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)
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Assented to 2017-06-19
2003, c. 22, s. 2Public Service Labour Relations Act (continued)
Marginal note:2013, c. 40, s. 300
12 Subsection 79(2) of the Act is replaced by the following:
Marginal note:Board to determine questions
(2) If any question arises in respect of the merger, amalgamation or transfer of jurisdiction concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.1 or under a collective agreement or an arbitral award in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.
13 Subsection 100(2) of the Act is replaced by the following:
Marginal note:Additional circumstances
(2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99 and section 238.17.
14 Subsection 101(2) of the Act is replaced by the following:
Marginal note:Determination of rights of bargaining agent
(2) If the certification of an employee organization is revoked by the Board under section 96, any of sections 98 to 100 or section 238.17, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization.
15 The portion of section 113 of the Act before paragraph (a) is replaced by the following:
Marginal note:Collective agreement not to require legislative implementation
113 A collective agreement that applies to a bargaining unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if
16 Section 114 of the Act is replaced by the following:
Marginal note:Agreement is binding
114 Subject to and for the purposes of this Part and Division 1 of Part 2.1, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 12 of the Financial Administration Act, the collective agreement is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.
17 Subsection 144(1) of the Act is replaced by the following:
Marginal note:Referral to arbitration
144 (1) Subject to sections 150 and 238.22, after establishing the arbitration board, the Chairperson must without delay refer the matters in dispute to the board.
18 The portion of subsection 150(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Award not to require legislative implementation
150 (1) An arbitral award that applies to a bargaining unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if
19 Section 154 of the Act is replaced by the following:
Marginal note:Binding effect
154 Subject to and for the purposes of this Part and Division 1 of Part 2.1, as of the day on which it is made, the arbitral award binds the employer and the bargaining agent that are parties to it and the employees in the bargaining unit in respect of which the bargaining agent has been certified. To the extent that it deals with matters referred to in section 12 of the Financial Administration Act, the arbitral award is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.
Marginal note:2013, c. 40, s. 310
20 Subsections 158.1(1) and (2) of the Act are replaced by the following:
Marginal note:Review
158.1 (1) Within seven days after the day on which an arbitral award is made, the Chairperson may direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.21, based on a full consideration of the written submissions provided to the arbitration board.
Marginal note:Review — application
(2) On application by either party to an arbitral award, made within seven days after the day on which the arbitral award is made, the Chairperson may, within seven days after the day on which the application is made, direct the arbitration board to review the arbitral award, or any part of it, if in the Chairperson’s opinion, the arbitral award, or any part of it, does not represent a reasonable application of the factors referred to in section 148 and, if applicable, the factor referred to in section 238.21, based on a full consideration of the written submissions provided to the arbitration board.
21 (1) The portion of subsection 186(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unfair labour practices — employer
186 (1) No employer, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall
(2) The portion of subsection 186(2) of the Act before subparagraph (a)(i) is replaced by the following:
Marginal note:Unfair labour practices — employer
(2) No employer, no person acting on the employer’s behalf, and, whether or not they are acting on the employer’s behalf, no person who occupies a managerial or confidential position and no person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer, shall
(a) refuse to employ or to continue to employ, or suspend, lay off, discharge for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment, or intimidate, threaten or otherwise discipline any person, because the person
(3) Subparagraphs 186(2)(a)(ii) to (iv) of the Act are replaced by the following:
(ii) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Part or Part 2 or 2.1,
(iii) has made an application or filed a complaint under this Part or Division 1 of Part 2.1 or presented a grievance under Part 2 or Division 2 of Part 2.1, or
(iv) has exercised any right under this Part or Part 2 or 2.1;
(4) Paragraph 186(2)(b) of the Act is replaced by the following:
(b) impose, or propose the imposition of, any condition on an appointment, or in an employee’s terms and conditions of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part or Part 2 or 2.1; or
(5) Subparagraphs 186(2)(c)(i) to (iii) of the Act are replaced by the following:
(i) testifying or otherwise participating in a proceeding under this Part or Part 2 or 2.1,
(ii) making a disclosure that the person may be required to make in a proceeding under this Part or Part 2 or 2.1, or
(iii) making an application or filing a complaint under this Part or Division 1 of Part 2.1 or presenting a grievance under Part 2 or Division 2 of Part 2.1.
(6) Paragraph 186(4)(a) of the Act is replaced by the following:
(a) if the employer or person is acting in accordance with this Part or Division 1 of Part 2.1, or a regulation, a collective agreement or an arbitral award; or
(7) Subsection 186(6) of the Act is replaced by the following:
Marginal note:Exception
(6) The employer or a person does not commit an unfair labour practice under any of paragraphs (1)(a) or (b) or (2)(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer.
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