FPSLREB Decisions
Decision Information
Designation of positions having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act (PSSRA) - Extension of time limit - Section 6 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (Regulations) - Audit, Financial and Scientific Group - 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 - pursuant to subsection 78.1(6) of the PSSRA, the employer provided the Board with a statement of the positions that the parties had determined do have safety or security duties - the Board therefore designated all 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 the employees occupying those positions of the designation - pursuant to section 6 of the Regulations, the Board extended the time limit for doing so and directed the employer to inform the employees occupying those additional positions of the designation within 30 days from the date of a request for conciliation under section 76 of the PSSRA - the Board further directed the employer to so notify future incumbents of those additional positions within 30 days of the date on which they occupy those positions. Positions designated.
Decision Content
Public Service Staff Relations Act
- Date: 2004-06-29
- File: 181-34-488
- Citation: 2004 PSSRB 77
Before the Public Service Staff Relations Board
BETWEEN
Professional Institute of the Public Service of Canada
Bargaining Agent
and
Canada Customs and Revenue Agency
Employer
| RE: | Designated Positions Audit, Financial and Scientific Group |
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
[1] In Canada Customs and Revenue Agency, Professional Institute of the Public Service of Canada and Public Service Alliance of Canada v. Association of Public Service Financial Administrators and Social Science Employees Association, 2001 PSSRB 127, the Board certified the Professional Institute of the Public Service of Canada as the bargaining agent for the following bargaining unit:
[2] Pursuant to subsection 78.1(4) of the Public Service Staff Relations Act (the Act), the parties met to review the position of each employee in the bargaining unit, to determine whether any of them have safety or security duties as specified in subsection 78.1. By letter dated June 16, 2004, the employer, pursuant to subsection 78.1(6), provided the Board with a statement of the positions that the parties had determined have safety or security duties. Enclosed with the employer's letter was a diskette bearing identification PSSRB (the "diskette"), together with a Memorandum of Agreement, by which the parties agreed to the designation of the positions on the diskette. The employer advised the Board that the bargaining agent had been provided with a true copy of the diskette and a true printout of the contents of the diskette. The diskette is accepted by the Board as containing the list of all of the positions that, the parties now agree, have safety or security duties.
[3] Consequently, on the agreement of the parties and pursuant to subsection 78.1(6) of the Act, the Board hereby designates any positions that the parties agree have safety or security duties.
[4] Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of those positions, 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.
[5] On February 4, 2000, the parties applied for an extension of the time limit set out in section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (the Regulations), to a period of 30 days from the date of a request for conciliation pursuant to section 76 of the Act. Pursuant to section 6 of the Regulations, this request was granted by the Board, on February 7, 2000. It is understood that the extension granted by the Board will continue until such time as one or both parties rescind the application.
[6] 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, June 29, 2004.