FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act - All employees - 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 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: 181-29-420 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PUBLIC SERVICE ALLIANCE OF CANADA Bargaining Agent and NATIONAL CAPITAL COMMISSION Employer
RE: Designated Positions All employees of the National Capital Commission
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 of the National Capital Commission to determine whether any of them have safety or security duties as specified in subsection 78(1). By letter dated July 31, 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. In addition, the employer also notified the Board, pursuant to subsection 78.1(6), that the parties had agreed regarding which positions have safety or security duties.
The employer, in a letter dated August 5, 1997, advised the Board that the agreement had been reached with a representative of the National Component of the bargaining agent and required another signature from the bargaining agent to "finalize this process."
By letter of August 29, 1997, the bargaining agent advised the Board that it agreed with the employer's submissions as to which of the positions have safety or security duties.
Subsequently, the Board received a letter dated September 19, 1997 from the employer and a diskette bearing identification DES-POS.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 September 24, 1997 the National Capital Commission and the Public Service Alliance of Canada submitted a joint request to the Board to the following effect:
The parties hereby request the Board to extend the time limit to issue Form 13 for bargaining units where the National Capital Commission is the employer and the Public Service Alliance of Canada is the bargaining agent 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 September 24, 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 thirty(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, all employees of the National capital Commission who occupy designated positions 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 notification of an employee who occupies a designated position, it is to provide forthwith a copy of the notice referred to in subsection 60(1) to the bargaining agent.
Yvon Tarte Chairperson
OTTAWA, October 22, 1997.
Public Service Staff Relations Board