Parliamentary Employment and Staff Relations Regulations

39 (1) Where, after the Board has certified an employee organization as bargaining agent for a bargaining unit, the employer wishes to designate any person in that bargaining unit described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3 of the Act, the employer shall file with the Board in duplicate a statement setting forth the name of the person whom the employer wishes so to designate, the person’s job description, classification, the subparagraph under which the person is to be designated and, where any such person is to be designated under subparagraph (iv), the position, title, job description and classification of the person to whom the position of employment of the person to be designated is confidential.

(2) Where a statement referred to in subsection (1) is filed, the Board shall serve a copy of that statement on the bargaining agent of the person to whom the statement applies.

(3) Where the bargaining agent referred to in subsection (2) objects to the designation of a person pursuant to subsection (1), the bargaining agent shall file with the Board, not later than 15 days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds for the objection.

(4) The time prescribed by subsection (3) may be extended either before or after the expiration of that time

• (a) by agreement of the parties; or

• (b) by the Board under section 9 in respect of any particular person or group of persons.