FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-09-13
- Files: 572-2-121 and 122
- Citation: 2005 PSLRB 141
Before the Public Service Labour Relations Board
BETWEEN
TREASURY BOARD
Applicant
and
PUBLIC SERVICE ALLIANCE OF cANADA
Respondent
Indexed as
Treasury Board 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 some positions are managerial or confidential positions
REASONS FOR DECISION
Before: Yvon Tarte, Chairperson
For the Applicant: Micheline Maisonneuve, Treasury Board
For the Respondent: Lisa Rossignol, Public Service Alliance of Canada
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 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 January 12, 2005, the employer notified the Board and the bargaining agent of the identification of some positions in the bargaining unit as managerial or confidential. Those positions are listed in the annex to this decision.
[4] 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. Also, pursuant to section 39 of the PSMA, the Board continues to be seized with these identifications, which must be disposed of in accordance with the new Act. Accordingly, 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] The bargaining agent had 20 days from the day on which it was notified of the identifications to file an objection with the Board. The bargaining agent filed objections to the employer’s identifications within that time limit. However, on August 24, 2005, the bargaining agent withdrew, in writing, its objections.
[6] Since no objections to the employer’s identifications remain on file, 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.
September 13, 2005.
Yvon Tarte,
Chairperson
 | Public Service Labour Relations Board Managerial or Confidential Positions Annex Files 572-02-121, 572-02-122, 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 |
| 572-02-121 | Immigration and Refugee Board | 2203 | PM-06 | Advisor to the Deputy Chairperson (RPD) | Ottawa | 59(1)(a) |
| 572-02-122 | Immigration and Refugee Board | 93 | AS-03 | Executive Assistant to the Deputy Chairperson (RPD) | Ottawa | 59(1)(a) |