Treasury Board and Public Service Alliance of Canada

172-2-884A and 886A

  • Before: Y. Tarte
  • Appearances: G. Hupé, for the Employer; D. Marshall, for the Bargaining Agent
  • Decision Rendered: 1997-09-30

Subject terms:

Excluded positions – Preliminary objection – Employer submitted additional ground for identification of the positions as managerial or confidential positions under section 5.1 of the Public Service Staff Relations Act immediately prior to the examination – employer had identified two positions for exclusion from the bargaining unit under a paragraph in section 5.1 of the Public Service Staff Relations Act (PSSRA) – the bargaining agent had duly objected to the identification under section 5.2 of the PSSRA – some 11 months later and immediately prior to the examination hearing, the employer attempted to identify the positions under an additional paragraph in section 5.1 – the bargaining agent submitted that the employer should be permitted to rely only on its original ground for identifying the positions – the Board indicated that there was nothing in the PSSRA which prohibited the employer from making additional proposals for identification following an initial submission – however, this was not an amendment but rather constituted a new proposal and must proceed as such – accordingly, when the employer proposed an additional ground for the identification of a position prior to the examination hearing, the examination should have been postponed, unless the parties otherwise agreed, and rescheduled to enable the examiner to deal with all the proposals for identification of the position at the same time – since that opportunity had not been officially given, the Board gave the parties 20 days from the date of this decision to advise the Board whether either side required an examination on the employer's additional proposal – if no such request was made by either party, the matter would be referred to the Board for determination on the basis of all grounds proposed by the employer.

Preliminary objection allowed in part.