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

Act current to 2014-07-22 and last amended on 2014-04-01. Previous Versions

Marginal note:Rights of previous or new bargaining agent

 Any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of paragraph 67(b) or (c) or section 68 must, on application by the employer or the previous or new bargaining agent, be determined by the Board.

Changes to Certification

Review of Bargaining Units

Marginal note:Review of structure of bargaining units
  •  (1) If the Board reviews the structure of one or more bargaining units, it must, in determining whether a group of employees constitutes a unit appropriate for collective bargaining, have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer.

  • Marginal note:Unit co-extensive with occupational groups

    (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.

Managerial or Confidential Positions

Marginal note:Application
  •  (1) The employer may apply to the Board for an order declaring that any position of an employee in a bargaining unit for which a bargaining agent has been certified by the Board is a managerial or confidential position on the grounds that the position is a position referred to in any of paragraphs 59(1)(a) to (h).

  • Marginal note:Content of application

    (2) The application must set out every position the employer considers to be a position referred to in any of paragraphs 59(1)(a) to (h).

Marginal note:Copy to bargaining agent

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

Marginal note:Objection

 If the bargaining agent considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board.

Marginal note:Decision on objection
  •  (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is a position referred to in any paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring 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 not a position referred to in any of paragraphs 59(1)(a) to (c) is on the bargaining agent.

  • Marginal note:Burden of proof on employer

    (3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer.