FPSLREB Decisions
Decision Information
Amendment to designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act (PSSRA) - Technical Category Group - in an earlier decision, the Board had designated, pursuant to subsection 78.1(6) of the PSSRA, all of the positions which the parties had agreed have safety or security duties: (1997) 32 PSSRB Decisions 50 - subsequently, the employer advised the Board that the parties had agreed that one of these positions no longer had safety or security duties - accordingly, the Board revoked the designation of this position and the Form 13 that had been issued in relation to it - the employer also advised the Board that the parties had agreed that an additional position had safety or security duties - consequently, the Board designated this position pursuant to subsection 78.1(6) of the PSSRA - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform the incumbent of this additional position of the designation 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 this additional position within 30 days of the date on which they occupy this position. Designation revoked. Position designated.
Decision Content
File: 181-13-421 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PUBLIC SERVICE ALLIANCE OF CANADA Bargaining Agent and COMMUNICATIONS SECURITY ESTABLISHMENT, DEPARTMENT OF NATIONAL DEFENCE
Employer
RE: Designated Positions - Technical Category
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 DECISION DESIGNATING POSITIONS A decision was issued by the Board on September 29, 1997, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating positions in the Technical Category bargaining unit. Diskette CST.XLS, CTO.XLS, PY.XLS and DD.XLS (the “old diskette”) contains the list of all of the positions which the parties agreed have safety or security duties as of that date.
By letter dated January 15, 1999, the parties advised the Board that they agreed to amend the list of designated positions identified in the old diskette. As a result of this agreement, one position was deleted from the list and one position was added to the list. Enclosed with the letter of the parties was a diskette bearing identification “Technical Category, Amended Designations” (the “new diskette”). This new diskette is accepted by the Board as an amendment to the old diskette and is contained in the Board file. Accordingly, this new diskette contains the list of 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 the position referred to above, that appeared on the old diskette and that does not appear on the new diskette. The Board also revokes the Form 13 issued for this position. This Form 13 has been returned to the Board and will be destroyed.
Also on the agreement of the parties, and pursuant to subsection 78.1(6), the Board designates the one additional position referred to above, that appears on the new diskette and that did not appear on the old diskette.
Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employee occupying the one additional position designated above. For this purpose, the Board will provide the employer with a Form 13 for the one additional 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 2 Furthermore, the person who occupies the one additional position is to be so informed within the time limit and pursuant to the procedure specified in subsection 60(1) of the P.S.S.R.B. Regulations and Rules of Procedure, 1993. Thereafter future incumbents of this position shall be notified within thirty days of the date on which they first occupy the position.
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, January 22, 1999.
Public Service Staff Relations Board