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) - Administrative Services Group - in earlier decisions, the Board had, pursuant to subsection 78.1(6) of the PSSRA, designated or amended the list of all the positions in the General Services subgroup bargaining unit, which the parties had agreed have safety or security duties: (181-2-363); (1999) 35 PSSRB Decisions 47, (181-2-369); (1999) 35 PSSRB Decisions 49, (181-2-373); (1999) 35 PSSRB Decisions 50, (181-2-374); (1999) 35 PSSRB Decisions 51, (181-2-376); (1997) 32 PSSRB Decisions 37, (181-2-379); (1999) 35 PSSRB Decisions 54, (181-2-387); (1999) 35 PSSRB Decisions 56, (181-2-393); (1999) 35 PSSRB Decisions 58, (181-2-409); (1998) 34 PSSRB Decisions 38 - on June 7, 1999, the Board amended the description of the bargaining unit , which is now comprised of employees in the new Administrative Services Group: (142-2-337); (1999) 35 PSSRB Decisions 11 - the description of the bargaining unit was further amended on September 30, 1999: (142-2-337) - 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 an additional 3925 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 3925 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 3925 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 3925 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: 2000-06-21
- File: 181-02-458
- Citation: 2000 PSSRB 56
Before the Public Service Staff Relations Board
BETWEEN
PUBLIC SERVICE ALLIANCE OF CANADA
Bargaining Agent
and
TREASURY BOARD
Employer
| RE: | Designated Positions - Program and Administrative 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 in the General Services subgroup bargaining unit of the General Services Group:
| Part formerly known as: | Diskette | File number | Date of decision |
| Secretarial, Stenographic and Typing | ST1-1.XLS, ST2.XLS and ST3.XLS | 181-2-387 | January 26, 1999 |
| Administrative Services | AS1-18.xls, AS2.xls, AS3.1xls | 181-2-373 | January 26, 1999 |
| Clerical and Regulatory | CR1-16.XLS.zip, CR2-4, CR3-3 | 181-2-369 | January 26, 1999 |
| Office Equipment | No diskette (no designated positions) | 181-2-363 | January 26, 1999 |
| Information Services | IS1-2.XLS, IS2.XLS, IS3.XLS | 181-2-379 | February 18, 1999 |
| Data Processing | DA1-4.XLS, DA3.XLS | 181-2-393 | January 26, 1999 |
| Programme Administration | PM1-13.XLS, PM2-2.XLS, PM3–2.XLS | 181-2-374 | April 14, 1999 |
| Welfare Programmes | WP1.XLS and WP2.XLS | 181-2-409 | September 16, 1998 |
| Communications | CM1XLS~1.XLS; CM2XLS~1.XLS and CM3XLS~1.XLS | 181-2-376 | September 25, 1997 |
The diskettes above (the "old diskettes") contain the list of all of the positions in the bargaining unit which the parties agreed had safety or security duties as of those dates.
[2] On June 7, 1999, the Board amended the description of the bargaining unit to refer to "All employees of the Employer in the Program and Administrative 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 142-2-337.
[3] On September 30, 1999, the Board further amended the description of the bargaining unit to refer to "All employees of the Employer in the Program and Administrative Services Group as defined in Part I of the Canada Gazette on March 27, 1999, other than those employees performing duties primarily involved with the provision of advice on the analysis, development and design of forms and forms systems and with the delivery of mediation and conciliation services dealing with disputes in collective bargaining and industrial relations within the jurisdiction of Part I of the Canada Labour Code": Board file 142-2-337.
[4] On June 2, 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 3925 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 a new diskette bearing identification Table = I Zip file (the "new diskette"). This new diskette is accepted by the Board as an amendment to the old diskettes and is contained in the Board file. Accordingly, this new diskette contains the list of all of the positions which the parties now agree have safety or security duties.
[5] 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 diskette. 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.
[6] 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 diskette and that did not appear on the old diskettes.
[7] 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.
[8] 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 (Board file 181-2). 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." 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.
[9] 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, June 21, 2000