Applying to revoke an order declaring a position managerial or confidential

This practice note provides the information required from a bargaining agent when filing an application to revoke an order that declared a position to be managerial or confidential.

Under section 77 of the Federal Public Sector Labour Relations Act (FPSLRA), a bargaining agent may apply to the Federal Public Sector Labour Relations and Employment Board (FPSLREB) for an order revoking the order that declared a position to be a managerial or confidential position.

Pursuant to section 35 of the Public Service Labour Relations Board Regulations, an application under section 77 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 and the geographic location of the position; and
  • a statement of the grounds for the application for revocation.

The FPSLREB requests that the bargaining agent use a specific form to list the positions in both official languages that it considers to no longer be managerial or confidential positions. That form is available to the bargaining agent upon request.

Key points

  • Under subsection 77(2) of the FPSLRA, the bargaining agent must provide the employer with a copy of the application.
  • If the employer consents to the bargaining agent's application and files a consent with the FPSLREB, the FPSLREB will revoke the order that declared the position to be managerial or confidential.

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