Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Regulations are current to 2019-06-20 and last amended on 2017-06-19. Previous Versions

PART 1Labour Relations (continued)

DIVISION 1Certification (continued)

Procedure for Certification (continued)

Marginal note:Documentary evidence

  •  (1) An application for certification shall be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that a majority of the employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent.

  • Marginal note:Deadline for supplementary documentary evidence

    (2) Any supplementary documentary evidence shall be filed on or before the closing date for the application.

Marginal note:Council of employee organizations — documentary evidence

 If a council of employee organizations files an application for certification, the council shall, when the application is filed, file the documentary evidence on which the council intends to rely to satisfy the Board that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

Marginal note:Employer — additional documentation

 To verify that a majority of the employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent, the Board may require the employer to file a list that identifies all of the employees in respect of whom the application is filed, along with either the specimen signatures of the employees, the home addresses of the employees, or both.

Managerial or Confidential Positions

Marginal note:Application concerning managerial or confidential positions

  •  (1) An application under subsection 59(1) or 71(1) of the Act for an order declaring a position to be a managerial or confidential position shall set out, for each position,

    • (a) the position title, description, number and classification, the department or agency to which it belongs, the geographic location of the position and the name of the occupant of the position;

    • (b) the paragraph in subsection 59(1) of the Act on which the employer relies in support of the application; and

    • (c) if the employer relies on paragraph 59(1)(h) of the Act, the paragraphs to which paragraph 59(1)(h) applies, together with the title, description, number and classification of the position in relation to which the duties and responsibilities of the occupant of the position to be excluded are alleged to be confidential.

  • Marginal note:Time for filing

    (2) If an application in subsection (1) is made in the context of an application for certification, the application in subsection (1) shall be filed on or before the closing date for the application for certification.

Marginal note:Objection

  •  (1) An objection in respect of a position referred to in section 61 or 73 of the Act may be filed no later than 20 days after receipt of a copy of the application and shall set out

    • (a) the position title, description, number and classification, the department or agency to which it belongs and the geographic location of the position; and

    • (b) a statement of the grounds for the objection.

  • Marginal note:Copy of the objection

    (2) The employee organization filing the objection under (1) shall provide a copy of it to the employer.

Marginal note:Revocation of order

 An application for revocation of an order in respect of a position under subsection 77(1) of the Act shall set out

  • (a) the position title, description, number and classification, the department or agency to which it belongs and the geographic location of the position; and

  • (b) a statement of the grounds for the application for revocation.

Procedure for Revocation of Certification

Marginal note:Application for revocation of certification

 An application for revocation of certification under section 94, 98, 99 or 100 of the Act shall be filed in Form 5 of the schedule.

Marginal note:Closing date

 On receipt of the application for revocation of certification, the Board must

  • (a) fix a closing date that is a date that will allow sufficient time for the employees to be notified and for them to respond, considering the number of employees who are affected by the application for revocation of certification and the locations at which they are employed, and that is no less than 15 days and no more than 40 days after the day on which the application for revocation of certification is filed; and

  • (b) notify the bargaining agent and, if the applicant is a person other than the employer, the employer of the closing date.

  • SOR/2014-251, s. 14

Marginal note:Copies of notice to employees

  •  (1) The Board must provide the employer with as many copies of the notice of the application for revocation of certification as are necessary considering the number of employees who are affected by the application and the locations at which they are employed.

  • Marginal note:Posting of copies of notice

    (2) On receipt of the copies of the notice, an employer shall post them, until the closing date, in conspicuous places where they are most likely to come to the attention of the employees who are affected by the application.

  • Marginal note:Statement of compliance

    (3) Immediately after the closing date, the employer shall file a statement that the employer has complied with subsection (2).

  • SOR/2014-251, s. 15

Marginal note:Bargaining agent’s reply

  •  (1) A bargaining agent shall file a reply to the application for revocation of certification, on or before the closing date, in Form 6 of the schedule.

  • Marginal note:Attached document

    (2) The reply shall be accompanied by a copy of any collective agreement or arbitral award applicable to the employees who are affected by the application.

Marginal note:Statement of opposition

 If an employee or a group of employees is affected by an application for revocation of certification and is in opposition to it, the employee or group of employees may, on or before the closing date, file a statement of opposition in Form 4 of the schedule.

Marginal note:Amendment

 A person may file an application to amend an application for revocation of certification, reply or statement of opposition filed by that person.

Marginal note:Documentary evidence

  •  (1) An application for revocation of certification shall be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.

  • Marginal note:Deadline for supplementary documentary evidence

    (2) Any supplementary documentary evidence shall be filed on or before the closing date for the application.

Marginal note:Form of evidence

 The documentary evidence that the bargaining agent no longer represents a majority of the employees in the bargaining unit shall be in writing and shall be signed by the employees supporting the application.

Marginal note:Employer — additional documentation

 To verify that the bargaining agent no longer represents a majority of the employees in the bargaining unit, the Board may require the employer to file a list that identifies all of the employees in respect of whom the application is filed, along with either the specimen signatures of the employees, the home addresses of the employees, or both.

Representation Votes

Marginal note:Representation votes

  •  (1) If the Board appoints a returning officer to conduct a representation vote, the returning officer shall determine the validity of ballots in accordance with any directions given by the Board under subsection 65(2) of the Act and shall report the results of the vote to the Board.

  • Marginal note:Appointment

    (2) The returning officer may appoint one or more persons, as required, to assist in the conduct of the vote, other than in any tasks referred to in subsection (1).

  • SOR/2014-251, s. 16

DIVISION 2[Repealed, SOR/2014-251, s. 17]

 [Repealed, SOR/2014-251, s. 17]

DIVISION 3Arbitration

Marginal note:Request for arbitration

 A request for arbitration under subsection 136(1) of the Act that is made to the Chairperson must be filed with the Board in five copies in Form 8 of the schedule.

  • SOR/2014-251, s. 18

Marginal note:Other party’s proposals

  •  (1) A party that receives a copy of a request for arbitration under subsection 136(1) of the Act may, no later than seven days after receipt of the copy, file in quadruplicate in Form 9 of the schedule its proposals concerning the arbitral award to be made in respect of any term or condition of employment in respect of which the arbitration was requested by the applicant.

  • Marginal note:Request for arbitration of additional matters

    (2) A notice referred to in subsection 136(5) of the Act that is made to the Chairperson and that includes a request for arbitration of any other term or condition of employment and a proposal concerning the arbitral award to be made in respect of those other terms or conditions of employment shall be filed in quadruplicate in Form 9 of the schedule.

 
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