Federal Public Sector Labour Relations Act — P-33.3 2
d (b) in respect of employees who are RCMP members or reservists, an organization of those employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1, 2 and 2.1. ( organisation syndicale ) employer means Her Majesty in right of Canada as represented by (a) the Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; and (b) the separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act . ( employeur ) managerial or confidential position means a position declared to be a managerial or confidential position by an order made by the Board under subsection 62(1), section 63, subsection 74(1) or section 75. ( poste de direction ou de confiance ) member means a member of the Board, whether full-time or part-time. ( commissaire ) membership dues , in respect of employees represented by a bargaining agent, means the amount that the employer is required to deduct from the pay of the employees and remit to the bargaining agent under any collective agreement that is entered into between the employer and the bargaining agent. ( cotisations syndicales ) Minister means the member of the Queen’s Privy Council for Canada, other than a member of the Treasury Board, designated by the Governor in Council as the Minister for the purposes of this Act. ( ministre ) National Joint Council means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. ( Conseil national mixte ) public service , except in Part 3, means the several positions in or under (a) the departments named in Schedule I to the Financial Administration Act ; (b) the other portions of the federal public administration named in Schedule IV to that Act; and (c) the separate agencies named in Schedule V to that Act. ( fonction publique ) RCMP member , except in Division 2 of Part 2.1, means a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who is appointed to a rank. ( membre de la GRC ) reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act . ( réserviste ) separate agency has the same meaning as in subsection 11(1) of the Financial Administration Act . ( organisme distinct ) strike includes a cessation of work or a refusal to work or to continue to work by persons employed in the public service, in combination, in concert or in accordance with a common understanding, and a slow-down of work or any other concerted activity on the part of such persons that is designed to restrict or limit output. ( grève ) Vice-Chairperson means a Vice-Chairperson of the Board. ( vice-président ) Employment status preserved (2) A person does not cease to be employed in the public service by reason only that the person ceases to work as a result of a strike or by reason only of the termination of the person’s employment contrary to this Act or any other Act of Parliament. Persons who are not employees (3) For greater certainty, a person is not an employee if (a) the person is engaged under section 30 of the Federal Public Sector Labour Relations and Employment Board Act ; or (b) the person’s compensation for the performance of the regular duties of the person’s position or office consists of fees of office or is related to the revenue of the office in which the person is employed. Casual employment (4) For the purposes of paragraph (f) of the definition employee in subsection (1) and paragraph (e) of the definition employee in subsection 206(1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section