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

Act current to 2019-09-10 and last amended on 2019-07-29. Previous Versions

PART 1Labour Relations (continued)

DIVISION 13Complaints

Marginal note:Complaints

  •  (1) The Board must examine and inquire into any complaint made to it that

    • (a) the employer has failed to comply with section 56 (duty to observe terms and conditions);

    • (b) the employer or a bargaining agent has failed to comply with section 106 (duty to bargain in good faith);

    • (c) the employer, a bargaining agent or an employee has failed to comply with section 107 (duty to observe terms and conditions);

    • (d) the employer, a bargaining agent or a deputy head has failed to comply with subsection 110(3) (duty to bargain in good faith);

    • (e) the employer or an employee organization has failed to comply with section 117 (duty to implement provisions of the collective agreement) or 157 (duty to implement provisions of the arbitral award);

    • (f) the employer, a bargaining agent or an employee has failed to comply with section 132 (duty to observe terms and conditions); or

    • (g) the employer, an employee organization or any person has committed an unfair labour practice within the meaning of section 185.

  • Marginal note:Time for making complaint

    (2) Subject to subsections (3) and (4), a complaint under subsection (1) must be made to the Board not later than 90 days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

  • Marginal note:Limitation on complaints against employee organizations

    (3) Subject to subsection (4), no complaint may be made to the Board under subsection (1) on the ground that an employee organization or any person acting on behalf of one has failed to comply with paragraph 188(b) or (c) unless

    • (a) the complainant has presented a grievance or appeal in accordance with any procedure that has been established by the employee organization and to which the complainant has been given ready access;

    • (b) the employee organization

      • (i) has dealt with the grievance or appeal of the complainant in a manner unsatisfactory to the complainant, or

      • (ii) has not, within six months after the date on which the complainant first presented their grievance or appeal under paragraph (a), dealt with the grievance or appeal; and

    • (c) the complaint is made to the Board not later than 90 days after the first day on which the complainant could, in accordance with paragraphs (a) and (b), make the complaint.

  • Marginal note:Exception

    (4) The Board may, on application to it by a complainant, determine a complaint in respect of an alleged failure by an employee organization to comply with paragraph 188(b) or (c) that has not been presented as a grievance or appeal to the employee organization, if the Board is satisfied that

    • (a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or

    • (b) the employee organization has not given the complainant ready access to a grievance or appeal procedure.

  • 2003, c. 22, s. 2 “190”
  • 2013, c. 40, s. 320
  • 2018, c. 24, s. 21

Marginal note:Duty and power of the Board

  •  (1) Subject to subsection (3), on receipt of a complaint made under subsection 190(1), the Board may assist the parties to the complaint to settle the complaint. If it decides not to do so or if the complaint is not settled within a period that the Board considers to be reasonable in the circumstances, it must determine the complaint.

  • Marginal note:Refusal to determine complaint involving collective agreement

    (2) The Board may refuse to determine a complaint made under subsection 190(1) in respect of a matter that, in the Board’s opinion, could be referred to adjudication under Part 2 or Division 2 of Part 2.1 by the complainant.

  • Marginal note:Burden of proof

    (3) If a complaint is made in writing under subsection 190(1) in respect of an alleged failure by the employer or any person acting on behalf of the employer to comply with subsection 186(2), the written complaint is itself evidence that the failure actually occurred and, if any party to the complaint proceedings alleges that the failure did not occur, the burden of proving that it did not is on that party.

  • 2003, c. 22, s. 2 “191”
  • 2017, c. 9, s. 24

Marginal note:Orders

  •  (1) If the Board determines that a complaint referred to in subsection 190(1) is well founded, the Board may make any order that it considers necessary in the circumstances against the party complained of, including any of the following orders:

    • (a) if the employer has failed to comply with section 107 or 132, an order requiring the employer to pay to any employee compensation that is not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee;

    • (b) if the employer has failed to comply with paragraph 186(2)(a), an order requiring the employer to

      • (i) employ, continue to employ or permit to return to the duties of their employment any person whom the employer or any person acting on the employer’s behalf has refused to employ or continue to employ, has suspended, transferred, laid off, discharged for the promotion of economy and efficiency in the Royal Canadian Mounted Police or otherwise discriminated against, or discharged contrary to that paragraph,

      • (ii) pay to any person affected by that failure compensation in an amount that is not more than, in the Board’s opinion, the remuneration that would, but for that failure, have been paid by the employer to that person, and

      • (iii) rescind any disciplinary action taken in respect of any person affected by that failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the person by the employer;

    • (c) if the employer has failed to comply with paragraph 186(2)(c), an order requiring the employer to rescind any action taken in respect of any employee affected by the failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the employee by the employer;

    • (d) if an employee organization has failed to comply with section 187, an order requiring the employee organization to take and carry on on behalf of any employee affected by the failure or to assist any such employee to take and carry on any proceeding that the Board considers that the employee organization ought to have taken and carried on on the employee’s behalf or ought to have assisted the employee to take and carry on;

    • (e) if an employee organization has failed to comply with paragraph 188(b) or (d), an order requiring the employee organization to reinstate or admit an employee as one of its members; and

    • (f) if an employee organization has failed to comply with paragraph 188(c), (d) or (e), an order requiring the employee organization to rescind any disciplinary action taken in respect of any employee affected by the failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the employee by the employee organization.

  • Marginal note:Person acting on behalf of employer

    (2) If the order is directed to a person who has acted or purported to act on behalf of the employer, the order must also be directed to the Secretary of the Treasury Board in the case of the core public administration and, in the case of a separate agency, to its deputy head.

  • Marginal note:Person acting on behalf of employee organization

    (3) If the order is directed to a person who has acted or purported to act on behalf of an employee organization, the order must also be directed to the chief officer of that employee organization.

  • 2003, c. 22, s. 2 “192”
  • 2013, c. 40, s. 321
  • 2017, c. 9, s. 25(E)
  • 2018, c. 24, s. 22

DIVISION 14Prohibitions and Enforcement

Acts of Officers and Representatives of Employee Organizations

Marginal note:Acts deemed to be those of employee organization

 For the purposes of this Part, an act or thing done or omitted by an officer or representative of an employee organization within the scope of that person’s authority to act on the employee organization’s behalf is deemed to be an act or thing done or omitted by the employee organization.

Prohibitions Relating to Strikes

Marginal note:Declaration or authorization of strike prohibited

  •  (1) No employee organization shall declare or authorize a strike in respect of a bargaining unit, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of employees in such a strike, if

    • (a) the employee organization has not been certified by the Board as the bargaining agent for the bargaining unit;

    • (b) a collective agreement applying to the bargaining unit is in force;

    • (c) no collective agreement is in force, and no notice to bargain collectively has been given, in respect of the bargaining unit;

    • (d) no collective agreement is in force, and a notice to bargain collectively has been given, in respect of the bargaining unit, and no request for conciliation has been made under section 161;

    • (e) the process for resolution of a dispute applicable to the bargaining unit is arbitration;

    • (f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice to enter into an essential services agreement has been given under section 122 by the employer or the employee organization, as bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit;

    • (g) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a notice to amend an essential services agreement has been given under section 126 by the employer or the employee organization, as bargaining agent for the bargaining unit, and

      • (i) the essential services agreement has not been amended as a result of that notice, or

      • (ii) if an application referred to in subsection 127(1) was made by the employer or the employee organization, the application has not been finally disposed of by the Board;

    • (h) the process for resolution of a dispute in respect of the bargaining unit is conciliation and less than 30 clear days have elapsed since

      • (i) the date an essential services agreement came into force in respect of the bargaining unit, or

      • (ii) the date an application referred to in subsection 123(1) made by the employer or the employee organization as bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made;

    • (i) the process for resolution of a dispute in respect of the bargaining unit is conciliation and the employer or the employee organization, as bargaining agent for the bargaining unit, has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since

      • (i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or

      • (ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made;

    • (j) an essential services agreement binding on the employee organization and the employer has been suspended by order under section 131;

    • (k) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a public interest commission has not been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement, unless the employee organization has been notified under subsection 162(3) that a public interest commission will not be established;

    • (l) the employee organization, as bargaining agent for the bargaining unit, has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the employee organization to enter into or revise a collective agreement and less than seven clear days have elapsed since the date the notice was given under that subsection;

    • (m) a public interest commission has been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent;

    • (n) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute;

    • (o) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination;

    • (p) a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer;

    • (q) the employee organization has failed to conduct a secret ballot vote in accordance with section 184; or

    • (r) the employee organization has conducted a secret ballot vote in accordance with section 184 and

      • (i) it has not received the approval of a majority of the employees who voted, or

      • (ii) if it has received the approval of a majority of the employees who voted, more than 60 clear days, or any longer period that may be agreed to in writing by the employee organization and the employer, have elapsed since the vote was held.

  • Marginal note:Essential services

    (2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is necessary under an essential services agreement for the employer to provide essential services, and no officer or representative of an employee organization shall counsel or procure the participation of those employees in a strike.

  • 2003, c. 22, s. 2 “194”
  • 2013, c. 40, s. 322
  • 2018, c. 24, s. 23
 
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