FPSLREB Decisions
Decision Information
The Public Service Alliance of Canada (PSAC) applied for certification for a bargaining unit composed of all employees of the Staff of the Non-Public Funds, Canadian Forces (the employer), employed at Canadian Forces Base Suffield, Alberta, save those above the rank of supervisor - the application was pursuant to section 54 of the Public Service Labour Relations Act (PSLRA) - the employer did not object to the application but requested the exclusion of one position under paragraph 59(1)(h) of the PSLRA - the Board held that the PSAC was an "employee organization" as defined in section 2 of the PSLRA and that the proposed bargaining unit constituted a unit appropriate for collective bargaining - based on the number of membership cards submitted by the PSAC, the Board found that there was evidence that a majority of the employees in the proposed bargaining unit wished to have the PSAC as their bargaining agent - the issue of the managerial and confidential exclusion would not affect the outcome - the Board therefore certified the PSAC as the bargaining agent for the proposed bargaining unit. Application allowed.
Decision Content
Public Service
Labour Relations Act
- Date: 2006-12-12
- File: 542-18-04
- Citation: 2006 PSLRB 134
Before the Public Service Labour Relations Board
BETWEEN
PUBLIC SERVICE ALLIANCE OF CANADA
Applicant
and
STAFF OF THE NON-PUBLIC FUNDS, CANADIAN FORCES
Respondent
Indexed as
Public Service Alliance of Canada v. Staff of the Non-Public Funds, Canadian Forces
In the matter of an application for certification under section 54 of the Public Service Labour Relations Act
REASONS FOR DECISION
Before: Ian R. Mackenzie, Acting Chairperson
For the Applicant: Alain Piché
For the Respondent: Adrian Scales
Application before the Board
[1] This is an application for certification made by the Public Service Alliance of Canada (PSAC) for a bargaining unit composed of all employees of the Staff of the Non-Public Funds, Canadian Forces, employed at Canadian Forces Base Suffield, Alberta, save those above the rank of supervisor. The application is made pursuant to section 54 of the Public Service Labour Relations Act (PSLRA).
[2] The application was received by the Public Service Labour Relations Board (the "Board") on November 2, 2006. The Board's Executive Director fixed the closing date as November 27, 2006. With its initial application, the bargaining agent included 48 membership cards. On the closing date, the PSAC provided the Board with a further 10 membership cards, for a total of 58 applications. According to the application, there are 106 employees in the proposed bargaining unit.
[3] The employer was required to post 50 notices in the workplace, from November 10 until November 27, 2006.
[4] The employer filed a Reply to the Application on November 21, 2006, and did not object to the application for certification. By letter dated November 23, 2006, the employer requested the exclusion of one position under paragraph 59(1)(h) of the PSLRA (managerial and confidential exclusion).
[5] The Board finds that the applicant is an "employee organization" as defined in section 2 of the PSLRA.
[6] The Board finds that all employees of the Staff of the Non-Public Funds, Canadian Forces, employed at the Canadian Forces Base Suffield, Alberta, save those above the rank of supervisor, constitute a unit appropriate for collective bargaining.
[7] The Board must certify an applicant employee organization where it is satisfied that a majority of employees in the bargaining unit wish that the applicant represent them as their bargaining agent (section 64 of the PSLRA). Based on the number of submitted membership cards, the Board is satisfied that there is evidence that a majority of the employees in the proposed bargaining unit wish to have the PSAC as their bargaining agent as of the date of the application. The outstanding issue of the managerial and confidential exclusion will not affect the outcome, as there is only one position at issue. The exclusion application will either be resolved by the parties or the subject of a determination by the Board at a later date.
[8] Accordingly, the Board hereby certifies the applicant as bargaining agent for the bargaining unit described in paragraph 6, above, and a certificate will be issued.
[9] For all of the above reasons, the Board makes the following order:
Order
[10] The applicant is certified as the bargaining agent for all employees of the Staff of the Non-Public Funds, Canadian Forces, employed at Canadian Forces Base Suffield, Alberta, save those above the rank of supervisor.
December 12, 2006.
Ian R. Mackenzie,
Acting Chairperson