Government of Canada / Gouvernement du Canada
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Museums Act

Version of section 41 from 2002-12-31 to 2013-12-11:

Marginal note:Continuation of terms and conditions

  •  (1) Where, prior to the coming into force of this Act, notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees in the National Museums of Canada, the terms and conditions of employment that are continued on that coming into force, or that were last continued prior thereto, in respect of those employees by section 52 of the Public Service Staff Relations Act shall continue or resume in force thereafter and shall be observed by the museum in which those employees are employed, the bargaining agent for those employees and those employees until the requirements of paragraphs 89(1)(a) to (d) of the Canada Labour Code have been met, unless the museum and the bargaining agent agree otherwise.

  • Marginal note:Provisions applicable

    (2) The Public Service Staff Relations Act applies in all respects to the interpretation and application of any term or condition continued or resumed by subsection (1).

  • Marginal note:Order

    (3) On application by a museum or bargaining agent to which subsection (1) applies, made within thirty days after the coming into force of this Act, the Canada Industrial Relations Board shall make an order determining

    • (a) whether the employees in the museum represented by the bargaining agent constitute one or more units appropriate for collective bargaining; and

    • (b) which trade union shall be the bargaining agent for the employees in each such unit.

  • Marginal note:Notice to bargain

    (4) Where the Canada Industrial Relations Board has made an order under subsection (3), the museum, as employer, or the bargaining agent may, by notice, require the other to commence collective bargaining for the purpose of entering into a collective agreement.

  • Marginal note:Provisions applicable

    (5) Part I of the Canada Labour Code applies in respect of a notice given under subsection (4) as if the notice had been given under that Part.

  • 1990, c. 3, s. 41
  • 1998, c. 26, s. 76

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