FPSLREB Decisions

REASONS FOR DECISION

I. Application before the Board

1                  The Professional Institute of the Public Service of Canada (“the Institute”) filed an application for the determination of questions of membership in a bargaining unit under s. 58 of the Public Service Labour Relations Act (S.C. 2003, c. 22, s. 2; “the PSLRA”) on May 1, 2017. 

2                  On June 19, 2017, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures (S.C. 2017, c. 9) received Royal Assent, changing the name of the Public Service Labour Relations and Employment Board and the titles of the Public Service Labour Relations and Employment Board Act and the PSLRA to, respectively, the Federal Public Sector Labour Relations and Employment Board (“the Board”), the Federal Public Sector Labour Relations and Employment Board Act, and the Federal Public Sector Labour Relations Act (“the Act”).

3                  The application filed by the Institute covered employees, other than those appointed to rank or reservists, employed by the Royal Canadian Mounted Police (RCMP) and occupying positions in the Electronics Engineer and Architecture (SPS-EE, EGR) RCMP sub-group of the Special Services occupational group. As the RCMP is listed in Schedule IV to the Financial Administration Act (R.S.C., 1985, c. F-11), the Treasury Board is the employer within the meaning of the Act. These employees are currently unrepresented. Historically, they were excluded from collective bargaining; however, as a result of the Supreme Court of Canada’s decision in Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1, and as reflected in recent changes to the definition of “employee” in the Act, this group of employees has the right to collectively bargain.

4                  The matter was heard by way of written submissions filed by the parties.

II. Background

5                  The Institute is the certified bargaining agent for the bargaining unit composed of all employees of the employer in the Architecture, Engineering and Land Survey (NR) Group as defined in Part I of the Canada Gazette of August 13, 2005(“the bargaining unit”). The Institute requests an order that all employees who occupy positions in the SPS-EE, EGR sub-group of the Special Services occupational group at the RCMP be included in the bargaining unit.

6                  The Institute submitted that the employees covered by the application fall within the bargaining unit for the following reasons:

…

17. The Electronics Engineer (SP-EE/ENG) [sic]subgroup of the Special Services (SPS) Occupational Group has historically been matched to the Architecture, Engineering and Land Survey (NR) Group, as defined in Part I of the Canada Gazette of August 13, 2005, where the Professional Institute of the Public Service of Canada is the recognized bargaining agent pursuant to the certificate issued on October 12, 2005.…
18. As part of its COE, the RCMP did define, in or around August 27, 2010, employees performing duties in the Electronics Engineer (SP-EE/EGR) subgroup as those “involved in the planning, design, construction or maintenance of systems, structures or equipment, such as telecommunications; the development or modification of physical systems or equipment for use in special purpose computer systems applications requiring a comprehensive knowledge of engineering, and/or the supervision/leadership of these activities. i.e. Mobile Communications Engineer; Security Systems mechanical Engineers; Radio Systems Project Managers.”
19. The Treasury Board has applied the following definition to the Architecture, Engineering and Land Survey (NR) Group, effective August 13, 2005.
    • “The Architecture, Engineering and Land Survey Group comprises positions that are primarily involved in the application of comprehensive scientific and professional knowledge to a program involving one of the following: architecture, landscape architecture, urban and rural planning, engineering and land surveying.”
20. Notwithstanding the generality of the foregoing, for greater certainty, employees performing duties in Electronics Engineer (SP-EE/ENG) Group meet Treasury Board’s inclusion definition of the Architecture, Engineering and Land Survey (NR) Group as they are performing duties that have, as their primary purpose, responsibility for one or more of the following activities:
    1. the conceptual and detailed planning of buildings and related works, the planning and design of outdoor environments for human use, the development of codes and standards, and the management and monitoring of construction projects;
    2. the planning, design, construction or maintenance of physical or chemical processes, systems, structures or equipment; and the development or application of engineering standards or procedures including:
       1. the planning, design, construction or maintenance of buildings, equipment, structures or systems such as transportation, telecommunications, utilities or water use projects;
       2. the planning or conduct of environmental engineering services such as heating and air conditioning, or lighting;
       3. the planning or conduct of engineering works or studies concerned with the control of such matters as radio wave frequency usage, product quality, industrial safety or electrical utilities;
       4. the planning or conduct of engineering works or studies concerned with environmental problems related to air, water or land resources, where a comprehensive knowledge or engineering is the prime requirement;
       5. the planning or conduct of site exploration, development or engineering works control surveys;
       6. the conduct of cost-benefit or feasibility studies; and
       7. the development or modification of physical systems or equipment for use in special purpose computer systems applications where a comprehensive knowledge of engineering is the prime requirement;
    3. the analysis or development of land survey, mapping or charting systems; the theory and development of remote sensing technologies; satellite and space-based technology data acquisition systems; and the acquisition, management, transformation, dissemination and application of geospatial data in post processing and real-time; the planning, conduct or evaluation of control, digital mapping or charting systems; and the planning or conduct of legal surveys of real property;
    4. iv.the planning and conduct of studies, the evaluation and interpretation of information and scientific research papers, reports, contracts or agreements, and the provision of advice in the above programs;
    5. the planning, co-ordination and management of technology transfer in any of the above activities; and
    6. the leadership of any of the above activities.
21. Positions included in the Architecture, Engineering and Land Survey (NR) Group may also be engaged, in part, in research in one of the programs involving the following: architecture, engineering and land surveying.

…

[Emphasis in the original]

7                  By letter dated June 19, 2017, the employer indicated that it did not oppose this application.

III. Reasons for decision

8                  Section 58 of the Act provides as follows:

58 On application by the employer or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board to constitute a unit appropriate for collective bargaining, or is included in any other unit.

9                  In this instance, the Board must look at the primary duties of the employees who occupy positions in the SPS-EE, EGR RCMP occupational sub-group and determine whether they are included in the bargaining unit. Having reviewed the documentation presented by the Institute, including the relevant definitions, and considering there is no dispute between the parties, I find that the primary duties of these employees come within the definition of the bargaining unit.

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

IV. Order

11        The application is allowed.

12        The Board declares that all employees who occupy positions in the SPS-EE, EGR RCMP occupational sub-group, other than those appointed to rank or reservists, are included in the bargaining unit composed of all employees of the employer in the Architecture, Engineering and Land Survey (NR) Group as defined in Part I of the Canada Gazette of August 13, 2005.

April 13, 2018.