GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parliamentary Employment and Staff Relations Act — P-1.3 6
Employer participation in employee organization 6 (1) No person who is employed in a managerial or confidential capacity, whether or not the person is acting on behalf of the employer, shall participate in or interfere with the formation or administration of an employee organization or the representation of employees by such an organization. Discrimination against members and intimidation (2) Subject to subsection (3), no person shall (a) refuse to employ, continue to employ or otherwise discriminate against any person in regard to employment or to any term or condition of employment, because the person is a member of an employee organization or was or is exercising any right under this Part; (b) impose any condition on an appointment or in a contract of employment, or propose the imposition of any condition on an appointment or in a contract of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part; or (c) seek by intimidation, by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or any other penalty or by any other means to compel an employee (i) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be, a member of an employee organization, or (ii) to refrain from exercising any other right under this Part. Exception (3) No person shall be deemed to have contravened subsection (2) by reason of any act or thing done or omitted in relation to a person employed, or proposed to be employed, in a managerial or confidential capacity.
Parliamentary Employment and Staff Relations Act — P-1.3 7
Discrimination against employee organization 7 (1) Except in accordance with this Part or any regulation, collective agreement or arbitral award, no person employed in a managerial or confidential capacity, whether or not the person acts on behalf of an employer, shall discriminate against an employee organization. Saving provision (2) Nothing in subsection (1) shall be construed to prevent a person employed in a managerial or confidential capacity from receiving representations from, or holding discussions with, the representatives of any employee organization.
Parliamentary Employment and Staff Relations Act — P-1.3 8
Soliciting membership during working hours 8 Except with the consent of the employer affected, no officer or representative of an employee organization shall attempt, on the employer’s premises during the working hours of an employee, to persuade the employee to become, refrain from becoming, continue to be or to cease to be a member of an employee organization.
Parliamentary Employment and Staff Relations Act — P-1.3 9
Application 9 Unless otherwise provided in this Part, the provisions of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application, (a) a reference to either of those Acts in any of those provisions shall be read as a reference to this Part; and (b) words and expressions used in those provisions that are defined by this Part shall have the meaning given to them by this Part. R.S., 1985, c. 33 (2nd Supp.), s. 9; 2003, c. 22, s. 184; 2013, c. 40, s. 426; 2017, c. 9, s. 46
Parliamentary Employment and Staff Relations Act — P-1.3 10
Powers, duties and functions 10 The Board shall administer this Part and shall exercise the powers and perform the duties and functions that are conferred or imposed on it by, or are incidental to the attainment of the objects of, this Part including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board under this Part. R.S., 1985, c. 33 (2nd Supp.), s. 10; 2013, c. 40, s. 426
Parliamentary Employment and Staff Relations Act — P-1.3 12
Authority of Board to make regulations 12 (1) The Board may make regulations of general application respecting (a) the manner in which persons shall be designated by an employer, or by the Board on objection thereto by a bargaining agent, to be persons described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3; (b) the determination of units of employees appropriate for collective bargaining; (c) the certification of bargaining agents for bargaining units; (d) the hearing or determination of any matter relating to or arising out of the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee notwithstanding the revocation; (e) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in the unit where there is any merger, amalgamation or transfer of jurisdiction between two or more such organizations; (f) the establishment of rules of procedure for the hearings of an adjudicator; (g) [Repealed, 2013, c. 40, s. 427] (h) the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that any employees wish or do not wish to have that employee organization represent them as their bargaining agent; (i) [Repealed, 2013, c. 40, s. 427] (j) the authority vested in a council of employee organizations that shall be considered appropriate authority within the meaning of paragraph 19(2)(b); and (k) any other matter that is incidental or conducive to the attainment of the objects of this Part. When regulations effective (2) Regulations of general application made under subsection (1) have effect on publication in the Canada Gazette . R.S., 1985, c. 33 (2nd Supp.), s. 12; 2013, c. 40, s. 427
Parliamentary Employment and Staff Relations Act — P-1.3 13
Complaints 13 (1) The Board shall examine and inquire into any complaint made to it that an employer or an employee organization, or any person acting on behalf of an employer or employee organization, has failed (a) to observe any prohibition contained in section 6, 7 or 8; (b) to give effect to any provision of an arbitral award; (c) to give effect to a decision of an adjudicator with respect to a grievance; or (d) to comply with any regulation respecting grievances made by the Board pursuant to section 71. Order of Board directing compliance (2) Where under subsection (1) the Board determines that any person has failed to observe any prohibition, to give effect to any provision or decision or to comply with any regulation as described in that subsection, it may make an order, addressed to that person, directing the person to observe the prohibition, give effect to the provision or decision or comply with the regulation, as the case may be, or take such action as may be required in that behalf within such specified period as the Board may consider appropriate and, (a) where that person has acted or purported to act on behalf of an employer, it shall direct its order as well to the employer; and (b) where that person has acted or purported to act on behalf of an employee organization, it shall direct its order as well to the chief officer of that employee organization.
Parliamentary Employment and Staff Relations Act — P-1.3 14
Where order not complied with 14 Where any order made under section 13 directs some action to be taken and is not complied with within the period specified in the order for the taking of that action, the Board shall cause a copy of its order, a report of the circumstances and all documents relevant thereto to be laid before each House of Parliament within fifteen days after the expiration of the period or, if that House is not then sitting, on any of the first fifteen days next thereafter on which that House is sitting.
Parliamentary Employment and Staff Relations Act — P-1.3 15
Powers of Board in proceedings 15 The Board has, in relation to the hearing or determination of any proceeding before it, power (a) to (c) [Repealed, 2013, c. 40, s. 428] (d) to require an employer to post and keep posted in appropriate places any notices that the Board deems necessary to bring to the attention of any employees any matter or proceeding before the Board; (e) to enter on the premises of an employer for the purpose of conducting representation votes during working hours; and (f) to authorize any person to do anything that the Board may do under paragraphs (d) and (e) and to require the person to report to the Board on it. R.S., 1985, c. 33 (2nd Supp.), s. 15; 2013, c. 40, s. 428
Parliamentary Employment and Staff Relations Act — P-1.3 16
Application of orders 16 Where under this Part the Board may make or issue any order or direction, prescribe any term or condition or do any other thing in relation to any person, the Board may do so, either generally or in any particular case or class of cases.
Parliamentary Employment and Staff Relations Act — P-1.3 17
Review or amendment of orders 17 (1) Subject to subsection (2), the Board may review, rescind, amend, alter or vary any decision or order made by it, or may re-hear any application before making an order in respect thereof. Exception (2) Any rights acquired by virtue of any decision or order that is reviewed, rescinded, amended, altered or varied pursuant to subsection (1) shall not be altered or extinguished with effect from a day earlier than the day on which the review, rescission, amendment, alteration or variation is made.
Parliamentary Employment and Staff Relations Act — P-1.3 18
Application by employee organization 18 An employee organization seeking to be certified as bargaining agent for a group of employees that it considers constitutes a unit of employees appropriate for collective bargaining may, subject to section 21, apply in the manner prescribed to the Board for certification as bargaining agent for the proposed bargaining unit.
Parliamentary Employment and Staff Relations Act — P-1.3 19
Application by council of organizations 19 (1) Where two or more employee organizations have come together to form a council of employee organizations, the council so formed may, subject to section 21, apply in the manner prescribed to the Board for certification as described in section 18. Conditions for certification of council (2) The Board may certify a council of employee organizations as bargaining agent for a bargaining unit where the Board is satisfied that (a) the requirements for certification established by this Part are met; and (b) 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.
Parliamentary Employment and Staff Relations Act — P-1.3 20
Council deemed to be employee organization 20 A council of employee organizations shall, for all purposes of this Part except subsection 19(2), be deemed to be an employee organization, and membership in any employee organization that is part of a council of employee organizations shall for the same purposes be deemed to be membership in the council.
Parliamentary Employment and Staff Relations Act — P-1.3 21
Where agreement for term of not more than two years 21 (1) Where a collective agreement or an arbitral award is in force and is for a term of not more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only after the commencement of the last two months of its operation. Where agreement for term of more than two years (2) Where a collective agreement or an arbitral award is in force and is for a term of more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only (a) after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation; (b) during the two month period immediately preceding the end of each year that the agreement or award continues to operate after the second year of its operation; or (c) after the commencement of the last two months of its operation. Where agreement is for indefinite term (3) Where a collective agreement referred to in subsection (1) or (2) provides that it will continue to operate after the term specified therein for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the collective agreement, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to whom the collective agreement applies at any time permitted by subsection (1) or (2), as the case may be, or during the two month period immediately preceding the end of each year that the collective agreement continues to operate after the term specified therein. Where no collective agreement or award in force (4) Where no collective agreement or arbitral award in respect of a bargaining unit is in force but an employee organization has been certified as bargaining agent for any of the employees in the bargaining unit, an employee organization may, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at an earlier time, apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit.
Parliamentary Employment and Staff Relations Act — P-1.3 22
No certification where previous application refused within six months 22 Where an application for certification of an employee organization as bargaining agent for a proposed bargaining unit has been refused by the Board, the Board shall not certify the employee organization as bargaining agent for the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the Board last refused certification, unless the Board is satisfied that the previous application was refused by reason only of a technical error or omission made in connection therewith.
Parliamentary Employment and Staff Relations Act — P-1.3 23
Determination of unit 23 (1) Where an employee organization has made application to the Board for certification as described in section 18, the Board shall determine the relevant group of employees that constitutes a unit appropriate for collective bargaining. Matters to be taken into account (2) In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board shall take into account, having regard to the proper functioning of this Part, the duties and classification of the employees in the proposed bargaining unit in relation to any plan of classification as it may apply to the employees in the proposed bargaining unit. Composition of bargaining unit (3) For the purposes of this Part, a unit of employees may be determined by the Board to constitute a unit appropriate for collective bargaining whether or not its composition is identical with the group of employees in respect of which application for certification was made.
Parliamentary Employment and Staff Relations Act — P-1.3 24
Determination of membership in bargaining units 24 Where, at any time following the determination by the Board of a group of employees to constitute a unit appropriate for collective bargaining, any question arises as to whether any employee or class of employees is or is not included therein or is included in any other unit, the Board shall, on application by the employer or any employee organization affected, determine the question.
Parliamentary Employment and Staff Relations Act — P-1.3 25
Certification of employee organization as bargaining unit 25 The Board shall, subject to this Part, certify an employee organization as bargaining agent for the employees in a bargaining unit if the Board (a) has received from the employee organization an application for certification as the bargaining agent for the bargaining unit in accordance with this Part; (b) has determined the group of employees that constitutes a unit appropriate for collective bargaining in accordance with section 23; (c) is satisfied that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent; and (d) is satisfied that the persons representing the employee organization in the making of the application have been duly authorized to make the application. R.S., 1985, c. 33 (2nd Supp.), s. 25; 2014, c. 40, s. 6; 2017, c. 12, s. 5
Parliamentary Employment and Staff Relations Act — P-1.3 26
Powers of Board in relation to certification 26 (1) For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in paragraphs (c) and (d) of that section, the Board may (a) examine, in accordance with any regulations that may be made by the Board in that behalf, such evidence as is submitted to it respecting membership of the employees in the proposed bargaining unit in the employee organization seeking certification; (b) make or cause to be made such examination of records or make such inquiries as it deems necessary; and (c) examine documents forming or relating to the constitution or articles of association of the employee organization seeking certification. Representation vote directed to be taken (2) For the purpose of satisfying itself under paragraph 25(c) that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent, the Board, in its sole discretion, may direct that a representation vote be taken among the employees in the bargaining unit. Arrangements to be made for representation vote (3) If, under subsection (2), the Board directs that a representation vote be taken, the Board shall (a) determine the employees that are eligible to vote; and (b) make such arrangements and give such directions as it deems requisite for the proper conduct of the representation vote including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes. (4) [Repealed, 1993, c. 34, s. 100] R.S., 1985, c. 33 (2nd Supp.), s. 26; 1993, c. 34, s. 100; 2014, c. 40, s. 7; 2017, c. 12, s. 6
Parliamentary Employment and Staff Relations Act — P-1.3 27
Where participation by employer in formation of employee organization 27 (1) The Board shall not certify as bargaining agent for a bargaining unit any employee organization in the formation or administration of which there has been or is, in the opinion of the Board, participation by the employer affected or any person acting on behalf of the employer of such a nature as to impair its fitness to represent the interests of employees in the bargaining unit. Where money received or paid for activities by political party (2) The Board shall not certify as bargaining agent for a bargaining unit any employee organization that (a) receives from any of its members who are employees, (b) handles or pays in its own name on behalf of members who are employees, or (c) requires as a condition of membership therein the payment by any of its members of any money for activities carried on by or on behalf of any political party. Where discrimination by reason of race, etc. (3) The Board shall not certify as bargaining agent for a bargaining unit any employee organization that discriminates against any employee because of sex, race, national origin, colour or religion.
Parliamentary Employment and Staff Relations Act — P-1.3 28
Effect of certification 28 (1) Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit, the employee organization has the exclusive right under this Part (a) to bargain collectively on behalf of employees in the bargaining unit and to bind them by a collective agreement until its certification in respect of the bargaining unit is revoked; and (b) to represent, in accordance with this Part, an employee in the presentation or reference to adjudication of a grievance relating to the interpretation or application of a collective agreement or arbitral award applying to the bargaining unit to which the employee belongs. Effect of certification on previously certified bargaining agent (2) Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit and another employee organization had been previously certified as bargaining agent in respect of employees in the bargaining unit, the certification of the previously certified bargaining agent is thereupon revoked in respect of those employees. Effect of certification on existing collective agreement or arbitral award (3) Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit and at the time of certification, a collective agreement or arbitral award binding on the employees in the bargaining unit is in force, the employee organization (a) shall be substituted as a party to the agreement or award in place of the bargaining agent that had been a party thereto; and (b) may, notwithstanding anything contained in the agreement or award, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, on two months notice to the employer affected given within one month from the certification. Rights of previous or new bargaining agent (4) In any case where subsection (2) or (3) applies, any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of that subsection shall, on application by the employer affected or the previous or the new bargaining agent, be determined by the Board.
Parliamentary Employment and Staff Relations Act — P-1.3 30
Abandonment of certification 30 (1) The Board shall revoke the certification of a bargaining agent where the bargaining agent advises the Board that it wishes to give up or abandon its certification or where the Board, on application by the employer or any employee affected, determines that the bargaining agent has ceased to act as bargaining agent. Revocation where certification prohibited under s. 27 (2) Where the Board, on application to it by the employer or employee, determines that a bargaining agent would not, if it were an employee organization applying for certification, be certified by the Board by reason of a prohibition contained in section 27, the Board shall revoke the certification of the bargaining agent.
Parliamentary Employment and Staff Relations Act — P-1.3 31
Certification obtained by fraud 31 (1) Where at any time the Board is satisfied that an employee organization has obtained certification as bargaining agent for a bargaining unit by fraud, the Board shall revoke the certification of the employee organization. Effect of revocation (2) An employee organization the certification of which is revoked pursuant to subsection (1) is not entitled to claim any right or privilege flowing from that certification, and any collective agreement or arbitral award applying to the bargaining unit for which it was certified, to which the employee organization was a party, is void.