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

Act current to 2019-06-20 and last amended on 2018-11-26. Previous Versions

PART 2.1Provisions Unique to the Royal Canadian Mounted Police (continued)

DIVISION 1Labour Relations (continued)

Certification of Bargaining Agents (continued)

Marginal note:Determination of unit

 If an application for certification is made under subsection 238.13(1), the Board must determine that the group that consists exclusively of all the employees who are RCMP members and all the employees who are reservists constitutes the single, national bargaining unit that is appropriate for collective bargaining.

  • 2017, c. 9, s. 33

Marginal note:Limitation

 An employee organization that is certified as the bargaining agent for the bargaining unit determined under section 238.14 is not entitled to seek to be certified as bargaining agent for any other group of employees.

  • 2017, c. 9, s. 33

Marginal note:Limitation

 Despite section 58, the Board does not have jurisdiction to determine that an employee who is not an RCMP member or a reservist is included in the bargaining unit determined under section 238.14.

  • 2017, c. 9, s. 33

Revocation of Certification

Marginal note:Mandate or affiliation

  •  (1) The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit determined under section 238.14 if the Board, on application by the employer or any employee in that bargaining unit, determines that the employee organization — or, in the case of a council of employee organizations, any employee organization forming part of the council — no longer has as its primary mandate the representation of employees who are RCMP members or that it is affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers.

  • Marginal note:Clarification

    (2) For greater certainty,

    • (a) for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers; and

    • (b) the circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 100.

  • 2017, c. 9, s. 33

Process for Dispute Resolution

Marginal note:Arbitration

 Sections 103 and 104 do not apply to disputes between the employer and the bargaining agent for the bargaining unit determined under section 238.14. The process for the resolution of those disputes is arbitration.

  • 2017, c. 9, s. 33

Restriction on Content of Collective Agreement

Marginal note:Restriction

 A collective agreement that applies to the bargaining unit determined under section 238.14 must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if

  • 2017, c. 9, s. 33

Essential Services, Conciliation and Strike Votes

Marginal note:Non-application of Divisions 8, 10 and 11 of Part 1

 Divisions 8, 10 and 11 of Part 1 do not apply in respect of the bargaining unit determined under section 238.14.

  • 2017, c. 9, s. 33

Arbitration

Marginal note:Arbitral award — additional factor

 In addition to the factors set out in section 148, the arbitration board may, if relevant to making a determination under that section in regards to a collective agreement that applies to the bargaining unit determined under section 238.14, take into account the impact of the determination on the operational effectiveness of the Royal Canadian Mounted Police.

  • 2017, c. 9, s. 33
  • 2018, c. 24, s. 26

Marginal note:Arbitral award — limitations

  • 2017, c. 9, s. 33

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the oath of secrecy referred to in subsection 238.07(5); and

  • (b) respecting the measures that are to be taken by the Board or a party to protect the information referred to in subsection 238.07(1) that the Board or the party has received from the RCMP Commissioner in connection with any matter or proceeding before the Board under this Division or Part 1 that concerns a person who is or was an RCMP member or a reservist, and respecting the disclosure of that information by the Board or the party to other persons or entities.

  • 2017, c. 9, s. 33

DIVISION 2Grievances

Individual Grievances

Marginal note:Limited right to grieve

 Subject to subsections 208(2) to (7), an employee who is an RCMP member is entitled to present an individual grievance only if they feel aggrieved by the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award.

  • 2017, c. 9, s. 33

Marginal note:Limited right to refer to adjudication

  •  (1) An employee who is an RCMP member may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction only if the grievance is related to the interpretation or application, in respect of the employee, of a provision of a collective agreement or arbitral award.

  • Marginal note:Agreement required

    (2) Before referring an individual grievance to adjudication, the employee must obtain the approval of their bargaining agent to represent the employee in the adjudication proceedings.

  • 2017, c. 9, s. 33

Adjournment of Proceedings

Marginal note:Prejudice to ongoing investigations or proceedings

  •  (1) An adjudicator or the Board must, on the request of the RCMP Commissioner or the employer, adjourn all proceedings in relation to any matter before the adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, if the adjudicator or the Board is satisfied that to continue those proceedings would prejudice an ongoing criminal investigation or an ongoing criminal or civil proceeding.

  • Marginal note:Maximum period of adjournment

    (2) No adjournment may be for a period of more than 90 days. However, the RCMP Commissioner or the employer may request more than one adjournment in relation to a matter.

  • 2017, c. 9, s. 33

Law Enforcement, Public Safety and National Security

Marginal note:Non-disclosure

  •  (1) The RCMP Commissioner may, in connection with any matter or proceeding before an adjudicator or the Board under this Division or Part 2 that concerns a person who is or was an RCMP member or a reservist, object to the disclosure to the adjudicator or the Board, as the case may be, or to a party of any information whose disclosure would, in that Commissioner’s opinion, be injurious to law enforcement, public safety or national security.

  • Marginal note:Notice of objection

    (2) If the RCMP Commissioner objects to the disclosure of information under subsection (1), he or she must, as soon as feasible, give written notice of the objection and the reasons for it to the adjudicator or the Board, as the case may be, and to the parties.

  • Marginal note:Other provisions do not apply

    (3) The RCMP Commissioner may object to the disclosure of information under subsection (1) despite any provision of this Act or the Federal Public Sector Labour Relations and Employment Board Act that would otherwise permit the adjudicator or the Board, as the case may be, to require that the information be disclosed.

  • Marginal note:Former judge

    (4) If the RCMP Commissioner objects to the disclosure of information under subsection (1), the Minister must, at the written request of the adjudicator or the Board, as the case may be, or a party, appoint a former judge of a superior court of a province or the Federal Court to review the information and to make an order under section 238.28.

  • Marginal note:Oath of secrecy

    (5) In order to be appointed, the former judge must obtain a security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation.

  • Marginal note:Notice of appointment

    (6) The Minister must provide notice to the adjudicator or the Board, as the case may be, to the parties and to the RCMP Commissioner when a former judge has been appointed in accordance with subsection (4). The adjudicator or the Board, as the case may be, the parties and the RCMP Commissioner may make their representations to the former judge only within 30 days after the day on which the notice is sent or any longer period, not more than 60 days after the day on which the notice is sent, that the former judge may permit.

  • Marginal note:Former judge to have access

    (7) The former judge is to have access to the information about which an objection is made under subsection (1) for the purposes of the review.

  • 2017, c. 9, s. 33
 
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