FPSLREB Decisions

Application before the Board

[1]   This decision deals with an application by the Treasury Board (the “employer”) for an order declaring that some positions are 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 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 7, 2005, the employer applied to the Board for an order declaring that some positions in the bargaining unit are managerial or confidential pursuant to section 71 of the new Act.  Those positions are listed in the annex to this decision.

[5]   On or about June 7, 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 positions listed in the annex to this decision to be managerial or confidential positions.

[8]   For all of the above reasons, the Board makes the following order:

Order

[9]   The positions identified in the annex to this decision are declared to be managerial or confidential positions.

August 26, 2005.

Yvon Tarte,
Chairperson

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Public Service Labour Relations Board Managerial or Confidential Positions Annex Files 572-02-67, 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
572-02-67	Treasury Board	5603	AS-08	Senior Analyst and Portfolio Manager	NCR	59(1)(d)
572-02-67	Treasury Board	5575	AS-08	Senior Analyst and Portfolio Manager	Ottawa	59(1)(d)
572-02-67	Treasury Board	5576	AS-08	Senior Analyst and Portfolio Manager	Ottawa	59(1)(d)
572-02-67	Treasury Board	5577	AS-08	Senior Analyst and Portfolio Manager	Ottawa	59(1)(d)
572-02-67	Office of the Chief Electoral Officer	CLO-20074	AS-06	Executive Assistant/Office Manager	NCR	59(1)(g)
572-02-67	Correctional Service of Canada	32500-30645	AS-06	Team Leader	Quebec Region	59(1)(e)
572-02-67	Department of Natural Resources	45027	AS-05	Office Manager, Office of the Assistant Deputy Minister (Energy Technology and Programs Sector)	NCR	59(1)(g)
572-02-67	Department of Natural Resources	44093	AS-05	Office Manager, Office of the Assistant Deputy Minister (Energy Policy Sector)	NCR	59(1)(g)
572-02-67	Department of Transport	POSEC00003	AS-04	Management Services Officer	NCR	59(1)(h)