FPSLREB Decisions
Decision Information
No summary has been written for this decision. Please refer to the full text.
Decision Content
Public Service
Labour Relations Act
- Date: 2005-08-12
- File: 572-34-73
- Citation: 2005 PSLRB 100
Before the Public Service
Labour Relations Board
BETWEEN
CANADA CUSTOMS AND REVENUE AGENCY
Applicant
and
PUBLIC SERVICE ALLIANCE OF CANADA
Respondent
Indexed as
Canada Customs and Revenue Agency 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: Nathalie Sawyer, Canada Customs and Revenue Agency
Application before the Board
[1] This decision deals with an application by the Canada Customs and Revenue Agency (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 Canada Customs and Revenue Agency et al., 2001 PSSRB 127, the Board certified the Public Service Alliance of Canada (the “bargaining agent”) as the bargaining agent for the following bargaining unit (the “bargaining unit”):
All employees who are primarily involved in the planning, development, assistance or delivery of CCRA policies, programs, services or other activities directed to the public or the CCRA .
[3] On April 1, 2005, the new Act, enacted by section 2 of the Public Service Modernization Act (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 8, 2005, the employer applied to the Board for an order declaring that a position in the bargaining unit is managerial or confidential pursuant to section 71 of the new Act. That position is listed in the annex to this decision.
[5] On or about June 8, 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 12, 2005.
Ian R. Mackenzie,
Vice-Chairperson
 | Public Service Labour Relations Board Managerial or Confidential Positions Annex Files 572-34-73, 572-34-P1 Program Delivery and Administrative Services Group |
| PSLRB Reference No. | Department or Agency | Position Number | Classification | Position Title and Description | Geographic Location | Grounds for Exclusion |
| 572-34-73 | CanadaRevenue Agency | 30153960 | MG - 04 | Manager, Client Services | Calgary | 59(1)(e) |