FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-08-16
- File: 572-2-75
- Citation: 2005 PSLRB 102
Before the Public Service
Labour Relations Board
BETWEEN
TREASURY BOARD
Applicant
and
PUBLIC SERVICE ALLIANCE OF CANADA
Respondent
Indexed as
Treasury Board v. Public Service Alliance of Canada
In the matter of an application, under subsection 71(1) the Public Service Labour Relations Act, for a declaration that a position is a managerial or confidential position
REASONS FOR DECISION
Before: Ian R. Mackenzie, Vice-Chairperson
For the Applicant: Micheline Maisonneuve, Treasury Board
Application before the Board
[1] This decision deals with an application by the Treasury Board (the “employer”) for an order declaring that a position is managerial or confidential pursuant to section 71 of Public Service Labour Relations Act (the “new Act”).
[2] In Public Service Alliance of Canada v. Treasury Board, PSSRB File No. 142-2-337 (June 7, 1999), the Board confirmed the Public Service Alliance of Canada (the “bargaining agent”) as the bargaining agent for the following bargaining unit (the “bargaining unit”):
All employees of the Employer in the Program and Administrative Services Group as defined in Part I of the Canada Gazette of March 27, 1999.
[3] On March 31, 2005, the Public Service Staff Relations Act(PSSRA) was repealed pursuant to an Order in Council, dated March 22, 2005 (P.C. 2005-372) made under section 285 of the Public Service Modernization Act (PSMA). On April 1, 2005, the new Act, enacted by section 2 of the PSMA, S.C. 2003, c. 22, was proclaimed in force. Pursuant to subsection 48(1) of the PSMA, the bargaining agent continues to be certified as the bargaining agent for the bargaining unit.
[4] On June 13, 2005, the employer applied to the Board for an order declaring that a position in the bargaining unit is managerial or confidential pursuant to paragraph 5.1(1)(d) of the PSSRA. In light of the repeal of the PSSRA, as stated above, this application will be dealt with under section 71 of the new Act on the grounds listed in paragraph 59(1)(g) of the new Act. The position referred to in the employer’s application is listed in the annex to this decision.
[5] On or about June 13, 2005, the employer provided the bargaining agent with a copy of the application, pursuant to section 72 of the new Act.
[6] Under subsection 34(1) of the Public Service Labour Relations Board Regulations, the bargaining agent had 20 days from the receipt of a copy of the application to file an objection with the Board. More than 20 days have elapsed, without the bargaining agent having filed any objection to the application.
[7] Since no objections to the employer’s application have been filed, the Board must make, pursuant to section 75 of the new Act, an order declaring the position listed in the annex to this decision to be a managerial or confidential position.
[8] For all of the above reasons, the Board makes the following order:
Order
[9] The position identified in the annex to this decision is declared to be a managerial or confidential position.
August 16, 2005.
Ian R. Mackenzie,
Vice-Chairperson
 | Public Service Labour Relations Board Managerial or Confidential Positions Annex Files 572-02-75, 572-02-P2 Program and Administrative Services Group |
| PSLRB Reference No. | Department or Agency | Position Number | Classification | Position Title and Description | Geographic Location | Grounds for Exclusion |
| 572-02-75 | Department of Human Resources and Skills Development | 15213 | AS-04 | Lead Executive Assistant | Fredericton | 59(1)(g) |