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) - Extension of time limit - Section 6 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (Regulations) - Program and Administrative Services Group - in an earlier decision, the Board had amended, pursuant to subsection 78.1(6) of the PSSRA, the list of positions in the bargaining unit which the parties had agreed have safety or security duties: 2001 PSSRB 75 - subsequently, the employer advised the Board that the parties had agreed to amend the list of the positions in the bargaining unit which have safety or security duties - accordingly, the Board revoked the designation of any positions that the parties agreed no longer had safety or security duties and the Forms 13 that had been issued in relation to them - pursuant to subsection 78.1(6) of the PSSRA, the Board designated any positions that the parties agreed had safety or security duties that were not previously designated - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform the employees occupying those additional 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 by August 9, 2004 - 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. Designations revoked. Positions designated.
Decision Content
Public Service Staff Relations Act
- Date: 2004-06-23
- File: 181-2-489
- Citation: 2004 PSSRB 73
Before the Public Service Staff Relations Board
BETWEEN
Public Service Alliance of Canada
Bargaining Agent
and
Treasury Board
Employer
RE: Designated Positions
Program and Administrative Services Group
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
[1] In Public Service Alliance of Canada v. Treasury Board, 2001 PSSRB 75, the Board designated positions in the Program and Administrative Services Group bargaining unit pursuant to subsection 78.1(6) of the Public Service Staff Relations Act (the Act). Diskette Table 1-11.zip (the "old diskette") includes the list of all of the positions which the parties agreed had safety or security duties as of that date.
[2] On June 11, 2004, the employer advised the Board that the parties agreed to amend the list in the old diskette. Enclosed with the employer's letter were a Memorandum of Agreement, by which the parties agreed to amend the list in the old diskette, together with four new diskettes bearing identification STATUS = "CUR", STATUS = "CHG", STATUS = "NEW" and STATUS = "DEL" (the "new diskettes"). The employer advised the Board that the bargaining agent had been provided with a true printout of the contents of the new diskettes. The new diskettes were accepted by the Board as including the list of all of the positions which the parties now agree have safety or security duties.
[3] Consequently, on the basis of the agreement of the parties, the Board hereby revokes the designation of any positions that the parties now agree no longer have safety or security duties, as the case may be. The Board also revokes the Forms 13 issued for those positions. The Board directs the employer to return forthwith any Forms 13 still in its possession and that have not been distributed to employees in those positions. Furthermore, the employer is to make every reasonable effort to obtain any Forms 13 that may have been so distributed to employees in those positions. The bargaining agent is to cooperate in this regard. The Board will destroy the Forms 13 when returned by the employer.
[4] Further, 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 now agree have safety or security duties that were not previously designated, as the case may be.
[5] 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, the "Dated at..." portion of the Form, and in some cases the department or bargaining agent, which is to be completed by the employer prior to notification.
[6] On June 16, 2004, 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 (Regulations), to August 9, 2004. Pursuant to section 6 of the Regulations, this request is granted by the Board. Thereafter, future occupants of a designated position shall be notified within 30 days of the date on which they first occupy the position.
[7] 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 23, 2004.