Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp.))

Marginal note:Abandonment of certification

• 30. (1) The Board shall revoke the certification of a bargaining agent where the bargaining agent advises the Board that it wishes to give up or abandon its certification or where the Board, on application by the employer or any employee affected, determines that the bargaining agent has ceased to act as bargaining agent.

• Marginal note:Revocation where certification prohibited under s. 27

  (2) Where the Board, on application to it by the employer or employee, determines that a bargaining agent would not, if it were an employee organization applying for certification, be certified by the Board by reason of a prohibition contained in section 27, the Board shall revoke the certification of the bargaining agent.

Marginal note:Certification obtained by fraud

• 31. (1) Where at any time the Board is satisfied that an employee organization has obtained certification as bargaining agent for a bargaining unit by fraud, the Board shall revoke the certification of the employee organization.

• Marginal note:Effect of revocation

  (2) An employee organization the certification of which is revoked pursuant to subsection (1) is not entitled to claim any right or privilege flowing from that certification, and any collective agreement or arbitral award applying to the bargaining unit for which it was certified, to which the employee organization was a party, is void.

Marginal note:Revocation of certification of council

• 32. (1) Where an employee organization that is a council of employee organizations has been certified as bargaining agent for a bargaining unit, the Board, on application to it by the employer affected or an employee organization that forms or has formed part of the council, shall revoke the certification of the council where it determines that the council no longer meets the additional requirements for certification required for a council of employee organizations by subsection 19(2) by reason of an alteration in the constituent membership of the council or any other circumstance.

• Marginal note:Subsection (1) is in addition to other circumstances

  (2) The circumstances set out in subsection (1) shall be in addition to the circumstances in which, pursuant to section 29, 30 or 31, the certification of a bargaining agent may be revoked.

Marginal note:Effect of revocation

33. Where, at the time the certification of a bargaining agent for a bargaining unit is revoked, a collective agreement or arbitral award binding on the employees in that bargaining unit is in force, the agreement or award shall thereupon cease to be in effect, except where another employee organization is substituted as a party to the agreement or award on the revocation of that certification.

Marginal note:Determination of rights of bargaining agent

34. Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30 or 32, any question as to any right or duty of that bargaining agent or of any new bargaining agent replacing it shall, on application by either organization, be determined by the Board.