FPSLREB Decisions

Certification - All employees engaged in the carrying out of survey activities primarily outside of Statistics Canada offices - Membership in the bargaining unit - Variable work hours - the Public Service Alliance of Canada (PSAC) applied for certification for this bargaining unit and submitted membership evidence in support of its application - because there was some dispute between the parties regarding membership in the bargaining unit, the Board appointed two of its officers to enquire into the matter and report back to the Board - according to the report of the Board's officers, the number of employees in the bargaining unit fluctuated significantly throughout the year - in light of the employees' variable work hours, the Board's officers suggested to the parties that it was necessary, in order to determine whether a person qualified as an employee within the meaning of the Public Service Staff Relations Act (PSSRA), to examine the hours worked by each such person over a representative period of time - accordingly, the parties agreed to a 6 1/2-month period retroactive from the date of the application - on this basis, the Board's officers found that there were 758 employees in the bargaining unit and that there was no dispute between the parties in relation to them - furthermore, the PSAC had submitted membership evidence which established that it had the unqualified support of the majority of these employees - however, the employer believed that an additional 55 persons should be added to the bargaining unit for the purpose of the application even though they had not worked the entire 6 ½-month review period because, on the date of the application, they met the definition of employee under the PSSRA - if these people were added to the bargaining unit, the support for the PSAC would drop to 50% - the PSAC sought certification without a representation vote on the basis of the membership evidence adduced by it - the employer requested the Board to conduct a representation vote - the Board found that the unit proposed by the PSAC was appropriate for collective bargaining - the Board noted that the application for certification related to a bargaining unit comprised of employees who work variable hours, depending on the workload and the time of year - the Board was therefore of the opinion that it was not possible to determine their employment status by looking at a particular point in time - rather it was necessary to review their record of employment over a representative period of time to determine whether they qualified as employees under the PSSRA - the 6 ½-month period selected by the parties was the very minimum period which would be acceptable to the Board - accordingly, the Board determined that the 55 additional persons proposed by the employer were not employees in the bargaining unit for the purpose of the application for certification - on this basis, the Board was satisfied that a majority of the employees in the bargaining unit wished the PSAC to represent them as their bargaining agent - the Board certified the PSAC as bargaining agent for the bargaining unit in question. Certification granted. Cases cited:Alberta Wheat Pool (1993), 86 di 172 (Can. L.R.B.); Canadian Imperial Bank of Commerce (1977), 25 di 355 (Can. L.R.B.).