FPSLREB Decisions

File: 181-2-382 181-2-426

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 - Firefighters 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 October 8, 1997, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions in the Firefighters Group (Supervisory and Non-Supervisory) bargaining units contained in the diskette bearing identification FR1XLS-1.XLS which the parties agreed have safety or security duties.

By letter dated August 7, 1998 the employer advised the Board that the parties agreed to further 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 three additional positions were added to the list. Enclosed with the employer’s letter was a letter dated July 31, 1998 signed by the bargaining agent in which it agreed with the changes proposed by the employer, together with a diskette bearing identification FR1-3.xls which replaces diskette FR1XLS-1.XLS mentioned above. Accordingly, the diskette bearing identification FR1-3.xls is contained in the Board file and contains all of the positions which the parties agree have safety or security duties in these bargaining units.

On the basis of the agreement of the parties, the Board hereby revokes the designation of those positions designated by its decision of October 8, 1997 which do not appear in the afore-mentioned diskette. 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 three additional positions listed in the diskette enclosed with the employer’s letters of August 7, 1998 that were not designated by the decision of the Board on October 8, 1997.

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 three positions are to be so informed within 30 days from 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 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, August 25, 1998.

Public Service Staff Relations Board