FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-08-03
- File: 572-34-12
- Citation: 2005 PSLRB 84
Before the Public Service Labour Relations Board
BETWEEN
CANADA CUSTOMS AND REVENUE AGENCY
Applicant
and
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Respondent
Indexed as
Canada Customs and Revenue Agency 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 positions are managerial or confidential positions
REASONS FOR DECISION
Before: Ian R. Mackenzie, Vice-Chairperson
For the Applicant: Nathalie Sawyer, Canada Customs and Revenue Agency
Application before the Board
[1] This decision deals with positions that have been identified as managerial or confidential by the Canada Customs and Revenue Agency (the “employer”) pursuant to section 5.2 of the Public Service Staff Relations Act (the “former Act”).
[2] In Canada Customs and Revenue Agency et al., 2001 PSSRB 127, the Board certified the Professional Institute of the Public Service of Canada (the “bargaining agent”) as the bargaining agent for the Audit, Financial and Scientific Group bargaining unit (the “bargaining unit”), which description was later amended to read as follows (see Canada Customs and Revenue Agency and Professional Institute of the Public Service of Canada, 2005 PSLRB 79):
The second unit is the Audit, Financial and Scientific Group comprising all employees who are primarily engaged in the application of a comprehensive body of knowledge in such specialized areas as accounting, auditing, economics, statistics, financial management, commerce, actuarial sciences, chemistry, engineering, education, library science, social sciences, computer sciences and physical sciences. . . . To be more specific, it includes the employees who were in occupational groups in the central administration prior to the gazetting of the above groups in March 1999 in the following abbreviated groups: AU, CO, AC, EN, CH, PS, SE, FI, ES, SI, LS, ED and CS.
[3] On March 23, 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. More than 20 days have elapsed, without the bargaining agent having filed any objection to the employer’s identifications.
[6] Since no objections to the employer’s identifications 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 3, 2005.
Ian R. Mackenzie,
Vice-Chairperson
Public Service Labour Relations Board Managerial or Confidential Positions Annex Files 572-34-12, 572-34-A1 Audit, Financial and Scientific Group |
PSLRB Reference No. | Department or Agency | Position Number | Classification | Position Title and Description | Geographic Location | Grounds for Exclusion |
572-34-12 | Canada Revenue Agency | CAS 30151757 | MG - 06 | Assistant Director, Emerging Telephony | National Capital Region | 59(1)(e) |
572-34-12 | CanadaRevenue Agency | CAS30151764 | MG - 06 | AssistantDirector, Toll - Free Networks | National Capital Region | 59(1)(e) |
572-34-12 | CanadaRevenue Agency | CAS30151756 | MG - 06 | AssistantDirector, Corporate Telephony | NationalCapital Region | 59(1)(e) |