FPSLREB Decisions

Decision Information

Summary:

Section 25 of the Parliamentary Employment and Staff Relations Act (PESRA) - Application for certification - Definition of bargaining unit - Amendment to voters' list - this decision pertained to an amendment to a decision of the Board under section 17 of the PESRA - in Public Service Alliance of Canada v. House of Commons, 2003 PSSRB 95, the Board ordered that a representation vote be conducted amongst the employees listed in Attachment B of the Memorandum of Agreement between the parties signed on September 29, 2003 - on November 21, 2003, the Public Service Alliance of Canada (applicant) requested that two names be added to the eligible voters' list - on November 24, 2003, the employer requested that four names be deleted from the eligible voters' list, to which request the applicant consented on November 25, 2003 - on December 1, 2003, both parties wrote to the Board to confirm the requested changes to the list of eligible voters - the Board considered that, by those requests, the parties had asked it to amend decision 2003 PSSRB 95 accordingly and in the circumstances, the Board considered it appropriate to grant the parties' requests - by virtue of section 17(1) of the PESRA, the Board thereby amended its decision by adding two specified names to the list of voters and removing four others. Application allowed.

Decision Content



Parliamentary Employment and Staff Relations Act

Coat of Arms - Armoiries
  • Date:  2003-12-02
  • File:  442-HC-16
  • Citation:  2003 PSSRB 109

Before the Public Service Staff Relations Board



BETWEEN

PUBLIC SERVICE ALLIANCE OF CANADA
Applicant

and

HOUSE OF COMMONS
Employer

RE:Application for Certification pursuant to section 25 of the
Parliamentary Employment and Staff Relations Act


Before:   Guy Giguère, Deputy Chairperson


(Rendered without an oral hearing.)


[1]    This decision pertains to an amendment to a decision of the Board under section 17 of the Parliamentary Employment and Staff Relations Act (PESRA). Section 17 provides as follows:

17. (1) Subject to subsection (2), the Board may review, rescind, amend, alter or vary any decision or order made by it, or may re-hear any application before making an order in respect thereof.

Exception

(2) Any rights acquired by virtue of any decision or order that is reviewed, rescinded, amended, altered or varied pursuant to subsection (1) shall not be altered or extinguished with effect from a day earlier than the day on which the review, rescission, amendment, alteration or variation is made.

[2]    In Public Service Alliance of Canada v. House of Commons, 2003 PSSRB 95, the Board ordered that a representation vote be conducted amongst the employees listed in Attachment B of the Memorandum of Agreement between the parties signed on September 29, 2003.

[3]    On November 21, 2003, the Public Service Alliance of Canada (applicant) requested that two names be added to the eligible voters' list. The employer consented to that request on November 24, 2003.

[4]    On November 24, 2003, the employer requested that three names be deleted from the eligible voters' list. The applicant consented to that request on November 25, 2003.

[5]    Also, on November 24, 2003, the employer requested that a fourth name be deleted from the eligible voters' list. The applicant consented to that request on November 25, 2003.

[6]    On December 1, 2003, both parties wrote to the Board to confirm the requested changes to the list of eligible voters. The Board considers that, by those requests, the parties have asked it to amend decision 2003 PSSRB 95 accordingly.

[7]    In the circumstances, the Board considers it appropriate to grant the parties' requests. By virtue of section 17(1) of the PESRA, the Board hereby amends its decision in the following manner:

[8]    The following names will be added to the eligible voters' list:

  • Alvarez, Elena
  • Poirier, Dominique

[9]    Also, the following names will be deleted from the eligible voters' list:

  • Plouffe, Paul
  • Mireault, Eric
  • Séguin, Nadine
  • Vandal, Guillaume

Guy Giguère,
Deputy Chairperson

OTTAWA, December 2, 2003.

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