PART IStaff Relations (continued)
DIVISION IICollective Bargaining and Collective Agreements (continued)
Collective Agreements (continued)
Marginal note:Binding effect of agreement
45 A collective agreement is, subject to and for the purposes of this Part, binding on the employer affected, on the bargaining agent that is a party thereto and its constituent elements, and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and after the day on and after which it has effect pursuant to subsection 44(1).
DIVISION IIIProvisions Applicable to Resolution of Disputes
Marginal note:Provisions applicable to resolution of dispute
46 Where an employer and the bargaining agent for a bargaining unit have bargained collectively in good faith with a view to concluding a collective agreement but have failed to reach agreement, sections 50 to 61 apply to the resolution of the dispute.
Marginal note:Board to appoint panels
47 (1) The Board shall appoint two panels, one panel to consist of at least three persons representative of the interests of the employers and the other to consist of at least three persons representative of the interests of employees.
Marginal note:Tenure of members of panels
(2) A member of a panel appointed by the Board under subsection (1) shall be appointed to hold office for such term as the Board considers appropriate.
(3) A person is not eligible to hold office as a member of a panel if the person is not eligible to be a member of the Board or, if the person is a member of the Board, unless the person is a member of the Board pursuant to a selection under section 48.
Marginal note:Board for arbitration
48 (1) In respect of each dispute referred to arbitration, the Board shall be deemed to consist, for the period of the arbitration proceedings and for the purposes of the arbitration only, of a member of the Board and two other persons, one each selected by the Board from each panel appointed under subsection 47(1).
Marginal note:Deemed membership on Board during arbitration proceedings
(2) A person selected by the Board from a panel under subsection (1) shall be deemed to be a member of the Board for the period of the arbitration proceedings in respect of which the person is selected.
Marginal note:Qualifications to serve on Board for arbitration
(3) No person shall act as a member of the Board in respect of a matter referred to arbitration if the person has at any time during the six months immediately preceding the day of the selection of that person under subsection (1) acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer affected or of any employee organization that has an interest in the matter referred to arbitration.
Marginal note:Chairperson may appoint outside arbitrator
49 (1) Notwithstanding anything in this Part, if the Chairperson considers it advisable to do so, the Chairperson may appoint an arbitrator in place of the Board in respect of any matters in dispute referred to arbitration under this Part.
(2) A person is not eligible to be appointed as an arbitrator under subsection (1) if the person
Marginal note:Powers of arbitrator
(3) An arbitrator appointed under this section has all the powers of the Board set out in paragraph 15(d) of this Act and paragraphs 20(d) and (e) of the Federal Public Sector Labour Relations and Employment Board Act.
Marginal note:Sections 52 to 61 apply
(4) Sections 52 to 61 apply, with such modifications as the circumstances require, in respect of matters in dispute referred to an arbitrator appointed under subsection (1).
- R.S., 1985, c. 33 (2nd Supp.), s. 49
- 2003, c. 22, s. 187(E)
- 2013, c. 40, s. 429
- 2017, c. 9, s. 56
Request for Arbitration
Marginal note:Request for arbitration
50 (1) If the parties to collective bargaining have bargained collectively in good faith with a view to concluding a collective agreement but have been unable to reach agreement on any term or condition of employment of employees in the relevant bargaining unit that may be embodied in an arbitral award, either party may, by notice in writing to the Board given in accordance with subsection (2), request arbitration in respect of that term or condition of employment.
Marginal note:When notice may be given
(2) The notice referred to in subsection (1) may be given
(a) at any time, where no collective agreement has been entered into by the parties and no request for arbitration has been made by either party since the commencement of the bargaining; or
(b) not later than seven days after any collective agreement is entered into by the parties, in any other case.
Marginal note:Notice to be given
(3) Where arbitration is requested by notice under subsection (1), the party making the request shall
- R.S., 1985, c. 33 (2nd Supp.), s. 50
- 2013, c. 40, s. 430
Marginal note:Request for arbitration by other party
51 (1) If notice under section 50 is received by the Board from any party requesting arbitration, the Chairperson shall as soon as feasible send a copy of the notice to the other party, who shall within seven days after receipt of it advise the Chairperson, by notice in writing, of any matter, additional to the matters specified in the notice under section 50, that was a subject of negotiation between the parties during the period before the arbitration was requested but on which the parties were unable to reach agreement and in respect of which, being a matter that may be embodied in an arbitral award, that other party requests arbitration.
Marginal note:Notice to include proposal concerning award
(2) Where arbitration in respect of any matter is requested by notice under subsection (1), the party making the request shall include in the notice its proposal concerning the award to be made by the Board in respect thereof.
- R.S., 1985, c. 33 (2nd Supp.), s. 51
- 2013, c. 40, s. 431
Consideration of Dispute and Award
Marginal note:Matters constituting terms of reference
52 (1) Subject to section 55, the matters in dispute specified in the notice under section 50 and in any notice under section 51 constitute the terms of reference of the Board in relation to the request for arbitration and the Board shall, after considering the matters in dispute together with any other matter that the Board considers necessarily incidental to the resolution of the matters in dispute, render an arbitral award in respect thereof.
Marginal note:Where agreement subsequently reached
(2) Where, at any time before an arbitral award is rendered, the parties reach agreement on any matter in dispute referred to the Board under subsection (1) and enter into a collective agreement in respect thereof, the matters in dispute so referred to the Board shall be deemed not to include that matter and no arbitral award shall be rendered by the Board in respect thereof.
Marginal note:Factors to be taken into account by Board
53 In the conduct of proceedings before it and in rendering an arbitral award in respect of a matter in dispute, the Board shall consider
(a) the needs of the employer affected for qualified employees,
(b) the need to maintain appropriate relationships in the conditions of employment as between different grade levels within an occupation and as between occupations of employees,
(c) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered, and
(d) any other factor that to it appears to be relevant to the matter in dispute,
and, so far as consistent with the requirements of the employer, the Board shall give due regard to maintaining comparability of conditions of employment of employees with those that are applicable to persons in similar employment in the federal public administration.
- R.S., 1985, c. 33 (2nd Supp.), s. 53
- 2003, c. 22, s. 224(E)
53.1 [Repealed, 2003, c. 22, s. 186]
Marginal note:Parties to be heard
54 Subject to this Part, the Board shall, before rendering an arbitral award in respect of a matter in dispute, give full opportunity to both parties to present evidence and make submissions to it.
- Date modified: