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

Marginal note:Representation vote

• 65. (1) The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent.

• Marginal note:Arrangements for vote

  (2) When the Board orders that a representation vote be taken, it must

  • (a) determine the employees who are eligible to vote; and

  • (b) make any arrangements and give any directions that it considers necessary for the proper conduct of the vote, including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes.

Marginal note:Employer participation

• 66. (1) The Board may not certify an employee organization as a bargaining agent if it is of the opinion that the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit for which it is proposed to be certified.

• Marginal note:Discrimination

  (2) The Board may not certify an employee organization as a bargaining agent if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

Marginal note:Effect of certification

67. Certification of an employee organization as the bargaining agent for a bargaining unit has the following effects:

• (a) the employee organization has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit;

• (b) the certification of any employee organization that was previously certified as the bargaining agent for any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees;

• (c) the employee organization is substituted as a party to any collective agreement or arbitral award that affects any employees in the bargaining unit, to the extent that the agreement or award relates to those employees, in the place of the bargaining agent named in the collective agreement or its successor;

• (d) the employee organization is deemed to be the bargaining agent for the purposes of section 107; and

• (e) the employee organization is substituted as a party to any essential services agreement that is in force, in the place of the bargaining agent named in the agreement or its successor.

Marginal note:Termination of existing collective agreement or arbitral award

68. An employee organization that is certified as the bargaining agent for a bargaining unit may, despite anything contained in any collective agreement or arbitral award that is binding on any employees in the bargaining unit on the day of certification, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, on two months’ notice to the employer given within one month from the day of certification.