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

Marginal note:Inquiry and votes

90. Before making an order under subsection 84(1) or paragraph 89(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order. The provisions of subsection 65(2) apply in relation to the taking of a vote.

Marginal note:Consideration of employer’s classification

• 91. (1) For the purposes of paragraphs 84(1)(a) and 89(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must 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.

Marginal note:Determination of questions of membership in bargaining units

92. On application by the new separate agency or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 84(1)(a) or 89(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit.

Marginal note:Employer participation

• 93. (1) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it is of the opinion that the new separate agency, or a person acting on behalf of the new separate agency, 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.

• Marginal note:Discrimination

  (2) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

Marginal note:When employee organization no longer represents employees

• 94. (1) Any person claiming to represent a majority of the employees in a bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit.

• Marginal note:When application may be made

  (2) The application may be made only during the period in which an application for certification of an employee organization may be made under section 55 in respect of employees in the bargaining unit.