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

Act current to 2019-07-01 and last amended on 2018-11-26. Previous Versions

PART 1Labour Relations (continued)

DIVISION 5Bargaining Rights (continued)

Revocation of Certification (continued)

Marginal note:Revocation of certification

 If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

  • 2003, c. 22, s. 2 “96”
  • 2014, c. 40, s. 12
  • 2017, c. 12, s. 11

Marginal note:Certification obtained by fraud

 The Board must revoke the certification of an employee organization if the Board is satisfied that it was obtained by fraud.

Marginal note:Employer participation or discrimination

 The Board must revoke the certification of an employee organization as the bargaining agent for a bargaining unit if the Board, on application by the employer or any employee, determines that

  • (a) the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit; or

  • (b) the employee organization discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

Marginal note:Abandonment of certification

 The Board must revoke the certification of an employee organization if the employee organization advises the Board that it wishes to give up or abandon its certification or if the Board, on application by the employer or any employee, determines that the employee organization has ceased to act as bargaining agent.

Marginal note:Council of employee organizations

  •  (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1)(c) for a council of employee organizations.

  • Marginal note:Additional circumstances

    (2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99 and section 238.17.

  • 2003, c. 22, s. 2 “100”
  • 2017, c. 9, s. 13

Marginal note:Effect of revocation

  •  (1) Revocation of the certification of an employee organization certified as the bargaining agent for a bargaining unit has the following effects:

    • (a) subject to paragraph 67(c), any collective agreement or arbitral award that is binding on the employees in the bargaining unit ceases to be in force;

    • (b) subject to subsection (2), any rights or privileges flowing from the certification are terminated; and

    • (c) subject to paragraph 67(e), any essential services agreement that is in force in respect of positions in the bargaining unit ceases to be in force.

  • Marginal note:Determination of rights of bargaining agent

    (2) If the certification of an employee organization is revoked by the Board under section 96, any of sections 98 to 100 or section 238.17, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization.

  • 2003, c. 22, s. 2 “101”
  • 2013, c. 40, s. 301
  • 2017, c. 9, s. 14
  • 2018, c. 24, s. 5

Marginal note:Direction

 If a collective agreement or arbitral award ceases to be in force as a result of the revocation of an employee organization’s certification as the bargaining agent for a bargaining unit, the Board must, on application by or on behalf of any employee in the bargaining unit, by order, direct the manner in which any right of the employee is to be recognized and given effect.

DIVISION 6Choice of Process for Dispute Resolution

Marginal note:Choice of process

  •  (1) A bargaining agent for a bargaining unit must notify the Board, in accordance with the regulations, of the process it has chosen — either arbitration or conciliation — to be the process for the resolution of disputes to which it may be a party.

  • Marginal note:Recording of process

    (2) The Board must record the process chosen by the bargaining agent for the resolution of disputes.

  • Marginal note:Period during which process to apply

    (3) The process recorded by the Board applies to the bargaining unit for the resolution of all disputes from the day on which a notice to bargain collectively in respect of the bargaining unit is given after the process is chosen, and it applies until the process is changed in accordance with section 104.

  • 2003, c. 22, s. 2 “103”
  • 2013, c. 40, s. 302
  • 2018, c. 24, s. 6

Marginal note:Change of process

  •  (1) A bargaining agent for a bargaining unit that wishes to change the process for the resolution of a dispute that is applicable to the bargaining unit may apply to the Board, in accordance with the regulations, to record the change.

  • Marginal note:Recording of change

    (2) On receiving the application, the Board must record the change of process.

  • Marginal note:Effective date and duration

    (3) A change in the process for the resolution of a dispute becomes effective on the day that a notice to bargain collectively is given after the change is recorded and remains in force until the process is changed in accordance with this section.

  • 2003, c. 22, s. 2 “104”
  • 2013, c. 40, s. 302
  • 2018, c. 24, s. 6

DIVISION 7Collective Bargaining and Collective Agreements

Negotiation of Collective Agreements

Notice to Bargain Collectively

Marginal note:Notice to bargain collectively

  •  (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit and the process for the resolution of a dispute applicable to that bargaining unit has been recorded by the Board, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement.

  • Marginal note:When notice may be given

    (2) The notice to bargain collectively may be given

    • (a) at any time, if no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part; or

    • (b) if a collective agreement or arbitral award is in force, within the four months before it ceases to be in force.

  • (2.1) [Repealed, 2018, c. 24, s. 7]

  • Marginal note:Copy of notice to Board

    (3) A party that has given a notice to bargain collectively to another party must send a copy of the notice to the Board.

  • 2003, c. 22, s. 2 “105”
  • 2013, c. 40, s. 303
  • 2018, c. 24, s. 7
Effect of Notice

Marginal note:Duty to bargain in good faith

 After the notice to bargain collectively is given, the bargaining agent and the employer must, without delay, and in any case within 20 days after the notice is given unless the parties otherwise agree,

  • (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and

  • (b) make every reasonable effort to enter into a collective agreement.

Marginal note:Duty to observe terms and conditions

 Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or

  • (a) if the process for the resolution of a dispute is arbitration, an arbitral award is rendered; or

  • (b) if the process for the resolution of a dispute is conciliation, a strike could be declared or authorized without contravening subsection 194(1).

  • 2003, c. 22, s. 2 “107”
  • 2013, c. 40, s. 304
  • 2018, c. 24, s. 8
Mediation

Marginal note:Appointment of mediator

  •  (1) The Chairperson may at any time, if requested to do so or on his or her own initiative, appoint a mediator to confer with the parties to a dispute and to endeavour to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact-finding, subject to any direction that the Chairperson may give.

  • Marginal note:Recommendations

    (2) At the request of the parties or the Chairperson, the mediator may make recommendations for settlement of the dispute.

 
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