Treasury Board and Public Service Alliance of Canada

172-2-884A and 886A

  • Before: Y. Tarte
  • Appearances: G. Hupé, for the Employer; S. Copeland, for the Bargaining Agent
  • Decision Rendered: 1997-12-19

Subject terms:

Post-certification identification of managerial or confidential positions – Paragraphs 5.1(1)(b) and (d) of the Public Service Staff Relations Act – Management team – the employer identified the positions of Chief, Visitor Activities (GT-04) and General Works Manager (AS-03), both at Niagara National Historic Sites, Park Canada, as managerial or confidential positions pursuant to paragraphs 5.1(1)(b) and (d) of the Public Service Staff Relations Act (PSSRA) – the bargaining agent objected to the proposed exclusions – the employer argued that the concept of "substantial management duties, responsibilities and authority over employees" found in paragraph 5.1(1)(b) of the Act should be interpreted in light of the concept of "management team" elaborated by the Board – the employer alleged that the duties of both positions were managerial in nature – the bargaining agent responded that the simple fact of being a supervisor was not sufficient to justify exclusion – it also argued that the two positions did not give rise to serious conflict – the bargaining agent further submitted that the employer had an onus to organize its affairs so that its employees were not occasionally placed in a position of potential conflict of interest if that result could readily be avoided – the employer replied that the PSSRA no longer required conflict between duties and membership in a bargaining unit as a condition for exclusion – the Board decided that neither position qualified for exclusion under paragraph 5.1(1)(b) of the Act, as they did not have substantial management and authority over employees – the Board noted that the concept of "management team" had been developed in relation to paragraph 5.1(1)(d) of the Act – the Board stated that the right to membership in a bargaining unit should not be removed lightly and that an employer must arrange its affairs so as to minimize the need for exclusion – the Board decided that the incumbents of the two positions could not be considered to be an integral part of the management team.

Identifications rejected.

Case cited : PSAC and TB (Sisson) (176-2-287).