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) - Computer Systems Group - in an earlier decision, the Board had designated, pursuant to subsection 78.1(6) of the PSSRA, all the positions which the parties had agreed had safety or security duties: (181-2-361); (1998) 33 PSSRB Decisions 28 - subsequently, the employer advised the Board that the parties had agreed that 153 of these positions no longer had safety or security duties - accordingly, the Board revoked the designation of these positions and the Forms 13 that had been issued in relation to them - the employer also advised the Board that the parties had agreed that an additional 297 positions had safety or security duties - consequently, the Board designated these positions pursuant to subsection 78.1(6) of the PSSRA - the Board decided to provide at a later date for the notification of the designation to the incumbents of these additional 297 positions. Designations revoked. Positions designated.
Decision Content
File: 181-2-447 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 - Computer Systems Group
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 Decision Page 1 A decision was issued by the Board on February 11, 1998, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions in the Computer Systems Group bargaining unit. Diskette CS1.XLS, CS2.XLS and CS3.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.
Pursuant to subsection 78.4 of the Public Service Staff Relations Act (PSSRA), the parties met to review the position of each employee in the Computer Systems Group bargaining unit, to determine whether any of them have safety or security duties as specified in subsection 78(1). By letter dated March 29, 1999, the employer, pursuant to subsections 78.4(4) and 78.1(7), advised the Board 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 member on the designation review panel representing the employer notified the Board on June 2, 1999 that a tentative agreement had been reached by the parties as to which positions have safety or security duties. By letter dated October 25, 1999, the employer notified the Board that a partial agreement had been concluded. As a result of this partial agreement, 153 positions were deleted from the list and 297 positions were added to the list. Enclosed with the letter of the employer was a Memorandum of Agreement signed by the parties. The employer also provided the Board and the bargaining agent with a diskette bearing identification CS1-2.XLS, CS3-2.XLS and CS-5.XLS (the "new diskette"). This new diskette is accepted by the Board as a supplement to the old diskette and is contained in the Board file. Accordingly, these two diskettes contain 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 positions referred to above, that appeared on the old diskette and that do not appear on the new diskette. The Board also revokes the Forms 13 issued for these positions. These Forms 13 have been returned to the Board and have been destroyed.
Public Service Staff Relations Board
Decision Page 2 Also on the agreement of the parties, and pursuant to subsection 78.1(6), the Board designates the 297 additional positions referred to above, that appear on the new diskette and that did not appear on the old diskette.
The Board will issue the Forms 13 for the 297 additional positions and will provide for their notification at a later date.
Y. Tarte Chairperson
Ottawa, October 29, 1999
Public Service Staff Relations Board