FPSLREB Decisions
Decision Information
Section 25 of the Parliamentary Employment and Staff Relations Act (PESRA) - Application for certification - Definition of bargaining unit - Results of the vote - PSAC certified as bargaining agent - in its decision of October 22, 2003 (Public Service Alliance of Canada v. House of Commons, 2003 PSSRB 95), the Board ordered that a representation vote be taken in a bargaining unit consisting of all employees of the Security Services Directorate of the House of Commons working as scanners - the Board further ordered that this vote be conducted amongst employees whose names appeared in a list submitted by the parties - on December 2, 2003, following requests by both parties to modify the list of eligible voters, the Board granted these modifications to the list and amended its decision 2003 PSSRB 95 accordingly - the Returning Officer for the vote reported to the Board that the representation vote had been held and provided the results - having regard to all the evidence before it in this matter, the Board is satisfied that a majority of the eligible employees in the bargaining unit, who cast ballots, wish the Public Service Alliance of Canada to represent them as their bargaining agent - accordingly, the Board certified the Public Service Alliance of Canada as bargaining agent for all employees of the Security Services Directorate of the House of Commons working as scanners, and the Board will issue a certificate for the bargaining unit described above - the Board further ordered that the Secretary will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period. Results of representation vote in favour of PSAC.
Decision Content
Parliamentary Employment and Staff Relations Act
- Date: 2003-12-10
- File: 442-HC-16
- Citation: 2003 PSSRB 112
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 |
(Rendered without an oral hearing.)
[1] In its decision of October 22, 2003 (Public Service Alliance of Canada v. House of Commons, 2003 PSSRB 95), the Board ordered that a representation vote be taken in a bargaining unit consisting of all employees of the Security Services Directorate of the House of Commons working as scanners. As both parties requested that employee status be determined by their agreed Rules Governing Employee Status, the Board further ordered that this vote be conducted amongst employees whose names appeared in a list submitted by the parties. On December 2, 2003, following requests by both parties to modify the list of eligible voters, the Board granted these modifications to the list and amended its decision 2003 PSSRB 95 accordingly.
[2] The Returning Officer for the vote, Gilles Grenier, has reported to the Board that the representation vote has been held and that the results of the ballot are as follows:
Number of employees eligible to vote 28 Number of ballots cast 24 Number of ballots marked in favour of
the Public Service Alliance of Canada20 Number of ballots against the
Public Service Alliance of Canada4 Number of spoiled ballots 0 Number of ballots segregated
and not counted0
[3] The Returning Officer has produced to the Board the Certificate of Result of Vote recording the figures shown above in paragraph 2, signed by him and bearing the signatures of the representatives of the applicant and the employer.
[4] The Returning Officer has also produced to the Board a Scrutineers' Certificate signed by the representatives of the applicant and employer. In this document, the scrutineers stated that they: were given the opportunity of attending the poll; consented to the counting of the ballots; were given the opportunity to examine the ballots cast and that the vote was conducted in a fair and proper manner.
[5] The Returning Officer further produced to the Board a Consent and Waiver form signed by the representatives of the applicant and employer wherein they consented to having the Board dispose of this case, without hearing, on the basis of the evidence currently before it, and the Certificate of Result of Vote.
[6] Having regard to all the evidence before it in this matter, the Board is satisfied that a majority of the eligible employees in the bargaining unit defined in paragraph 1 above, who cast ballots, wish the Public Service Alliance of Canada to represent them as their bargaining agent.
[7] Accordingly, the Board hereby certifies the Public Service Alliance of Canada as bargaining agent for all employees of the Security Services Directorate of the House of Commons working as scanners. The Board will issue a certificate for the bargaining unit described above.
[8] The Secretary will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
Guy Giguère,
Deputy Chairperson
OTTAWA, December 10, 2003.