FPSLREB Decisions

Bargaining unit - Determination of membership - Section 24 of the Parliamentary Employment and Staff Relations Act - Technical Group - Information technology (IT) support specialists - the Communications, Energy and Paperworkers Union of Canada (CEPUC) had been certified as the bargaining agent for all employees of the employer in the Technical Group: (442-HC-1); (1987) 11 PSSRB Decisions 66, (442-HC-1) (August 14, 1995) - the employer reviewed the job description of the Electronic Technician positions in the Electronics Subgroup of the Technical Group - as a result of that review, those positions became IT Support Specialist positions and were reclassified in the Administration Group, which is not represented by a bargaining agent - the CEPUC applied to have the employees occupying those positions included in the Technical Group bargaining unit - the employer opposed the application - the CEPUC asserted that the duties of the IT Support Specialist positions matched the Technical Group and Electronics Subgroup definitions - the employer responded that the IT Support Specialist positions better fitted the Administration Group definition - the employer put emphasis on the differences between the duties of IT Support Specialist positions and the Technical Group and Electronics Subgroup definitions - the Board found that a review of the job description did not establish conclusively whether the IT Support Specialist positions fall within the definition of either the Technical or Administration Group - the Board found however that the Technical Group definition better reflects the duties of the IT Support Specialists positions - the Board found comfort for this finding in the Position Rationale prepared by the employer in relation to the review and reclassification exercises. Application allowed. Cases cited:Federal Government Dockyards Trades v. Treasury Board (147-2-25).