FPSLREB Decisions

Files: 181-2-364 181-2-427

Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PUBLIC SERVICE ALLIANCE OF CANADA Bargaining Agent and TREASURY BOARD Employer

RE: Designated Positions - General Labour and Trades Group (Supervisory and Non-Supervisory)

Before: Yvon Tarte, Chairperson

(Decided without an oral hearing)

Page 1 DETERMINATION DESIGNATING POSITIONS A determination was issued by the Board on February 13, 1998, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions in the General Labour and Trades Group (Supervisory and Non-Supervisory) bargaining units contained in diskettes GL1.XLS, GL2.XLS and GL3.XLS, which the parties had agreed have safety or security duties.

By letter dated July 9, 1998 the employer advised the Board that the parties had agreed to amend the list of designated positions identified in the above diskettes. As a result of this agreement certain positions were deleted from the list and four positions were added to the list. Enclosed with the employer’s letter was a letter dated July 9, 1998 signed by the bargaining agent in which it agreed with the changes proposed by the employer, together with three diskettes bearing identification GL1-5, GL2.XLS and GL3-1, containing all of the positions which the parties now agree have safety or security duties. These diskettes are contained in the Board file and are accepted as an amendment by the parties of the diskettes referred to in the Board’s determination of February 13, 1998.

On the basis of the agreement of the parties, the Board hereby revokes the designation of those positions designated by its decision of February 13, 1998 and which do not appear on the list of positions contained in the diskettes enclosed with the employer’s letter of July 9, 1998. The Board also revokes the Forms 13 issued for those positions and directs the employer to return forthwith the Forms 13 for those positions that are in its possession. The designation of the remaining positions designated in the Board’s determination of February 13, 1998 is confirmed and the notification of the persons who occupy those positions shall continue as set out in that determination.

Also on the agreement of the parties, the Board designates the four positions listed in the diskettes enclosed with the employer’s letter of July 9, 1998 that were not designated by the Board’s determination of February 13, 1998.

Furthermore, pursuant to section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (the Regulations), the persons who occupy those four positions are to be so informed no later than the thirtieth day after the date of this decision.

Public Service Staff Relations Board

Page 2 Thereafter future occupants of these positions shall be notified within thirty days of the date on which they first occupy the positions.

Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the four positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of the four designated positions containing all the information required, with the exception of the name of the employee occupying the designated position and the "Dated at..." portion of the Form, which is to be completed by the employer prior to notification.

The Board draws the employer's attention to its responsibility under subsection 60(2) of the Regulations that, on the notification of an employee who occupies a designated position, it is to provide forthwith a copy of the notice referred to in subsection 60(1) of the Regulations to the bargaining agent.

Yvon Tarte Chairperson

OTTAWA, July 23, 1998

Public Service Staff Relations Board