FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-06-13
- File: 572-2-02
- Citation: 2005 PSLRB 52
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: Yvon Tarte, 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 Public Service Labour Relations Act (the “new Act”).
[2] In Professional Institute of the Public Service of Canada v. Treasury Board, PSSRB File No. 142-2-342 (June 3, 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 Applied Science and Engineering 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 April 13, 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 April 13, 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.
June 13, 2005.
Yvon Tarte,
Chairperson
 | Public Service Labour Relations Board Commission des relations de travail dans la fonction publique Managerial or Confidential Positions Postes de direction ou de confiance Annex - Annexe Files - Dossiers 572-02-02, 572-02-A5 |
| PSLRB Reference No. No de référence CRTFP | Department or Agency Ministère ou organisme | Position Number Numéro de poste | Classification | Position Title and Description Titre du poste et description | Geographic Location Lieu d'occupation | Grounds for Exclusion Motifs d'exclusion |
| 572-02-02 | Department of the Environment - Ministère de l'Environnement | 2350-00066 | PC-05 | Manager, Environmental Policy And Assessment - Gestionnaire, Politiques et évaluations environnementales | Downsview | 59(1)(e) |