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Parliamentary Employment and Staff Relations Regulations (SOR/86-1140)

Regulations are current to 2020-10-05 and last amended on 2017-06-19. Previous Versions

PART IICertification Procedure (continued)

General

 Where an application is filed under section 21, the Board shall

  • (a) serve the employer named in the application with a copy of the application;

  • (b) fix a terminal date that is not less than 10 and not more than 30 days after the day on which the application is filed; and

  • (c) notify the parties of the date so fixed.

  • SOR/2005-80, s. 7
  • SOR/2014-252, ss. 10, 35

 An application shall be filed with the Board in duplicate in Form 4.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 Notwithstanding anything in this Part, the Board may dispose of an application without further notice to any person who has not filed a document in the proceeding on or before the terminal date in the manner prescribed by these Regulations.

  •  (1) The Board shall serve the employer with as many copies of the notice of the application as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.

  • (2) On receiving the copies, the employer shall immediately post them in conspicuous places where they are most likely to come to the attention of employees who may be affected by the application and leave them posted until the terminal date.

  • (3) Immediately after the terminal date, the employer shall file with the Board a statement that they have complied with subsection (2).

  • SOR/2014-252, s. 11

 An employer shall file with the Board a reply to the application in duplicate in Form 6 not later than the terminal date.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 The Board shall serve a copy of the application on each employee organization that it knows is claiming to represent any employees who may be affected by the application.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 12

 An employee organization that is served with a copy of the application or that claims to represent any of the employees who may be affected by the application shall file with the Board its intervention, if any, in duplicate in Form 7 not later than the terminal date.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35
  •  (1) An employee organization intending to apply for certification as the bargaining agent of any employees who may be affected by an application shall file with the Board in triplicate, not later than the terminal date fixed for the application pursuant to paragraph 20(b), an intervener’s application in Form 8.

  • (2) Paragraph 20(a) and section 23 apply to an intervener’s application with such modifications as the circumstances require.

  • (3) Paragraphs 20(b) and (c) do not apply to an intervener’s application unless the Board so directs.

  • SOR/91-462, s. 1
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 Any employee or group of employees affected by an application or intervener’s application and who wish to make representations to the Board in opposition to the application or intervener’s application shall file with the Board in writing a concise statement of opposition that

  • (a) is signed by the employee or each member of the group of employees;

  • (b) is accompanied by a return mailing address of the employee or a representative of the group of employees, as the case may be; and

  • (c) is filed not later than the terminal date.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 An application, reply, intervention, intervener’s application, statement of opposition or notice may be amended with leave of the Board on such terms and conditions as the Board considers advisable.

 Where an applicant, or an intervener that files an intervener’s application, is a council of employee organizations, the council shall file with the Board at the time the application or intervener’s application is filed the documents on which the council intends to rely to satisfy the Board that each of the employee organizations that is a constituent member of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 Where an application or intervener’s application is filed, the Board may require the employer to file, in such form and manner and within such time as the Board considers advisable,

  • (a) lists of

    • (i) employees, and

    • (ii) employees whose duties include the supervision of other employees; and

  • (b) specimen signatures of employees.

  •  (1) Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom no employee organization is certified as the bargaining agent, the Board may require the employer to file a list of the persons, if any, whom the employer claims should be excluded from the proposed bargaining unit because the employer considers them to be persons employed in a managerial or confidential capacity.

  • (2) The Board shall serve a copy of a list filed pursuant to subsection (1) on the applicant and the intervener, if any.

  • SOR/91-462, s. 2(F)
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35

 An applicant or intervener that is served by the Board with a copy of a list in accordance with subsection 32(2) shall, within 10 days after the day on which they are served, file with the Board a statement that, in respect of each person whose name appears on the list, sets out whether they agree with the claims of the employer.

  • SOR/91-462, s. 3
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 13

 Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom an employee organization is certified as the bargaining agent, the Board may require the employer to file a list of the persons who have been excluded from the proposed bargaining unit by reason of their being designated by the employer or by the Board to be persons employed in a managerial or confidential capacity.

 A list required pursuant to subsection 32(1) or section 34 shall be filed in such form and manner and within such time as the Board considers advisable.

  •  (1) An application or intervener’s application filed under this Part shall be accompanied by all or part of the documentary evidence on which the applicant or intervener intends to rely to satisfy the Board that a majority of employees in the proposed bargaining unit wishes the applicant or intervener to represent the employees as their bargaining agent.

  • (2) Any documentary evidence that does not accompany an application or an intervener’s application pursuant to subsection (1) shall be filed on or before the terminal date.

  • SOR/91-462, s. 4

 If the Board decides to hold a hearing, it shall serve a notice of hearing on each party and on each employee or the representative of a group of employees who has filed a statement of opposition in accordance with section 28.

  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 14
  •  (1) An employee or group of employees who has filed a statement of opposition in accordance with section 28 may appear at the hearing in person or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

  • (2) The Board shall not hear any oral evidence of opposition by or on behalf of employees to the certification of an employee organization other than such oral evidence as the Board may require to identify and substantiate a statement of opposition filed in accordance with section 28.

PART IIIDesignation of Managerial or Confidential Persons

  •  (1) Where, after the Board has certified an employee organization as bargaining agent for a bargaining unit, the employer wishes to designate any person in that bargaining unit described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3 of the Act, the employer shall file with the Board in duplicate a statement setting forth the name of the person whom the employer wishes so to designate, the person’s job description, classification, the subparagraph under which the person is to be designated and, where any such person is to be designated under subparagraph (iv), the position, title, job description and classification of the person to whom the position of employment of the person to be designated is confidential.

  • (2) Where a statement referred to in subsection (1) is filed, the Board shall serve a copy of that statement on the bargaining agent of the person to whom the statement applies.

  • (3) Where the bargaining agent referred to in subsection (2) objects to the designation of a person pursuant to subsection (1), the bargaining agent shall file with the Board, not later than 15 days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds for the objection.

  • (4) The time prescribed by subsection (3) may be extended either before or after the expiration of that time

    • (a) by agreement of the parties; or

    • (b) by the Board under section 9 in respect of any particular person or group of persons.

  • SOR/91-462, s. 5
  • SOR/2005-80, s. 7
  • SOR/2014-252, s. 35
 
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