2684-99-M City of Hamilton, Applicant v. Hamilton Professional Fire Fighters Association, Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; October 12, 2001
This is yet another decision arising from a dispute about the unusual provisions of the Fire Protection and Prevention Act (the “FPPA”). The issue the parties have asked the Board to determine is whether the Chief and Deputy Chiefs of the applicant’s fire department have been designated pursuant to subsection 54(4) of the FPPA. If they have been designated then there is no “question” about their status to be determined by the Board pursuant to subsection 54(2). The responding party (referred to as the “Association”) claims that they have been designated. The applicant (referred to as the “City”) claims that they have been excluded from the bargaining unit pursuant to an agreement of the parties and that the Board can make a determination with respect to them under section 54(2). The Association denies there is any such agreement.
The Board has considered the submissions of the parties and it is abundantly clear that the parties agree that the Chief and Deputy Chiefs are exercising managerial functions. Their dispute is about what, if any, mechanism, under the FPPA led to their exclusion from the bargaining unit. However, subsection 54(2) of the FPPA provides that the Board has the “jurisdiction to determine any question as to whether a person exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations”. In this case there is no question as to whether the Chief and Deputy Chiefs are exercising managerial functions. Both parties agree that they are. The Board will therefore not proceed with a hearing in respect to the Chief and Deputy Chiefs.
The hearing will continue on November 15 with respect to persons about whom there is a question as to whether they exercise managerial functions or are employed in a confidential capacity in matters relating to labour relations.
“Laura Trachuk”
for the Board