GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Act — P-33.3 16
Powers 16 The Board has, in relation to any matter before it, the power to (a) examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council; (b) examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council; (c) require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees; (d) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it; (e) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and (f) authorize any person to do anything that the Board may do under paragraphs (a) to (e) and require the person to report to it on what the person has done. 2003, c. 22, s. 2 “16”; 2013, c. 40, ss. 296, 367
Federal Public Sector Labour Relations Act — P-33.3 39
Authority to make regulations 39 The Board may make regulations concerning (a) the certification of bargaining agents for bargaining units; (b) the determination of units appropriate for collective bargaining; (c) the time and manner of making applications under section 59, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications; (d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1)(c); (e) the manner of making applications under sections 71 and 77, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 71; (f) 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 a bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations; (g) the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation; (h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications; (i) to (k) [Repealed, 2013, c. 40, s. 368] (l) the circumstances in which the following evidence may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received: (i) evidence as to membership of employees in an employee organization, (ii) evidence of objection by employees to certification of an employee organization, and (iii) evidence of signification by employees that they no longer wish to be represented by an employee organization; and (m) any other matter that is incidental or conducive to the attainment of the objects of this Part or Division 1 of Part 2.1. 2003, c. 22, s. 2 “39”; 2013, c. 40, ss. 297, 368; 2017, c. 9, s. 6; 2018, c. 24, s. 2
Federal Public Sector Labour Relations Act — P-33.3 42
Scope of orders 42 In making an order or a decision, or doing any other thing in relation to any person under this Act, the Board may do so either generally or in any particular case or class of cases.
Federal Public Sector Labour Relations Act — P-33.3 43
Review of orders and decisions 43 (1) Subject to subsection (2), the Board may review, rescind or amend any of its orders or decisions, or may re-hear any application before making an order in respect of the application. Exception (2) A right that is acquired by virtue of an order or a decision that is reviewed, rescinded or amended by the Board may not be altered or extinguished with effect from a day that is earlier than the day on which the review, rescission or amendment is made.
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44 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 45
45 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 46
46 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 47
47 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 48
48 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 49
49 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 50
50 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 51
51 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 52
52 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]
Federal Public Sector Labour Relations Act — P-33.3 54
Right to apply 54 Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay. 2003, c. 22, s. 2 “54”; 2017, c. 9, s. 7
Federal Public Sector Labour Relations Act — P-33.3 55
Agreements for term of two years or less 55 (1) If a collective agreement, or an arbitral award, with a term of two years or less applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only after the commencement of the last two months of its term. Agreements for term of more than two years (2) If a collective agreement, or an arbitral award, with a term of more than two years applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only (a) after the commencement of the twenty-third month of its term and before the commencement of the twenty-fifth month of its term; (b) during the two-month period immediately before the end of each year that the agreement or award continues to be in force after the second year of its term; or (c) after the commencement of the last two months of its term. Agreements for an indefinite term (3) If a collective agreement that applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent provides that it will continue to operate after the term specified in it for a further term or successive terms if either party fails to give to the other a notice of termination or a notice of its desire to bargain with a view to the renewal of the collective agreement, with or without modifications, the application for certification may be made (a) at any time permitted by subsection (1) or (2), as the case may be; or (b) during the two-month period immediately before the end of each year that the collective agreement continues to operate after the term specified in the collective agreement.
Federal Public Sector Labour Relations Act — P-33.3 56
Continuation of terms and conditions 56 After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer is not authorized, except under a collective agreement or with the consent of the Board, to alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until (a) the application has been withdrawn by the employee organization or dismissed by the Board; or (b) 30 days have elapsed after the day on which the Board certifies the employee organization as the bargaining agent for the unit. 2003, c. 22, s. 2 “56”; 2017, c. 9, s. 8
Federal Public Sector Labour Relations Act — P-33.3 57
Determination of unit 57 (1) When an application for certification is made under section 54, the Board must determine the group of employees that constitutes a unit appropriate for collective bargaining. Consideration of employer’s classification (2) In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer. Unit co-extensive with occupational groups (3) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining. Composition of bargaining unit (4) 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 the application for certification was made.
Federal Public Sector Labour Relations Act — P-33.3 58
Determination of questions of membership in bargaining units 58 On application by the employer or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board to constitute a unit appropriate for collective bargaining, or is included in any other unit.
Federal Public Sector Labour Relations Act — P-33.3 59
Application 59 (1) After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that (a) the position is confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, or a deputy head; (b) the position is classified by the employer as being in the executive group, by whatever name called; (c) the occupant of the position provides advice on labour relations, staffing or classification; (d) the occupant of the position has substantial duties and responsibilities in the formulation and determination of any policy or program of the Government of Canada; (e) the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2 or Division 2 of Part 2.1; (f) the occupant of the position is directly involved in the process of collective bargaining on behalf of the employer; (g) the occupant of the position has duties and responsibilities not otherwise described in this subsection and should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer; or (h) the occupant of the position has, in relation to labour relations matters, duties and responsibilities confidential to the occupant of a position described in paragraph (b), (c), (d) or (f). Content of application (2) The application must set out every position that the employer considers to be a position referred to in any of paragraphs (1)(a) to (h). 2003, c. 22, ss. 2 “59”, 275; 2017, c. 9, s. 9
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Copy to employee organization 60 The employer must provide the employee organization seeking to be certified with a copy of the application.
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Objection 61 If the employee organization considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board.
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Decision on objection 62 (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the employee organization an opportunity to make representations, determine whether the position is a position referred to in any of paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position. Burden of proof on employee organization (2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the employee organization. Burden of proof on employer (3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer.
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When no objection filed 63 If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position.
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Conditions for certification 64 (1) After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if the Board is satisfied (a) that a majority of employees in that bargaining unit wish the applicant employee organization to represent them as their bargaining agent; (b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and (c) if the applicant is a council of employee organizations, 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. (1.1) [Repealed, 2017, c. 12, s. 8] Where previous application denied within six months (2) If an application for certification of an employee organization as the bargaining agent for a proposed bargaining unit has been denied by the Board, the Board may not consider a new application for certification from that employee organization in respect of the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the employee organization was last denied certification, unless the Board is satisfied that the previous application was denied by reason only of a technical error or omission made in connection with the application. Membership in council of employee organizations (3) For the purpose of paragraph (1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council. 2003, c. 22, s. 2 “64”; 2014, c. 40, s. 9; 2017, c. 9, ss. 10, 70, c. 12, s. 8
Federal Public Sector Labour Relations Act — P-33.3 65
Representation vote 65 (1) The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent. Arrangements for vote (2) When the Board orders that a representation vote be taken, it must (a) determine the employees who are eligible to vote; and (b) make any arrangements and give any directions that it considers necessary for the proper conduct of the vote, including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes. 2003, c. 22, s. 2 “65”; 2014, c. 40, s. 10; 2017, c. 12, s. 9
Federal Public Sector Labour Relations Act — P-33.3 66
Employer participation 66 (1) The Board may not certify an employee organization as a bargaining agent if it is of the opinion that the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit for which it is proposed to be certified. Discrimination (2) The Board may not certify an employee organization as a bargaining agent if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act .
Federal Public Sector Labour Relations Act — P-33.3 67
Effect of certification 67 Certification of an employee organization as the bargaining agent for a bargaining unit has the following effects: (a) the employee organization has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit; (b) the certification of any employee organization that was previously certified as the bargaining agent for any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees; (c) the employee organization is substituted as a party to any collective agreement or arbitral award that affects any employees in the bargaining unit, to the extent that the agreement or award relates to those employees, in the place of the bargaining agent named in the collective agreement or its successor; (d) the employee organization is deemed to be the bargaining agent for the purposes of section 107; and (e) the employee organization is substituted as a party to any essential services agreement that is in force, in the place of the bargaining agent named in the agreement or its successor. 2003, c. 22, s. 2 “67”; 2013, c. 40, s. 299; 2018, c. 24, s. 3
Federal Public Sector Labour Relations Act — P-33.3 68
Termination of existing collective agreement or arbitral award 68 An employee organization that is certified as the bargaining agent for a bargaining unit may, despite anything contained in any collective agreement or arbitral award that is binding on any employees in the bargaining unit on the day of certification, 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 given within one month from the day of certification.
Federal Public Sector Labour Relations Act — P-33.3 69
Rights of previous or new bargaining agent 69 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 paragraph 67(b) or (c) or section 68 must, on application by the employer or the previous or new bargaining agent, be determined by the Board.
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Review of structure of bargaining units 70 (1) If the Board reviews the structure of one or more bargaining units, it must, in determining whether a group of employees constitutes a unit appropriate for collective bargaining, have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer. Unit co-extensive with occupational groups (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining. Limitation (3) Despite subsection (1), the Board is not permitted to review the structure of the bargaining unit determined under section 238.14. 2003, c. 22, s. 2 “70”; 2017, c. 9, s. 11
Federal Public Sector Labour Relations Act — P-33.3 71
Application 71 (1) The employer may apply to the Board for an order declaring that any position of an employee in a bargaining unit for which a bargaining agent has been certified by the Board is a managerial or confidential position on the grounds that the position is a position referred to in any of paragraphs 59(1)(a) to (h). Content of application (2) The application must set out every position the employer considers to be a position referred to in any of paragraphs 59(1)(a) to (h).
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Copy to bargaining agent 72 The employer must provide the bargaining agent with a copy of the application.
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Objection 73 If the bargaining agent considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board.
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Decision on objection 74 (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is a position referred to in any paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position. Burden of proof on bargaining agent (2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the bargaining agent. Burden of proof on employer (3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer.
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When no objection filed 75 If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position.
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Membership dues 76 (1) If an objection is filed under section 73, the employer must hold the amount that would otherwise be the membership dues in respect of the occupant of the position to which the objection relates until the Board makes an order declaring the position to be a managerial or confidential position, until it dismisses the application in respect of the position or until the objection is withdrawn, as the case may be. Remission of dues to occupant of position (2) If the Board makes an order declaring the position to be a managerial or confidential position or the objection is withdrawn, the amount held by the employer under subsection (1) must be remitted to the person to whom it relates. Remission of dues to bargaining agent (3) If the Board makes an order dismissing the application in respect of the position, the amount held by the employer under subsection (1) must be remitted to the bargaining agent.