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) - All employees of the Parks Canada Agency - in an earlier decision, the Board had designated, pursuant to subsection 78.1(6) of the PSSRA, the positions in the bargaining unit which the parties had agreed have safety or security duties: 2002 PSSRB 41 - 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 June 14, 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: 2004-05-10
- File: 181-33-495
- Citation: 2004 PSSRB 37
Before the Public Service Staff Relations Board
BETWEEN
Public Service Alliance of Canada
Bargaining Agent
and
Parks Canada Agency
Employer
| RE: | Designated Positions All employees of Parks Canada Agency |
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
[1] In Public Service Alliance of Canada v. Parks Canada Agency, 2002 PSSRB 41, the Board designated positions in the bargaining unit comprised of all employees of Parks Canada Agency, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act (the Act). Diskette PCA designations 2002 (the "old diskette") includes the list of all of the positions that the parties agreed had safety or security duties, as of that date.
[2] On April 29, 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 identification PARKS CANADA DESIGNATIONS 2004 (the "new 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 new diskette. The new diskette is accepted by the Board as including the list of all of the positions that 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 and the "Dated at..." portion of the Form, which is to be completed by the employer prior to notification.
[6] On April 29, 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 June 14, 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, May 10, 2004.