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140-33-15 and 16 (2001 PSSRB 39)
Parks Canada Agency v. Professional Institute of the Public Service of Canada and Public Service Alliance of Canada
Before: Y. Tarte
Appearances: Decided without an oral hearing
Decision rendered: May 1, 2001
New separate employer – Successor rights – Bargaining unit – Determination – Bargaining agent – Certification – Collective agreement – Continuation in force – Section 48.1 of the Public Service Staff Relations Act – Parks Canada Agency (PCA) – Standing of bargaining agents to participate in proceedings – Representation vote – the PCA became a separate employer on December 21, 1998 – the Professional Institute of the Public Service of Canada (PIPSC) requested to be recognized as the bargaining agent of a bargaining unit comprised of all the bargaining units represented by the PIPSC or the Social Science Employee Association (SSEA) prior to the creation of the PCA – the PCA requested that all bargaining units in existence prior to the creation of the PCA be amalgamated into two, i.e. one for the employees involved in program delivery and the other, in program development – the Public Service Alliance of Canada (PSAC) requested to be recognized as the bargaining agent of a bargaining unit comprised of all the employees which it represented prior to the creation of the PCA, as well as of all the employees in the Social Science Support (SI) Group which were represented by the SSEA at that time – the Association of Public Service Financial Administrators requested to be recognized as the bargaining agent of all the employees in the Financial Management Group which it represented prior to the creation of the PCA – in an earlier decision, the Board had decided that a single bargaining unit for all of the employees of the PCA was the most appropriate option, ordered a representation vote by mail ballot, which included the names of both the PIPSC and the PSAC, and further ordered that all collective agreements continue into force and expire on the 60th day following the Board's decision certifying either the PIPSC or the PSAC as the bargaining agent for the new bargaining unit: 2000 PSSRB 109 (140-33-15 and 16), (2000) 38 PSSRB Summaries 1 – the result of the mail ballot was that a majority of the ballots cast were in favour of the PSAC – the Board certified the PSAC as the bargaining agent for a bargaining unit comprised of all the employees of the PCA.