Treasury Board and Professional Institute of the Public Service of Canada

181-2-361

  • Before: Y. Tarte
  • Appearances: R. Snyder, for the Applicant; S. Waller, for the Respondent
  • Decision Rendered: 1997-06-23

Subject terms:

Designation of position having safety or security duties - Extension of time to refer positions in dispute to designation review panel pursuant to subsection 78.1(3) of the Public Service Staff Relations Act - initial designation proposals provided to bargaining agent on October 30, 1996 (diskette #1) contained all the positions the employer wished to have designated under section 78.1 of the Act, including 142 positions at the Department of National Defence (DND) - during discussion subsequent to October 30 the parties failed to reach any formal agreement on the positions in dispute - the employer than produced diskette #3 (prepared from diskette #1) which was intended to contain all the positions which remained in dispute for reference to a designation review panel in accordance with subsection 78.1(7) of the Act - the employer relied on its computers and assumed that the positions contained on diskette #3 were the same as those contained on diskette #1 - for some inexplicable reason 142 positions at DND were not contained on diskette #3 - Board satisfied that since no positions had been agreed to subsequent to October 30 it was not unreasonable for the employer to have relied on its computers to correctly reproduce on diskette #3 the positions that were contained on diskette #1 - in circumstances Board satisfied that the application should be allowed and the 142 DND positions referred to the designation review panel.

Application for extension of time allowed.