FPSLREB Decisions
Decision Information
Amendment to designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act (PSSRA) - General Services Subgroup of the General Services Group (that part formerly known as the Administrative Services Group) - in an earlier decision, the Board had amended, pursuant to subsection 78.1(6) of the PSSRA, the list of all of the positions which the parties had agreed have safety or security duties: (1998) 34 PSSRB Decisions 35 - subsequently, the employer advised the Board that the parties had agreed that four 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 in relation to them - the employer also advised the Board that the parties had agreed that an additional fifteen 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 the incumbents of these additional fifteen positions of the designation 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 fifteen positions within 30 days of the date on which they occupy these positions. Designations revoked. Positions designated.
Decision Content
File: 181-2-373 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 Services subgroup of the General Services Group (that part formerly known as the Administrative Services Group)
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 DECISION DESIGNATING POSITIONS A decision was issued by the Board on October 28, 1998, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating positions in that part of the General Services Subgroup of the General Services Group bargaining unit formerly known as the Administrative Services Group. Diskette AS1-10.xls, AS2.xls, AS3.xls (the “old diskette”) contains the list of all of the positions which the parties agreed have safety or security duties as of that date. A decision was subsequently issued by the Board on December 18, 1998, pursuant to subsection 78.1(6), revoking the designation of one position on that list and the Form 13 that had been issued for that position.
By letters dated November 2, 3, 5, and 30 and December 1, 1998, the employer advised the Board that the parties agreed to amend the list of designated positions identified in the old diskette. As a result of this agreement, fifteen positions were added to the list and four positions were deleted from the list. Enclosed with the employer’s letters were letters dated September 30, October 20, and 26, and November 5 and 10, 1998 signed by the bargaining agent, in which it agreed with the changes proposed by the employer. The employer forwarded a new diskette bearing identification AS1-18.xls, AS2.xls, AS3.1xls (the “new diskette”). This new diskette is accepted by the Board as an amendment of the old diskette 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 this agreement of the parties, the Board hereby revokes the designation of the four positions referred to above, that appeared on the old diskette and that do not appear on the new diskette. The Board also revokes the Forms 13 issued for these positions. The employer has returned these Forms 13 to the Board and they will be destroyed.
Also on the agreement of the parties, and pursuant to subsection 78.1(6), the Board designates the fifteen additional positions referred to above, that appear on the new diskette and that did not appear on the old diskette.
Public Service Staff Relations Board
Decision Page 2 Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the fifteen additional positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of the fifteen designated positions, containing all the information required, with the exception of the name of the employees occupying the designated positions and the "Dated at..." portion of the Form, which is to be completed by the employer prior to notification.
Furthermore, the persons who occupy those fifteen additional positions are to be so informed within the time limit 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 incumbents of these positions shall be notified within thirty days of the date on which they first occupy the positions.
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, January 26, 1999.
Public Service Staff Relations Board