FPSLREB Decisions

Request before the Board

1 On July 11, 2007, the Public Service Labour Relations Board (''the Board'') received a joint application from the Treasury Board (''the employer'') and the Association of Justice Counsel (AJC) under section 43 of the Public Service Labour Relations Act (PSLRA) to review the Board's order and decision in 2006 PSLRB 45 and to amend the LA Group certificate that was issued in conjunction with that decision.

2 The application specifically requests that the Board exercise its authority under section 43 of the PSLRA to amend its April 28, 2006, decision so that it describes the bargaining unit as being composed of ''all employees'' of the employer in the LA Group as defined in Part I of the Canada Gazette of March 27, 1999, who are not excluded from collective bargaining by law or determination of the Board.

Summary of the evidence

3 In 2006 PSLRB 45, the Board described the bargaining unit as follows:

…

The Board hereby orders that an appropriate bargaining unit in these cases be composed of all lawyers in the LA group for which the Treasury Board is the employer who are not excluded from collective bargaining by law or determination of the Board.

…

4 When the Board determined that the AJC was the bargaining agent, it issued a certificate that read as follows:

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[T]he LA Group bargaining unit comprising all lawyers in the LA group for which Treasury Board is the employer who are not excluded from collective bargaining by law or determination of the Board.

…

Summary of the arguments

5 Both parties agree that some employees in the LA Group are not lawyers, most notably articling students and notaries. The parties both wish to include all employees in the LA Group and do not wish to restrict membership in the LA Group to only lawyers. Section 43 of the PSLRA reads as follows:

43. (1) Subject to subsection (2), the Board may review, rescind or amend any of its orders or decisions, or may re-hear any application before making an order in respect of the application.

(2) A right that is acquired by virtue of an order or a decision that is reviewed, rescinded or amended by the Board may not be altered or extinguished with effect from a day that is earlier than the day on which the review, rescission or amendment is made.

Reasons

6 At no time during the initial certification proceedings was the Board advised by any of the parties that there were employees other than lawyers that were to be included within the proposed bargaining unit. The Board based its decision on that premise.

7 It was only after the parties contacted the Board after the issuance of 2006 PSLRB 45 and, through a joint application, made clear their intentions to include all employees and not just lawyers in the bargaining unit, that the Board was apprised of this nuance.

8 In reviewing the evidence adduced at the initial certification proceedings, the initial applications for certification, the AJC's membership evidence and the present joint application to include articling students and notaries, I find that an appropriate bargaining unit will include all employees in the LA Group.

9 For all of the above reasons, the Board makes the following order:

Order

10 The Board hereby orders that an appropriate bargaining unit be composed of all employees in the LA Group as defined in Part I of the Canada Gazette of March 27, 1999, for which the Treasury Board is the employer who are not excluded from collective bargaining by law or determination of the Board.

11 The Board hereby certifies the Association of Justice Counsel as the bargaining agent for the bargaining unit described in the preceding paragraph.

12 A certificate naming the Association of Justice Counsel as the bargaining agent for the bargaining unit described above will be issued in due course.

August 14, 2007.

D.R. Quigley,
Board Member