FPSLREB Decisions

[1]   In Professional Association of Foreign Service Officers v. Treasury Board, 2000 PSSRB 57 (Board file 181–2–465), the Board designated positions in the Foreign Service Group bargaining unit pursuant to subsection 78.1(6) of the Public Service Staff Relations Act (Act). Diskette FS-2.xls (the "old diskette") contains the list of all of the positions which the parties agreed had safety or security duties as of that date.

[2]   On November 21, 2001, the employer advised the Board that the parties agreed to amend the list in the old diskette. Enclosed with the employer's letter was a Memorandum of Agreement, by which the parties agreed to amend the list in the old diskette, together with four new diskettes bearing identification FS CHG.XLS, FS CUR.XLS, FS NEW.XLS, FS DEL.XLS (the "new diskettes"). The employer advised the Board that the bargaining agent has been provided with a true printout of the contents of the new diskettes. These new diskettes are accepted by the Board as containing the list of all of the positions which the parties now agree have safety or security duties.

[3]   On the basis of the agreement of the parties, the Board hereby revokes the designation of any positions that appeared on the old diskette and that do not appear on the new diskettes. The Board also revokes the Forms 13 issued for those positions. The Board directs the employer to return forthwith any Forms 13 still in its possession and that have not been distributed to employees in those positions. Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that may have been distributed to employees in those positions. The bargaining agent is to cooperate in this regard. The Board will destroy those Forms 13 when returned by the employer.

[4]   Also, on the agreement of the parties and pursuant to subsection 78.1(6) of the Act, the Board hereby designates any positions that appear on the new diskettes and that did not appear on the old diskette.

[5]   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 those 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.

[6]   On May 17, 2000, 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 (Regulations), to a period of 30 days from the date of a request for conciliation pursuant to section 76 of the Act. This request was granted by the Board on May 18, 2000, pursuant to section 6 of the Regulations: Board file 181–2. It is understood that the extension granted by the Board will continue for each round of bargaining until such time as one or both parties rescind the application.

[7]   On October 22, 2001, the bargaining agent requested conciliation pursuant to section 76 of the Act in relation to the Foreign Service Officers Group bargaining unit. However, at that time, the issue of designations was still outstanding. Accordingly, for purposes of notification, the request was held in abeyance until resolution of the designation issue.

[8]   Therefore, in these circumstances, the persons who occupy the positions designated above are to be informed within 30 days from this decision. 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, November 26, 2001.