FPSLREB Decisions

File: 181-02-430 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE ASSOCIATION OF PUBLIC SERVICE FINANCIAL ADMINISTRATORS Bargaining Agent and TREASURY BOARD Employer

RE: Designated Positions - Financial Management Subgroup of the General Services Group

Before: Yvon Tarte, Chairperson

(Decided without an oral hearing)

Decision Page 1 DECISION DESIGNATING POSITIONS Pursuant to subsection 78.1(4) of the Public Service Staff Relations Act (PSSRA), the parties met to review the position of each employee in the Financial Management Subgroup of the General Services Group bargaining unit to determine whether any of them have safety or security duties as specified in subsection 78(1). The employer, by letter dated November 25, 1997 notified the Board that an agreement had been reached by the parties as to which positions have safety or security duties. In addition the parties had agreed that the remaining positions in the bargaining unit do not have safety or security duties. Also enclosed was a Memorandum of Agreement signed by the parties and a diskette bearing identification FI1.xls containing those positions which the parties agreed have safety or security duties. This diskette is contained in the Board file. Accordingly, pursuant to subsection 78.1(6), the Board hereby designates the positions contained on the above-mentioned diskette as having safety or security duties.

On November 26, 1997 the Treasury Board and the Association of Public Service Financial Administrators submitted a joint request to the Board to the following effect:

The parties are hereby requesting the Board to extend the time limit to issue Form 13 for the Financial Administration Group bargaining unit which the Association of Public Service Financial Administrators (APSFA) is the bargaining agent and the Treasury Board is the employer to 30 days following a request for a conciliation board, in accordance with the Board’s decision in files 125-2-68 to 70.

On November 26, 1997, pursuant to section 6 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993, the Board granted the request of the parties and ordered that:

... the Board will extend the time specified in subsection 60(1) of the Regulations within which an employee is to be informed of the fact that he or she occupies a designated position 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)

It should be noted that, although the parties referred in their request to the Financial Administration Group bargaining unit, that bargaining unit has since

Public Service Staff Relations Board

Decision Page 2 March 7, 1994 been described as the Financial Management Subgroup of the General Services Group. (Board file 141-2-3)

In accordance with this order, the employees who occupy designated positions in the Financial Management Subgroup of the General Services Group bargaining unit are to be so informed within the 30 day period specified in the above-cited order. Thereafter future occupants of a designated position shall be notified within 30 days of the date on which they first occupy the position.

Pursuant to section 78.5 of the PSSRA the Board hereby authorizes the employer to inform the employees occupying the designated positions identified herein. For this purpose the Board will provide the employer with a Form 13 for each designated position 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.

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 (1) to the bargaining agent.

Yvon Tarte Chairperson OTTAWA, December 2, 1997.

Public Service Staff Relations Board