FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-07-27
- File: 572-2-14
- Citation: 2005 PSLRB 74
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 a position is a managerial or confidential position
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 a position that has 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 March 21, 2005, the employer notified the Board and the bargaining agent of the identification of a position in the bargaining unit as managerial or confidential. That position is 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 this identification, 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 identification to file an objection with the Board. The bargaining agent has filed an objection to the employer’s identification within that time limit. However, on May 16, 2005, the bargaining agent withdrew its objection.
[6] Since no objections to the employer’s identification remain on file, 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.
[7] For all of the above reasons, the Board makes the following order:
Order
[8] The position identified in the annex to this decision is declared to be a managerial or confidential position.
July 27, 2005.
Yvon Tarte,
Chairperson
 | Public Service Labour Relations Board Managerial or Confidential Positions Annex Files 572-02-14, 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 |
| 572-02-14 | Department of Human Resources and Skills Development | 12830 | AS-02 | Executive Assistant to the Director, Human Development and Programs Services | Dartmouth | 59(1)(g) |