P.S.S.R.B. Regulations and Rules of Procedure, 1993 (SOR/93-348)

Regulations are current to 2019-08-28

PART IICertification Procedure (continued)

General (continued)

 An employer shall, no later than on the terminal date, file with the Secretary a reply to the application in duplicate in Form 5 of the schedule.

 The Secretary shall provide a copy of the application to any employee organization known to the Board as claiming to represent any employees who may be affected by the application.

 An employee organization that is provided with a copy of the application or that claims to represent any of the employees who may be affected by the application may file with the Secretary its intervention in duplicate in Form 6 of the schedule no later than on the terminal date.

  •  (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 Secretary in triplicate, no later than on the terminal date, an intervener’s application in Form 7 of the schedule.

  • (2) Paragraph 20(a) and section 21 apply in respect of an intervener’s application, with such modifications as the circumstances require.

  • (3) Where the Board directs the Secretary to fix a separate terminal date with regard to the intervener’s application, the Secretary shall fix that date and shall notify the parties of it.

  • SOR/96-457, s. 2

 Where an employee or a representative of a group of employees is affected by an application or intervener’s application and wishes to make representations to the Board in opposition to the application or intervener’s application, the employee or the representative of a group of employees shall file with the Secretary, no later than on the terminal date, a concise statement of opposition that

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

  • (b) sets out the mailing address of the employee or the representative of the group of employees, as the case may be.

 An application, reply, intervention, intervener’s application, statement of opposition and notice may be amended with leave of the Board.

 Where the person making an application or an intervener’s application is a council of employee organizations, the council shall file with the Secretary, when the application or intervener’s application is filed, as the case may be, the documents 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.

 Where an application or intervener’s application is filed, the Board may require the employer to file, within the time specified by the Board, lists that identify

  • (a) all employees in respect of whom the application is filed along with specimen signatures of those employees; and

  • (b) all employees whose duties include the supervision of other 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 that the employer file a list of any employees whom the employer claims should be excluded from the proposed bargaining unit as the employees occupy positions identified by the employer as managerial or confidential positions.

  • (2) The Secretary shall provide a copy of a list filed pursuant to subsection (1) to the applicant and, where there is an intervener, to the intervener.

 An applicant or the intervener shall, no later than on the tenth day after the day on which the Secretary has provided the applicant or the intervener applying for certification with a copy of a list filed pursuant to subsection 30(1), file with the Secretary a statement showing, in respect of each position that appears on the list, whether the applicant or the intervener objects to the identification made by the employer.

 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 that the employer file a list of any persons who occupy positions that have been identified by the employer or by the Board as managerial or confidential positions.

 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 them as their bargaining agent.

 Any documentary evidence that does not accompany an application or an intervener’s application shall be filed no later than on the terminal date.

 Where the Board decides to hold a hearing, the Secretary shall provide a notice of hearing to the parties as well as to each employee or representative of a group of employees who has filed a statement of opposition pursuant to section 26.

 An employee or a group of employees who has filed a statement of opposition pursuant to section 26 may appear at the hearing referred to in section 35 or may authorize a representative to appear at the hearing on the employee’s or the group’s behalf.

  • SOR/96-457, s. 3

 The Board may dispose of an application without further notice to any person who has not filed, on or before the terminal date, a document in respect of the application.

  • SOR/96-457, s. 3

PART IIIIdentification of Managerial or Confidential Positions

  •  (1) Where, after the Board has certified an employee organization as a bargaining agent for a bargaining unit, the employer wishes to identify a position in that bargaining unit in accordance with the criteria set out in subsection 5.1(1) of the Act, the employer shall, for the position identified, submit to the Board and the bargaining agent, in addition to the notification required by subsection 5.2(2) of the Act, a document setting out

    • (a) the job title, position or work description, position number, classification, the department or agency and the geographic location of the identified position;

    • (b) the citation of the paragraph in subsection 5.1(1) of the Act that sets out the criterion met by the identified position; and

    • (c) where the position is identified under paragraph 5.1(1)(e) of the Act, the applicable paragraph, together with the job title, position or work description, position number and classification of the position in relation to which the duties and responsibilities of the occupant of the identified position are alleged to be confidential.

  • (2) Where a bargaining agent files an objection pursuant to subsection 5.2(3) of the Act, the objection shall contain a concise statement of the grounds for the objection.

  • (3) Where a bargaining agent files an objection pursuant to subsection 5.3(1) of the Act, the objection shall set out, for each position objected to,

    • (a) the job title, position or work description, position number, classification, the department or agency and the geographic location of the position objected to; and

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

  • (4) Forthwith on the filing of an objection referred to in subsections (2) and (3), the bargaining agent shall provide a copy of the objection to the employer.

PART IVProcedure for Revocation of Certification

General

 Where an application is filed, the Board may require the employer to file a list that identifies all the employees in the bargaining unit, along with specimen signatures of those employees.

 Where the Board decides to hold a hearing, the Secretary shall provide a notice of hearing to the parties as well as to each employee or representative of a group of employees who has filed a statement of opposition pursuant to section 26.

 [Repealed, SOR/2002-127, s. 1]

 An employee or a group of employees who has filed a statement of opposition pursuant to section 26 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.

  • SOR/2002-127, s. 2

 Sections 20, 26, 27 and 37 apply, with such modifications as the circumstances require, in respect of proceedings under this Part.

Applications

 An application shall be filed with the Secretary in duplicate in Form 8 of the schedule.

 An application made under section 42 of the Act shall be accompanied by all or part of 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.

  •  (1) Any documentary evidence that does not accompany an application that is filed pursuant to section 44, shall be filed no later than on the terminal date.

  • (2) The Board shall not accept evidence of signification that employees no longer wish to be represented by the bargaining agent for the bargaining unit, unless the evidence is in writing and is signed by the employees referred to in section 45.

  •  (1) Where an application is filed, the Secretary shall provide a copy of the application to

    • (a) the bargaining agent; and

    • (b) the employer, where the application is made by a person other than the employer.

  • (2) The Secretary shall provide the employer with as many notices of application in Form 9 of the schedule as appropriate to the number of employees and the locations at which they are employed.

  • (3) An employer that has been provided with notices referred to in subsection (2) shall

    • (a) immediately on receipt thereof, post the notices in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application, and keep the notices posted until after the terminal date; and

    • (b) after the terminal date, file with the Secretary a statement that the employer has complied with paragraph (a).

 
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