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

Marginal note:Duty to bargain in good faith

106. After the notice to bargain collectively is given, the bargaining agent and the employer must, without delay, and in any case within 20 days after the notice is given unless the parties otherwise agree,

• (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and

• (b) make every reasonable effort to enter into a collective agreement.

Marginal note:Duty to observe terms and conditions

107. Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or

• (a) if the process for the resolution of a dispute is arbitration, an arbitral award is rendered; or

• (b) if the process for the resolution of a dispute is conciliation, a strike could be declared or authorized without contravening subsection 194(1).

Marginal note:Appointment of mediator

• 108. (1) The Chairperson may at any time, if requested to do so or on his or her own initiative, appoint a mediator to confer with the parties to a dispute and to endeavour to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact-finding, subject to any direction that the Chairperson may give.

• Marginal note:Recommendations

  (2) At the request of the parties or the Chairperson, the mediator may make recommendations for settlement of the dispute.

Marginal note:Negotiation of single collective agreement

• 109. (1) Despite any other provision of this Part, the employer and one or more bargaining agents may jointly elect to engage in collective bargaining with a view to entering into a single collective agreement binding on two or more bargaining units.

• Marginal note:Election not changeable

  (2) If made, the election may not be changed until the single collective agreement is entered into.

Marginal note:Two-tier bargaining

• 110. (1) Subject to the other provisions of this Part, the employer, the bargaining agent for a bargaining unit and the deputy head for a particular department named in Schedule I to the Financial Administration Act or for another portion of the federal public administration named in Schedule IV to that Act may jointly elect to engage in collective bargaining respecting any terms and conditions of employment in respect of any employees in the bargaining unit who are employed in that department or other portion of the federal public administration.

• Marginal note:More than one department or portion

  (2) Collective bargaining under subsection (1) may relate to more than one department or other portion of the federal public administration if each of the deputy heads concerned elects to engage in the collective bargaining.

• Marginal note:Duty to bargain in good faith

  (3) The parties who elect to bargain collectively under subsection (1) must, without delay after the election,

  • (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and

  • (b) make every reasonable effort to reach agreement on the terms and conditions of employment in question.