FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act - Air Traffic Control 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 and the employer was therefore referring those positions to a designation review panel - a designation review panel was duly established - 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: 181-2-419 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE CANADIAN AIR TRAFFIC CONTROL ASSOCIATION Bargaining Agent and TREASURY BOARD Employer
RE: Designated Positions - Air Traffic Control Group
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 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 Air Traffic Control Group bargaining unit to determine whether any of them have safety or security duties as specified in subsection 78(1). By letter dated July 30, 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 certain positions have safety or security duties. In addition the employer advised the Board, pursuant to subsection 78.1(7) that the parties were unable to agree on whether a number of positions have safety or security duties and that it was referring those positions that remained in dispute to a designation review panel.
A designation review panel was duly established. However, the employer, by letter dated December 16, 1997 notified the Board that agreement had been reached by the parties as to which positions have safety or security duties. In addition, the employer indicated that the parties had agreed that the remaining positions do not have safety or security duties. Enclosed was a Memorandum of Agreement signed by the parties and a diskette bearing identification AI1.xls and AI3.xls containing those positions which the parties agreed have 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 above-mentioned diskette as having safety or security duties.
On December 16, 1997 the Treasury Board and the Canadian Air Traffic Control Association submitted a joint request to the Board to the following effect:
The parties are hereby requesting the Board to extend the time limit to issue Form 13 for the Air Traffic Control Group bargaining unit which the Canadian Air Traffic Control Association is the bargaining agent and the Treasury Board is the employer to 30 days following a request for a conciliation board, in accordance with the Board’s decision in files 125-2-68 to 70.
Public Service Staff Relations Board
Decision Page 2 On December 19, 1997, pursuant to section 6 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993, the Board granted the request of the parties and ordered that: ... the Board will extend 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. (Board file 181-2-1)
In accordance with this order, the employees who occupy designated positions in the Air Traffic Control Group bargaining unit are to be so informed within the 30 day period specified in the above-cited order. Thereafter future occupants of a designated position shall be notified within 30 days of the date on which they first occupy the position.
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 for each designated position 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.
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 (1) to the bargaining agent.
Yvon Tarte Chairperson
OTTAWA, December 29, 1997. Public Service Staff Relations Board