FPSLREB Decisions

[1]    A decision was issued by the Board on June 27, 2000, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, amending the designation of positions in the bargaining unit comprised of all the employees of the employer other than those performing duties in positions which are or would be classified under the Veterinary Medicine (VM), Agriculture (AG), Biological Sciences (BI) (which includes the former Scientific Regulation (SG) Group), Chemistry (CH), Commerce (CO), Engineering and Land Survey (ELS), Purchasing and Supply (PG), Scientific Research (SE) and Economics, Sociology and Statistics (ES) Groups in the classification system of the Treasury Board and other than those performing duties in positions which are or would be classified in the Informatics (IN) (formerly the Computer Systems Administration (CS)) Group: 2000 PSSRB 60 (181-32-449). Diskette CFIA Designations (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 December 18, 2000, 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 copy of the parties' agreement, together with a new diskette bearing identification CFIA-PSAC Designations (the "new diskette"). The employer advised the Board that the bargaining agent has been provided with a copy of this new diskette and the bargaining agent has confirmed that it contains the positions on which the parties have agreed. This new diskette is accepted by the Board as an amendment to the old diskette 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.

[3]   On the basis of the agreement of the parties, the Board hereby revokes the designation of those positions that appeared on the old diskette and that do not appear on the new diskette. The Board also revokes the Forms 13 issued for those positions. The employer has returned the Forms 13 that have not been distributed to employees in these positions. Those Forms 13 will be destroyed by the Board. 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 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 the positions that appear on the new diskette 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 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.

[6]   Furthermore, the persons who occupy these additional positions are to be so informed within the time limit and pursuant to the procedure specified in subsection 60(1) of the P.S.S.R.B. Regulations and Rules of Procedure, 1993. Thereafter, future occupants of these positions shall be notified within 30 days of the date on which they first occupy the position.

[7]   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, January 22, 2001