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

Where Certification Prohibited

Marginal note:Where participation by employer in formation of employee organization

• 27 (1) The Board shall not certify as bargaining agent for a bargaining unit any employee organization in the formation or administration of which there has been or is, in the opinion of the Board, participation by the employer affected or any person acting on behalf of the employer of such a nature as to impair its fitness to represent the interests of employees in the bargaining unit.

• Marginal note:Where money received or paid for activities by political party

  (2) The Board shall not certify as bargaining agent for a bargaining unit any employee organization that

  • (a) receives from any of its members who are employees,

  • (b) handles or pays in its own name on behalf of members who are employees, or

  • (c) requires as a condition of membership therein the payment by any of its members of

  any money for activities carried on by or on behalf of any political party.

• Marginal note:Where discrimination by reason of race, etc.

  (3) The Board shall not certify as bargaining agent for a bargaining unit any employee organization that discriminates against any employee because of sex, race, national origin, colour or religion.

Effect of Certification

Marginal note:Effect of certification

• 28 (1) Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit, the employee organization has the exclusive right under this Part

  • (a) to bargain collectively on behalf of employees in the bargaining unit and to bind them by a collective agreement until its certification in respect of the bargaining unit is revoked; and

  • (b) to represent, in accordance with this Part, an employee in the presentation or reference to adjudication of a grievance relating to the interpretation or application of a collective agreement or arbitral award applying to the bargaining unit to which the employee belongs.

• Marginal note:Effect of certification on previously certified bargaining agent

  (2) Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit and another employee organization had been previously certified as bargaining agent in respect of employees in the bargaining unit, the certification of the previously certified bargaining agent is thereupon revoked in respect of those employees.

• Marginal note:Effect of certification on existing collective agreement or arbitral award

  (3) Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit and at the time of certification, a collective agreement or arbitral award binding on the employees in the bargaining unit is in force, the employee organization

  • (a) shall be substituted as a party to the agreement or award in place of the bargaining agent that had been a party thereto; and

  • (b) may, notwithstanding anything contained in the agreement or award, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, on two months notice to the employer affected given within one month from the certification.

• Marginal note:Rights of previous or new bargaining agent

  (4) In any case where subsection (2) or (3) applies, any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of that subsection shall, on application by the employer affected or the previous or the new bargaining agent, be determined by the Board.

Revocations of Certification

On Application

Marginal note:Application for declaration that employee organization no longer represents employees

• 29 (1) If a collective agreement or an arbitral award is in force in respect of a bargaining unit, any person claiming to represent a majority of the employees in the bargaining unit may, in accordance with subsection (2), apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees in the bargaining unit.

• Marginal note:When application may be made

  (2) An application under subsection (1) may be made

  • (a) where the collective agreement or arbitral award is for a term of not more than two years, only after the commencement of the last two months of its operation;

  • (b) where the collective agreement or arbitral award is for a term of more than two years, only after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation, during the two month period immediately preceding the end of each year that it continues to operate after the second year of its operation, or after the commencement of the last two months of its operation, as the case may be; and

  • (c) where the collective agreement 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 agreement or with a view to the making of a new collective agreement, at any time permitted by paragraph (a) or (b), as the case may be, or during the two month period immediately preceding the end of each year that the agreement continues to operate after the term specified therein.

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

  (3) If no collective agreement or arbitral award is in force in respect of a bargaining unit, any person claiming to represent a majority of the employees in the bargaining unit may, at any time after the 12-month period following the date of certification of the bargaining agent for that bargaining unit, apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees in the bargaining unit.

• Marginal note:Taking of representation vote

  (4) On an application under subsection (1) or (3), the Board in its sole discretion may direct the taking of a representation vote to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit, and in relation to the taking of such a vote the provisions of subsection 26(3) apply.

• Marginal note:Revocation of certification of employee organization

  (5) After hearing any application under subsection (1) or (3), the Board shall revoke the certification of an employee organization as bargaining agent for a bargaining unit if the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization.

For Abandonment or Other Cause

Marginal note:Abandonment of certification

• 30 (1) The Board shall revoke the certification of a bargaining agent where the bargaining agent advises the Board that it wishes to give up or abandon its certification or where the Board, on application by the employer or any employee affected, determines that the bargaining agent has ceased to act as bargaining agent.

• Marginal note:Revocation where certification prohibited under s. 27

  (2) Where the Board, on application to it by the employer or employee, determines that a bargaining agent would not, if it were an employee organization applying for certification, be certified by the Board by reason of a prohibition contained in section 27, the Board shall revoke the certification of the bargaining agent.

For Fraud

Marginal note:Certification obtained by fraud

• 31 (1) Where at any time the Board is satisfied that an employee organization has obtained certification as bargaining agent for a bargaining unit by fraud, the Board shall revoke the certification of the employee organization.

• Marginal note:Effect of revocation

  (2) An employee organization the certification of which is revoked pursuant to subsection (1) is not entitled to claim any right or privilege flowing from that certification, and any collective agreement or arbitral award applying to the bargaining unit for which it was certified, to which the employee organization was a party, is void.

Revocation of Certification of Council

Marginal note:Revocation of certification of council

• 32 (1) Where an employee organization that is a council of employee organizations has been certified as bargaining agent for a bargaining unit, the Board, on application to it by the employer affected or an employee organization that forms or has formed part of the council, shall revoke the certification of the council where it determines that the council no longer meets the additional requirements for certification required for a council of employee organizations by subsection 19(2) by reason of an alteration in the constituent membership of the council or any other circumstance.

• Marginal note:Subsection (1) is in addition to other circumstances

  (2) The circumstances set out in subsection (1) shall be in addition to the circumstances in which, pursuant to section 29, 30 or 31, the certification of a bargaining agent may be revoked.

Effect of Revocation: Rights of Employee Organizations and Employees

Marginal note:Effect of revocation

33 Where, at the time the certification of a bargaining agent for a bargaining unit is revoked, a collective agreement or arbitral award binding on the employees in that bargaining unit is in force, the agreement or award shall thereupon cease to be in effect, except where another employee organization is substituted as a party to the agreement or award on the revocation of that certification.

Marginal note:Determination of rights of bargaining agent

34 Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30 or 32, any question as to any right or duty of that bargaining agent or of any new bargaining agent replacing it shall, on application by either organization, be determined by the Board.

Marginal note:Direction

35 Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30, 31 or 32 and as a result thereof a collective agreement or arbitral award binding on the employees in the bargaining unit ceases to be in effect or a collective agreement or arbitral award applying to the bargaining unit is void, the Board shall, on application to it by or on behalf of any employee and in accordance with any regulations made by it in respect thereof, direct the manner in which any right acquired by, or determined by the Board to have accrued to, an employee that is affected by the revocation is to be recognized and given effect to.

Successor Rights

Marginal note:Mergers, amalgamations and transfers of jurisdiction

36 Where, on a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations otherwise than as a result of revocation of certification, any question arises concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement or arbitral award in respect of a bargaining unit or an employee therein, the Board, on application to it by any employee organization affected, shall examine the question and may, in accordance with any regulations made by it in respect thereof, declare or determine what rights, privileges and duties, if any, have been acquired or are retained, as the case may be, by that employee organization.

Negotiation of Collective Agreements

Notice to Bargain Collectively

Marginal note:Notice to bargain collectively

• 37 (1) Where the Board has certified an employee organization as bargaining agent for a bargaining unit, the bargaining agent, on behalf of the employees in the bargaining unit, may require the employer affected or the employer may require the bargaining agent, by notice in writing given in accordance with subsection (2), to commence bargaining collectively, with a view to the conclusion of a collective agreement.

• Marginal note:When notice may be given

  (2) Notice to bargain collectively may be given

  • (a) where no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part, at any time; and

  • (b) where a collective agreement or arbitral award is in force, within the period of two months before the agreement or award ceases to operate.

Where Notice Given

Marginal note:Commencement of collective bargaining

38 Where notice to bargain collectively has been given, the bargaining agent and the officers designated to represent the employer affected shall, without delay, but in any case within twenty days after the notice was given or within such further time as the parties may agree, meet and commence to bargain collectively in good faith and make every reasonable effort to conclude a collective agreement.

Marginal note:Continuation in force of terms and conditions

39 Where notice to bargain collectively has been given, any term or condition of employment applicable to the employees in the bargaining unit in respect of which the notice was given that may be embodied in a collective agreement and that was in force on the day the notice was given shall remain in force and shall be observed by the employer affected, the bargaining agent for the bargaining unit and the employees in the bargaining unit, except as otherwise provided by any agreement in that behalf that may be entered into by the employer and the bargaining agent, until such time as

• (a) a collective agreement has been entered into by the parties and no request for arbitration in respect of that term or condition of employment, or in respect of any term or condition of employment proposed to be substituted therefor, has been made in the manner and within the time prescribed therefor by this Part; or

• (b) a request for arbitration in respect of that term or condition of employment, or in respect of any term or condition of employment proposed to be substituted therefor, has been made in accordance with this Part and a collective agreement has been entered into or an arbitral award has been rendered in respect thereof.

Conciliation

Marginal note:Request for conciliation

40 Where an employer or a bargaining agent advises the Board by notice in writing of the inability of the parties to reach agreement on any term or condition of employment that may be embodied in a collective agreement and that it desires the assistance of a conciliator in reaching agreement, the Chairperson may appoint a conciliator who shall, forthwith after the appointment, confer with the parties and endeavour to assist them in reaching agreement.

Marginal note:Report of conciliator

41 A conciliator shall, within fourteen days from the date of his appointment or within such longer period as the Chairperson may determine, report his success or failure to the Chairperson.

Collective Agreements

Authority to Enter into Agreement

Marginal note:Authority of employer

42 An employer may enter into a collective agreement with the bargaining agent for a bargaining unit applicable to employees in that bargaining unit.

Provisions of Collective Agreement

Marginal note:Time within which agreement to be implemented

• 43 (1) The provisions of a collective agreement shall, subject to the appropriation by or under the authority of Parliament of any moneys that may be required, be implemented by the parties

  • (a) where a period within which the collective agreement is to be implemented is specified in the collective agreement, within that period; and

  • (b) where no period for implementation is specified in the collective agreement, within a period of ninety days from the date of its execution or, on application by either party to the agreement, within such longer period as may appear reasonable to the Board.

• Marginal note:Term or condition requiring legislative implementation

  (2) No collective agreement shall provide, directly or indirectly, for the alteration or elimination of any existing term or condition of employment or the establishment of any new term or condition of employment

  • (a) the alteration or elimination of which or the establishment of which, as the case may be, would require or have the effect of requiring the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating moneys required for its implementation; or

  • (b) that has been or after the coming into force of this Part is, as the case may be, established pursuant to the Government Employees Compensation Act or the Public Service Superannuation Act.

Duration and Effect

Marginal note:When agreement effective

• 44 (1) A collective agreement has effect in respect of a bargaining unit on and after

  • (a) where an effective date is specified, that day; and

  • (b) where no effective date is specified, the first day of the month next following the month in which the agreement is executed.

• Marginal note:Where no provision as to term of agreement

  (2) Where a collective agreement contains no provision as to its term, or is for a term of less than one year, the collective agreement shall be deemed to be for a term of one year from the day on and after which it has effect pursuant to subsection (1).

• Marginal note:Saving provision

  (3) Nothing in subsection (2) shall be construed as preventing the amendment or revision of any provision of a collective agreement, other than a provision relating to the term of the collective agreement, that, under the agreement, may be amended or revised during the term thereof.