FPSLREB Decisions
Decision Information
Amendment to designation of positions having safety or security duties - Designation of additional positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act - All employees other that the Professional Bargaining Unit - in an earlier decision, the Board had designated, pursuant to subsection 78.1(6) of the PSSRA, the positions which the parties had agreed have safety or security duties: (1997) 32 PSSRB Decisions 32 - subsequently, the employer advised the Board that the parties had agreed that some of these positions no longer had safety or security duties - accordingly, the Board revoked the designation of these positions and the Forms 13 that had been issued accordingly - the employer also advised the Board that the parties had agreed that an additional two positions had safety or security duties - consequently, the Board designated these positions pursuant to subsection 78.1(6) of the PSSRA - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform of the designation the incumbents of these additional two positions and directed the employer to do so within the time limit and pursuant to the procedure specified in section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 - the Board further directed the employer to so notify future incumbents of these additional two positions within 30 days of the date on which they occupy these positions. Designations revoked. Positions designated.
Decision Content
File: 181-26-366 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PUBLIC SERVICE ALLIANCE OF CANADA Bargaining Agent and NATIONAL ENERGY BOARD Employer
RE: Designated Positions - All Employees Other than the Professional Bargaining Unit
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 DECISION DESIGNATING POSITIONS A decision was issued by the Board on July 7, 1997, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions in the bargaining unit comprised of all employees other than the Professional Bargaining Units which the parties agreed have safety or security duties.
By letter dated October 15, 1998, the employer advised the Board that the parties agreed to amend the list of designated positions identified in the aforementioned decision. As a result of this agreement certain positions were deleted from the list and two additional positions were added to the list. The Board received a letter dated October 27, 1998 signed by the parties in which they agreed with the changes proposed by the employer and a diskette bearing identification “NEB Designations - diskette 2 [desdisc] Replacement diskette” (the new diskette) which replaces the list of designated positions identified in the July 7, 1997 decision. Accordingly, the new diskette is contained in the Board file and contains all of the positions which the parties now 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 decision of July 7, 1997, which do not appear on the new diskette. The Board also revokes the Forms 13 issued for those positions. These Forms 13 were received from the employer with its letter of October 15, 1998 and will be destroyed.
On the basis of the agreement of the parties, the Board designates the two additional positions listed in the new diskette that were not designated by its decision of July 7, 1997.
Furthermore, the persons who occupy those two positions are to be so informed within the time limits and pursuant to the procedure specified in subsection 60(1) of the P.S.S.R.B. Regulations and Rules of Procedure, 1993. Thereafter future occupants of these positions shall be notified within thirty days of the date on which they first occupy the positions.
Public Service Staff Relations Board
Decision Page 2 Pursuant to section 78.5 of the PSSRA the Board hereby authorizes the employer to inform the employees occupying the two additional positions designated above. For this purpose the Board will provide the employer with a Form 13 for each of the two 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, November 30, 1998.
Public Service Staff Relations Board