FPSLREB Decisions

[1]   In Public Service Alliance of Canada v. Treasury Board, (181-2-367 & 440) and Public Service Alliance of Canada v. Treasury Board, (181-2-367 & 440, 148-2-300 & 301 and 149-2-215), the Board designated positions in the Correctional Group (Non-Supervisory and Supervisory) bargaining units. Diskette CX1-2.xls, CX3-1.xls (the "old" diskette) contains the list of all of the positions which the parties agreed had safety or security duties at that time.

[2]   In Public Service Alliance of Canada v. Treasury Board (142-2-341), the Board amalgamated the Correctional Group (Non-Supervisory) and the Correctional Group (Supervisory) bargaining units into a new bargaining unit described as the Correctional Services Group bargaining unit.

[3]   In Union of Canadian Correctional Officers - CSN v. Treasury Board, 2001 PSSRB 25, the Board certified the Union of Canadian Correctional Officers - CSN as the bargaining agent for the bargaining unit consisting of all employees of the Employer in the Correctional Services Group.

[4]   In UNION OF CANADIAN CORRECTIONAL OFFICERS - SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA - CSN v. Treasury Board, 2001 PSSRB 32, the name of the bargaining agent certified for that bargaining unit was amended to UNION OF CANADIAN CORRECTIONAL OFFICERS-SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA-CSN.

[5]   On December 14, 2004, the employer advised the Board that the parties had agreed to amend the list on the old diskette. Enclosed with the employer's letter was a Memorandum of Agreement, by which the parties agreed to amend the list on the old diskette, together with a new diskette bearing identification CX database DESIGNATIONS (the "new diskette"). The employer advised the Board that the bargaining agent had been provided with a true printout of the contents of the new diskette. The new diskette is accepted by the Board as containing the list of all of the positions that the parties now agree have safety or security duties.

[6]   On the basis of the agreement of the parties, the Board hereby revokes the designation of any positions that appeared on the old diskette and that do not appear on the new diskette. The Board also revokes the Forms 13 issued for those positions. The Board directs the employer to return forthwith any Forms 13 still in its possession and that have not been distributed to employees in those positions. Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that may have been so distributed to employees in those positions. The bargaining agent is to cooperate in this regard. The Board will destroy the Forms 13 when returned by the employer.

[7]   On the agreement of the parties and pursuant to subsection 78.1(6) of the Act, the Board hereby designates any positions that appear on the new diskette and that did not appear on the old diskette.

[8]   Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of those positions, containing all the information required, with the exception of the name of the employee occupying the designated position and the "Dated at..." portion of the form, which is to be completed by the employer prior to notification.

[9]   Furthermore, the persons who occupy the positions designated above are to be so informed within the time limits and pursuant to the procedure specified in subsection 60(1) of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (Regulations). Thereafter, future occupants of a designated position shall be notified within 30 days of the date on which they first occupy the position.

[10]   Finally, the Board draws the employer's attention to its responsibility under subsection 60(2) of the Regulations that, on the notification of an employee who occupies a designated position, it is to provide forthwith a copy of the notice referred to in subsection 60(1) to the bargaining agent.

Yvon Tarte
Chairperson

OTTAWA, December 22, 2004.