GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Act — P-33.3 198
Application for declaration that conduct is unlawful 198 (1) If the employer considers that an employee organization or any officer or representative of one has contravened subsection 194(1) or (2) or 197(3), or that a person has contravened section 195, or that an employee has contravened section 196 or subsection 197(4), the employer may apply to the Board for a declaration that the conduct giving rise to the contravention is unlawful. Declaration that strike unlawful and strike prohibited (2) After affording the employee organization, officer, representative, person or employee referred to in subsection (1) an opportunity to make representations on the application, the Board may declare that the conduct is unlawful and, if the employer so requests, may make an order (a) requiring the employee organization to revoke the declaration or authorization of a strike and to give notice immediately of its revocation to the employees to whom it was directed; (b) enjoining the officer or representative from counselling or procuring the declaration or authorization of a strike or the participation of employees in a strike; (c) enjoining the employee from participating in the strike; (d) requiring the employee to perform the duties of his or her employment; or (e) requiring any employee organization, of which any employee with respect to whom an order is made under paragraph (c) or (d) is a member, and any officer or representative of that employee organization, to immediately give notice of any order made under one of those paragraphs to the employee. Terms and duration of order (3) An order made under subsection (2) (a) must be in terms that the Board considers necessary and sufficient to meet the circumstances of the case; and (b) subject to subsection (4), has effect for the time specified in the order. Continuation or revocation of order (4) On application by the employer or employee organization or any employee or other person affected by an order made under subsection (2), notice of which has been given to the parties named in the order, the Board may, by supplementary order, (a) continue the order, with or without modification, for the period stated in the supplementary order; or (b) revoke the order.
Federal Public Sector Labour Relations Act — P-33.3 199
Obstruction 199 No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is necessary under an essential services agreement for the employer to provide essential services. 2003, c. 22, s. 2 “199”; 2013, c. 40, s. 324; 2018, c. 24, s. 25
Federal Public Sector Labour Relations Act — P-33.3 199.1
Counselling in respect of peace officer duties 199.1 No employee organization and no officer or representative of an employee organization shall counsel any RCMP member or reservist not to carry out their duties as a peace officer. 2017, c. 9, s. 26
Federal Public Sector Labour Relations Act — P-33.3 200
Persons 200 Every person who contravenes subsection 186(1) or (2), section 188, subsection 189(1) or section 195 or 199 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.
Federal Public Sector Labour Relations Act — P-33.3 201
Employees 201 Every employee who contravenes section 196 or subsection 197(4) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.
Federal Public Sector Labour Relations Act — P-33.3 202
Employee organizations 202 (1) Every employee organization that contravenes, and every officer or representative of one who contravenes, section 187 or 188 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employee organizations (2) Every employee organization that contravenes subsection 194(1) or (2) or 197(3) is guilty of an offence and liable on summary conviction to a fine not more than $1,000 for each day that any strike declared or authorized by it in contravention of that subsection is in effect. Employee organization (3) Every employee organization that contravenes section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Prosecution of employee organization (4) A prosecution for an offence under any of subsections (1) to (3) may be brought against an employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person. 2003, c. 22, s. 2 “202”; 2017, c. 9, s. 27
Federal Public Sector Labour Relations Act — P-33.3 203
Officers and representatives of employee organizations 203 Every officer or representative of an employee organization who contravenes subsection 194(1) or section 199.1 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. 2003, c. 22, s. 2 “203”; 2017, c. 9, s. 28
Federal Public Sector Labour Relations Act — P-33.3 204
Employer 204 If the employer contravenes subsection 186(1) or (2), the employer is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.
Federal Public Sector Labour Relations Act — P-33.3 205
Consent to prosecution 205 A prosecution for an offence under this Division may be instituted only with the consent of the Board.
Federal Public Sector Labour Relations Act — P-33.3 206
Definitions 206 (1) The following definitions apply in this Part. employee means a person employed in the public service, other than (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; (b) a person locally engaged outside Canada; (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work; (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act ; (e) a person employed on a casual basis; (f) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more; (g) a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who occupies a managerial or confidential position; or (h) a person who is employed under a program designated by the employer as a student employment program. ( fonctionnaire ) group grievance means a grievance presented in accordance with section 215. ( grief collectif ) individual grievance means a grievance presented in accordance with section 208 or 238.24. ( grief individuel ) policy grievance means a grievance presented in accordance with section 220. ( grief de principe ) Former employees (2) Every reference in this Part to an employee includes a former employee for the purposes of any provisions of this Part respecting grievances with respect to (a) any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(1)(c), (d) or (e) of the Financial Administration Act ; or (b) in the case of a separate agency, any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(2)(c) or (d) of the Financial Administration Act or under any provision of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of the separate agency. 2003, c. 22, s. 2 “206”; 2014, c. 20, s. 481; 2017, c. 9, s. 29
Federal Public Sector Labour Relations Act — P-33.3 (a)
employee means a person employed in the public service, other than (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; (b) a person locally engaged outside Canada; (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work; (d) a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act ; (e) a person employed on a casual basis; (f) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more; (g) a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who occupies a managerial or confidential position; or (h) a person who is employed under a program designated by the employer as a student employment program. ( fonctionnaire )
Federal Public Sector Labour Relations Act — P-33.3
group grievance means a grievance presented in accordance with section 215. ( grief collectif )
Federal Public Sector Labour Relations Act — P-33.3
individual grievance means a grievance presented in accordance with section 208 or 238.24. ( grief individuel )
Federal Public Sector Labour Relations Act — P-33.3
policy grievance means a grievance presented in accordance with section 220. ( grief de principe )
Federal Public Sector Labour Relations Act — P-33.3 207
Informal conflict management system 207 Subject to any policies established by the employer or any directives issued by it, every deputy head in the core public administration must, in consultation with bargaining agents representing employees in the portion of the core public administration for which he or she is deputy head, establish an informal conflict management system and inform the employees in that portion of its availability.
Federal Public Sector Labour Relations Act — P-33.3 208
Right of employee 208 (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved (a) by the interpretation or application, in respect of the employee, of (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or (ii) a provision of a collective agreement or an arbitral award; or (b) as a result of any occurrence or matter affecting his or her terms and conditions of employment. Limitation (2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act . Limitation (3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value. Limitation (4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies. Limitation (5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act. Limitation (6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Federal Public Sector Labour Relations Act — P-33.3 209
Reference to adjudication 209 (1) An employee who is not a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to (a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award; (b) a disciplinary action resulting in termination, demotion, suspension or financial penalty; (c) in the case of an employee in the core public administration, (i) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct, or (ii) deployment under the Public Service Employment Act without the employee’s consent where consent is required; or (d) in the case of an employee of a separate agency designated under subsection (3), demotion or termination for any reason that does not relate to a breach of discipline or misconduct. Application of paragraph (1)(a) (2) Before referring an individual grievance related to matters referred to in paragraph (1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings. Designation (3) The Governor in Council may, by order, designate any separate agency for the purposes of paragraph (1)(d). 2003, c. 22, s. 2 “209”; 2017, c. 9, s. 30
Federal Public Sector Labour Relations Act — P-33.3 209.1
Reference to adjudication 209.1 In addition to his or her rights under section 209, an employee, other than an employee who occupies a managerial or confidential position or who is not otherwise represented by a bargaining agent, may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the employee has suffered physical or psychological harm, property damage or economic loss as the result of — or has otherwise been adversely affected by — the contravention of a provision of regulations made under subsection 117 (1) of the Accessible Canada Act , and the grievance is related to that contravention. 2019, c. 10, s. 184
Federal Public Sector Labour Relations Act — P-33.3 210
Notice to Canadian Human Rights Commission 210 (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act , that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).
Federal Public Sector Labour Relations Act — P-33.3 210.1
Notice to Accessibility Commissioner 210.1 (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117 (1) of the Accessible Canada Act , that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner , as defined in section 2 of that Act. Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). 2019, c. 10, s. 185
Federal Public Sector Labour Relations Act — P-33.3 211
Exception 211 Nothing in section 209 or 209.1 is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to (a) any termination of employment under the Public Service Employment Act ; or (b) any deployment under the Public Service Employment Act , other than the deployment of the employee who presented the grievance. 2003, c. 22, s. 2 “211” 2019, c. 10, s. 186
Federal Public Sector Labour Relations Act — P-33.3 212
Right to be represented by employee organization 212 An employee who is not included in a bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of, and, if the employee chooses, may be represented by, any employee organization in the presentation or reference to adjudication of an individual grievance.
Federal Public Sector Labour Relations Act — P-33.3 213
Right to be represented by employee organization 213 No employee who is included in a bargaining unit for which an employee organization has been certified as bargaining agent may be represented by any other employee organization in the presentation or reference to adjudication of an individual grievance.
Federal Public Sector Labour Relations Act — P-33.3 214
Decision final and binding 214 If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209, 209.1 or 238.25 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it. 2003, c. 22, s. 2 “214”; 2017, c. 9, s. 31 2019, c. 10, s. 187
Federal Public Sector Labour Relations Act — P-33.3 215
Right of bargaining agent 215 (1) The bargaining agent for a bargaining unit may present to the employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award. Consent required (2) In order to present the grievance, the bargaining agent must first obtain the consent of each of the employees concerned in the form provided for by the regulations. The consent of an employee is valid only in respect of the particular group grievance for which it is obtained. Single portion (3) The group grievance must relate to employees in a single portion of the federal public administration. Limitation (4) A bargaining agent may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act . Limitation (5) Despite subsection (4), a bargaining agent may not present a group grievance in respect of the right to equal pay for work of equal value. Limitation (6) If an employee has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the employer, the bargaining agent may not include that employee as one on whose behalf it presents a group grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from participating in a group grievance under this Act. Limitation (7) A bargaining agent may not present a group grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (8) For the purposes of subsection (7), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Federal Public Sector Labour Relations Act — P-33.3 216
Reference to adjudication 216 The bargaining agent may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction.
Federal Public Sector Labour Relations Act — P-33.3 217
Notice to Canadian Human Rights Commission 217 (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act , that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).
Federal Public Sector Labour Relations Act — P-33.3 217.1
Notice to Accessibility Commissioner 217.1 (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the contravention of a provision of regulations made under subsection 117 (1) of the Accessible Canada Act , that party must, in accordance with the regulations, give notice of the issue to the Accessibility Commissioner , as defined in section 2 of that Act. Standing of Accessibility Commissioner (2) The Accessibility Commissioner has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). 2019, c. 10, s. 188
Federal Public Sector Labour Relations Act — P-33.3 218
Right of employee to withdraw 218 An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the bargaining agent that the employee no longer wishes to be involved in the group grievance.
Federal Public Sector Labour Relations Act — P-33.3 219
Effect of notice 219 After receiving the notice, the bargaining agent may not pursue the grievance in respect of the employee.
Federal Public Sector Labour Relations Act — P-33.3 220
Right of employer and bargaining agent 220 (1) If the employer and a bargaining agent are bound by an arbitral award or have entered into a collective agreement, either of them may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally. Limitation (2) Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act . Limitation (3) Despite subsection (2), neither the employer nor a bargaining agent may present a policy grievance in respect of the right to equal pay for work of equal value. Limitation (4) A bargaining agent may not present a policy grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (5) For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Federal Public Sector Labour Relations Act — P-33.3 221
Reference to adjudication 221 A party that presents a policy grievance may refer it to adjudication.
Federal Public Sector Labour Relations Act — P-33.3 222
Notice to Canadian Human Rights Commission 222 (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act , that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1).