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

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Marginal note:Application for leave to give notice to bargain collectively
  •  (1) Either party to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 84(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively.

  • Marginal note:When application may be made

    (2) The application must be made within 90 days after the day on which the order is made.

Marginal note:Application for leave to give notice to bargain collectively
  •  (1) If no application for an order under subsection 84(1) is made within the period specified in subsection 84(2), the new separate agency or any bargaining agent bound by a collective agreement or arbitral award that is continued in force by section 81 may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively.

  • Marginal note:When application may be made

    (2) The application may be made only during the period beginning 151 days and ending 240 days after the date of the conversion.

Marginal note:Notice to bargain given before conversion

 A notice to bargain collectively that was given before a conversion does not bind the new separate agency and a new notice to bargain collectively may be given only in the circumstances described in paragraph 89(b).

Marginal note:Duty to observe terms and conditions

 If a notice to bargain collectively was given before a conversion, then, unless the new separate agency and the bargaining agent agree otherwise, the terms and conditions of employment continued in force by section 107 are binding on the new separate agency, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the date of the conversion until

  • (a) the expiry of 150 days following the date of the conversion, if no application is made under paragraph 89(a); or

  • (b) if such an application is made, the day the notice referred to in paragraph 89(b) is given.

Marginal note:Application and notice to bargain

 If a notice to bargain collectively was given before a conversion,

  • (a) on application by the new separate agency or bargaining agent, made during the period beginning 120 days, and ending 150 days, after the date of the conversion, the Board must make an order determining

    • (i) whether the employees of the new separate agency who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and

    • (ii) which employee organization is to be the bargaining agent for the employees in each such unit; and

  • (b) if the Board makes the determinations under paragraph (a), the new separate agency or the bargaining agent may, by notice given under section 105, require the other to commence collective bargaining for the purpose of entering into a collective agreement.