FPSLREB Decisions
Decision Information
Decision review - Section 17 of the Parliamentary Employment and Staff Relations Act - Description of the bargaining unit - Administrative Support Group (legislative clerk) - the Professional Institute of the Public Service of Canada had been certified as the bargaining agent for all employees of the Senate in the Legislative Clerk Sub-Group in the Administrative Support Group: 442-SC-3 (March 24, 1987), (1987) 11 PSSRB Summaries 75; 442-S-3 (June 18, 1987), (1987) 11 PSSRB Summaries 75 - the parties jointly applied to the Board to amend the French version of the description of the bargaining unit to replace the term "commis parlementaires" with the term "greffiers".Application allowed.
Decision Content
Parliamentary Employment and Staff Relations Act
- Date: 2001-12-11
- File: 425-SC-4, 442-S-3
- Citation: 2001 PSSRB 125
Before the Public Service Staff Relations Board
BETWEEN
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Applicant
and
SENATE OF CANADA
Employer
| RE: | Amendment of Certification Decision and Subsequent Reasons Section 17 of the Parliamentary Employment and Staff Relations Act |
Before: Yvon Tarte, Chairperson
For the Applicant: Michel Gingras, Professional Institute of the Public Service of Canada
For the Employer: Gérald A. Boulet, Senate of Canada
[1] This decision relates to an application made jointly by the Professional Institute of the Public Service of Canada (PIPSC) and the Senate of Canada under section 17 of the Parliamentary Employment and Staff Relations Act (PESRA). The parties are asking the Board to review Professional Institute of the Public Service of Canada v. Senate of Canada (Board file 442–S–3, March 24, 1987) and the subsequent reasons (Board file 442–S–3, June 18, 1987) in order to amend the French version of the description of a bargaining unit.
[2] Section 17 of the PESRA states as follows:
Powers and Duties of the Board
. . .
17. (1) Subject to subsection (2), the Board may review, rescind, amend, alter or vary any decision or order made by it, or may re–hear any application before making an order in respect thereof.
(2) Any rights acquired by virtue of any decision or order that is reviewed, rescinded, amended, altered or varied pursuant to subsection(1) shall not be altered or extinguished with effect from a day earlier than the day on which the review, rescission, amendment, alteration or variation is made.
[3] In Professional Institute of the Public Service of Canada v. Senate of Canada (Board file 442–S–3, March 24, 1987), the Board certified the Professional Institute of the Public Service of Canada as the bargaining agent for a bargaining unit composed of the following employees (bargaining unit):
…all employees of the employer in the Legislative Clerk Sub–group in the Administrative Support Group…
[…] tous les employés de l’employeur compris dans le sous-groupe des commis parlementaires, qui fait partie du groupe du soutien administratif […]
[4] On November 28, 2001, the parties jointly applied to the Board to amend the French version of the description of the bargaining unit to replace the expression “commis parlementaires” (legislative clerk) with the term “greffiers” (registrars).
[5] In the circumstances, the Board considers it appropriate to allow the parties’ application and replace the expression “commis parlementaires” appearing in the French version of the description of the bargaining unit with the term “greffiers”. The French version of the bargaining unit’s description is amended accordingly and henceforth reads as follows:
[...] tous les employés de l’employeur compris dans le sous–groupe des greffiers, qui fait partie du groupe du soutien administratif [...]
[6] A new certificate will be issued.
Yvon Tarte
Chairperson
OTTAWA, December 11, 2001
PSSRB Translation