FPSLREB Decisions
Decision Information
The Association of Justice Counsel is the bargaining agent for all employees in the Law Group bargaining unit – the Board initiated a proceeding to amend its decision describing the bargaining unit of the bargaining agent to reflect recent changes to the occupational group name and definition as published by the Treasury Board in the Canada Gazette – the parties agreed – the Board ordered the decision amended in accordance with the published description.
Decision amended.
Decision Content
Federal Public Sector Labour Relations and Employment Board Act and Federal Public Sector Labour Relations Act
- Date: 20190220
- File:
525-02-39661
XR: 525-02-11, 542-02-01, 525-02-01 - Citation: 2019 FPSLREB 25
Before a panel of the Federal Public Sector Labour Relations and Employment Board
BETWEEN
ASSOCIATION OF JUSTICE COUNSEL
Bargaining Agent
and
TREASURY BOARD
Employer
Indexed as
Association of Justice Counsel v. Treasury Board
In the matter of a decision review under section 43 of the Federal Public Sector Labour Relations Act
- Before:
- Catherine Ebbs, a panel of the Federal Public Sector Labour Relations and Employment Board
- For the Bargaining Agent:
- Kathleen Terroux, counsel
- For the Employer:
- Drew Heavens
filed January 17 and 22, 2019.
REASONS FOR DECISION
Proceeding before the Board
1 This is a proceeding initiated by the Federal Public Sector Labour Relations and Employment Board (“the Board”) under section 43 of the Federal Public Sector Labour Relations Act to review its predecessor board’s decision in 2007 PSLRB 84 in order to amend the description of the bargaining unit for which the Association of Justice Counsel (AJC) was certified as the bargaining agent on April 28, 2006, as amended on August 14, 2007.
Summary of the evidence
2 The most recent decision pertaining to the certification of the AJC was 2007 PSLRB 84. In that decision, the former Public Service Labour Relations Board amended the certification of the AJC as the bargaining agent for the bargaining unit to read as follows:
...all employees in the LA Group as defined in Part I of the Canada Gazette of March 27, 1999, for which the Treasury Board is the employer who are not excluded from collective bargaining by law or determination of the Board.
3 The Canada Gazette published on July 26, 2014 (“the Gazette”), reported the notice provided by the Treasury Board to apply a new occupational group name and definition to what was formerly known as the Law Group. Part I of the Gazette sets out at page 1943 as follows:
The definition of the Law Group effective March 18, 1999, as published in Part I of the Canada Gazette on March 27, 1999, is replaced by the following definitions of the Law Management and Law Practitioner Groups effective December 9, 2010.
4 As a result of the change to the name of the occupational group and its definition, as published in the Gazette in 2014, the Board proposed to the parties to amend accordingly its decision in 2007 PSLRB 84. The parties each wrote to the Board indicating their agreement.
Reasons
5 For all of the above reasons, the Board makes the following order:
Order
6 The description in the certification of the AJC for the LA Group, set out in 2007 PSLRB 87, is amended to read as follows:
All employees of the Employer in the Law Practitioner Group, as defined in Part I of the Canada Gazette of July 26, 2014.
Tous les fonctionnaires de l’employeur compris dans le groupe Praticien du droit tel que défini à la Partie I de la Gazette du Canada du 26 juillet 2014.
7 A new certificate will be issued.
February 20, 2019.
Catherine Ebbs,
a panel of the Federal Public
Sector Labour Relations and Employment Board