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

Representation Votes

Marginal note:Representation votes

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

DIVISION 2Choice of Dispute Resolution Process

Marginal note:Notice of choice of dispute resolution process

46 A notice of the choice of dispute resolution process under subsection 103(1) of the Act, must be filed with the Board, signed by the authorized representative of the bargaining agent and include

• (a) the name and contact information of the bargaining agent, the employer and their authorized representatives;

• (b) a detailed description of the bargaining unit in respect of which the choice is made; and

• (c) the dispute resolution process chosen.

Marginal note:Application to change the process

46.1 An application to change the applicable dispute resolution process, referred to in subsection 104(1) of the Act, must be filed with the Board and signed by authorized representative of the bargaining agent and must contain the following information:

• (a) the names and contact information of the bargaining agent, the employer and their authorized representatives;

• (b) a detailed description of the bargaining unit in respect of which the choice is made; and

• (c) the dispute resolution process last recorded by the Board and the desired change.

DIVISION 3Arbitration

Marginal note:Request for arbitration

47 A request for arbitration under subsection 136(1) of the Act that is made to the Chairperson must be filed with the Board and signed by the authorized representative of the requestor and must contain the following information:

• (a) the names and contact information of the requestor and its authorized representative;

• (b) the name and contact information of the other party to the dispute;

• (c) a detailed description of the bargaining unit in respect of which the request was made;

• (d) the date on which the notice to bargain collectively was given under section 105 of the Act;

• (e) the most recent date, before the date on which the notice to bargain collectively was given, on which the Board recorded a dispute resolution process chosen by the bargaining agent in relation to the bargaining unit;

• (f) the steps that have been taken, including the dates of meetings that have been held and the progress that has been made in collective bargaining, after the notice to bargain collectively was given;

• (g) the terms or conditions of employment for which arbitration is requested;

• (h) the proposals, in both official languages, concerning the arbitral award to be made in respect of the terms or conditions of employment;

• (i) any request for the establishment of an arbitration board consisting of three members under subsection 140(1) of the Act;

• (j) a copy of the most recent collective agreement; and

• (k) the date of the request for arbitration.

Marginal note:Other party’s response

• 48 (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 its response concerning the arbitral award to be made for any term or condition of employment in respect of which the arbitration was requested.

• Marginal note:Form and content

  (2) The response must be filed with the Board and signed by the authorized representative of the party filing its response and must contain the following information:

  • (a) the name and contact information of the party filing the response and its authorized representative;

  • (b) the name and contact information of the other party to the dispute;

  • (c) its proposals, in both official languages, concerning the arbitral award to be made in respect of the terms or conditions of employment for which arbitration was requested;

  • (d) any request for the establishment of an arbitration board consisting of three members under subsection 140(1) of the Act; and

  • (e) the date of the response.

• Marginal note:Request for arbitration of additional matters

  (3) A notice referred to in subsection 136(5) of the Act must be filed with the Board and signed by the authorized representative of the party filing the notice and contain the following information:

  • (a) the name and contact information of the party filing the notice and its authorized representative;

  • (b) the names and contact information of the other party to the dispute;

  • (c) the additional terms or conditions of employment for which arbitration is requested;

  • (d) the proposals of the party filing the notice, in both official languages, concerning the arbitral award to be made in respect of the additional terms and conditions of employment; and

  • (e) the date of the notice.

Marginal note:Applicant’s response

• 49 (1) The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 136(5) of the Act, file its response concerning the arbitral award to be made in respect of additional terms or conditions of employment referred to in paragraph 48(3)(c) for which arbitration was requested by the other party.

• Marginal note:Form and content

  (2) The response must be filed with the Board and signed by the authorized representative of the applicant and must contain the following information:

  • (a) proposals, in both official languages, concerning the arbitral award to be made in respect of the additional terms or conditions of employment for which arbitration was requested; and

  • (b) the date of the response.

Marginal note:Representations

50 If a party objects to the referral of a matter in dispute under subsection 144(1) of the Act to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the Chairperson must give the parties the opportunity to make representations on the matter before referring it to the arbitration board.

50.1 [Repealed, SOR/2020-43, s. 25]

DIVISION 4Conciliation

Marginal note:Request for conciliation

51 A request for conciliation under subsection 161(1) of the Act that is made to the Chairperson must be filed with the Board and signed by the authorized representative of the requestor and must contain the following information:

• (a) the names and contact information of the requestor and its authorized representative;

• (b) the name and contact information of the other party to the dispute;

• (c) a detailed description of the bargaining unit in respect of which the request is made;

• (d) the date on which the notice to bargain collectively was given under section 105 of the Act;

• (e) the most recent date, before the date on which the notice to bargain collectively was given, on which the Board recorded a dispute resolution process chosen by the bargaining agent in relation to the bargaining unit;

• (f) the steps that have been taken, including the dates of meetings that have been held and the progress that has been made in collective bargaining, after the notice to bargain collectively was given;

• (g) the terms or conditions of employment for which conciliation is requested;

• (h) the proposals concerning the report to be made in respect of the terms or conditions of employment;

• (i) any request for a public interest commission consisting of three members under subsection 164(2) of the Act;

• (j) a copy of the most recent collective agreement; and

• (k) the date of the request for conciliation.

Marginal note:Other party’s response

• 52 (1) A party that receives a copy of a request for conciliation under subsection 161(1) of the Act may, no later than seven days after receipt of the copy, file its response concerning the report to be made in respect of any term or condition of employment for which the conciliation was requested.

• Marginal note:Form and content

  (2) The response must be filed with the Board signed by the authorized representative of the party filing its response and must contain the following information:

  • (a) the names and contact information of the party filing the response and its authorized representative;

  • (b) the name and contact information of the other party to the dispute;

  • (c) the proposals concerning the report to be made in respect of the terms or conditions of employment for which conciliation was requested;

  • (d) any request for a public interest commission consisting of three members under subsection 164(2) of the Act; and

  • (e) the date of the response.

• Marginal note:Request for conciliation of additional matters

  (3) A notice referred to in subsection 161(4) of the Act must be filed with the Board and signed by the authorized representative of the party filing the notice and must contain the following information:

  • (a) the name and contact information of the party filing the notice and its authorized representative;

  • (b) the name and contact information of the other party to the dispute;

  • (c) the additional terms or conditions of employment for which conciliation is requested;

  • (d) the proposals concerning the report to be made in respect of the additional terms or conditions of employment; and

  • (e) the date of the notice.

Marginal note:Applicant’s response

• 53 (1) The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 161(4) of the Act, file its response concerning the report to be made in respect of additional terms or conditions of employment referred to in paragraph 52(3)(c) for which conciliation was requested by the other party.

• Marginal note:Form and content

  (2) The response must be filed with the Board and signed by the authorized representative of the applicant and contain the following information:

  • (a) the proposals concerning the report to be made in respect of the additional terms or conditions of employment referred to in paragraph 52(3)(c) for which conciliation was requested; and

  • (b) the date of the response.