Public Service Labour Relations Act (S.C. 2003, c. 22, s. 2)

Act current to 2014-11-25 and last amended on 2014-11-01. Previous Versions

Marginal note:When no objection filed

 If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position.

Marginal note:Membership dues
  •  (1) If an objection is filed under section 73, the employer must hold the amount that would otherwise be the membership dues in respect of the occupant of the position to which the objection relates until the Board makes an order declaring the position to be a managerial or confidential position, until it dismisses the application in respect of the position or until the objection is withdrawn, as the case may be.

  • Marginal note:Remission of dues to occupant of position

    (2) If the Board makes an order declaring the position to be a managerial or confidential position or the objection is withdrawn, the amount held by the employer under subsection (1) must be remitted to the person to whom it relates.

  • Marginal note:Remission of dues to bargaining agent

    (3) If the Board makes an order dismissing the application in respect of the position, the amount held by the employer under subsection (1) must be remitted to the bargaining agent.

Marginal note:Application for revocation of order
  •  (1) If the bargaining agent considers that a position is no longer a managerial or confidential position, the bargaining agent may apply to the Board for an order revoking the order that declared that position to be a managerial or confidential position.

  • Marginal note:Copy to employer

    (2) The bargaining agent must provide the employer with a copy of the application.

Marginal note:Decision
  •  (1) If an application is made under section 77, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is still a managerial or confidential position and, if it determines that it is not, make an order revoking the order that declared the position to be a managerial or confidential position.

  • Marginal note:Burden of proof on bargaining agent

    (2) The burden of proving that a particular position is no longer a managerial or confidential position is on the bargaining agent.

Successor Rights and Obligations

Marginal note:Mergers, amalgamations and transfers of jurisdiction
  •  (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award or otherwise.

  • Marginal note:Board to determine questions

    (2) If any question arises in respect of the merger, amalgamation or transfer of jurisdiction concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement or an arbitral award in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.

  • Marginal note:Inquiry and votes

    (3) Before making a determination on the application, the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the determination. The provisions of subsection 65(2) apply in relation to the taking of the vote.

  • 2003, c. 22, s. 2 “79”;
  • 2013, c. 40, s. 300.