FPSLREB Decisions

[1]   This dispute concerns the issue of safety or security designations for positions in the Nursing (NU) Group and the Social Work (SW) Group bargaining units.

[2]   Following numerous requests for extensions of time for the parties to meet and agree on a list of positions that have safety or security duties, as specified in subsection 78(1) of the Public Service Staff Relations Act (PSSRA), the issue was sent to a Designation Review Panel (DRP) for recommendation.

[3]   The position of the Professional Institute of the Public Service of Canada (PIPSC) is succinctly put in a letter from Mr. Roger Swickis, a negotiator with the PIPSC, to the Public Service Staff Relations Board (the Board), dated June 2, 1998. In that letter, Mr. Swickis states that the PIPSC would accept one hundred percent (100%) designations for the NU Group bargaining unit, provided the employer agrees to use the process outlined in section 61 of the PSSRA to resolve a collective bargaining impasse.

[4]   The employer's position is stated in its reply to the Board, dated June 11, 1998. It states, in part, that, because the PIPSC conditionally agrees to 100% designations for the NU Group bargaining unit, which includes the employer's proposal of 92.5% of the positions, there are no positions in dispute.

[5]   By way of a letter to the Board dated March 9, 2000, the employer is now proposing for designation 1,270 positions in the NU Group bargaining unit. The number of positions covered by the bargaining unit is 1,392. In effect, the employer proposes for designation less than 100% of the total positions covered by the unit.

[6]   Mr. Swickis' submission at the hearing reiterated the fact that the PIPSC agrees that 100% of the positions covered by the NU Group bargaining unit have safety or security duties, but advanced section 61 of the PSSRA as an alternative dispute resolution process. Currently, the parties are required to follow the conciliation/strike route in the event of an impasse in collective bargaining. Section 61 of the PSSRA allows the parties to agree to submit disputes to binding determination. In the instant case, the employer has not agreed to this process.

[7]   The situation with the SW Group bargaining unit is identical, except for the actual numbers. In the March 9, 2000 letter, the employer states that it is now proposing for designation 16 positions. There are 38 positions covered by the bargaining unit. At the hearing, the employer stated that two additional positions are being proposed for designation, for a total of 18.

[8]   The PIPSC again agreed to 100% designations for the SW Group.

[9]   The employer stated this case is identical to a previous decision (Board files 181–2–400 and 181–2–403) and the same result should apply. The Board would therefore have no jurisdiction to increase the number of positions proposed for designation.

[10]   On March 21, 2000, the employer provided the Board with diskette SW.XLS containing the list of positions it is proposing for designation in the SW Group bargaining unit. On March 23, 2000, the employer provided the Board with diskette NU Designations containing the list of positions it is proposing for designation in the NU Group bargaining unit.

Reasons for Decision

[11]   The situation here is identical to the situation the Board was faced with in the Nutrition and Dietetics Group and the Occupational and Physical Therapy Group bargaining units (Board files 181–2–400 and 181–2–403).

[12]   At page 5 of that decision, the Board wrote:

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I do not see any provision for the Institute to ask that the list be increased. Neither do I see where the Board could derive jurisdiction to increase the list, which the employer says is sufficient to meet its own operational needs. The Board is not in the business of running the employer's operations.

The legislation does not oblige the employer to propose all positions in the bargaining unit for designation. Where the employer proposes positions for designation and the bargaining agent disagrees with some or all of the proposals, the Board is required to make a determination. However, here there is, in fact, no disagreement. Absent that, there is no issue for the Board to decide.

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[13]   Again here, there is no authority to increase the number of safety or security designations over what is being proposed by the employer. Therefore, pursuant to subsection 78.1(6) of the PSSRA, the Board hereby designates the positions proposed by the employer for the NU Group and the SW Group bargaining units as having safety or security duties. The lists of these positions are contained in the diskettes submitted by the employer.

[14]   Pursuant to subsection 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.

[15]   On July 8, 1997, the employer and the PIPSC submitted a joint request to the Board to the following effect:

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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.

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(Board file 181–2–1)

[16]   On July 10, 1997, pursuant to section 6 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (the Regulations), the Board granted the request of the parties and ordered that:

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. 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.

This joint request is in accordance with the Board's decision in files 125–2–68 to 70 and will serve as a specific request for an extension of time for each bargaining unit which the Professional Institute of the Public Service of Canada is the bargaining agent and the Treasury Board is the employer until such time as one or both parties rescind the application.

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[17]   In accordance with this order, the employees who occupy designated positions in the NU Group and the SW Group bargaining units 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.

[18]   Finally, the Board draws the employer's attention to its responsibility under subsection 60(2) of the Regulationsthat, 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.

Joseph W. Potter,
Deputy Chairperson

OTTAWA, April 6, 2000.