FPSLREB Decisions

File: 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)

Decision Page 1 DECISION DESIGNATING POSITIONS A decision 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 which the parties agreed have safety or security duties.

A further decision was issued by the Board on July 23, 1998, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, in which the Board, on the agreement of the parties, revoked the designation of certain positions designated by its decision of February 13, 1998 and revoked the Forms 13 issued for those positions. The Board also designated four additional positions listed in the diskettes bearing identification GL1-5, GL2.XLS and GL3-1 enclosed with the employer’s letter of July 9, 1998 and that were not designated by the Board’s decision of February 13, 1998. These diskettes contained all of the positions which the parties agreed have safety or security duties.

By letter dated July 27, 1998 the employer advised the Board that the parties agreed to further 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 one hundred and seventeen additional positions were added to the list. Enclosed with the employer’s letter was a letter dated July 24, 1998 signed by the bargaining agent in which it agreed with the changes proposed by the employer together with a diskette bearing identification GL1-6 which replaces diskette GL1-5 mentioned above. The employer also advised that no changes were made on diskettes GL2.XLS and GL3-1 referred to in the Board’s decision of July 23, 1998. Accordingly, diskettes GL1-6, GL2.XLS and GL3-1 are contained in the Board file and contain all of the positions which the parties agree have safety or security duties in these bargaining units.

On the basis of the agreement of the parties, the Board hereby revokes the designation of those positions designated by its decisions of February 13 and July 23, above, and which do not appear on the list of positions contained in the afore­mentioned diskettes. The Board also revokes the Forms 13 issued for those positions and directs the employer to return forthwith the Forms 13 that have not been distributed to the employees in those positions. Furthermore, the employer is to make

Public Service Staff Relations Board

Decision Page 2 every reasonable effort to obtain any Forms 13 that have been so distributed. The bargaining agent is to cooperate in this regard.

On the agreement of the parties, the Board designates the one hundred and seventeen additional positions listed in the diskette enclosed with the employer’s letter of July 27, 1998 that were not designated by the decision of the Board on February 13, 1998 and which did not appear on the diskettes referred to in its decision of July 23, 1998.

Furthermore, pursuant to section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993, the persons who occupy those one hundred and seventeen positions are to be so informed no later than the thirtieth day after the date of this decision. 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 one hundred and seventeen additional positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of the one hundred and seventeen 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, August 12, 1998.

Public Service Staff Relations Board