FPSLREB Decisions

Decision Information

Parks Canada Agency v. Public Service Alliance of Canada

Collection FPSLREB Decisions
Decision Rendered 2004-07-06
Citation 2004 PSSRB 83
File Number 172-02-01534, 172-02-01645, 172-33-01117, 172-33-01414, 172-33-01415, 172-33-01444, 172-33-01445, 172-33-01446, 172-33-01447, 172-33-01448, 172-33-01449, 172-33-01450, 172-33-01451, 172-33-01452, 172-33-01453, 172-33-01454, 172-33-01455, 172-33-01456, 172-33-01457, 172-33-01458, 172-33-01459, 172-33-01460, 172-33-01461, 172-33-01462, 172-33-01463, 172-33-01464, 172-33-01467, 172-33-01468, 172-33-01469, 172-33-01470, 172-33-01471, 172-33-01472, 172-33-01473, 172-33-01474, 172-33-01475, 172-33-01476, 172-33-01478, 172-33-01479, 172-33-01480, 172-33-01481, 172-33-01482, 172-33-01483, 172-33-01484, 172-33-01485, 172-33-01486, 172-33-01487, 172-33-01488, 172-33-01489, 172-33-01490, 172-33-01491, 172-33-01492, 172-33-01493, 172-33-01494, 172-33-01495, 172-33-01496, 172-33-01497, 172-33-01498, 172-33-01499, 172-33-01500, 172-33-01501, 172-33-01502, 172-33-01503, 172-33-01505, 172-33-01508, 172-33-01510, 172-33-01512, 172-33-01514, 172-33-01515, 172-33-01516, 172-33-01517, 172-33-01518, 172-33-01519, 172-33-02299, 172-33-2667
Before Yvon Tarte
Decision Type Labour Relations
Subject Terms Excluded position
Summary:

No summary has been written for this decision. Please refer to the full text.

Decision Content



Public Service Staff Relations Act

Coat of Arms - Armoiries
  • Date:  2004-07-06
  • File:  172-33-2667; 172-02-01534;
    172-02-01645; 172-33-01117;
    172-33-01414 to 01415;
    172-33-01444 to 01464;
    172-33-01467 to 01476;
    172-33-01478 to 01503;
    172-33-01505; 172-33-01508;
    172-33-01510; 172-33-01512;
    172-33-01514 to 01519;
    and 172-33-02299
  • Citation:  2004 PSSRB 83

Before the Public Service Staff Relations Board

BETWEEN

PARKS CANADA AGENCY

Employer

and

PUBLIC SERVICE ALLIANCE OF CANADA

Bargaining Agent

 

RE:  Identification of Managerial or Confidential Positions

 

Before:   Yvon Tarte, Chairperson

For the Employer:   Benoit Chartrand

For the Bargaining Agent:   Lisa Rossignol

(Decided without an oral hearing)

[1]   The Parks Canada Agency (hereinafter referred to as "the Agency") was created pursuant to the Parks Canada Agency Act, which came into effect on December 21, 1998. In Parks Canada Agency v. Professional Institute of the Public Service of Canada and Public Service Alliance of Canada, 2001 PSSRB 39, the Board certified the Public Service Alliance of Canada as the bargaining agent for a single bargaining unit composed of all employees of the Parks Canada Agency.

[2]   Following the creation of the Agency and pursuant to subsection 5.2(1) of the Public Service Staff Relations Act (hereinafter referred to as "the PSSRA"), as well as the definition of "managerial or confidential position" contained in subsection 2(1) of the PSSRA, the employer notified the Board of the proposed identification of a series of positions as "managerial or confidential positions".

[3]   The bargaining agent was notified of the proposals and filed objections to them. The parties then advised the Board that they were engaged in ongoing discussions regarding the creation of the first complete managerial exclusion profile for the Agency.

[4]   On April 23, 2004, the parties wrote a joint letter to the Board, which, in part, reads as follows:

Further to the letters received by the PSSRB from Mr. Keith Willis and myself relating to the ongoing discussions between the Agency and the PSAC regarding the creation of the first complete managerial exclusion profile for the organization, we, the undersigned, are pleased to advise the Board that the Public Service Alliance of Canada and the Parks Canada Agency have reached an agreement on the attached listing of excluded positions within the Agency.

Included on the list are all of the positions which have been submitted for exclusion by the Agency either recently or in the past for which the PSAC has no objections. There are no outstanding exclusion requests requiring the intervention of the Board at this time. We would therefore jointly request that the attached listing of positions creating this joint submission be considered to replace and close all previous submissions still active with your office. .

[5]   The list referred to in the letter identifies three hundred and twenty-six (326) positions as subject to the agreement between the parties. This list is attached to this decision and marked as Appendix A.

[6]   The Board derives its authority from section 21 of the PSSRA to consider the employer's identification of the position under subsection 2(1) of the PSSRA. The Board derives its authority from subsection 5.2(4) of the PSSRA to consider the employer's identification of the position under subsection 5.2(1). Section 21(1) of the PSSRA states as follows:

The Board shall administer this Act and exercise such powers and perform such duties as are conferred or imposed on it by, or as may be incidental to the attainment of the objects of, this Act including, without restricting the generality of the foregoing, the making of orders requiring compliance with this Act, with any regulation made hereunder or with any decision made in respect of a matter coming before it.

[7]   Subsection 5.2(4) of the PSSRA requires the Public Service Staff Relations Board to confirm or reject the identification of a position after considering the opposition and giving the employer and bargaining agent the opportunity to make representations. The parties have come to an agreement, which is preferable to any solution imposed by the Board. I see no reason not to give effect to the agreement which was reached freely by the parties, each having considerable experience in the area of federal labour relations.

[8]   The agreement between the parties is therefore confirmed under both subsection 2(1) and subsection 5.2(1) of the PSSRA. The positions set out in Appendix A to this decision are hereby excluded from the bargaining unit. All files opened by the Board that are related to the objections which were initially filed by the PSAC are now closed.

Yvon Tarte,
Chairperson

Ottawa, July 6, 2004.

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