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

Act current to 2016-05-12 and last amended on 2015-06-16. Previous Versions

DIVISION 14Prohibitions and Enforcement

Acts of Officers and Representatives of Employee Organizations

Marginal note:Acts deemed to be those of employee organization

 For the purposes of this Part, an act or thing done or omitted by an officer or representative of an employee organization within the scope of that person’s authority to act on the employee organization’s behalf is deemed to be an act or thing done or omitted by the employee organization.

Prohibitions Relating to Strikes

Marginal note:Declaration or authorization of strike prohibited
  •  (1) No employee organization shall declare or authorize a strike in respect of a bargaining unit, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of employees in such a strike, if

    • (a) the employee organization has not been certified by the Board as the bargaining agent for the bargaining unit;

    • (b) a collective agreement applying to the bargaining unit is in force;

    • (c) no collective agreement is in force, and no notice to bargain collectively has been given, in respect of the bargaining unit;

    • (d) no collective agreement is in force, and a notice to bargain collectively has been given, in respect of the bargaining unit, and no request for conciliation has been made under section 161;

    • (e) the process for resolution of a dispute applicable to the bargaining unit is arbitration;

    • (f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);

    • (g) to (j) [Repealed, 2013, c. 40, s. 322]

    • (k) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a public interest commission has not been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement, unless the employee organization has been notified under subsection 162(3) that a public interest commission will not be established;

    • (l) the employee organization, as bargaining agent for the bargaining unit, has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the employee organization to enter into or revise a collective agreement and less than seven clear days have elapsed since the date the notice was given under that subsection;

    • (m) a public interest commission has been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent;

    • (n) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute;

    • (o) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination;

    • (p) a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer;

    • (q) the employee organization has failed to conduct a secret ballot vote in accordance with section 184; or

    • (r) the employee organization has conducted a secret ballot vote in accordance with section 184 and

      • (i) it has not received the approval of a majority of the employees who voted, or

      • (ii) if it has received the approval of a majority of the employees who voted, more than 60 clear days, or any longer period that may be agreed to in writing by the employee organization and the employer, have elapsed since the vote was held.

  • Marginal note:Essential services

    (2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is designated under section 120, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of those employees in a strike.

  • 2003, c. 22, s. 2 “194”;
  • 2013, c. 40, s. 322.
Marginal note:Non-employees

 No person employed in the public service shall participate in a strike if the person is not an employee.

Marginal note:Participation prohibited

 No employee shall participate in a strike if the employee

  • (a) is not included in a bargaining unit for which a bargaining agent has been certified by the Board;

  • (b) is included in a bargaining unit in respect of which a collective agreement is in force;

  • (c) is included in a bargaining unit in respect of which no collective agreement is in force and for which no notice to bargain collectively has been given;

  • (d) is included in a bargaining unit in respect of which no collective agreement is in force and for which a notice to bargain collectively has been given and in respect of which no request for conciliation has been made under section 161;

  • (e) is included in a bargaining unit for which the process for resolution of a dispute is arbitration;

  • (f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);

  • (g) occupies a position that has been designated under section 120;

  • (h) to (k) [Repealed, 2013, c. 40, s. 323]

  • (l) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a public interest commission has not been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, unless the bargaining agent has been notified under subsection 162(3) that a public interest commission will not be established;

  • (m) is included in a bargaining unit in respect of which the bargaining agent for the bargaining unit has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the bargaining agent to enter into or revise a collective agreement and less than seven clear days have elapsed from the date the notice was given under that subsection;

  • (n) is included in a bargaining unit in respect of which a public interest commission has been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent;

  • (o) is included in a bargaining unit whose bargaining agent has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute;

  • (p) is included in a bargaining unit whose bargaining agent has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination;

  • (q) is included in a bargaining unit in respect of which a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer;

  • (r) is included in a bargaining unit whose bargaining agent has failed to conduct a secret ballot vote in accordance with section 184; or

  • (s) is included in a bargaining unit whose bargaining agent has conducted a secret ballot vote in accordance with section 184 and

    • (i) the bargaining agent has not received the approval of a majority of the employees who voted, or

    • (ii) if the bargaining agent has received the approval of a majority of the employees who voted and the bargaining agent has declared or authorized the strike after 60 clear days have elapsed, or after any longer period that may be agreed to in writing by the bargaining agent and the employer has elapsed, since the day the vote was held.

  • 2003, c. 22, s. 2 “196”;
  • 2013, c. 40, s. 323.
Marginal note:Right to strike limited during period between Parliaments
  •  (1) If a strike occurs or may occur during the period beginning on the date of a dissolution of Parliament and ending on the date fixed for the return of the writs at the next following general election and, in the opinion of the Governor in Council, the strike adversely affects or would adversely affect the national interest, the Governor in Council may during that period make an order deferring the strike during the period beginning on the day on which the order is made and ending on the twenty-first day following the date fixed for the return of the writs.

  • Marginal note:Tabling in Parliament

    (2) The Minister must cause a report giving the reasons for the order to be tabled in each House of Parliament within the first 10 days on which that House is sitting after the order is made.

  • Marginal note:Declaration or authorization of strike prohibited during deferred period

    (3) No employee organization shall declare or authorize, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of, a strike in respect of a bargaining unit in the period during which the strike is deferred by an order made under subsection (1).

  • Marginal note:Participation prohibited during deferred period

    (4) No employee shall participate in a strike in the period during which the strike is deferred by an order made under subsection (1).

 
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