PART 1Labour Relations (continued)
DIVISION 10Conciliation (continued)
Powers and Functions (continued)
Marginal note:Factors to be considered
175 In the conduct of its proceedings and in making a report to the Chairperson, the public interest commission must take into account the following factors, in addition to any other factors that it considers relevant:
(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians;
(b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the public interest commission considers relevant;
(c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;
(d) the need to establish compensation and other 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
(e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances.
- 2003, c. 22, s. 2 “175”
- 2013, c. 40, s. 316
- 2018, c. 24, s. 17
Marginal note:Report to Chairperson
176 (1) The public interest commission must submit a report to the Chairperson as to its success or failure in assisting the parties to the dispute and as to its findings and recommendations within 30 days after it is established, or within any longer period that may be agreed on by the parties or determined by the Chairperson.
(1.1) and (1.2) [Repealed, 2018, c. 24, s. 18]
Marginal note:Report to be signed
(2) The report must be signed by the chairperson of the public interest commission, or by the single member, as the case may be.
- 2003, c. 22, s. 2 “176”
- 2013, c. 40, s. 317
- 2018, c. 24, s. 18
Marginal note:Report not to require legislative implementation
177 (1) The report may not, directly or indirectly, recommend the alteration or elimination of any existing term or condition of employment, or the establishment of any new term or condition of employment, if
(a) the alteration, elimination or establishment would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for implementation;
(c) the term or condition relates to standards, procedures or processes governing the appointment, appraisal, promotion, deployment, rejection on probation or lay-off of employees; or
(d) in the case of a separate agency, the term or condition relates to termination of employment, other than termination of employment for a breach of discipline or misconduct.
Marginal note:Matters not negotiated
(2) The report of the public interest commission may not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before conciliation was requested.
Marginal note:Findings and recommendations of majority
178 (1) If the public interest commission consists of three members, the findings and recommendations of a majority of the members in respect of the matters in dispute are deemed to be those of the commission.
Marginal note:Findings and recommendations when majority cannot agree
(2) If a majority of members of the public interest commission cannot agree in respect of the commission’s findings and recommendations, the findings and recommendations of the chairperson of the commission in respect of the matters in dispute are deemed to be those of the commission.
Marginal note:Reconsideration of matters contained in report
179 The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of the report.
- 2003, c. 22, s. 2 “179”
- 2013, c. 40, s. 318
- 2018, c. 24, s. 19
Marginal note:Copy of report to be sent to parties
180 The Chairperson must, as soon as possible after receiving the report or, if the Chairperson makes a direction under section 179, as soon as possible after receiving the reconsidered report, send a copy to the parties and cause the report, or the reconsidered report, as the case may be, to be published in any manner that he or she considers appropriate.
Marginal note:Agreement to be bound
181 If, before the public interest commission submits its report to the Chairperson, the parties agree in writing that one or more recommendations to be made by the public interest commission in the report are to be binding on them, each such recommendation, once made, is binding on them and must be given effect.
Alternate Dispute Resolution Process
Marginal note:Alternate dispute resolution process
182 (1) Despite any other provision of this Part, the employer and the bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to.
Marginal note:Alternate process applicable only to terms referred to it
(2) If a term or condition is referred to a person for final and binding determination, the process for resolution of a dispute concerning any other term or condition continues to be conciliation.
Marginal note:Agreement not unilaterally changeable
(3) Unless both parties agree, the referral of a term or condition to a person for final and binding determination remains in force until the determination is made.
Marginal note:Form of determination
(4) The form of the final and binding determination must, wherever possible, permit the determination to be
(a) read and interpreted with, or annexed to and published with, a collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the determination applies; and
(b) incorporated into and implemented by any instrument that may be required to be made by the employer or the relevant bargaining agent in respect of the determination.
Marginal note:Binding effect
(5) The determination is binding on the employer, the bargaining agent and the employees in the bargaining unit and is deemed to be incorporated into any collective agreement binding on the employees in the bargaining unit in respect of which the determination applies or, if there is no such agreement, is deemed to be such an agreement.
(6) A person is not eligible to be appointed as a person who makes a final and binding determination under this section if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer or of any employee organization that has an interest in the term or condition referred for final and binding determination.
- 2003, c. 22, s. 2 “182”
- 2013, c. 40, s. 319
- 2018, c. 24, s. 20
Vote on Employer’s Offer
Marginal note:Minister may order vote to be held
183 (1) If the Minister is of the opinion that it is in the public interest that the employees in a bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the bargaining agent in respect of all matters remaining in dispute between the parties, the Minister may
(a) on any terms and conditions that the Minister considers appropriate, direct that a vote to accept or reject the offer be held by secret ballot as soon as possible among all of the employees in the bargaining unit; and
(b) designate the Board, or any other person or body, to be in charge of conducting that vote.
Marginal note:Vote does not delay right
(2) The direction that a vote be held, or the holding of that vote, does not prevent the declaration or authorization of a strike if the employee organization that is certified as the bargaining agent is not otherwise prohibited from making the declaration or authorization, nor does it prevent the participation in a strike by an employee if the employee is not otherwise prohibited from participating in the strike.
Marginal note:Consequences of favourable vote
(3) If a majority of the employees participating in the vote accept the employer’s last offer,
(a) the parties are bound by that offer and must, without delay, enter into a collective agreement that incorporates the terms of that offer; and
(b) any strike that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance must cease immediately, and the employees must return to work as soon as the employer determines that it is practicable for them to do so.
Marginal note:Powers respecting vote
(4) The Board or other person or body in charge of conducting the vote must determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.
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