GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 47
nt or arbitral award that, by subsection (1), is continued in force, may, during the period commencing on the one hundred and fifty-first day and ending on the two hundred and tenth day after the date the portion of the federal public administration is established as or becomes a part of the corporation or business, apply to the Board for an order granting leave to serve on the other party a notice to bargain collectively. Effect of order (7) Where the Board has made an order pursuant to paragraph (4)(c), this Part applies to the interpretation and application of any collective agreement or arbitral award affected thereby. Arbitral award deemed part of collective agreement (8) An arbitral award that is continued in force by virtue of subsection (1) is deemed to be (a) part of the collective agreement for the bargaining unit to which the award relates, or (b) where there is no collective agreement for the bargaining unit, a collective agreement for the bargaining unit to which the award relates for the purposes of section 49, and this Part, other than section 80, applies in respect of the renewal or revision of the collective agreement or entering into a new collective agreement. R.S., 1985, c. L-2, s. 47; 1996, c. 18, s. 9; 2003, c. 22, ss. 108, 224(E); 2017, c. 9, s. 55
Canada Labour Code — L-2 47.1
Where notice to bargain collectively given prior to deletion 47.1 Where, before the deletion or severance referred to in subsection 47(1), notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees of a corporation or business who, immediately before the deletion or severance, were part of the federal public administration, (a) the terms and conditions of employment contained in a collective agreement or arbitral award that, by virtue of section 107 of the Federal Public Sector Labour Relations Act , are continued in force immediately before the date of the deletion or severance or that were last continued in force before that date, in respect of those employees shall continue or resume in force on and after that date and shall be observed by the corporation or business, as employer, the bargaining agent for those employees and those employees until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the employer and the bargaining agent agree otherwise; (b) the Federal Public Sector Labour Relations Act applies in all respects to the interpretation and application of any term or condition continued or resumed by paragraph (a); (c) on application by the corporation or business, as employer, or the bargaining agent for those employees, made during the period beginning on the one hundred and twentieth day and ending on the one hundred and fiftieth day after the date of the deletion or severance, the Board shall make an order determining (i) whether the employees of the corporation or business who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and (ii) which trade union shall be the bargaining agent for the employees in each such unit; (d) where the Board makes the determinations under paragraph (c), the corporation or business, as employer, or the bargaining agent may, by notice, require the other to commence collective bargaining under this Act for the purpose of entering into a collective agreement; and (e) this Part, other than section 80, applies in respect of a notice given under paragraph (d). 1996, c. 18, s. 9; 1998, c. 26, s. 23(F); 2003, c. 22, ss. 109, 223(E); 2017, c. 9, s. 55
Canada Labour Code — L-2 47.2
Order 47.2 The Governor in Council may, by order, exclude from the operation of sections 47 and 47.1 any portion of the federal public administration that is deleted or severed as described in subsection 47(1) where the Governor in Council, on the recommendation of the Minister after consultation with the Treasury Board and the Minister responsible for that portion of the federal public administration, is of the opinion that it is in the public interest to do so. 1996, c. 18, s. 9; 2003, c. 22, s. 224(E)
Canada Labour Code — L-2 47.3
Definition of previous contractor 47.3 (1) In this section, previous contractor means an employer who, under the terms of a contract or other arrangement that is no longer in force, (a) provided services at an airport to another employer, or to a person acting on behalf of that other employer, in an industry referred to in paragraph (e) of the definition federal work, undertaking or business in section 2; (b) provided prescribed services to another employer, or to a person acting on behalf of that other employer, in a prescribed industry; or (c) provided prescribed services at a prescribed location to another employer, or to a person acting on behalf of that other employer, in a prescribed industry. Equal remuneration (2) An employer who succeeds a previous contractor as the provider of services, in accordance with a contract or other arrangement, must pay to the employees providing the services under that contract or arrangement remuneration not less than that which the employees of the previous contractor who provided the same or substantially similar services were entitled to receive under the terms of a collective agreement to which this Part applied. Regulations (3) The Governor in Council may, on the Minister’s recommendation, make regulations prescribing anything that is to be prescribed under subsection (1). 1996, c. 18, s. 9; 1998, c. 26, s. 24 2021, c. 23, s. 245
Canada Labour Code — L-2 48
Notice to bargain to enter into a collective agreement 48 Where the Board has certified a bargaining agent for a bargaining unit and no collective agreement binding on the employees in the bargaining unit is in force, the bargaining agent may, by notice, require the employer of those employees, or the employer may, by notice, require the bargaining agent to commence collective bargaining for the purpose of entering into a collective agreement. R.S., c. L-1, s. 146; 1972, c. 18, s. 1
Canada Labour Code — L-2 49
Notice to bargain to renew or revise a collective agreement or enter a new collective agreement 49 (1) Either party to a collective agreement may, within the period of four months immediately preceding the date of expiration of the term of the collective agreement, or within the longer period that may be provided for in the collective agreement, by notice, require the other party to the collective agreement to commence collective bargaining for the purpose of renewing or revising the collective agreement or entering into a new collective agreement. Idem (2) Where a collective agreement provides that any provision of the collective agreement may be revised during the term of the collective agreement, a party entitled to do so by the collective agreement may, by notice, require the other party to commence collective bargaining for the purpose of revising the provision. R.S., 1985, c. L-2, s. 49; 1998, c. 26, s. 25
Canada Labour Code — L-2 50
Duty to bargain and not to change terms and conditions 50 Where notice to bargain collectively has been given under this Part, (a) the bargaining agent and the employer, without delay, but in any case within twenty days after the notice was given unless the parties otherwise agree, shall (i) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith, and (ii) make every reasonable effort to enter into a collective agreement; and (b) the employer shall not alter the rates of pay or any other term or condition of employment or any right or privilege of the employees in the bargaining unit, or any right or privilege of the bargaining agent, until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the bargaining agent consents to the alteration of such a term or condition, or such a right or privilege. R.S., c. L-1, s. 148; 1972, c. 18, s. 1; 1977-78, c. 27, s. 51
Canada Labour Code — L-2 51
Definition of technological change 51 (1) In this section and sections 52 to 55, technological change means (a) the introduction by an employer into their work, undertaking or business of equipment or material of a different nature or kind than that previously utilized by the employer in the operation of the work, undertaking or business; and (b) a change in the manner in which the employer carries on the work, undertaking or business that is directly related to the introduction of that equipment or material. Application of sections 52, 54 and 55 (2) Sections 52, 54 and 55 do not apply, in respect of a technological change, to an employer and a bargaining agent who are bound by a collective agreement where (a) the employer has given to the bargaining agent a notice in writing of the technological change that is substantially in accordance with subsection 52(2), (i) prior to the day on which the employer and the bargaining agent entered into the collective agreement, if the notice requiring the parties to commence collective bargaining for the purpose of entering into that collective agreement was given pursuant to section 48, or (ii) not later than the last day on which notice requiring the parties to commence collective bargaining for the purpose of entering into the collective agreement could have been given pursuant to subsection 49(1), if the notice was given under that subsection; (b) the collective agreement contains provisions that specify procedures by which any matters that relate to terms and conditions or security of employment likely to be affected by a technological change may be negotiated and finally settled during the term of the agreement; or (c) the collective agreement contains provisions that (i) are intended to assist employees affected by any technological change to adjust to the effects of the technological change, and (ii) specify that sections 52, 54 and 55 do not apply, during the term of the collective agreement, to the employer and the bargaining agent. R.S., 1985, c. L-2, s. 51; 1999, c. 31, s. 162(E)
Canada Labour Code — L-2 52
Notice of technological change 52 (1) An employer who is bound by a collective agreement and who proposes to effect a technological change that is likely to affect the terms and conditions or security of employment of a significant number of the employer’s employees to whom the collective agreement applies shall give notice of the technological change to the bargaining agent bound by the collective agreement at least one hundred and twenty days prior to the date on which the technological change is to be effected. Contents of notice (2) The notice referred to in subsection (1) shall be in writing and shall state (a) the nature of the technological change; (b) the date on which the employer proposes to effect the technological change; (c) the approximate number and type of employees likely to be affected by the technological change; (d) the effect that the technological change is likely to have on the terms and conditions or security of employment of the employees affected; and (e) such other information as is required by the regulations made pursuant to subsection (4). Details of proposed change (3) An employer who has given notice under subsection (1) to a bargaining agent shall, on request from the bargaining agent, provide the bargaining agent with a statement in writing setting out (a) a detailed description of the nature of the proposed technological change; (b) the names of the employees who will initially be likely to be affected by the proposed technological change; and (c) the rationale for the change. Regulations of Governor in Council (4) The Governor in Council, on the recommendation of the Board, may make regulations (a) specifying the number of employees or the method of determining the number of employees that shall, in respect of any federal work, undertaking or business, be deemed to be “significant” for the purposes of subsections (1) and 54(2); and (b) requiring any information in addition to the information required by subsection (2) to be included in a notice of technological change. R.S., 1985, c. L-2, s. 52; 1999, c. 31, s. 152(E)
Canada Labour Code — L-2 53
Application for order respecting technological change 53 (1) Where a bargaining agent alleges that sections 52, 54 and 55 apply to an employer in respect of an alleged technological change and that the employer has failed to comply with section 52, the bargaining agent may, not later than thirty days after the bargaining agent became aware, or in the opinion of the Board ought to have become aware, of the failure of the employer to comply with section 52, apply to the Board for an order determining the matters so alleged. Order respecting technological change (2) On receipt of an application for an order determining the matters alleged under subsection (1) and after affording an opportunity for the parties to make representations, the Board may, by order, (a) determine that sections 52, 54 and 55 do not apply to the employer in respect of the alleged technological change; or (b) determine that sections 52, 54 and 55 apply to the employer in respect of the alleged technological change and that the employer has failed to comply with section 52 in respect of the technological change. Idem (3) The Board may, in any order made under paragraph (2)(b), or by order made after consultation with the parties pending the making of any order under subsection (2), (a) direct the employer not to proceed with the technological change or alleged technological change for such period, not in excess of one hundred and twenty days, as the Board considers appropriate; (b) require the reinstatement of any employee displaced by the employer as a result of the technological change; and (c) where an employee is reinstated pursuant to paragraph (b), require the employer to reimburse the employee for any loss of pay suffered by the employee as a result of their displacement. Order deemed notice (4) An order of the Board made under paragraph (2)(b) in respect of an employer is deemed to be a notice of technological change given by the employer pursuant to section 52, and the Board shall concurrently, by order, grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining for the purpose referred to in subsection 54(1). R.S., 1985, c. L-2, s. 53; 1998, c. 26, s. 26; 1999, c. 31, s. 162(E)
Canada Labour Code — L-2 54
Application for order to serve notice to bargain 54 (1) Where a bargaining agent receives notice of a technological change pursuant to section 52, the bargaining agent may, in order to assist the employees affected by the change to adjust to the effects of the change, apply to the Board, within thirty days after the date on which it receives the notice, for an order granting leave to serve on the employer a notice to commence collective bargaining for the purpose of (a) revising the existing provisions of the collective agreement by which they are bound that relate to terms and conditions or security of employment; or (b) including new provisions in the collective agreement that relate to terms and conditions or security of employment. Order to serve notice to bargain (2) Where the Board has received from a bargaining agent an application for an order under subsection (1), and it is satisfied that the technological change in respect of which the bargaining agent has received notice given pursuant to section 52 is likely, substantially and adversely, to affect the terms and conditions or security of employment of a significant number of employees to whom the collective agreement between the bargaining agent and the employer applies, the Board may, by order, grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining for the purpose referred to in subsection (1). R.S., c. L-1, s. 152; 1972, c. 18, s. 1
Canada Labour Code — L-2 55
Conditions precedent to technological change 55 Where a bargaining agent applies to the Board for an order under subsection 54(1), the employer in respect of whom the application is made shall not effect the technological change in respect of which the application is made until (a) the Board has made an order refusing to grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining; or (b) the Board has made an order granting leave to the bargaining agent to serve on the employer a notice to commence collective bargaining and (i) an agreement has been reached as a result of collective bargaining, or (ii) the requirements of paragraphs 89(1)(a) to (d) have been met. R.S., c. L-1, s. 153; 1972, c. 18, s. 1
Canada Labour Code — L-2 56
Effect of collective agreement 56 A collective agreement entered into between a bargaining agent and an employer in respect of a bargaining unit is, subject to and for the purposes of this Part, binding on the bargaining agent, every employee in the bargaining unit and the employer. R.S., c. L-1, s. 154; 1972, c. 18, s. 1
Canada Labour Code — L-2 57
Provision for final settlement without stoppage of work 57 (1) Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties to or employees bound by the collective agreement, concerning its interpretation, application, administration or alleged contravention. Where arbitrator to be appointed (2) Where any difference arises between parties to a collective agreement that does not contain a provision for final settlement of the difference as required by subsection (1), the difference shall, notwithstanding any provision of the collective agreement, be submitted by the parties for final settlement (a) to an arbitrator selected by the parties; or (b) where the parties are unable to agree on the selection of an arbitrator and either party makes a written request to the Minister to appoint an arbitrator, to an arbitrator appointed by the Minister after such inquiry, if any, as the Minister considers necessary. Idem (3) Where any difference arises between parties to a collective agreement that contains a provision for final settlement of the difference by an arbitration board and either party fails to name its nominee to the board in accordance with the collective agreement, the difference shall, notwithstanding any provision in the collective agreement, be submitted by the parties for final settlement to an arbitrator in accordance with paragraphs (2)(a) and (b). Request to Minister for appointment of arbitrator or arbitration board chairperson (4) Where a collective agreement provides for final settlement, without stoppage of work, of differences described in subsection (1) by an arbitrator or arbitration board and the parties or their nominees are unable to agree on the selection of an arbitrator or arbitration board chairperson, as the case may be, either party or its nominee may, notwithstanding anything in the collective agreement, make a written request to the Minister to appoint an arbitrator or arbitration board chairperson, as the case may be. Appointment by Minister (5) On receipt of a written request under subsection (4), the Minister shall, after such inquiry, if any, as the Minister considers necessary, appoint an arbitrator or arbitration board chairperson, as the case may be. Effect of appointment by Minister (6) Any person appointed or selected pursuant to subsection (2), (3) or (5) as an arbitrator or arbitration board chairperson shall be deemed, for all purposes of this Part, to have been appointed pursuant to the collective agreement between the parties. R.S., 1985, c. L-2, s. 57; 1998, c. 26, s. 59(E)
Canada Labour Code — L-2 58
Decisions not to be reviewed by court 58 (1) Every order or decision of an arbitrator or arbitration board is final and shall not be questioned or reviewed in any court. No review by certiorari , etc. (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari , prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any of their proceedings under this Part. Status (3) For the purposes of the Federal Courts Act , an arbitrator appointed pursuant to a collective agreement or an arbitration board is not a federal board, commission or other tribunal within the meaning of that Act. R.S., 1985, c. L-2, s. 58; 1999, c. 31, s. 153(E); 2002, c. 8, s. 182
Canada Labour Code — L-2 59
Copy to be filed with Minister 59 A copy of every order or decision of an arbitrator or arbitration board shall be filed with the Minister by the arbitrator or arbitration board chairperson and shall be available to the public in circumstances prescribed by the Governor in Council. R.S., 1985, c. L-2, s. 59; 1998, c. 26, s. 59(E)
Canada Labour Code — L-2 60
Powers of arbitrator, etc. 60 (1) An arbitrator or arbitration board has (a) the powers conferred on the Board by paragraphs 16(a), (b), (c) and (f.1); (a.1) the power to interpret, apply and give relief in accordance with a statute relating to employment matters, whether or not there is conflict between the statute and the collective agreement; (a.2) the power to make the interim orders that the arbitrator or arbitration board considers appropriate; (a.3) the power to consider submissions provided in the form that the arbitrator or the arbitration board considers appropriate or to which the parties agree; (a.4) the power to expedite proceedings and to prevent abuse of the arbitration process by making the orders or giving the directions that the arbitrator or arbitration board considers appropriate for those purposes; and (b) power to determine any question as to whether a matter referred to the arbitrator or arbitration board is arbitrable. Power to extend time (1.1) The arbitrator or arbitration board may extend the time for taking any step in the grievance process or arbitration procedure set out in a collective agreement, even after the expiration of the time, if the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the other party would not be unduly prejudiced by the extension. Power to mediate (1.2) At any stage of a proceeding before an arbitrator or arbitration board, the arbitrator or arbitration board may, if the parties agree, assist the parties in resolving the difference at issue without prejudice to the power of the arbitrator or arbitration board to continue the arbitration with respect to the issues that have not been resolved. Idem (2) Where an arbitrator or arbitration board determines that an employee has been discharged or disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject of the arbitration, the arbitrator or arbitration board has power to substitute for the discharge or discipline such other penalty as to the arbitrator or arbitration board seems just and reasonable in the circumstances. R.S., 1985, c. L-2, s. 60; 1998, c. 26, s. 27
Canada Labour Code — L-2 61
Procedure 61 An arbitrator or arbitration board shall determine their own procedure, but shall give full opportunity to the parties to the proceeding to present evidence and make submissions to the arbitrator or arbitration board. R.S., 1985, c. L-2, s. 61; 1999, c. 31, s. 154(E)
Canada Labour Code — L-2 62
Decision of arbitration board 62 Where a difference described in subsection 57(1) is submitted to an arbitration board, the decision of a majority of those comprising the board is the decision of the board, but if a majority of those comprising the board cannot agree on a decision, the decision of the chairperson of the board is the decision of the board. R.S., 1985, c. L-2, s. 62; 1998, c. 26, s. 59(E)