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) - Ships' Crews 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) 33 PSSRB Decisions 37 - 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 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 of the designation the incumbents of these additional fifteen 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 fifteen positions within 30 days of the date on which they occupy these positions. Designations revoked. Positions designated.
Decision Content
File: 181-2-418 181-2-428
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 - Ships’ Crews 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 June 12, 1998, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions in the Ships’ Crews Group (Supervisory and Non-Supervisory) bargaining units contained in diskette SC1.XLS, SC2.XLS and SC3.XLS, which the parties agreed have safety or security duties.
By letter dated August 14, 1998 the employer advised the Board that the parties had agreed to amend the list of designated positions identified in the above diskette. As a result of this agreement certain positions were deleted from the list and fifteen additional positions were added to the list. Enclosed with the employer’s letter was an agreement signed by the parties and a diskette bearing identification SC1-1.XLS, SC2.XLS and SC3-1.XLS. The employer also advised that no changes were made on that part of the diskette bearing identification SC2.XLS. This diskette is contained in the Board file and is accepted as an amendment by the parties of the diskette referred to in the Board’s decision of June 12, 1998 and contains 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 designated by its decision of June 12, 1998 and which do not appear on the list of positions contained in the diskette enclosed with the employer’s letter of August 14, 1998. The Board also revokes the Forms 13 issued for those positions and directs the employer to return forthwith the Forms 13 that have not been distributed to the employees in those positions. The Board will destroy the Forms 13 for those positions that were returned by the employer. 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.
Also on the agreement of the parties, the Board designates the fifteen additional positions listed in the diskette enclosed with the employer’s letter of August 14, 1998 that were not designated by the Board’s decision of June 12, 1998.
Public Service Staff Relations Board
Decision Page 2 Furthermore, pursuant to section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993, the persons who occupy those fifteen additional positions are to be so informed no later than the thirtieth day after the date of this decision. 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 fifteen positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of the fifteen additional 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, September 8, 1998.
Public Service Staff Relations Board