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

Act current to 2014-10-15 and last amended on 2014-04-01. Previous Versions

Amendments

Marginal note:Parties may amend

 Nothing in this Part prohibits parties from amending any provision of a collective agreement, other than a provision relating to its term.

Division 8Essential Services

Marginal note:Employer’s right to determine essential service
  •  (1) The employer has the exclusive right to determine whether any service, facility or activity of the Government of Canada is essential because it is or will be necessary for the safety or security of the public or a segment of the public.

  • Marginal note:Employer’s right

    (2) Nothing in this Act is to be construed as limiting the employer’s right under subsection (1).

  • 2003, c. 22, s. 2 “119”;
  • 2013, c. 40, s. 305.
Marginal note:Employer’s right to designate positions
  •  (1) The employer has the exclusive right to designate the positions in a bargaining unit that include duties that, in whole or in part, are or will be necessary for the employer to provide essential services, and the employer may exercise that right at any time.

  • Marginal note:Employer’s right

    (2) Nothing in this Act is to be construed as limiting the employer’s right under subsection (1).

  • 2003, c. 22, s. 2 “120”;
  • 2013, c. 40, s. 305.
Marginal note:Notice to bargaining agent
  •  (1) The employer must notify in writing a bargaining agent that represents a bargaining unit that the employer either has, or has not, under section 120 designated positions in the bargaining unit.

  • Marginal note:Identification of designated positions

    (2) If the notice is to the effect that the employer has designated positions, the notice must identify the designated positions.

  • Marginal note:When notice must be given

    (3) The notice must be given not later than three months before the first day on which a notice to bargain collectively may be given. However, in the case of an employee organization that is certified as the bargaining agent for a bargaining unit after the day on which this section comes into force, the notice must be given within 60 days after the certification.

  • Marginal note:Notice to Board

    (4) The employer must notify the Board of the date the notice was given under subsection (1) to the bargaining agent.

  • 2003, c. 22, s. 2 “121”;
  • 2013, c. 40, s. 305.
Marginal note:Consultations
  •  (1) If the notice under subsection 121(1) is to the effect that the employer has designated positions, the employer must, after giving the notice, without delay, begin consultations with the bargaining agent about the designated positions that are identified in the notice. Those consultations must end 60 days after the day on which the notice is given.

  • Marginal note:Employer’s determination

    (2) Within the 30 days that follow the end of the 60 days, the employer must notify the bargaining agent of the positions in the bargaining unit that the employer has or will designate under section 120.

  • 2003, c. 22, s. 2 “122”;
  • 2013, c. 40, s. 305.