Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)

Act current to 2019-05-22 and last amended on 2018-11-26. Previous Versions

PART 1Labour Relations (continued)

DIVISION 9Arbitration (continued)

Request for Arbitration

Marginal note:Request for arbitration

  •  (1) Either party may, by notice in writing to the Chairperson, request arbitration in respect of any term or condition of employment that may be included in an arbitral award.

  • Marginal note:When request may be made

    (2) The request may be made

    • (a) at any time, if the parties have not entered into a collective agreement 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 a collective agreement is entered into by the parties, in any other case.

  • Marginal note:Contents of notice

    (3) The party requesting arbitration must

    • (a) specify in the notice every term or condition of employment in respect of which it requests arbitration and its proposals concerning the award to be made in respect of that term or condition; and

    • (b) annex to the notice a copy of the most recent collective agreement entered into by the parties.

  • Marginal note:Notice to other party

    (4) On receiving the notice, the Chairperson must send a copy to the other party.

  • Marginal note:Request for arbitration of additional matters

    (5) The other party may, within seven days after receiving the copy, by notice in writing to the Chairperson, request arbitration in respect of any other term or condition of employment that may be included in an arbitral award and that remained in dispute when the first request for arbitration was made.

  • Marginal note:Notice to include proposal

    (6) The party making the request under subsection (5) must specify in the notice its proposal concerning the award to be made in respect of every term or condition of employment in respect of which it requests arbitration.

Establishment of Arbitration Board

Marginal note:Establishment

  •  (1) On receiving a request for arbitration, the Chairperson must establish an arbitration board for arbitration of the matters in dispute.

  • Marginal note:Delay

    (2) The Chairperson may delay establishing an arbitration board until he or she is satisfied that the party making the request has bargained sufficiently and seriously with respect to the matters in dispute.

Marginal note:Constitution

 The arbitration board consists of either a single member or three members, appointed in accordance with section 139 or 140, as the case may be.

Marginal note:Board with single member

 If the parties jointly recommend the appointment of a person to be an arbitration board consisting of a single member, the Chairperson must appoint the person to be the arbitration board.

Marginal note:Board with three members

  •  (1) If either party requests that an arbitration board consisting of three members be established, the Chairperson must, by notice, require each of the parties, within seven days after receipt of the notice, to nominate a person to be a member of the arbitration board, and on receipt of the nominations, the Chairperson must appoint the nominated persons as members of the arbitration board.

  • Marginal note:Failure to nominate

    (2) If a party fails to nominate a person within the time provided for in subsection (1) or nominates a person who is not eligible for appointment, the Chairperson must appoint as a member of the arbitration board a person whom he or she considers suitable, and that person is deemed to have been appointed on the nomination of that party.

  • Marginal note:Appointment of chairperson nominated by parties

    (3) Within five days after the day on which the second member is appointed, the two members must nominate a third person who is eligible for appointment and ready and willing to act, to be chairperson and third member of the arbitration board, and the Chairperson must appoint that person as the chairperson and third member of the arbitration board.

  • Marginal note:Failure to nominate

    (4) If the two members fail to make a nomination under subsection (3) or they nominate a person who is not eligible for appointment, the Chairperson must, without delay, appoint as the chairperson and third member of the arbitration board a person whom he or she considers suitable.

Marginal note:Eligibility

 No person may act as a member of an arbitration board in respect of a matter referred to arbitration if the person has, at any time during the six months before the person’s date of appointment, acted in respect of any matter concerning employer-employee relations as counsel or agent of the employer or of any employee organization that has an interest in the matter referred to arbitration.

Marginal note:Notification of establishment

  •  (1) The Chairperson must, without delay, notify the parties of the establishment of the arbitration board and of the name or names of its member or members, as the case may be.

  • Marginal note:Effect of notification

    (2) The notification constitutes conclusive proof that the arbitration board has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment of the board or to review, prohibit or restrain any of its proceedings.

Marginal note:Death, incapacity or resignation of single member

  •  (1) In the event of the death, incapacity or resignation of the member of an arbitration board that consists of a single member before the arbitration board makes an arbitral award, the Chairperson must appoint another person in accordance with section 139. That person must recommence the arbitration proceedings from the beginning.

  • Marginal note:Vacancy — board with three members

    (2) If a vacancy occurs in the membership of an arbitration board that consists of three members before the arbitration board makes an arbitral award, the vacancy must be filled by the Chairperson by appointment in the manner provided in section 140 for the selection of the person in respect of whom the vacancy arose.

Referral to Arbitration

Marginal note:Referral to arbitration

  •  (1) Subject to sections 150 and 238.22, after establishing the arbitration board, the Chairperson must without delay refer the matters in dispute to the board.

  • Marginal note:Subsequent agreement

    (2) If, before an arbitral award is made, the parties reach agreement on any matter in dispute that is referred to arbitration and enter into a collective agreement in respect of that matter, that matter is deemed not to have been referred to the arbitration board and no arbitral award may be made in respect of it.

  • 2003, c. 22, s. 2 “144”
  • 2017, c. 9, s. 17

Duty and Powers

Marginal note:Assistance to parties

 As soon as possible after being established, the arbitration board must endeavour to assist the parties to the dispute in entering into or revising a collective agreement.

Marginal note:Procedure

  •  (1) Except as otherwise provided in this Part, the arbitration board may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations.

  • Marginal note:Quorum and absence of members

    (2) The chairperson of the arbitration board and one other member constitute a quorum in the case of an arbitration board consisting of three members but, in the absence of a member at any proceedings of the board, the other members may not proceed unless the absent member has been given reasonable notice of the proceedings.

Marginal note:Powers

  • 2003, c. 22, s. 2 “147”
  • 2013, c. 40, s. 371
  • 2017, c. 9, s. 56

Making of Arbitral Award

Marginal note:Factors to be considered

 In the conduct of its proceedings and in making an arbitral award, the arbitration board 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 arbitration board 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 “148”
  • 2013, c. 40, s. 307
  • 2018, c. 24, s. 10
 
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