P.E.S.R.A. Regulations and Rules of Procedure (SOR/86-1140)

Regulations are current to 2014-10-27

PART IVPROCEDURE FOR REVOCATION OF CERTIFICATION

Interpretation

 In this Part,

“application”

“application” means an application for revocation of certification of a bargaining agent; (demande)

“terminal date”

“terminal date” means a day fixed by the Executive Director, pursuant to paragraph 20(b), by which time certain actions with respect to an application are to be taken by the parties. (date limite)

  • SOR/2005-80, s. 7.

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 Executive Director in duplicate in Form 9.

  • SOR/2005-80, s. 7.
  •  (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part of the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.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) Where an application is made, the Executive Director shall

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

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

  • (2) Where the Board so directs, the Executive Director shall serve the employer with an appropriate number of notices of application in Form 10 and the employer shall, immediately upon receipt thereof, post the notices and keep the notices posted until after the terminal date in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application.

  • SOR/2005-80, s. 7.

 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 Executive Director a reply in duplicate in Form 11 not later than the terminal date.

  • SOR/2005-80, s. 3.

General

 The Board may require the employer to file a list of employees in the bargaining unit, together with specimen signatures of the employees, in such form and manner and within such time as the Board considers advisable.