FPSLREB Decisions

File: 181-2-343 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Bargaining Agent and TREASURY BOARD Employer

RE: Determination of Designated Positions - Law Group

Before: Yvon Tarte, Chairperson

(Decided without a hearing.)

Decision Page 1 DETERMINATION AND NOTICE OF DESIGNATION OF POSITIONS Pursuant to section 78.1(4) of the Public Service Staff Relations Act (PSSRA), the parties met to review the position of each employee in the law group bargaining unit to determine whether any of them had safety or security duties as specified in subsection 78(1). By letter dated September 27, 1996, the employer pursuant to subsection 78.1(5) provided the Board with a statement of the positions the parties had determined do not have safety or security duties. The employer advised the Board that the parties were unable to agree on whether a number of positions had safety or security duties and that it was referring those positions that remained in dispute to a designation review panel pursuant to subsection 78.1(7).

Subsequently, the Board was informed that the parties had reached agreement on the positions in dispute. The agreement, which was signed by the representatives of the parties, reads as follows:

Representatives of the Professional Institute of the Public Service of Canada and Treasury Board of Canada agree to the following determinations in respect of positions in the Law bargaining unit at the Office of the Chief Electoral Officer:

1. Positions 00001, 00507, 00517, 00511 and 00510 are not designated positions for purposes of section 78 of the PSSRA.

2. Positions 00064, 00081, 00318 and 07011 are designated positions for purposes of section 78 of the PSSRA conditional upon either of the following circumstances being in effect:

(a) Parliament has been dissolved for the conduct of national general elections in which case the designation status is in effect from the date of the dissolution of Parliament until the date which is twenty-one days following the date fixed for the return of the writs.

or (b) A national referendum pursuant to the Referendum Act has been initiated in which case the designation status is in effect from the date on which the writs for the conduct of the referendum are issued until the date which is twenty-one days following the date fixed for the return of the writs.

Public Service Staff Relations Board

Decision Page 2 Accordingly, pursuant to subsection 78.1(6) of the PSSRA, the Board hereby designates the following positions as having safety or security duties according to the agreement of the parties:

Position Number Title 00064 Legal Counsel

00081 Special Legal Counsel

00318 Legal Counsel

07011 Legal Counsel

In its letter dated November 29, 1996, advising the Board of the agreement of the parties, the employer requested "that the PSSRB not require a notice (Form 13) to be sent to the incumbents of the positions within 30 days, but rather delay the issuance until a date to be agreed to by the parties". The Board invited the parties to submit written representations on this issue.

In their written representations both parties sought an extension of the 30-day time limit specified in subsection 60(1) of the P.S.S.R.B Regulations and Rules of Procedure for the notification of the incumbent of a designated position. However, the employer sought an extension of the time limit to "within a reasonable period after either party formally requests conciliation under section 76 of the PSSRA". The bargaining agent, on the other hand, requested an extension of the time limit to "within a period of thirty days after the day on which the Chairperson has received a request for conciliation pursuant to section 76". Furthermore, the parties sought the Board's agreement that there would be no need to issue a notice every time a new incumbent occupied a designated position. Rather that obligation would only arise the next time one of the parties requested conciliation under section 76 of the PSSRA.

Public Service Staff Relations Board

Department Office of the Chief Electoral Officer

Office of the Chief Electoral Officer

Office of the Chief Electoral Officer

Office of the Chief Electoral Officer

Decision Page 3 In addition, the bargaining agent indicated that it was opposed to the delegation to the employer of the responsibility to distribute the notices to employees occupying designated positions Neither did the bargaining agent want the employer to be responsible for completing the information contained in the notices.

Section 78.5 of the PSSRA provides: 78.5 The Board, or if authorized by the Board, the employer, shall inform an employee occupying a designated position of the designation within such time after the position is designated or occupied, as the case may be, and in such manner as the Board may prescribe.

Sections 6 and 60 of the Regulations state the following: 6. Notwithstanding any Regulations, the Board may

(a) extend the time specified by these Regulations, or allow for additional time to do any act, provide any notice or file any document; or

(b) reduce the time specified by these Regulations to do any act, provide any notice or file any document.

60. (1) For the purposes of section 78.5 of the Act, the Board, or if authorized by the Board, the employer, shall inform an employee occupying a designated position of the designation by providing to that employee a notice in Form 13 of the schedule no later than on the thirtieth day after the day on which

(a) a notice of designation is sent to the employer pursuant to subsection 78.2(4) of the Act, or section 58; or

(b) an employee first occupies a designated position. (2) Where the Board or the employer, as the case may be, provides a notice referred to in subsection (1) to the employee occupying the designated position, the Board or the employer shall provide, forthwith, a copy of the notice to the employee organization that is certified as the bargaining agent for the bargaining unit in which the employee is a member.

Public Service Staff Relations Board

other provision in these

Decision Page 4 Having carefully considered all the submissions of the parties, the Board determines as follows. Pursuant to section 78.5 of the PSSRA the Board hereby authorizes the employer to inform the employees occupying the designated positions identified herein. For this purpose the Board will provide the employer with a Form 13 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. Also, pursuant to section 6 of the Regulations the Board hereby extends the time specified in subsection 60(1) of the Regulations within which an employee is to be informed of the fact that he or she occupies a designated position to a period of 30 days from the date of a request for conciliation pursuant to section 76 of the PSSRA. Thereafter future occupants of a designated position shall be notified within 30 days of the date on which they first occupy the position.

In addition, the Board draws the employer's attention to its responsibility under subsection 60(2) of the Regulations to provide forthwith a copy of the notice referred to in subsection (1) to the bargaining agent.

Yvon Tarte Chairperson

OTTAWA, February 21, 1997.

Public Service Staff Relations Board