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) - Extension of time limit - Section 6 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 - Technical Services Group - in an earlier decision, the Board had amended, pursuant to subsection 78.1(6) of the PSSRA, the list of positions in the bargaining unit which the parties had agreed have safety or security duties: 2001 PSSRB 40 (181-2-460), (2001) 39 PSSRB Summaries 29 - 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 those 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 those 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 these additional positions - the Board had extended the time limit for doing so in its earlier decision and directed the employer to inform of the designation the employees occupying these additional positions within that time limit - the Board further directed the employer to so notify future incumbents of these additional positions within 30 days of the date on which they occupy these positions. Designations revoked. Positions designated.
Decision Content
Public Service Staff Relations Act
- Date: 2001-06-11
- File: 181-2-460
- Citation: 2001 PSSRB 58
Before the Public Service Staff Relations Board
BETWEEN
PUBLIC SERVICE ALLIANCE OF CANADA
Bargaining Agent
and
TREASURY BOARD
Employer
| RE: | Designated Positions - Technical Services Group |
Before: Yvon Tarte, Chairperson
[1] In Public Service Alliance of Canada v. Treasury Board, 2001 PSSRB 40 (181–2-460), the Board designated positions in the Technical Services Group bargaining unit pursuant to subsection 78.1(6) of the Public Service Staff Relations Act (Act). Diskettes CHG.xls, CUR.xls, NEW.xls (the "old diskettes") contain the list of all of the positions which the parties agreed had safety or security duties as of that date.
[2] On June 8, 2001, the employer advised the Board, that the parties agreed to amend the list in the old diskettes. Enclosed with the employer's letter were Memoranda of Agreement, by which the parties agreed to amend the list in the old diskettes, together with a new diskette bearing identification Table 3–2 changes (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 an amendment to the old diskettes 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 diskettes 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 those positions. These 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 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 the positions that appear on the new diskette and that did not appear on the old diskettes.
[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 on or before June 15, 2001, as ordered by the Board in Public Service Alliance of Canada v. Treasury Board, 2001 PSSRB 40 § 7 (181-2-460), on the joint application of the parties. Thereafter, future occupants of those 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 P.S.S.R.B. Regulations and Rules of Procedure, 1993 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, June 11, 2001.