FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act - Scientific Research 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 advised the Board that the parties had reached agreement on the positions which have safety or security duties - the employer also advised the Board that the parties had agreed that the remaining positions in the bargaining unit do not have safety or security duties - pursuant to subsection 78.1(6) of the PSSRA the Board designated the positions which the parties agreed have safety or security duties - 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: 181-2-405 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Bargaining Agent and TREASURY BOARD Employer
RE: Designated Positions - Scientific Research Group
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 DECISION DESIGNATING 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 Scientific Research Group bargaining unit to determine whether any of them have safety or security duties as specified in subsection 78(1). By letter dated November 3, 1997, the employer notified the Board pursuant to subsection 78.1(6) of the positions the parties have determined have safety or security duties. In addition, the employer indicated that the parties have agreed that the remaining positions do not have safety or security duties. Enclosed were Memoranda of Agreement between the parties and a diskette bearing identification SE1.XLS, SE2.XLS and SE3.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 July 8, 1997 the Treasury Board and the Professional Institute of the Public Service of Canada had 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 all the bargaining units which the Professional Institute of the Public Service of Canada 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.
On July 10, 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:
... in all such cases where a determination has not yet been issued, 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)
In accordance with this order, the employees who occupy designated positions in the Scientific Research 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.
Public Service Staff Relations Board
Decision Page 2 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 3, 1997.
Public Service Staff Relations Board