Treasury Board and Social Science Employees Association (Canadian Transportation Agency)

172-2-957

  • Before: M-M. Galipeau
  • Appearances: R. Dionne, for the Employer; C. O'Brien, for the Bargaining Agent
  • Decision Rendered: 1997-02-17

Subject terms:

Excluded position - Paragraph 5.1(b) of the Public Service Staff Relations Act - Step in the grievance procedure - employer notified Manager, Rates Costing and Efficiencies, that he occupied a position identified as the first level of the grievance procedure and that, consequently, he was authorized to render a decision, on behalf of the employer, on grievances presented by employees under his supervision - employer notified the Public Service Staff Relations Board and the bargaining agent as required by subsection 5.2(2) of the Act of the identification of the position under paragraph 5.1(1)(b) of the Act - bargaining agent objected to the identification on the ground that there were only a small number of subordinate positions reporting to the Director who was the first step in the grievance procedure and thus that it was unwarranted that one of his subordinates also be identified as a first step in the grievance procedure for six employees out of a group of 20 employees - bargaining agent also objected on the ground that the applicable collective agreement specified that the first step in the grievance procedure must be the "first level of management" - bargaining agent was of the opinion that employee's position was not a "first level of management" - Board was satisfied on the evidence that the employer had effectively assigned to the position responsibility as the first level of the grievance procedure and that the occupant of the position was authorized to render a decision, on behalf of the employer, at the first level of the grievance procedure, on grievances presented by employees under his supervision - furthermore the evidence supported the conclusion that the position had the attributes of the first level of management.

Identification confirmed.