FPSLREB Decisions

Decision Information

Treasury Board v. Professional Institute of the Public Service of Canada

Collection FPSLREB Decisions
Decision Rendered 2005-07-27
Citation 2005 PSLRB 77
File Number 572-2-17
Before Yvon Tarte
Decision Type Labour Relations
Subject Terms Excluded position
Original Language English
Summary:

No summary has been written for this decision. Please refer to the full text.

Decision Content



Public Service 
Labour Relations Act

Coat of Arms - Armoiries
  • Date:  2005-07-27
  • File:  572-2-17
  • Citation:  2005 PSLRB 77

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

(Decided without an oral hearing)

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 Professional Institute of the Public Service of Canada v. Treasury Board, PSSRB File No. 142-2-344 (June 1, 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 Computer Systems 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.  More than 20 days have elapsed, without the bargaining agent having filed any objection to the employer’s identification.

[6]   Since no objections to the employer’s identification 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.

[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

PSLRB Icon Public Service Labour Relations Board
Managerial or Confidential Positions
Annex
Files 572-02-17, 572-02-C1
Computer Systems Group

PSLRB Reference No. Department or Agency Position Number Classification Position Title and Description Geographic Location Grounds for Exclusion
572-02-17 Department of Health ICCI-24 CS-03 Manager, Information Technology Operations Vancouver 59(1)(e)
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