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

Act current to 2014-10-27 and last amended on 2007-07-09. Previous Versions

Marginal note:Application by council of organizations
  •  (1) Where two or more employee organizations have come together to form a council of employee organizations, the council so formed may, subject to section 21, apply in the manner prescribed to the Board for certification as described in section 18.

  • Marginal note:Conditions for certification of council

    (2) The Board may certify a council of employee organizations as bargaining agent for a bargaining unit where the Board is satisfied that

    • (a) the requirements for certification established by this Part are met; and

    • (b) each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

Marginal note:Council deemed to be employee organization

 A council of employee organizations shall, for all purposes of this Part except subsection 19(2), be deemed to be an employee organization, and membership in any employee organization that is part of a council of employee organizations shall for the same purposes be deemed to be membership in the council.

When Application for Certification may be Made

Marginal note:Where agreement for term of not more than two years
  •  (1) Where a collective agreement or an arbitral award is in force and is for a term of not more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only after the commencement of the last two months of its operation.

  • Marginal note:Where agreement for term of more than two years

    (2) Where a collective agreement or an arbitral award is in force and is for a term of more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only

    • (a) after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation;

    • (b) during the two month period immediately preceding the end of each year that the agreement or award continues to operate after the second year of its operation; or

    • (c) after the commencement of the last two months of its operation.

  • Marginal note:Where agreement is for indefinite term

    (3) Where a collective agreement referred to in subsection (1) or (2) provides that it will continue to operate after the term specified therein for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the collective agreement, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to whom the collective agreement applies at any time permitted by subsection (1) or (2), as the case may be, or during the two month period immediately preceding the end of each year that the collective agreement continues to operate after the term specified therein.

  • Marginal note:Where no collective agreement or award in force

    (4) Where no collective agreement or arbitral award in respect of a bargaining unit is in force but an employee organization has been certified as bargaining agent for any of the employees in the bargaining unit, an employee organization may, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at an earlier time, apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit.