Staff of the Non-Public Funds, Canadian Forces and Public Service Alliance of Canada

125-18-72

  • Before: Y. Tarte
  • Appearances: Decided without an oral hearing
  • Decision Rendered: 1997-06-30

Subject terms:

Decision review - Appropriateness of the bargaining unit - National Defence Headquarters, Ottawa - on October 4, 1982, the Board determined that all employees of the Staff of the Non-Public Funds, Canadian Forces (SNPF), in the Administrative Support Category employed at National Defence Headquarters at Ottawa under the direction and control of the Director General of Personnel Services constituted a unit appropriate for collective bargaining and directed that a representation vote be taken - on November 1, 1982, the Board certified the Public Service Alliance of Canada (PSAC) as bargaining agent based on the results of the representation vote: 145-18-206, (1982) 2 PSSRB Decisions 33 - on October 4, 1982, the Board found that all employees of the SNPF in the Operational Category employed at National Defence Headquarters at Ottawa under the direction and control of the Director General of Personnel Services constituted a unit appropriate for collective bargaining and certified the PSAC as bargaining agent for that bargaining unit: 146-18-207, (1982) 2 PSSRB Decisions 33 - SNPF sought a merger of these bargaining units - PSAC did not oppose the application - Board noted that at the time it determined the bargaining units, subsection 33(3) of the Public Service Staff Relations Act (PSSRA) prohibited it from determining that a unit which contained employees from more than one occupational category constituted a unit appropriate for collective bargaining - however, that restriction no longer applies as subsection 33(3) and the definition of "occupational category" contained in section 2 of the PSSRA have been repealed - accordingly, pursuant to section 27 of the PSSRA, the Board amended the afore-mentioned decisions insofar as they relate to the determination of the appropriate bargaining units and found that the following bargaining unit was appropriate for collective bargaining: all employees of the SNPF in the Administrative Support Category and the Operational Category employed at National Defence Headquarters at Ottawa under the direction and control of the Director General of Personnel Services - accordingly, the Board revoked the certificates issued to the PSAC for the bargaining units previously determined to be appropriate - the Board also certified the PSAC as bargaining agent for the new bargaining unit - a certificate will issue.

Application allowed.