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

Act current to 2014-10-27 and last amended on 2014-04-01. Previous Versions

Duration and Operation of Arbitral Award

Marginal note:Binding effect

 Subject to and for the purposes of this Part, as of the day on which it is made, the arbitral award binds the employer and the bargaining agent that are parties to it and the employees in the bargaining unit in respect of which the bargaining agent has been certified. To the extent that it deals with matters referred to in section 12 of the Financial Administration Act, the arbitral award is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.

Marginal note:When arbitral award has effect
  •  (1) The arbitral award has effect as of the day on which it is made or, subject to subsection (2), any earlier or later day that the arbitration board may determine.

  • Marginal note:Limitation on retroactive effect

    (2) The arbitral award or any of its parts may be given retroactive effect, but not earlier than the day notice to bargain collectively was given.

  • Marginal note:Effect on previous collective agreement or award

    (3) If a provision of an arbitral award is to have retroactive effect, the provision displaces, for the retroactive period specified in the arbitral award, any term or condition of any previous collective agreement or arbitral award with which it is in conflict.

Marginal note:Term of arbitral award
  •  (1) The arbitration board must determine the term of the arbitral award and set it out in the arbitral award.

  • Marginal note:Factors

    (2) In determining the term of an arbitral award, the arbitration board must take the following into account:

    • (a) if a collective agreement applicable to the bargaining unit is in force or has been entered into but is not yet in force, the term of that collective agreement; or

    • (b) if no collective agreement applying to the bargaining unit has been entered into,

      • (i) the term of any previous collective agreement that applied to the bargaining unit, or

      • (ii) the term of any other collective agreement that it considers relevant.

  • Marginal note:Limitation on term

    (3) An arbitral award may not be for a term of less than one year or more than two years from the day on which it becomes binding on the parties, unless the arbitration board determines otherwise in any case where paragraph (2)(a) or (b) applies.

Implementation

Marginal note:Duty to implement provisions of the arbitral award

 Subject to the appropriation by or under the authority of Parliament of any money that may be required by the employer, the parties must implement the provisions of the arbitral award within 90 days after the day on which the award becomes binding on them or within any longer period that the parties may agree to or that the Board, on application by either party, may set.