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

Marginal note:Powers, rights and privileges

32. A panel has all the powers, rights and privileges of the Board with respect to any matter assigned to the panel under this Part.

Marginal note:Chairperson of the panel

33. The chairperson of a panel that consists of three or more members is the Chairperson or, if the Chairperson is not a member of the panel, a Vice-Chairperson designated by the Chairperson.

Marginal note:Death or incapacity of member

• 34. (1) In the event of the death or incapacity of a member of a panel consisting of three or more members, other than the death or incapacity of the chairperson, the chairperson may determine any matter that was before the panel and the chairperson’s decision is deemed to be the decision of the panel.

• Marginal note:Death or incapacity of chairperson

  (2) In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of a single member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.

Marginal note:Decision of panel

• 35. (1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority of the members of the panel, the decision of the chairperson of the panel is the decision of the panel.

• Marginal note:Decision of Board

  (2) A decision of a panel is a decision of the Board.

Marginal note:Powers and functions of the Board

36. The Board administers this Act and it may exercise the powers and perform the functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, regulations made under it or decisions made in respect of a matter coming before the Board.

Marginal note:Provision of assistance to parties

37. The Board, or any member or employee of the Board designated by the Board, may, if the parties agree, assist the parties in resolving any issue in dispute at any stage of a proceeding by any means that the Board considers appropriate, without prejudice to its power to determine issues that have not been settled.

Marginal note:Delegation by Board

38. The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations.

Marginal note:Authority to make regulations

39. The Board may make regulations concerning

• (a) the certification of bargaining agents for bargaining units;

• (b) the determination of units appropriate for collective bargaining;

• (c) the time and manner of making applications under section 59, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications;

• (d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1)(c);

• (e) the manner of making applications under sections 71 and 77, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 71;

• (f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in a bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations;

• (g) the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation;

• (h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications;

• (i) the procedure for hearings;

• (j) the specification of the times within which notices, other than those referred to in subsections 130(1) and (2), and other documents are to be sent or given under this Part, the persons to whom they are to be sent or given and when they are deemed to have been sent, given or received;

• (k) the determination of the form in which, and the time as of which, the following evidence is to be presented to the Board on an application for certification or revocation of certification of a bargaining agent:

  • (i) evidence as to membership of employees in an employee organization,

  • (ii) evidence of objection by employees to certification of an employee organization, and

  • (iii) evidence of signification by employees that they no longer wish to be represented by an employee organization;

• (l) the circumstances in which evidence referred to in paragraph (k) may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received; and

• (m) any other matter that is incidental or conducive to the exercise of its powers, the performance of its functions or the attainment of the objects of this Part.