FPSLREB Decisions

Decision Information

National Research Council of Canada v. Professional Institute of the Public Service of Canada

Collection FPSLREB Decisions
Decision Rendered 2010-04-06
Citation 2010 PSLRB 51
File Number 525-09-30
Before Renaud Paquet
Decision Type Labour Relations
Subject Terms Excluded position
Original Language French
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:  2010-04-06
  • File:  525-09-30
  • Citation:  2010 PSLRB 51

Before the Public Service
Labour Relations Board

BETWEEN

NATIONAL RESEARCH COUNCIL OF CANADA

Applicant

and

PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

Respondent

Indexed as
National Research Council of Canada v. Professional Institute of the Public Service of Canada

In the matter of a request for the Board to exercise any of its powers under section 43 of the Public Service Labour Relations Act

REASONS FOR DECISION

Before:
Renaud Paquet, Board Member

For the Applicant:
Meredith Marchand, National Research Council of Canada

For the Respondent:
Michael Urminsky, Professional Institute of the Public Service of Canada

Decided on the basis of written submissions
filed February 19, March 3 and 31, 2010.

Request before the Board

1  On April 25, 2008, pursuant to section 71 of the Public Service Labour Relations Act(“the Act”), the National Research Council of Canada (“the applicant”) applied for the exclusion of two managerial and confidential positions within the Scientific and Professional Category bargaining unit. The Professional Institute of the Public Service of Canada (“the respondent”) is the bargaining agent for that unit. It did not file an objection to the application. On August 25, 2008, the Public Service Labour Relations Board (“the Board”) ordered in PSLRB File Nos. 572-09-1178 and 572-09-R1 that positions 50016522 and 50050984, as identified in the annex to the order, were managerial or confidential positions on the ground set out in paragraph 59(1)(b) of the Act.

2 On February 19, 2010, the applicant filed an application with the Board under section 43 of the Act, requesting that the Board review its August 25, 2008 order. The applicant stated that the order did not refer to the correct ground for excluding the positions. The August 25, 2008 order should have referred to paragraph 59(1)(h) of the Act, not to paragraph 59(1)(b). On March 3, 2010, the respondent notified the Board that it did not object to the application.

3 Under those circumstances, the Board grants the applicant’s request.

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

Order

5 The annex to the August 25, 2008, order in PSLRB File Nos. 572-09-1178 and 572-09-R1 is amended as specified in the annex to this decision.

April 6, 2010.

Renaud Paquet,
Board Member

PSLRB Icon Public Service Labour Relations Board
Managerial or Confidential Positions
Annex
Files 572-09-1178, 572-09-R1

PSLRB Reference No. Department or Agency Position Number Classification Position Title and Description Geographic Location Grounds for Exclusion
572-09-1178 National Research Council of Canada 50016522 ACR Group Leader, Design Ottawa 59(1)(h)
572-09-1178 National Research Council of Canada 50050984 ACR Planning and Performance Manager Ottawa 59(1)(h)
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