FPSLREB Decisions

Decision Information

Canadian Food Inspection Agency v. Public Service Alliance of Canada

Collection FPSLREB Decisions
Decision Rendered 2005-08-24
Citation 2005 PSLRB 119
File Number 572-32-108
Before Yvon Tarte
Decision Type Labour Relations
Subject Terms Excluded position
Original Language English
Summary:

No summary has been written for this decision. Please refer to the full text.

Decision Content



Public Service 
Labour Relations Act

Coat of Arms - Armoiries
  • Date:  2005-08-24
  • File:  572-32-108
  • Citation:  2005 PSLRB 119

Before the Public Service
Labour Relations Board

BETWEEN

CANADIAN FOOD INSPECTION AGENCY

Applicant

and

PUBLIC SERVICE ALLIANCE OF CANADA

Respondent

Indexed as
Canadian Food Inspection 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: Yvon Tarte, Chairperson

For the Applicant: Stephen Black, Canadian Food Inspection Agency

(Decided without an oral hearing)

Application before the Board

[1]   This decision deals with an application by the Canadian Food Inspection 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 Canadian Food Inspection Agency v. Public Service Alliance of Canada et al., PSSRB File No. 140-32-14 (October 27, 1997), as amended by PSSRB File No. 125-32-90 (April 20, 1999) and further amended by PSSRB File No. 125-32-93 (December 22, 1999), 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 the employees of the employer other than those identified in paragraphs 2(a), (b) and (c) above.

Where 2(a), (b) and (c) set out:

(a)  
all the employees of the employer performing duties in positions which are or would be classified in the Agriculture (AG), Biological Sciences (BI) (which includes the former Scientific Regulation (SG) Group), Chemistry (CH), Commerce (CO), Computer Systems Administration (CS), Engineering and Land Survey (ELS), Purchasing and Supply (PG), Scientific Research (SE), and Economics, Sociology and Statistics (ES) Groups in the classification system of the Treasury Board.
(b)  
all the employees of the employer performing duties in positions which are or would be classified under the Agriculture (AG), Biological Sciences (BI) (which includes the former Scientific Regulation (SG) Group), Chemistry (CH), Commerce (CO), Engineering and Land Survey (ELS), Purchasing and Supply (PG), Scientific Research (SE) and Economics, Sociology and Statistics (ES) Groups in the classification system of the Treasury Board;
(c)  
all the employees of the employer performing duties in positions which are or would be classified in the Informatics (IN) (formerly the Computer Systems Administration (CS)) Group.

[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 July 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 July 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 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 24, 2005.

Yvon Tarte,
Chairperson

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