FPSLREB Decisions

Decision Information

Summary:

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 Programme Administration Group) - 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 36 - subsequently, the employer advised the Board that the parties had agreed that an additional four 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 four 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 four positions within 30 days of the date on which they occupy these positions. Positions designated.

Decision Content

File: 181-2-374 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 Programme Administration 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 3, 1997, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions in that part of the General Services Subgroup of the General Services Group bargaining unit formerly known as the Programme Administration Group. Diskette PM1.XLS, PM2.XLS, PM3.XLS (the “old diskette”) contains all of the positions which the parties agreed had safety or security duties as of that date.

By letter dated June 25, 1998, the employer advised the Board that the parties agreed to amend the list of designated positions identified in the old diskette because of the transfer of three positions from that part of the General Services Subgroup of the General Services Group formerly known as the Clerical and Regulatory Group. By letter dated September 24, 1998, the employer advised the Board that the parties agreed to amend further the list of designated positions identified in the old diskette because of the transfer of one position from that part of the General Services Subgroup of the General Services Group formerly known as the Administrative Services Group. As a result of these agreements, the four additional positions were added to the list. Enclosed with the employer’s letters were letters dated June 19 and August 31, 1998 signed by the bargaining agent in which it agreed with the changes proposed by the employer. The employer also provided the Board with a new diskette bearing identification PM1-7.XLS. Zip file, PM2-1.XLS, PM3-2.XLS (the “new diskette”). This new diskette is accepted by the Board as an amendment of the old diskette. Accordingly, this new diskette contains all of the positions which the parties now agree have safety or security duties.

On the basis of the agreements of the parties, the Board designates the four additional positions listed in the new diskette which did not appear on the old diskette.

Furthermore, pursuant to section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993, the persons who occupy those four positions are to be so informed within the time limits and pursuant to the procedure specified in subsection 60(1) of the Regulations. 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 additional positions designated above. For

Public Service Staff Relations Board

Decision Page 2 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 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, October 28, 1998.

Public Service Staff Relations Board

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