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

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Marginal note:Taking of representation vote

 After the application is made, the Board may order that a representation vote be taken in order to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit. The provisions of subsection 65(2) apply in relation to the taking of the vote.

Marginal note:Revocation of certification

 If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

Marginal note:Certification obtained by fraud

 The Board must revoke the certification of an employee organization if the Board is satisfied that it was obtained by fraud.

Marginal note:Employer participation or discrimination

 The Board must revoke the certification of an employee organization as the bargaining agent for a bargaining unit if the Board, on application by the employer or any employee, determines that

  • (a) 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; or

  • (b) the employee organization discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

Marginal note:Abandonment of certification

 The Board must revoke the certification of an employee organization if the employee organization advises the Board that it wishes to give up or abandon its certification or if the Board, on application by the employer or any employee, determines that the employee organization has ceased to act as bargaining agent.

Marginal note:Council of employee organizations
  •  (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1)(c) for a council of employee organizations.

  • Marginal note:Subsection (1) in addition to other circumstances

    (2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99.

Marginal note:Effect of revocation
  •  (1) Revocation of the certification of an employee organization certified as the bargaining agent for a bargaining unit has the following effects:

    • (a) subject to paragraph 67(c), any collective agreement or arbitral award that is binding on the employees in the bargaining unit ceases to be in force; and

    • (b) subject to subsection (2), any rights or privileges flowing from the certification are terminated.

    • (c[Repealed, 2013, c. 40, s. 301]

  • Marginal note:Determination of rights of bargaining agent

    (2) If the certification of an employee organization is revoked by the Board under section 96 or any of sections 98 to 100, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization.

  • 2003, c. 22, s. 2 “101”;
  • 2013, c. 40, s. 301.