FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act - Office Equipment Group - Extension of time to notify occupants - pursuant to subsection 78.1(4) of the Public Service Staff Relations Act (PSSRA), the parties met to review each position 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 pursuant to subsection 78.1(5) provided the Board with a statement of the positions that the parties had determined do not have safety or security duties - the employer also advised the Board pursuant to subsection 78.1(7) that the parties had been unable to agree on whether a number of positions have safety or security duties - subsequently, the Board was informed that the parties had reached agreement on the positions which have safety or security duties - the Board designated these positions pursuant to subsection 78.1(6) of the PSSRA - in addition, the parties requested the Board to extend the 30-day time limit specified in subsection 60(1) of the P.S.S.R.B. Regulations and Rules of Procedure for notification of the incumbents of the designated positions - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform the employees occupying the designated positions - also pursuant to section 6 of the Regulations, the Board extended the time 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 under section 76 of the PSSRA - thereafter future occupants shall be notified within 30 days of the date on which they occupy the position. Positions designated.
Decision Content
File: 181-02-363 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PUBLIC SERVICE ALLIANCE OF CANADA Bargaining Agent and TREASURY BOARD Employer
RE: Determination of Designated Positions - Office Equipment Group
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 DETERMINATION AND NOTICE OF DESIGNATION OF POSITION 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 Office Equipment Group bargaining unit to determine whether any of them had safety or security duties as specified in subsection 78(1). By letter dated December 4, 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 of the positions the parties determined were in dispute pursuant to subsection 78.1(7).
By letter dated December 24, 1996, the employer notified the Board that an agreement had been reached by the parties as to which positions had safety or security duties and that a diskette would be submitted containing those positions.
Subsequently, on July 11, 1997, the Board received a diskette from the employer bearing identification number OE1XLS~1.xls containing those positions which the parties agreed had safety or security duties. This diskette is contained in the Board file. Accordingly, pursuant to subsection 78.1(6), the Board hereby designates the positions contained on the diskette sent to the Board by the employer on July 11, 1997 as having safety or security duties.
Pursuant to section 78.5 of the PSSRA the Board hereby authorizes the employer to inform the employees occupying the designated positions identified of the designation of those positions. For this purpose the Board will provide the employer with a Form 13 for each position designated 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 an extension of time granted by the Board on July 10, 1997 following a joint request by the parties for an extension of time consistent with the Board’s decision in files 125-2-68 to 70, 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 Act. Thereafter future occupants of a designated position shall be notified within 30 days of the date on which they first occupy the position.
Public Service Staff Relations Board
Decision Page 2 In addition, 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 (1) to the bargaining agent.
Yvon Tarte Chairperson OTTAWA, July 17, 1997.
Public Service Staff Relations Board