FPSLREB Decisions
Decision Information
Amendment to designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act (PSSRA) - Extension of time limit - Section 6 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (Regulations) - Operational Services Group - in earlier decisions, the Board, pursuant to subsection 78.1(6) of the PSSRA, had designated the positions or amended the list of positions, which the parties had agreed have safety or security duties, in the Firefighters Group (Supervisory and Non-Supervisory), General Labour and Trades Group (Supervisory and Non-Supervisory), General Services Group (Supervisory and Non-Supervisory), Heating, Power and Stationary Plant Operation Group (Supervisory and Non-Supervisory), Hospital Services Group (Supervisory and Non-Supervisory), Lightkeepers Group (Supervisory and Non-Supervisory), Printing Operations Group (Supervisory) and Ships' Crews Group (Supervisory and Non-Supervisory) bargaining units: (181-2-382 and 426); (1998) 34 PSSRB Decisions 36, (181-2-364 and 427); (1999) 35 PSSRB Decisions 48, (181-2-388 and 438); (1999) 35 PSSRB Decisions 57, (181-2-349 and 425); (1999) 35 PSSRB Decisions 47, (181-2-372 and 424); (1997) 32 PSSRB Decisions 34, (181-2-371); (1997) 32 PSSRB Decisions 34, (181-2-443); (1998) 34 PSSRB Decisions 43 and (181-2-418 and 428); (1998) 34 PSSRB Decisions 40 - on June 7, 1999, the Board amalgamated the bargaining units to form a new one comprised of all employees in the new Operational Services Group: (142-2-338), (1999) 35 PSSRB Decisions 11 - subsequently, the employer advised the Board that the parties had agreed that some of these positions no longer had safety or security duties - accordingly, the Board revoked the designation of these positions and the Forms 13 that had been issued in relation to them - the employer also advised the Board that the parties had agreed that some additional positions had safety or security duties - consequently, the Board designated these positions pursuant to subsection 78.1(6) of the PSSRA - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform the employees occupying these additional positions of the designation - pursuant to section 6 of the Regulations, the Board extended the time limit for doing so and directed the employer to inform the employees occupying these additional positions of the designation within 30 days from the date of a request for conciliation under section 76 of the PSSRA - the Board further directed the employer to so notify future incumbents of these additional positions within 30 days of the date on which they occupy these positions. Designations revoked. Positions designated.
Decision Content
Public Service Staff Relations Act
- Date: 2000-12-13
- File: 181-2-459
- Citation: 2000 PSSRB 112
Before the Public Service Staff Relations Board
BETWEEN
PUBLIC SERVICE ALLIANCE OF CANADA
Bargaining Agent
and
TREASURY BOARD
Employer
| RE: | Designated Positions – Operational Services Group |
Before: Yvon Tarte, Chairperson
[1] The decisions below were issued by the Board, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions or amending the list of designated positions in the following bargaining units:
| Bargaining Units: | Diskettes | Board Files | Date of Decisions |
| Firefighters Group (Supervisory and Non–Supervisory) | FR1–6.XLS | 181–2–382 181–2–426 | December 16, 1998 |
| General Labour and Trades Group (Supervisory and Non–Supervisory) | GL1–13.XLS, GL2–2.XLS, GL3–2.XLS | 181–2–364 181–2–427 | January 14, 1999 |
| General Services Group (Supervisory and Non–Supervisory) | GS1–9.XLS, GS2–3.XLS, GS3–1.XLS | 181–2–388 181–2–438 | March 23, 1999 |
| Heating, Power and Stationary Plant Operation Group (Supervisory and Non–Supervisory) | HP1–9.XLS, HP2–1.XLS, HP3.XLS | 181–2–349 181–2–425 | February 12, 1999 |
| Hospital Services Group (Supervisory and Non–Supervisory) | HS1XLS~1.XLS, HS2XLS~1.XLS, HS3XLS~1.XLS | 181–2–372 181–2–424 | September 22, 1997 |
| Lightkeepers Group (Supervisory and Non–Supervisory) | Appendix 2 | 181–2–371 | July 7, 1997 |
| Printing Operations Group (Supervisory) | PR(S)3.xls | 181–2–443 | July 31, 1998 |
| Ships' Crews Group (Supervisory and Non–Supervisory) | SC1–1.XLS, SC2.XLS, SC3–1.XLS | 181–2–418 181–2–428 | September 8, 1998 |
The diskettes and the appendix above (the "old diskettes") contain the list of all of the positions in the bargaining units, which the parties agreed had safety or security duties as of those dates.
[2] On June 7, 1999, the Board amalgamated the bargaining units above into a new one, comprised of "All employees of the Employer in the Operational Services Group as defined in Part I of the Canada Gazette of March 27, 1999", and confirmed the Public Service Alliance of Canada as its bargaining agent: Board file 142–2–338.
[3] On October 3, 2000, the employer advised the Board that the parties agreed to amend the list in the old diskettes. As a result of this agreement, some positions were deleted from the list and some positions were added to the list. Enclosed with the employer's letter was a Memorandum of Agreement, by which the parties agreed to amend the list in the old diskettes, together with three new diskettes bearing identification Table 2 changes, Table 2 - CURRENT and Table 2 – New (the "new diskettes"). The bargaining agent has been provided with a copy of these new diskettes. The new diskettes are accepted by the Board as an amendment to the old diskettes and are contained in the Board file. Accordingly, these new diskettes contain the list of all of the positions which the parties now agree have safety or security duties.
[4] On the basis of the agreement of the parties, the Board hereby revokes the designation of those positions referred to above, that appeared on the old diskettes and that do not appear on the new diskettes. The Board also revokes the Forms 13 issued for those positions and directs the employer to return forthwith those that have not been distributed to the employees in these positions. Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that have been so distributed. The bargaining agent is to cooperate in this regard. The Board will destroy the Forms 13 when returned by the employer.
[5] Also, on the agreement of the parties and pursuant to subsection 78.1(6) of the Act, the Board hereby designates the positions referred to above that appear on the new diskettes and that did not appear on the old diskettes.
[6] Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of these positions, 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.
[7] On July 3, 1997, the parties applied for an extension of the time limit set out in section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993, to a period of 30 days from the date of a request for conciliation pursuant to section 76 of the Act. Pursuant to section 6 of the Regulations, this request was granted by the Board, on July 10, 1997, ".until such time as one or both parties rescind the application..": Board file 181–2. Accordingly, the employees who occupy the positions designated above are to be so informed within such 30–day period. Thereafter, future occupants of a designated position shall be notified within 30 days of the date on which they first occupy the position.
[8] 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 60(1) to the bargaining agent.
Yvon Tarte
Chairperson
OTTAWA, December 13, 2000