FPSLREB Decisions

Request before the Board

1 In Canada Customs and Revenue Agency et al., 2001 PSSRB 127, the Public Service Alliance of Canada (PSAC) was certified under the Public Service Staff Relations Act, R.S.C., 1985, c. P-35, as the bargaining agent for the Program Delivery and Administrative Services Group bargaining unit (“the bargaining unit”), which was described as follows:

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[543] …the Program Delivery and Administrative Services group comprising all employees who are primarily involved in the planning, development, assistance or delivery of [Canada Customs and Revenue Agency] policies, programs, services or other activities directed to the public or the [Canada Customs and Revenue Agency]. Previously the employees in this occupational group were classified in the central administration in the Program and Administrative Services group; the Technical Services group, the Operational Services group, the Electronics group, the Non-Supervisory Printing Services group and the Purchasing group, as a portion of the Audit, Commerce and Purchasing group. 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: AS, IS, OM, ,PM, DA, CR, OE, ST, DD, EG, GT, GS, GL, EL, PR and PG.

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2 Since then, the positions of some employees in the bargaining unit have been converted to the Management Group occupational group, classified at the MG-SPS group and subgroup, and they remained in the bargaining unit.

3 Further, the employer of the employees in the bargaining unit, the Canada Customs and Revenue Agency (CCRA), became the Canada Revenue Agency (CRA) on December 12, 2005.

4 On January 8, 2009, the PSAC and the CRA (“the parties”) filed a joint application with the Public Service Labour Relations Board (“the Board”) under section 43 of the Public Service Labour Relations Act, enacted by section 2 of the Public Service Modernization Act, S.C. 2003, c. 22, to modify the description of the bargaining unit.

5 On January 20, 2009, the Board provided a copy of the joint application to the Professional Institute of the Public Service of Canada (PIPSC), which is the only other bargaining agent of CRA employees. On February 5, 2009, the PIPSC advised the Board that it would make no representations in this matter.

Summary of the arguments

6 On December 12, 2005, the Canada Border Services Agency Act, S.C. 2005, c. 38, came into force and provided for the transfer of some of the CCRA’s responsibilities and employees to the newly created Canada Border Services Agency. It also provided for the continuation of its remaining responsibilities by the CCRA, which was renamed the CRA. As a result, the remaining employees of the CCRA became employees of the CRA as of that date.

7 Further, on December 3, 2007, the parties signed a new collective agreement for the bargaining unit. In that agreement, the parties convened that the non-MG-SPS positions held by employees in the bargaining unit would be converted to a new Services and Programs Group occupational group.

8 Therefore, the parties are asking the Board to amend the description of the bargaining unit to reflect that the CRA is the employer of the employees in the bargaining unit and to reflect the creation of the new Services and Programs Group occupational group. In support of their joint application, the parties have provided the Board with their proposal for the description of the bargaining unit.

Reasons

9 This application seeks to update the description of the bargaining unit to reflect the changes made to the name and organization of the CRA. This application does not imply any change to the composition of the bargaining unit, as is suggested by the PIPSC’s decision not to make any representations in this matter.

10 In 2001 PSSRB 127, the group of employees holding positions in the Program Delivery and Administrative Services Group occupational group were determined to constitute a unit appropriate for collective bargaining. There is nothing before the Board that would lead it to conclude that the situation has changed. Indeed, the bargaining unit now has eight years of existence, which have confirmed its appropriateness and viability.

11 Consequently, in the absence of any objection from the PIPSC, the Board finds no reason to deny the parties’ joint application to amend the description of the bargaining unit to reflect the changes made to the name and organization of the CRA.

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

Order

13 The name of the employer of the employees in the bargaining unit is replaced to read “Canada Revenue Agency”.

14 The definition of the bargaining unit is modified to read as follows:

All employees of the employer in the Program Delivery and Administrative Services Group, comprised of all employees classified in the Services and Programs Group occupational group and all employees classified as MG-SPS in the Management Group occupational group.

15 A new certificate will be issued.

February 27, 2009.

Renaud Paquet,
Board Member