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: 2005-09-21
- File: 572-2-125
- Citation: 2005 PSLRB 145
Before the Public Service Labour Relations Board
BETWEEN
TREASURY BOARD
Applicant
and
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Respondent
Indexed as
Treasury Board v. Professional Institute of the Public Service 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: Sylvie Matteau, 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 the Public Service Labour Relations Act (the “new Act”).
[2] In Professional Institute of the Public Service of Canada v. Treasury Board, PSSRB File No. 142–2–343 (June 16, 1999), the Board confirmed the Professional Institute of the Public Service of Canada (the “bargaining agent”) as the bargaining agent for the following bargaining unit (the “bargaining unit”):
All employees of the Employer in the Audit, Commerce and Purchasing 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 August 18, 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 August 18, 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.
September 21, 2005.
Sylvie Matteau,
Vice–Chairperson
 | Public Service Labour Relations Board Managerial or Confidential Positions Annex Files 572-02-125, 572-02-A4 Audit, Commerce and Purchasing Group |
| PSLRB Reference No. | Department or Agency | Position Number | Classification | Position Title and Description | Geographic Location | Grounds for Exclusion |
| 572-02-125 | Department of Transport | EX-07445 | PG-05 | Senior Manager, Material and Contracting Operations | Ottawa | 59(1)(e) |