FPSLREB Decisions

[1]   In Public Service Alliance of Canada v. Canadian Food Inspection Agency, 2001 PSSRB 3, the Board designated positions in the bargaining unit consisting of all the employees of the employer other than those performing duties in positions which are or would be classified under the Veterinary Medicine (VM), Agriculture (AG), Biological Sciences (BI) (which includes the former Scientific Regulation (SG) Group), Chemistry (CH), Commerce (CO), Engineering and Land Survey (ELS), Purchasing and Supply (PG), Scientific Research (SE) and Economics, Sociology and Statistics (ES) Groups in the classification system of the Treasury Board and other than those performing duties in positions which are or would be classified in the Informatics (IN) (formerly the Computer Systems Administration (CS)) Group pursuant to subsection 78.1(6) of the Public Service Staff Relations Act (the Act). Diskette CFIA - PSAC Designations (the "old diskette") contains the list of all of the positions that the parties agreed had safety or security duties, as of that date.

[2]   On June 22, 2004, the employer advised the Board that the parties agreed to amend the list in the old diskette. Enclosed with the employer's letter was a Memorandum of Agreement, by which the parties agreed to amend the list in the old diskette, together with a new diskette bearing the identification CANADIAN FOOD INSPECTION AGENCY - 2004 - PSAC DESIGNATIONS (the "new diskette"). The employer advised the Board that the bargaining agent had been provided with a true printout of the contents of the new diskette. The new 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]   On the basis of the agreement of the parties, the Board hereby revokes the designation of any positions that appeared on the old diskette and that do not appear on the new diskette. 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]   On the agreement of the parties and pursuant to subsection 78.1(6) of the Act, the Board hereby designates any positions that appear on the new diskette and that did not appear on the old diskette.

[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 and the "Dated at..." portion of the Form, which is to be completed by the employer prior to notification.

[6]   On June 22, 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 (the Regulations), to the end of the 30^th calendar day following the date of a request for conciliation pursuant to section 76 of the Act. Pursuant to section 6 of the Regulations, this request is granted by the Board. It is understood that the extension granted by the Board will continue until such time as one or both parties rescind the application.

[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, July 7, 2004.