Applying for an order to declare a position managerial or confidential

This practice note provides the information required from an employer to file a post-certification application for an order to declare a position managerial or confidential.

Under section 71 of the Federal Public Sector Labour Relations Act (FPSLRA), an employer may apply to the Federal Public Sector Labour Relations and Employment Board (FPSLREB) for an order declaring that any position of an employee in a bargaining unit for which a bargaining agent has been certified by FPSLREB is a managerial or confidential position on the grounds that the position is a position referred to in any of paragraphs 59(1)(a) to (h) of the FPSLRA.

Pursuant to section 33 of the Federal Public Sector Labour Relations Regulations (the Regulations), an application under section 71 of the FPSLRA must contain, for each position, the following information:

  • the position title, description, number and classification, the department or agency to which it belongs, the geographic location of the position and the name of the occupant of the position;
  • the paragraph in subsection 59(1) of the FPSLRA on which the employer relies in support of the application; and
  • if the employer relies on paragraph 59(1)(h) of the FPSLRA, the paragraphs [59(1)(b), (c), (d) or (f)] to which paragraph 59(1)(h) applies, together with the title, description, number and classification of the position in relation to which the duties and responsibilities of the occupant of the position to be excluded are alleged to be confidential.

The FPSLREB requests that the employer use a specific form to list the positions in both official languages that it considers to be managerial or confidential positions. That form is available to the employer upon request.

Key points

  • Under section 72 of the FPSLRA, the employer must provide the bargaining agent with a copy of the application.
  • Under section 73 of the FPSLRA, the bargaining agent may file an objection to any position referred to in the employer's application. Objections will be dealt with in a separate practice note.
  • Under section 75 of the FPSLRA, if no objection to the employer's application is filed or if an objection was filed by the bargaining agent and was subsequently withdrawn, the PSLRB will make an order declaring the position listed in the employer's application to be a managerial or confidential position.

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