Public Service Labour Relations Board Regulations (SOR/2005-79)

Marginal note:Amendment

41. A person may file an application to amend an application for revocation of certification, reply or statement of opposition filed by that person.

Marginal note:Documentary evidence

• 42. (1) An application for revocation of certification shall be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.

• Marginal note:Deadline for supplementary documentary evidence

  (2) Any supplementary documentary evidence shall be filed on or before the closing date for the application.

Marginal note:Form of evidence

43. The documentary evidence that the bargaining agent no longer represents a majority of the employees in the bargaining unit shall be in writing and shall be signed by the employees supporting the application.

Marginal note:Employer — additional documentation

44. To verify that the bargaining agent no longer represents a majority of the employees in the bargaining unit, the Board may require the employer to file a list that identifies all of the employees in respect of whom the application is filed, along with either the specimen signatures of the employees, the home addresses of the employees, or both.

Marginal note:Representation votes

• 45. (1) If the Board appoints a returning officer to conduct a representation vote, the returning officer shall determine the validity of ballots in accordance with any directions given by the Board under subsection 65(2) of the Act and shall report the results of the vote to the Board.

• Marginal note:Appointment

  (2) The returning officer may appoint one or more employees of the Board, as required, to assist in the conduct of the vote, other than the tasks referred to in subsection (1).

Marginal note:Choice of dispute resolution process

46. A notice of the dispute resolution process chosen, referred to in subsection 103(1) of the Act, or an application to change the process for dispute resolution, referred to in subsection 104(1) of the Act, shall be submitted to the Board, in Form 7 of the schedule, by filing it with the Executive Director.

Marginal note:Request for arbitration

47. A request for arbitration under subsection 136(1) of the Act that is made to the Chairperson shall be filed in quintuplicate with the Executive Director in Form 8 of the schedule.

Marginal note:Other party’s proposals

• 48. (1) A party that receives a copy of a request for arbitration under subsection 136(1) of the Act may, no later than seven days after receipt of the copy, file in quadruplicate in Form 9 of the schedule its proposals concerning the arbitral award to be made in respect of any term or condition of employment in respect of which the arbitration was requested by the applicant.

• Marginal note:Request for arbitration of additional matters

  (2) A notice referred to in subsection 136(5) of the Act that is made to the Chairperson and that includes a request for arbitration of any other term or condition of employment and a proposal concerning the arbitral award to be made in respect of those other terms or conditions of employment shall be filed in quadruplicate in Form 9 of the schedule.