FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2011-02-28
- File: 525-02-38 (XR : 572-02-2122, 572-02-P2)
- Citation: 2011 PSLRB 30
Before the Public Service
Labour Relations Board
BETWEEN
TREASURY BOARD
Employer
and
PUBLIC SERVICE ALLIANCE OF CANADA
Bargaining agent
Indexed as
Treasury Board v. Public Service Alliance of Canada
In the matter of a decision review under section 43 of the Public Service Labour Relations Act
REASONS FOR DECISION
Matter before the Board
1 On January 7, 2011, the employer, the Treasury Board, applied for an order declaring that positions in the Program and Administrative Services Group bargaining unit are managerial or confidential positions pursuant to section 71 of the Public Service Labour Relations Act. Positions 28000-39332, 25000-39747, 23100-40640, 24475, 28000-33489, 28000-33148 and 28000-26473 formed part of that application.
2 On February 2, 2011, the Public Service Labour Relations Board ("the Board") made an order in PSLRB File No. 572-02-2122 declaring that the positions identified in the annex to that order are managerial or confidential positions. Positions 28000-39332, 25000-39747, 23100-40640, 24475, 28000-33489, 28000-33148 and 28000-26473 were identified in that annex.
3 It was later discovered that, within the time limit set out in subsection 34(1) of the Public Service Labour Relations Board Regulations, the bargaining agent, the Public Service Alliance of Canada, had filed an objection to the exclusion of positions 28000-39332, 25000-39747, 23100-40640, 24475, 28000-33489, 28000-33148 and 28000-26473.
4 As an objection had been filed within the regulatory time limit in respect of the exclusion of positions 28000-39332, 25000-39747, 23100-40640, 24475, 28000-33489, 28000-33148 and 28000-26473, the Board, in its order of February 2, 2011, mistakenly declared those positions to be a managerial or confidential positions. Under these circumstances, the Board amends the annex to its order of February 2, 2011, to delete any reference to positions 28000-39332, 25000-39747, 23100-40640, 24475, 28000-33489, 28000-33148 and 28000-26473.
5 The objections in respect of the exclusion of positions 28000-39332, 25000-39747, 23100-40640, 24475, 28000-33489, 28000-33148 and 28000-26473 will be dealt with at a later date in accordance with the Board’s usual practice.
6 For all of the above reasons, the Board makes the following order:
Order
7 The annex to the February 2, 2011, order in PSLRB File No. 572-02-2112 is amended to delete any reference to positions 28000-39332, 25000-39747, 23100-40640, 24475, 28000-33489, 28000-33148 and 28000-26473.
February 28, 2011.
Casper M. Bloom, Q.C., Ad. E.,
Chairperson