FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act - Administrative Support group - pursuant to subsection 78.1(4) of the Public Service Staff Relations Act (PSSRA), the parties met to review the position of each employee in the bargaining unit to determine whether any of them have safety or security duties as specified in subsection 78(1) - in due course the employer notified the Board of the positions which the parties determined have such duties as required by subsection 78.1(6) of the PSSRA - accordingly, the Board designated the positions as having safety or security duties - employer also submitted a Memorandum of Understanding between the parties whereby they agreed that the employees who occupied such positions would not be notified until such time as the Chairperson decided to establish or not to establish a conciliation board - Board indicated that, as a general rule, it attempted to accommodate the wishes of the parties in these matters where it was possible for it to do so - however, the Board could not accommodate this request as it ran counter to section 78.5 of the PSSRAand section 60 of the P.S.S.R.B. Regulations and Rules of Procedure - Board therefore authorized employer pursuant to section 78.5 of the PSSRAto notify the occupants of these positions and all subsequent occupants thereof of the designation of the positions in question within the time limit and pursuant to the procedure specified in section 60 of the Regulations - in addition, the Board drew the employer's attention to its responsibility under subsection 60(2) of the Regulationsto provide a copy of each such notice to the bargaining agent. Positions designated.
Decision Content
File: 181-9-352 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN RESEARCH COUNCIL EMPLOYEES' ASSOCIATION Bargaining Agent and NATIONAL RESEARCH COUNCIL Employer
RE: Determination of Designated Positions - Administrative Support
Before: Yvon Tarte, Chairperson
(Decided without a hearing.)
Decision Page 1 DETERMINATION AND NOTICE OF DESIGNATION OF POSITIONS Pursuant to subsection 78.1(4) of the Public Service Staff Relations Act (PSSRA), the parties met to review the position of each employee in the administrative support group bargaining unit to determine whether any of them had safety or security duties as specified in subsection 78(1). By letter dated November 18, 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 also notified the Board pursuant to subsection 78.1(6) that the parties had determined that the positions identified in Appendix 1, attached hereto, had safety or security duties.
Accordingly, pursuant to subsection 78.1(6), the Board hereby designates the positions identified in Appendix 1 as having safety or security duties.
The employer also submitted a Memorandum of Understanding between the parties dated November 18, 1996, whereby they agree to the following:
In the interests of maintaining harmonious relations the National Research Council (NRC) and the Research Council Employees' Association (RCEA) agree to the following with respect to the AD, AS, CS and PG bargaining units:
1. The RCEA agrees that NRC will deliver the Public Service Staff Relations Board (PSSRB) Notices to Employees, thereby informing them that they occupy designated positions.
2. Both parties recognize the mutual administrative advantage of issuing the Notices to employees at the time the PSSRB decides to establish a Conciliation Board (section 83 of the Act), or decides not to establish a Conciliation Board (section 77 of the Act) for that bargaining unit. With the concurrence of the PSSRB, the parties agree that delivery of Notices, at that time, shall be considered as meeting the requirements of section 60.(1) of the PSSRB Rules and Regulations of Procedure.
Public Service Staff Relations Board
Decision Page 2 The requirement of the Board or, if authorized by the Board, the employer to inform employees who occupy designated positions is set out in section 78.5 of the PSSRA; that obligation arises from the designation of the positions. Subsection 78.1(6) provides that, where the parties determine that positions have safety or security duties, the employer shall notify the Board of those positions and the Board shall designate the positions as having those duties. Section 60 of the P.S.S.R.B. Regulations and Rules of Procedure specifies that an employee who occupies a designated position is to be informed of that fact by a notice (Form 13) within 30 days after a notice of designation has been sent to the employer by the Chairperson or within 30 days after the employee first occupies a designated position.
Notwithstanding the agreement of the parties, I do not believe it would be appropriate for me, in this case, to authorize a delay in the notification of employees occupying designated positions. Although the Board has the authority under section 6 of the Regulations to extend any time limits set out therein, I am of the view that this authority must be exercised with a definite time in mind and cannot be used to extend the time for an indefinite period. Furthermore, I believe that one of the main reasons for requiring the designation of positions having safety or security duties and the notification of the occupants thereof well in advance of any possible strike action is to avoid exacerbating the situation when the parties reach an impasse in a dispute. This purpose would be defeated if the Board were to authorize a delay in the notification of the employees occupying designated positions as envisaged in the Memorandum of Understanding between the parties.
As a general rule, the Board attempts to accommodate the wishes of the parties in these matters where it is possible for it to do so. Unfortunately, it is not possible for the Board to do so here as the course of action proposed by the parties in the Memorandum of Understanding runs counter to the relevant legislative framework.
Accordingly, in light of section 78.5 of the PSSRA, the Board hereby authorizes the employer to inform the employees occupying the positions identified in Appendix 1 (and all subsequent occupants thereof) of the designation of those positions within the time limit and pursuant to the procedure specified in section 60 of the Regulations. In addition, the Board draws the employer's attention to its responsibility under
Public Service Staff Relations Board
Decision Page 3 subsection 60(2) of the Regulations to provide a copy of each such notice to the bargaining agent.
Yvon Tarte Chairperson
OTTAWA, December 10, 1996.
Public Service Staff Relations Board