FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act - Operational category - Extension of time to notify occupants of designated positions - pursuant to subsection 78.1(4) of the Act, the parties met to review the position of each employee in the bargaining unit to determine whether any of them had 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 the parties had determined do not have safety or security duties - the Board was also informed that the parties had reached agreement on the positions which have such duties - the Board designated these positions pursuant to subsection 78.1(6) of the Act - in addition, the parties requested the Board pursuant to section 6 of the P.S.S.R.B. Regulations and Rules of Procedure to extend the 30-day time limit specified in subsection 60(1) of the Regulations for notification of the incumbents of the designated positions - pursuant to section 78.5 of the Act, the Board authorized the employer to inform the employees occupying the designated positions - for this purpose the Board will provide the employer with forms 13 which will be complete except for the name of the occupant of each position and the appropriate date of the notice - also pursuant to section 6 of the Regulations, the Board extended 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 shall be notified within 30 days of the date on which they first occupy the position. Positions designated.
Decision Content
File: 181-9-386 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE RESEARCH COUNCIL EMPLOYEES’ ASSOCIATION Bargaining Agent and NATIONAL RESEARCH COUNCIL Employer
RE: Determination of Designated Positions - Operational Category
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 Operational Category bargaining unit to determine whether any of them had safety or security duties as specified in subsection 78(1). By letter dated February 14, 1997, 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, have 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.
In a Memorandum of Understanding between the National Research Council and the Research Council Employees’ Association dated April 16, 1997, the parties indicated that:
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 OP bargaining unit:
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 advantage of issuing the Notices to employees within 30 days of the time that 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 Board, 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.
Pursuant to section 78.5 of the PSSRA the Board hereby authorizes the employer to inform the employees occupying the designated positions identified in Appendix 1. 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 section 6 of the P.S.S.R.B. Regulations and Rules of Procedure the
Public Service Staff Relations Board
Decision Page 2 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.
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, May 2, 1997.
Public Service Staff Relations Board