FPSLREB Decisions

File: 181-2-433 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE CANADIAN ASSOCIATION OF PROFESSIONAL RADIO OPERATORS Bargaining Agent and TREASURY BOARD Employer

RE: Determination of Designated Positions - Radio Operation Group

Before: Yvon Tarte, Chairperson

(Decided without an oral hearing)

Page 1 DETERMINATION OF DESIGNATED POSITIONS Pursuant to subsection 78.1(4) of the Public Service Staff Relations Act (PSSRA), the parties met to review the position each employee in the Radio Operation Group bargaining unit to determine whether any of them have safety or security duties as specified in subsection 78(1).

The employer by letter dated April 16, 1998, notified the Board that an agreement had been reached by the parties as to which positions have safety or security duties. In addition the parties have agreed that the remaining positions in the bargaining unit do not have safety or security duties. Also enclosed were a Memorandum of Agreement signed by the parties and a diskette bearing identification RO1.xls containing those positions which the parties agreed have safety or security duties. This diskette is contained in the Board file. 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 April 16, 1998 the Treasury Board and the Canadian Association of Professional Radio Operators 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. These will be issued within 30 days following a request for a conciliation board, in accordance with the Board’s decision in files 125-2-68 to 70.

On April 20, 1998, 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: ... 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 Radio Operation 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.

Public Service Staff Relations Board

Page 2 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.

Yvon Tarte Chairperson

OTTAWA, April 22, 1998.

Public Service Staff Relations Board