Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp.))

Rights

Marginal note:Employment rights

• 5 (1) The purpose of this Part is to provide to certain persons employed in Parliamentary service collective bargaining and other rights in respect of their employment.

• Marginal note:Right of membership in employee organization

  (2) Every employee may be a member of an employee organization and may participate in the lawful activities of the employee organization of which the employee is a member.

• Marginal note:Right of employer

  (3) Nothing in this Part shall be construed to affect the right or authority of an employer to determine the organization of the employer and to assign duties and classify positions of employment.

Prohibitions

Marginal note:Employer participation in employee organization

• 6 (1) No person who is employed in a managerial or confidential capacity, whether or not the person is acting on behalf of the employer, shall participate in or interfere with the formation or administration of an employee organization or the representation of employees by such an organization.

• Marginal note:Discrimination against members and intimidation

  (2) Subject to subsection (3), no person shall

  • (a) refuse to employ, continue to employ or otherwise discriminate against any person in regard to employment or to any term or condition of employment, because the person is a member of an employee organization or was or is exercising any right under this Part;

  • (b) impose any condition on an appointment or in a contract of employment, or propose the imposition of any condition on an appointment or in a contract 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

  • (c) seek by intimidation, by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or any other penalty or by any other means to compel an employee

    • (i) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be, a member of an employee organization, or

    • (ii) to refrain from exercising any other right under this Part.

• Marginal note:Exception

  (3) No person shall be deemed to have contravened subsection (2) by reason of any act or thing done or omitted in relation to a person employed, or proposed to be employed, in a managerial or confidential capacity.

Marginal note:Discrimination against employee organization

• 7 (1) Except in accordance with this Part or any regulation, collective agreement or arbitral award, no person employed in a managerial or confidential capacity, whether or not the person acts on behalf of an employer, shall discriminate against an employee organization.

• Marginal note:Saving provision

  (2) Nothing in subsection (1) shall be construed to prevent a person employed in a managerial or confidential capacity from receiving representations from, or holding discussions with, the representatives of any employee organization.

Marginal note:Soliciting membership during working hours

8 Except with the consent of the employer affected, no officer or representative of an employee organization shall attempt, on the employer’s premises during the working hours of an employee, to persuade the employee to become, refrain from becoming, continue to be or to cease to be a member of an employee organization.

DIVISION IFederal Public Sector Labour Relations and Employment Board

Application of Certain Acts

Marginal note:Application

9 Unless otherwise provided in this Part, the provisions of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,

• (a) a reference to either of those Acts in any of those provisions shall be read as a reference to this Part; and

• (b) words and expressions used in those provisions that are defined by this Part shall have the meaning given to them by this Part.

Powers, Duties and Functions

Marginal note:Powers, duties and functions

10 The Board shall administer this Part and shall exercise the powers and perform the duties and functions that are conferred or imposed on it by, or are incidental to the attainment of the objects of, this Part including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board under this Part.

11 [Repealed, 2013, c. 40, s. 426]

Marginal note:Authority of Board to make regulations

• 12 (1) The Board may make regulations of general application respecting

  • (a) the manner in which persons shall be designated by an employer, or by the Board on objection thereto by a bargaining agent, to be persons described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3;

  • (b) the determination of units of employees appropriate for collective bargaining;

  • (c) the certification of bargaining agents for bargaining units;

  • (d) the hearing or determination of any matter relating to or arising out of the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee notwithstanding the revocation;

  • (e) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in the unit where there is any merger, amalgamation or transfer of jurisdiction between two or more such organizations;

  • (f) the establishment of rules of procedure for the hearings of an adjudicator;

  • (g) [Repealed, 2013, c. 40, s. 427]

  • (h) the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that any employees wish or do not wish to have that employee organization represent them as their bargaining agent;

  • (i) [Repealed, 2013, c. 40, s. 427]

  • (j) the authority vested in a council of employee organizations that shall be considered appropriate authority within the meaning of paragraph 19(2)(b); and

  • (k) any other matter that is incidental or conducive to the attainment of the objects of this Part.

• Marginal note:When regulations effective

  (2) Regulations of general application made under subsection (1) have effect on publication in the Canada Gazette.

Marginal note:Complaints

• 13 (1) The Board shall examine and inquire into any complaint made to it that an employer or an employee organization, or any person acting on behalf of an employer or employee organization, has failed

  • (a) to observe any prohibition contained in section 6, 7 or 8;

  • (b) to give effect to any provision of an arbitral award;

  • (c) to give effect to a decision of an adjudicator with respect to a grievance; or

  • (d) to comply with any regulation respecting grievances made by the Board pursuant to section 71.

• Marginal note:Order of Board directing compliance

  (2) Where under subsection (1) the Board determines that any person has failed to observe any prohibition, to give effect to any provision or decision or to comply with any regulation as described in that subsection, it may make an order, addressed to that person, directing the person to observe the prohibition, give effect to the provision or decision or comply with the regulation, as the case may be, or take such action as may be required in that behalf within such specified period as the Board may consider appropriate and,

  • (a) where that person has acted or purported to act on behalf of an employer, it shall direct its order as well to the employer; and

  • (b) where that person has acted or purported to act on behalf of an employee organization, it shall direct its order as well to the chief officer of that employee organization.

Marginal note:Where order not complied with

14 Where any order made under section 13 directs some action to be taken and is not complied with within the period specified in the order for the taking of that action, the Board shall cause a copy of its order, a report of the circumstances and all documents relevant thereto to be laid before each House of Parliament within fifteen days after the expiration of the period or, if that House is not then sitting, on any of the first fifteen days next thereafter on which that House is sitting.

Marginal note:Powers of Board in proceedings

15 The Board has, in relation to the hearing or determination of any proceeding before it, power

• (a) to (c) [Repealed, 2013, c. 40, s. 428]

• (d) to require an employer to post and keep posted in appropriate places any notices that the Board deems necessary to bring to the attention of any employees any matter or proceeding before the Board;

• (e) to enter on the premises of an employer for the purpose of conducting representation votes during working hours; and

• (f) to authorize any person to do anything that the Board may do under paragraphs (d) and (e) and to require the person to report to the Board on it.

Marginal note:Application of orders

16 Where under this Part the Board may make or issue any order or direction, prescribe any term or condition or do any other thing in relation to any person, the Board may do so, either generally or in any particular case or class of cases.

Marginal note:Review or amendment of orders

• 17 (1) Subject to subsection (2), the Board may review, rescind, amend, alter or vary any decision or order made by it, or may re-hear any application before making an order in respect thereof.

• Marginal note:Exception

  (2) Any rights acquired by virtue of any decision or order that is reviewed, rescinded, amended, altered or varied pursuant to subsection (1) shall not be altered or extinguished with effect from a day earlier than the day on which the review, rescission, amendment, alteration or variation is made.

DIVISION IICollective Bargaining and Collective Agreements

Certification of Bargaining Agents

Application for Certification

Marginal note:Application by employee organization

18 An employee organization seeking to be certified as bargaining agent for a group of employees that it considers constitutes a unit of employees appropriate for collective bargaining may, subject to section 21, apply in the manner prescribed to the Board for certification as bargaining agent for the proposed bargaining unit.

Marginal note:Application by council of organizations

• 19 (1) Where two or more employee organizations have come together to form a council of employee organizations, the council so formed may, subject to section 21, apply in the manner prescribed to the Board for certification as described in section 18.

• Marginal note:Conditions for certification of council

  (2) The Board may certify a council of employee organizations as bargaining agent for a bargaining unit where the Board is satisfied that

  • (a) the requirements for certification established by this Part are met; and

  • (b) each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

Marginal note:Council deemed to be employee organization

20 A council of employee organizations shall, for all purposes of this Part except subsection 19(2), be deemed to be an employee organization, and membership in any employee organization that is part of a council of employee organizations shall for the same purposes be deemed to be membership in the council.

When Application for Certification may be Made

Marginal note:Where agreement for term of not more than two years

• 21 (1) Where a collective agreement or an arbitral award is in force and is for a term of not more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only after the commencement of the last two months of its operation.

• Marginal note:Where agreement for term of more than two years

  (2) Where a collective agreement or an arbitral award is in force and is for a term of more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only

  • (a) after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation;

  • (b) during the two month period immediately preceding the end of each year that the agreement or award continues to operate after the second year of its operation; or

  • (c) after the commencement of the last two months of its operation.

• Marginal note:Where agreement is for indefinite term

  (3) Where a collective agreement referred to in subsection (1) or (2) provides that it will continue to operate after the term specified therein for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the collective agreement, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to whom the collective agreement applies at any time permitted by subsection (1) or (2), as the case may be, or during the two month period immediately preceding the end of each year that the collective agreement continues to operate after the term specified therein.

• Marginal note:Where no collective agreement or award in force

  (4) Where no collective agreement or arbitral award in respect of a bargaining unit is in force but an employee organization has been certified as bargaining agent for any of the employees in the bargaining unit, an employee organization may, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at an earlier time, apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit.