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 Research Scientist (SPS-RS) 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 Research (RE) Group as defined in Part I of the Canada Gazette of March 27, 1999(“the bargaining unit”). The Institute requests an order that all employees who occupy positions in the SPS-RS 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 Research Scientist (SPS-RS) subgroup of the Special Services (SPS) Occupational Group has historically been matched to the Research (RE) Group, as defined in Part I of the Canada Gazette of March 27, 1999, where the Professional Institute of the Public Service of Canada is the recognized bargaining agent pursuant to the certificate issued on June 1, 1999....
18. As part of its COE, the RCMP did define, in or around August 27, 2010, employees performing duties in the Research Scientist (SPS-RS) subgroup as those “involved in the management of organizations conducting programs of research, knowledge enhancement, technology development and innovation in the natural sciences, and the provision of scientific advice on the direction, conduct and management of these programs; providing advice on the research programs; and supervising/leadership of any of the above activities, i.e. Forensic Research Chemists; Forensic Research Biologist DNA; and National Services & Research, OIC.”
19. The Treasury Board has applied the following definition to the Research (RE) Group, effective March 18, 1999:
    “The Research Group comprises positions that are primarily involved in the application of comprehensive scientific and professional knowledge to the planning, conduct, evaluation and management of fundamental research, knowledge enhancement, technology development and innovation relevant to defence science, historical research and archival science, mathematics and the natural sciences.”


20. Notwithstanding the generality of the foregoing, for greater certainty, employees performing duties in Research Scientist (SPS-RS) Group meet Treasury Board’s inclusion definition of the Research (RE) Group as they are performing duties that have, as their primary purpose, responsibility for one or more of the following activities:
    
    
    1. the planning, conduct, and evaluation of research and development and directly related programs designed to advance defence science and technology;
    2. the development of new and improved military equipment, systems and operational capabilities;
    3. the provision of analysis, advice and information related to national, international, strategic and military matters affecting the security of Canada;
    4. the conduct of research and related programs in history, history of art, archival science, anthropology or archaeology designed to promote and disseminate knowledge of the history and culture of civilization, including the location, selection, analysis, classification and exhibition of relevant material;
    5. the development or application of mathematical and analytical methods, models and programs including those of mathematical statistics; the solution of problems in the natural, physical or social sciences that require the application of mathematical and statistical techniques and analysis; and the conduct of fundamental or applied research in one of the following or related fields: mathematics, statistics, survey methods, operational research or generalized systems;
    6. the planning, conduct and evaluation of research and development and innovation in the natural sciences within or outside the federal government, sometimes in collaboration with other agencies, designed to advance scientific knowledge and technology through significant and original additions to current understanding, concepts and theories;
    7. the management or co-ordination of organizations in the federal government conducting programs of research, knowledge enhancement, technology development and innovation in the natural sciences, and the provision of scientific advice on the direction, conduct and management of these programs;
    8. the provision of advice on the above research programs; and
    9. the leadership of any of the above activities.

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[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-RS 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-RS 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 Research Group as defined in Part I of the Canada Gazette of March 27, 1999.

April 13, 2018.