Parliamentary Employment and Staff Relations Regulations (SOR/86-1140)

Regulations are current to 2014-12-08 and last amended on 2014-11-19. Previous Versions

PART IVPROCEDURE FOR REVOCATION OF CERTIFICATION

[SOR/2014-252, s. 15(F)]

Interpretation

 The following definitions apply in this Part.

“application”

“application” means an application for revocation of certification of a bargaining agent made under section 29 of the Act. (demande)

“terminal date”

“terminal date” means the day fixed by the Board, in accordance with paragraph 20(b), as the day by which specified actions with respect to an application shall be taken by the parties. (date limite)

  • SOR/2005-80, s. 7;
  • SOR/2014-252, s. 16.

Application of Other Provisions

 Sections 20, 22, 28 and 29 apply, with such modifications as the circumstances require, to proceedings under this Part.

Applications

 An application shall be filed with the Board in duplicate in Form 9.

  • SOR/2005-80, s. 7;
  • SOR/2014-252, s. 35.
  •  (1) An application made under section 29 of the Act shall be accompanied by all or part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.

  • (2) Any documentary evidence that does not accompany an application pursuant to subsection (1) shall be filed on or before the terminal date.

  • (3) Evidence of signification by employees that they no longer wish to be represented by the bargaining agent for the bargaining unit shall not be accepted by the Board unless the evidence is in writing signed by the employees.

  • SOR/91-462, s. 6.
  •  (1) If an application is made, the Board shall

    • (a) serve the bargaining agent with a copy of the application; and

    • (b) if the application is made by a person other than the employer, serve the employer with a copy of the application.

  • (2) The Board shall serve the employer with as many copies of the notice of the application as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.

  • (3) On receiving the copies, the employer shall immediately post them in conspicuous places where they are most likely to come to the attention of employees who may be affected by the application and leave them posted until the terminal date.

  • (4) Immediately after the terminal date, the employer shall file with the Board a statement that they have complied with subsection (3).

  • SOR/2005-80, s. 7;
  • SOR/2014-252, s. 17.

 Where an application is made, the bargaining agent and, if the application is made by a person other than the employer, the employer shall file with the Board a reply in duplicate in Form 11 not later than the terminal date.

  • SOR/2005-80, s. 3;
  • SOR/2014-252, s. 35.