Marginal note:Request for conciliation
40. Where an employer or a bargaining agent advises the Board by notice in writing of the inability of the parties to reach agreement on any term or condition of employment that may be embodied in a collective agreement and that it desires the assistance of a conciliator in reaching agreement, the Chairperson may appoint a conciliator who shall, forthwith after the appointment, confer with the parties and endeavour to assist them in reaching agreement.
- R.S., 1985, c. 33 (2nd Supp.), s. 40;
- 2003, c. 22, s. 187(E).
Marginal note:Report of conciliator
41. A conciliator shall, within fourteen days from the date of his appointment or within such longer period as the Chairperson may determine, report his success or failure to the Chairperson.
- R.S., 1985, c. 33 (2nd Supp.), s. 41;
- 2003, c. 22, s. 187(E).
Authority to Enter into Agreement
Marginal note:Authority of employer
42. An employer may enter into a collective agreement with the bargaining agent for a bargaining unit applicable to employees in that bargaining unit.
Provisions of Collective Agreement
Marginal note:Time within which agreement to be implemented
43. (1) The provisions of a collective agreement shall, subject to the appropriation by or under the authority of Parliament of any moneys that may be required, be implemented by the parties
(a) where a period within which the collective agreement is to be implemented is specified in the collective agreement, within that period; and
(b) where no period for implementation is specified in the collective agreement, within a period of ninety days from the date of its execution or, on application by either party to the agreement, within such longer period as may appear reasonable to the Board.
Marginal note:Term or condition requiring legislative implementation
(2) No collective agreement shall provide, directly or indirectly, for the alteration or elimination of any existing term or condition of employment or the establishment of any new term or condition of employment
(a) the alteration or elimination of which or the establishment of which, as the case may be, would require or have the effect of requiring the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating moneys required for its implementation; or
Duration and Effect
Marginal note:When agreement effective
44. (1) A collective agreement has effect in respect of a bargaining unit on and after
(a) where an effective date is specified, that day; and
(b) where no effective date is specified, the first day of the month next following the month in which the agreement is executed.
Marginal note:Where no provision as to term of agreement
(2) Where a collective agreement contains no provision as to its term, or is for a term of less than one year, the collective agreement shall be deemed to be for a term of one year from the day on and after which it has effect pursuant to subsection (1).
Marginal note:Saving provision
(3) Nothing in subsection (2) shall be construed as preventing the amendment or revision of any provision of a collective agreement, other than a provision relating to the term of the collective agreement, that, under the agreement, may be amended or revised during the term thereof.
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