An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures

S.C. 2017, c. 9

Assented to 2017-06-19

An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures”.

SUMMARY

This enactment amends the Public Service Labour Relations Act to provide for a labour relations regime for members of the Royal Canadian Mounted Police and reservists. It provides a process for an employee organization to acquire collective bargaining rights for members and reservists and includes provisions that regulate collective bargaining, arbitration, unfair labour practices and grievances. It also amends the Royal Canadian Mounted Police Act to bar grievances related to the interpretation and application of a collective agreement or arbitral award, which are to be filed in accordance with the Public Service Labour Relations Act.

It changes the title of the Public Service Labour Relations Act and the Public Service Labour Relations and Employment Board Act and the name of the Public Service Labour Relations and Employment Board. It also amends that latter Act to increase the maximum number of full-time members of the Board and to require the Chairperson, when making recommendations for appointment, to take into account the need for two members with knowledge of police organizations.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2003, c. 22, s. 2Public Service Labour Relations Act

 The long title of the Public Service Labour Relations Act is replaced by the following:

An Act respecting labour relations in the federal public sector

 Section 1 of the Act is replaced by the following:

Marginal note:Short title

1 This Act may be cited as the Federal Public Sector Labour Relations Act.

Marginal note:2013, c. 40, s. 366(1)
  •  (1) The definitions Board, council of employee organizations and employee organization in subsection 2(1) of the Act are replaced by the following:

    Board

    Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act. (Commission)

    council of employee organizations

    council of employee organizations means a council formed by two or more employee organizations within the meaning of paragraph (a) of the definition employee organization or by two or more employee organizations within the meaning of paragraph (b) of that definition. (regroupement d’organisations syndicales)

    employee organization

    employee organization means

    • (a) in respect of employees who are not RCMP members or reservists, an organization of employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2; and

    • (b) in respect of employees who are RCMP members or reservists, an organization of those employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1, 2 and 2.1. (organisation syndicale)

  • (2) Paragraph (d) of the definition employee in subsection 2(1) of the Act is replaced by the following:

  • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    National Joint Council

    National Joint Council means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. (Conseil national mixte)

    RCMP member

    RCMP member, except in Division 2 of Part 2.1, means a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who is appointed to a rank. (membre de la GRC)

    reservist

    reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste)

  • Marginal note:2013, c. 40, s. 366(2)

    (4) Subsection 2(4) of the Act is replaced by the following:

    • Marginal note:Casual employment

      (4) For the purposes of paragraph (f) of the definition employee in subsection (1) and paragraph (e) of the definition employee in subsection 206(1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act.

  • (5) Section 2 of the Act is amended by adding the following after subsection (5):

    • Marginal note:Reference to employee organization

      (6) Unless the context otherwise requires, a reference to an employee organization includes a reference to a council of employee organizations, and a reference to an employee organization within the meaning of paragraph (a) or (b), as the case may be, of the definition employee organization in subsection 2(1) includes a reference to a council formed by two or more employee organizations within the meaning of that paragraph.

 The definition National Joint Council in subsection 4(1) of the Act is repealed.

 The Act is amended by adding the following after section 7:

Marginal note:Right of Commissioner of Royal Canadian Mounted Police preserved

7.1 Nothing in this Act is to be construed as affecting the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective.

Marginal note:2013, c. 40, s. 367

 Section 13 of the Act is replaced by the following:

Marginal note:Adjudication services

13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3.

Marginal note:2013, c. 40, s. 368

 Paragraph 39(m) of the Act is replaced by the following:

  • (m) any other matter that is incidental or conducive to the attainment of the objects of this Part or Division 1 of Part 2.1.

 Section 54 of the Act is replaced by the following:

Marginal note:Right to apply

54 Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay.

 The portion of section 56 of the Act before paragraph (a) is replaced by the following:

Marginal note:Continuation of terms and conditions

56 After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer is not authorized, except under a collective agreement or with the consent of the Board, to alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until

  •  (1) The portion of subsection 59(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Application
    • 59 (1) After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that

  • (2) Paragraph 59(1)(e) of the Act is replaced by the following:

    • (e) the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2 or Division 2 of Part 2.1;

Marginal note:2014, c. 40, s. 9

 Subsection 64(1) of the Act is replaced by the following:

Marginal note:Duty to certify employee organization
  • 64 (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent, the Board must, subject to this Part and Division 1 of Part 2.1, certify the employee organization as the bargaining agent for the unit.

 Section 70 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Limitation

    (3) Despite subsection (1), the Board is not permitted to review the structure of the bargaining unit determined under section 238.14.

 
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