FPSLREB Decisions

REASONS FOR DECISION

Request before the Board

1         This is a companion decision to the 2019 FPSLREB 13 decision of the Federal Public Sector Labour Relations and Employment Board (“the Board”) concerning an application under s. 43 of the Federal Public Sector Labour Relations Act (FPSLRA). In that decision, the Board amended the description in the certification of the Professional Institute of the Public Service of Canada as bargaining agent for the Computer Systems (CS) Group.  The applicant, the Treasury Board, had also requested that the certificate of Unifor, Local 2182 (Unifor) for the Radio Operations (RO) group be amended to reflect minor consequential amendments to the RO occupational group definition.  The Board is of the view that, by this request, the applicant asked the Board to amend its decision in  National Automobile, Aerospace, Transportation and General Workers Union of Canada, Local 2182 (CAW Local 2182) v. Treasury Board,
2013 PSLRB 158.  This decision deals with the latter request.

2         Unifor was given notice of the application and did not respond.

The applicant’s submission

3         The applicant changed the CS occupational group name to the Information Technology (IT) Group, to reflect the evolution of the work and modern business requirements. The new group name, definition, and job evaluation standard are intended to ensure that the classification tools are relevant and modern and that they appropriately reflect the work carried out by the IT Group.

4         To maintain a clear delineation between the new IT Group definition and other groups specifically excluded from the CS Group, the definition of the RO Group was consequently amended. The consequential amendments do not change the current membership of the RO Group.

5         The new definition of the IT occupational group and the amended RO occupational group definition was published in Part I of the Canada Gazette on
June 2, 2018.  The applicant requested that the Board amend its description in the certification of Unifor for the RO group, to reflect the consequential changes to the RO group definition.

6         On August 24, 2018, as a result of this application, the applicant submitted a letter to the Federal Public Sector Labour Relations and Employment Board (“the Board”) withdrawing its December 11, 2014, application (FPSLREB File No. 525-02-59) to amend the RO certificate.

Reasons

7         Section 43 of the FPSLRA provides that the Board may review, rescind, or amend any of its orders or decisions.

8         Section 70(2) of the FPSLRA requires that bargaining units be co-extensive with the applicant’s occupational groups unless defining a unit in this way would not permit the satisfactory representation of employees. In such a case, the unit would not be appropriate for collective bargaining.

9         The current bargaining unit structure has been found appropriate for collective bargaining, which nothing in the requested change would alter.

10        As the applicant’s request meets the requirements of s. 70(2) of the FPSLRA, the applicant’s request is granted.

11        For all of the above reasons, the Board makes the following order:

Order

12        The decision regarding the certification of Unifor, Local 2182 for the Radio Operations Group, as set out in 2013 PSLRB 158,  is amended to read as follows:

All employees of the Employer in the Radio Operations Group as defined in Part I of the Canada Gazette of June 2, 2018.

Tous les fonctionnaires de l’employeur compris dans le groupe Radiotélégraphie, tel que défini à la Partie I de la Gazette du Canada du 2 juin 2018.

 February 1, 2019.