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) - Engineering and Scientific Support 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 36 - 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 in relation to them - the employer also advised the Board that the parties had agreed that an additional six 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 six 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 six positions within 30 days of the date on which they occupy these positions. Designations revoked. Positions designated.
Decision Content
File: 181-2-378 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 - Engineering and Scientific Support Group
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 Engineering and Scientific Support Group bargaining unit. Diskettes EG1-2, EG2.xls and EG3-2 (the “old diskettes”) contain the list of all of the positions which the parties agreed had safety or security duties as of that date.
By letters dated January 18, 20 and 26, 1999, 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 six positions were added to the list. Enclosed with the employer’s letters were letters dated November 10 and 18, December 28, 1998 and January 13 and 14, 1999, signed by the bargaining agent, in which it agreed with the changes proposed by the employer. The employer also provided the Board with diskette EG1-7.XLS, EG2.XLS, EG3-4.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 these positions. These Forms 13 were returned to the Board and will be destroyed.
Also on the basis of the agreement of the parties, and pursuant to subsection 78.1(6), the Board designates the six additional positions referred to above, that appear on the new diskette and that did not appear on the old diskettes.
Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the six additional positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of the six designated positions, containing all the information required, with the exception of the names 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.
Public Service Staff Relations Board
Decision Page 2 Furthermore, the persons who occupy these six 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 28, 1999.
Public Service Staff Relations Board