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 1Labour Relations (continued)

DIVISION 4Federal Public Sector Labour Relations and Employment Board (continued)

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

 [Repealed, 2013, c. 40, s. 367]

Marginal note:Authority to make regulations

 The Board may make regulations concerning

  • (a) the certification of bargaining agents for bargaining units;

  • (b) the determination of units appropriate for collective bargaining;

  • (c) the time and manner of making applications under section 59, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications;

  • (d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1)(c);

  • (e) the manner of making applications under sections 71 and 77, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 71;

  • (f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in a bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations;

  • (g) the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation;

  • (h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications;

  • (i) to (k) [Repealed, 2013, c. 40, s. 368]

  • (l) the circumstances in which the following evidence may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received:

    • (i) evidence as to membership of employees in an employee organization,

    • (ii) evidence of objection by employees to certification of an employee organization, and

    • (iii) evidence of signification by employees that they no longer wish to be represented by an employee organization; and

  • (m) any other matter that is incidental or conducive to the attainment of the objects of this Part or Division 1 of Part 2.1.

  • 2003, c. 22, s. 2 “39”
  • 2013, c. 40, ss. 297, 368
  • 2017, c. 9, s. 6
  • 2018, c. 24, s. 2

 [Repealed, 2013, c. 40, s. 369]

 [Repealed, 2013, c. 40, s. 369]

Marginal note:Scope of orders

 In making an order or a decision, or doing any other thing in relation to any person under this Act, the Board may do so either generally or in any particular case or class of cases.

Marginal note:Review of orders and decisions

  •  (1) Subject to subsection (2), the Board may review, rescind or amend any of its orders or decisions, or may re-hear any application before making an order in respect of the application.

  • Marginal note:Exception

    (2) A right that is acquired by virtue of an order or a decision that is reviewed, rescinded or amended by the Board may not be altered or extinguished with effect from a day that is earlier than the day on which the review, rescission or amendment is made.

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

 [Repealed, 2013, c. 40, s. 298]

DIVISION 5Bargaining Rights

Certification of Bargaining Agents

Application for Certification

Marginal note:Right to apply

 Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay.

  • 2003, c. 22, s. 2 “54”
  • 2017, c. 9, s. 7

Marginal note:Agreements for term of two years or less

  •  (1) If a collective agreement, or an arbitral award, with a term of two years or less applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only after the commencement of the last two months of its term.

  • Marginal note:Agreements for term of more than two years

    (2) If a collective agreement, or an arbitral award, with a term of more than two years applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only

    • (a) after the commencement of the twenty-third month of its term and before the commencement of the twenty-fifth month of its term;

    • (b) during the two-month period immediately before the end of each year that the agreement or award continues to be in force after the second year of its term; or

    • (c) after the commencement of the last two months of its term.

  • Marginal note:Agreements for an indefinite term

    (3) If a collective agreement that applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent provides that it will continue to operate after the term specified in it for a further term or successive terms if either party fails to give to the other a notice of termination or a notice of its desire to bargain with a view to the renewal of the collective agreement, with or without modifications, the application for certification may be made

    • (a) at any time permitted by subsection (1) or (2), as the case may be; or

    • (b) during the two-month period immediately before the end of each year that the collective agreement continues to operate after the term specified in the collective agreement.

 
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