FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act (PSSRA) - Welfare Programmes Group - Extension of time to notify occupants - pursuant to subsection 78.1(4) of the PSSRA, the parties met to review each position in the bargaining unit to determine whether any of them have safety or security duties as specified in subsection 78(1) - in due course, the employer pursuant to subsection 78.1(5) provided the Board with a statement of the positions that the parties had determined do not have safety or security duties - the employer also notified the Board pursuant to subsection 78.1(6) that the parties had determined that certain positions have safety or security duties - in addition, the employer advised the Board pursuant to subsection 78.1(7) that the parties had been unable to agree on whether a number of positions have safety or security duties and the employer was therefore referring those positions to a designation review panel - a designation review panel was duly established and made its recommendations - subsequently, the employer advised the Board that it wished to refer the positions that remained in dispute to the Board pursuant to subsection 78.2(1) of the PSSRA - thereafter, the bargaining agent advised the Board that it was withdrawing its objection to the employer's proposals - the employer then advised the Board that the parties had reached agreement on the positions which have safety or security duties - the Board designated these positions pursuant to subsection 78.1(6) of the PSSRA - the parties also agreed that the remaining positions in the bargaining unit do not have safety or security duties - in addition, the parties requested the Board to extend the 30-day time limit specified in subsection 60(1) of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 for notification of the incumbents of the designated positions - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform the employees occupying the designated positions - also, pursuant to section 6 of the Regulations, the Board extended the time within which an employee is to be informed of the fact that he or she occupies a designated position to a period of 30 days from the date of a request for conciliation under section 76 of the PSSRA - thereafter, future occupants shall be notified within 30 days of the date on which they occupy the position. Positions designated.
Decision Content
File: 181-2-409 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 - Welfare Programmes Group
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 DECISION DESIGNATING POSITIONS Pursuant to subsection 78.1(4) of the Public Service Staff Relations Act (PSSRA), the parties met to review the position of each employee in the Welfare Programmes Group bargaining unit, to determine whether any of them have safety or security duties as specified in subsection 78(1). By letter dated June 22, 1997, the employer pursuant to subsection 78.1(5) provided the Board with a statement of the positions the parties had determined do not have safety or security duties. The employer also notified the Board, pursuant to subsection 78.1(6), that the parties had determined that certain positions have safety or security duties. In addition, the employer also notified the Board, pursuant to subsection 78.1(7), that the parties were unable to agree on whether a number of positions have safety or security duties and that it was referring those positions that remained in dispute to a designation review panel.
A designation review panel was duly established and made its recommendations. The parties, after considering the recommendations, continued to disagree on whether the positions in dispute have safety or security duties. Therefore, the employer by letter dated November 28, 1997 notified the Board that it was referring those positions that remained in dispute to the Board pursuant to subsection 78.2(1) of the PSSRA. However, the bargaining agent by letter dated June 23, 1998 notified the Board that it was withdrawing its objection to the employer’s proposals. Enclosed with the employer’s letters dated July 24, 1998 was a Memorandum of Agreement signed by the parties and a diskette bearing identification WP1.XLS and WP2.XLS containing those positions which the parties agreed have safety or security duties. This diskette is contained in the Board file. In addition, the Memorandum of Agreement indicated that the parties have agreed that the remaining positions do not have safety or security duties. Accordingly, pursuant to subsection 78.1(6), the Board hereby designates the positions contained in the above-mentioned diskette as having safety or security duties.
Public Service Staff Relations Board
Decision Page 2 On July 8, 1997, the Treasury Board and the Public Service Alliance of Canada submitted a joint request to the Board to the following effect: The parties are hereby requesting the Board to extend the time limit to issue Form 13 for all bargaining units which the Public Service Alliance of Canada is the bargaining agent and the Treasury Board is the employer to 30 days following a request for a conciliation board, in accordance with the Board’s decision in files 125-2-68 to 70.
On July 10, 1997, pursuant to section 6 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993, the Board granted the request of the parties and ordered that: ... in all such cases where a determination has not yet been issued, the Board will extend the time specified in subsection 60(1) of the Regulations within which an employee is to be informed of the fact that he or she occupies a designated position to a period of 30 days from the date of a request for conciliation pursuant to section 76 of the Act. (Board file 181-2)
In accordance with this order, the employees who occupy designated positions in the Welfare Programmes Group bargaining unit are to be so informed within the 30-day period specified in the above-cited order. Thereafter, future occupants of a designated position shall be notified within 30 days of the date on which they first occupy the position.
Pursuant to section 78.5 of the PSSRA, the Board hereby authorizes the employer to inform the employees occupying the designated positions identified herein. For this purpose, the Board will provide the employer with a Form 13 for each designated position 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.
Public Service Staff Relations Board
Decision Page 3 Finally, 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) to the bargaining agent.
Yvon Tarte Chairperson OTTAWA, September 16, 1998.
Public Service Staff Relations Board