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: 2005-08-25
- File: 572-02-72
- Citation: 2005 PSLRB 121
Before the Public Service Labour Relations Board
BETWEEN
TREASURY BOARD
Applicant
and
CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES
Respondent
Indexed as
Treasury Board v. Canadian Association of Professional Employees
In the matter of an application, under subsection 71(1) of the Public Service Labour Relations Act, for a declaration that some positions are managerial or confidential positions
REASONS FOR DECISION
Before: Yvon Tarte, Chairperson
For the Applicant: Micheline Maisonneuve, Treasury Board
For the Respondent: Jean Ouellette, Canadian Association of Professional Employees
Application before the Board
[1] This decision deals with positions that have been identified as managerial or confidential by the Treasury Board (the “employer”) pursuant to section 5.2 of the Public Service Staff Relations Act (the “former Act”).
[2] In Canadian Union of Professional and Technical Employees
and the Social Science Employees Association v. Treasury Board, 2003 PSSRB 91, the Board certified the Canadian Association of Professional Employees (the “bargaining agent”) as the bargaining agent for the following bargaining unit (the “bargaining unit”):
All employees of the Employer in the Economics and Social Sciences Services Group as defined in Part I of the Canada Gazette of March 27, 1999.
[3] On April 1, 2005, the Public Service Labour Relations Act (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 notified the Board and the bargaining agent of the identification of some positions in the bargaining unit as managerial or confidential pursuant to the former Act. Those positions are listed in the annex to this decision. This matter will be dealt with as if it were an application under section 71 of the new Act, on the grounds listed in the annex to this decision.
[5] 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.
[6] 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.
[7] For all of the above reasons, the Board makes the following order:
Order
[8] The positions identified in the annex to this decision are declared to be managerial or confidential positions.
August 25, 2005.
Yvon Tarte,
Chairperson
P.S.L.R.B. Translation
 | Public Service Labour Relations Board Managerial or Confidential Positions Annex Files 572-02-72, 572-02-E1 Economics and Social Science Services Group |
| PSLRB Reference No. | Department or Agency | Position Number | Classification | Position Title and Description | Geographic Location | Grounds for Exclusion |
| 572-02-72 | Department of Human Resources and Skills Development | CSD-30468 | ES-06 | Chief, Economist and Researcher Network, Montreal Metro | Montreal | 59(1)(e) |
| 572-02-72 | Department of Human Resources and Skills Development | CSD-30469 | ES-06 | Chief, Economist and researcher network, Province Section | Montreal | 59(1)(e) |