FPSLREB Decisions
Decision Information
Amendment to designation of positions no longer having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act (PSSRA) - General labour and Trades Group (Supervisory and Non-Supervisory) - 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: (1998) 34 PSSRB Decisions 29 - 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 three 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 three 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 three positions within 30 days of the date on which they occupy these positions. Designations revoked. Positions designated.
Decision Content
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 August 12, 1998, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating positions in the General Labour and Trades Group (Supervisory and Non-Supervisory) bargaining units. Diskettes GL1-6, GL2.XLS and GL3-1 (the “old diskettes”) contain the list of all of the positions which the parties agreed have safety or security duties as of that date.
By letters dated December 2 and 15, 1998 the employer advised the Board that the parties agreed to amend the list of designated positions identified in the old diskettes. As a result of this agreement certain positions were deleted from the list and three additional positions were added to the list. Enclosed with the employer’s letters were letters dated November 5 and 10, 1998 signed by the bargaining agent in which it agreed with the changes proposed by the employer, together with a diskette bearing identification GL1-11.XLS, GL2-1XLS and GL3-1.XLS (the “new diskette”). This new diskette is accepted by the Board as an amendment to the old diskettes and is contained in the Board file. Accordingly, this new diskette contains the list of all of the positions which the parties now agree have safety or security duties.
On the basis of the agreement of the parties, the Board hereby revokes the designation of those positions referred to above, that appeared on the old diskettes and that do not appear on the new diskette. The Board also revokes the Forms 13 issued for those positions. One Form 13 was received from the employer with its letter of December 2, 1998 and will be destroyed. The Board directs the employer to return forthwith the Forms 13 that have been distributed. Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that have been so distributed. The bargaining agent is to cooperate in this regard. The Board will destroy the Forms 13 when returned by the employer.
Also on the basis of the agreement of the parties, and pursuant to subsection 78.1(6), the Board designates the three additional positions referred to above, that appear on the new diskette and that did not appear on the old diskettes.
Public Service Staff Relations Board
Decision Page 2 Furthermore, the persons who occupy those three additional 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.
Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the three additional positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of the three 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, December 18, 1998.
Public Service Staff Relations Board