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) - Agriculture (AG), Biological Sciences (BI), Chemistry (CH), Commerce (CO), Engineering and Land Survey (ELS), Purchasing and Supply (PG), Scientific Research (SE) and Economics, Sociology and Statistics (ES) Groups - in an earlier decision, the Board had designated, pursuant to subsection 78.1(6) of the PSSRA, the positions in the bargaining unit which the parties had agreed have safety or security duties: 2000 PSSRB 13 (181-32-448 and 475), (2000) 37 PSSRB Summaries 22 - subsequently, the employer advised the Board that the parties had agreed to amend the list of the positions in the bargaining unit which have safety or security duties - accordingly, the Board revoked the designation of any positions that no longer appeared on the list and the Forms 13 that had been issued in relation to them - pursuant to subsection 78.1(6) of the PSSRA, the Board designated any positions that were added to the list - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform of the designation the employees occupying those additional positions - the Board directed the employer to inform of the designation the employees occupying those additional positions within the time limit and pursuant to the procedure specified in section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 - the Board further directed the employer to so notify future incumbents of those additional positions within 30 days of the date on which they occupy those positions. Designations revoked. Positions designated.
Decision Content
Public Service Staff Relations Act
- Date: 2001-09-12
- File: 181-32-482
- Citation: 2001 PSSRB 93
Before the Public Service Staff Relations Board
BETWEEN
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Bargaining Agent
and
CANADIAN FOOD INSPECTION AGENCY
Employer
| RE: | Designated Positions - Agriculture (AG), Biological Sciences (BI), Chemistry (CH), Commerce (CO), Engineering and Land Survey (ELS), Purchasing and Supply (PG), Scientific Research (SE) and Economics, Sociology and Statistics (ES) Groups |
Before: Yvon Tarte, Chairperson
[1] In Canadian Food Inspection Agency v. Professional Institute of the Public Service of Canada, 2000 PSSRB 13 (181-32-448 and 475), the Board designated positions in the Agriculture (AG), Biological Sciences (BI) (which includes the former Scientific Regulation Group), Chemistry (CH), Commerce (CO), Engineering and Land Survey (ELS), Purchasing and Supply (PG), Scientific Research (SE) and Economics, Sociology and Statistics (ES) Groups bargaining unit pursuant to subsection 78.1(6) of the Public Service Staff Relations Act (Act). Diskette CFIA - PIPSC S& A Designations 99-09-30 (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 August 22 and 28, 2001, the employer advised the Board that the parties agreed to amend the list in the old diskette. Enclosed with the employer's letters was a diskette bearing identification S& A Designations August 28, 2001 (the "new diskette"). The employer advised the Board that the bargaining agent has been provided with a copy of this new diskette. This new diskette is 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 diskette. 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 have been so 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 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 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] Furthermore, the persons who occupy the positions designated above 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 (Regulations). Thereafter, future occupants of a designated position 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 Regulationsthat, 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, September 12, 2001.