FPSLREB Decisions

REASONS FOR DECISION

Request before the Board

1        In Public Service Alliance of Canada v. Treasury Board,PSSRB File No. 142-02-337 (19990607), the Public Service Staff Relations Board (“the PSSRB”) confirmed the Public Service Alliance of Canada (“the respondent”) as the bargaining agent for the Program and Administrative Services Group bargaining unit (“the bargaining unit”).

2        On April 1, 2005, the Public Service Labour Relations Act (S.C. 2003, c. 22, s. 2) was proclaimed into force (SI/2005-22 to 24), creating the Public Service Labour Relations Board (“the PSLRB”) to replace the PSSRB. On the same day, the consequential and transitional amendments contained in sections 36 to 66 of the Public Service Modernization Act (S.C. 2003, c. 22) also came into force (SI/2014-24). Pursuant to section 47 of the Public Service Modernization Act, a decision made by the PSSRB is deemed to have been made by the PSLRB. Further, subsection 48(1) of the Public Service Modernization Act specifically continued the respondent as the bargaining agent for the bargaining unit.

3        On November 1, 2014, the Public Service Labour Relations and Employment Board Act (S.C. 2013, c. 40, s. 365) was proclaimed into force (SI/2014-84), creating the Public Service Labour Relations and Employment Board (“the new Board”) to replace the PSLRB as well as the former Public Service Staffing Tribunal. On the same day, the consequential and transitional amendments contained in sections 366 to 466 of the Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40) also came into force (SI/2014-84). Pursuant to section 402 of the Economic Action Plan 2013 Act, No. 2, a decision made by the PSLRB is deemed to have been made by the new Board.

4        On March 30, 2016, the new Board made an order inFile Nos. 572-02-3560 and572-02-P2 declaring that the positions in the Program and Administrative Services Group identified in the annex to that order are managerial or confidential positions. Position 6058 was identified in that annex.

5        On April 14, 2016, the Treasury Board (“the applicant”) filed an application under section 43 of the Public Service Labour Relations Act for the new Board to review its March 30, 2016, order inFile Nos. 572-02-3560 and572-02-P2. The applicant alleged that some of the information that the applicant had provided in support of the original application that led to that order was in error. The applicant requested that the position number of position 6058, declared managerial or confidential in the order, be deleted and replaced with position number 6850.

6        On April 27, 2016, the respondent consented to the amendment requested by the applicant.

7        Under these circumstances, the Board grants the applicant’s request.

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

Order

9        The annex to the March 30, 2016, order inFile Nos. 572-02-3560 and572-02-P2 is amended by deleting position number 6058 and replacing it with position number 6850.

June 21, 2016.