FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act (PSSRA) - Chemistry Group - Extension of time to notify incumbents - 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 had safety or security duties as specified in subsection 78(1) of the PSSRA - in due course, pursuant to subsection 78.1(5) of the PSSRA, the employer provided the Board with a statement of the positions that the parties had determined did not have safety or security duties - pursuant to subsection 78.1(6) of the PSSRA, the employer also provided the Board with a statement of the positions that the parties had determined did have safety or security duties - in addition, the employer informed the Board, pursuant to subsection 78.1(7) of the PSSRA, that the parties had been unable to agree on whether a number of positions had safety or security duties and the employer was therefore referring those positions to a designation review panel - a designation review panel was duly established - subsequently, the employer advised the Board that the parties had agreed on the positions which had safety or security duties - consequently, the Board designated these positions pursuant to subsection 78.1(6) of the PSSRA - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform of the designation the incumbents of these positions - the parties requested the Board to extend the time limit set in subsection 60(1) of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 for notification of the incumbents of designated positions - pursuant to section 6 of the Regulations, the Board extended this time to a period of 30 days from the date of a request for conciliation under section 76 of the PSSRA - the Board directed the employer to do so pursuant to the procedure specified in section 60 of the Regulations - the Board further directed the employer to so notify future incumbents of these positions within 30 days of the date on which they occupy these positions. Positions designated.
Decision Content
File: 181-2-410 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA Bargaining Agent and TREASURY BOARD Employer
RE: Designated Positions - Chemistry Group Before: Yvon Tarte, Chairperson (Decided without an oral hearing)
Decision Page 1 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 Chemistry Group bargaining unit, to determine whether any of them have safety or security duties as specified in subsection 78(1). By letter dated December 12, 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 provided the Board, pursuant to subsection 78.1(6), with a statement of the positions the parties had determined do have safety or security duties. 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. However, the employer, by letter dated March 23, 1998, notified the Board that a tentative agreement had been reached by the parties as to which positions have safety or security duties. By letters dated December 4, 1998, the employer notified the Board that the agreement had been finalized. Enclosed were a Memorandum of Agreement signed by the parties and a diskette bearing identification CH1.XLS, CH2.XLS and CH3.XLS, containing those positions which the parties agreed have safety or security duties. This diskette is contained in the Board file. In addition, the employer 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 on the above-mentioned diskette as having safety or security duties.
On July 8, 1997 the Treasury Board and the Professional Institute of the Public Service of Canada had 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 the bargaining units which the Professional Institute of the Public Service 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.
Public Service Staff Relations Board
Decision Page 2 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 Chemistry 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.
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 (1) to the bargaining agent.
Y. Tarte Chairperson
OTTAWA, December 18, 1998. Public Service Staff Relations Board