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125-2-68 to 70
Public Service Alliance of Canada and Treasury Board and Professional Institute of the Public Service of Canada
Before: Y. Tarte, P. Chodos and M-M. Galipeau
Appearances: D. Dagger, for the Bargaining Agent; K. Willis, for the Employer; D. Butler, for the Intervenor
Decision rendered: February 11, 1997
Decision review - Applications pursuant to section 27 of the Public Service Staff Relation Act - Designated positions - Extension of time - the application for review of decision bearing Board file 181-2-350 was withdrawn at the hearing as the notices pursuant to section 78.5 of the Act had already been distributed to the incumbents of the designated positions identified in that decision - in two other decisions respecting the Educational Support Group and the Drafting and Illustration Group, the Board had given effect to the agreement of the parties as to the positions within the respective bargaining units that had safety or security duties pursuant to section 78.1 of the Act: 181-2-344 & 345; (1996) 30 PSSRB Decisions 27 - pursuant to section 78.5 of the Act, the Board had directed the employer to notify the employees occupying the designated positions in the manner and within the time specified in subsection 60(1) of the P.S.S.R.B. Regulations and Rules of Procedure, that is, within 30 days of the employer's being notified of the designation by the Board or of the employee first occupying the position - on the applications for review, the parties requested the Board to extend the time for the employer to notify the incumbents of the designated positions in accordance with section 6 of the Regulations - the Board granted the applications for review and directed the employer to inform an employee of the fact that he or she occupied a designated position within 30 days from the date of a request for conciliation pursuant to section 76 of the Act - thereafter future occupants of a designated position should be notified within 30 days of the date on which they first occupy the position - in addition, the Board undertook to provide the employer with a form 13 containing all the information required with the exception of the name of the incumbent of the designated position - however, the employer would be required to identify on the form the name of the employee who occupied the designated position at the relevant time as well as the date.