GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Act — P-33.3 77
Application for revocation of order 77 (1) If the bargaining agent considers that a position is no longer a managerial or confidential position, the bargaining agent may apply to the Board for an order revoking the order that declared that position to be a managerial or confidential position. Copy to employer (2) The bargaining agent must provide the employer with a copy of the application.
Federal Public Sector Labour Relations Act — P-33.3 78
Decision 78 (1) If an application is made under section 77, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is still a managerial or confidential position and, if it determines that it is not, make an order revoking the order that declared 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 no longer a managerial or confidential position is on the bargaining agent.
Federal Public Sector Labour Relations Act — P-33.3 79
Mergers, amalgamations and transfers of jurisdiction 79 (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award, an essential services agreement or otherwise. Board to determine questions (2) If any question arises in respect of a merger, amalgamation or transfer of jurisdiction referred to in subsection (1) concerning the rights, privileges and duties of an employee organization under this Part or Division 1 of Part 2.1 or under a collective agreement, an arbitral award or an essential services agreement in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained. Inquiry and votes (3) Before making a determination on the application, the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the determination. The provisions of subsection 65(2) apply in relation to the taking of the vote. 2003, c. 22, s. 2 “79”; 2013, c. 40, s. 300; 2017, c. 9, s. 12; 2018, c. 24, s. 4
Federal Public Sector Labour Relations Act — P-33.3 80
Definitions 80 The following definitions apply in this section and sections 81 to 93. conversion means the establishment as a separate agency, or the integration into a separate agency, of any portion, or part of a portion, of the core public administration. ( conversion ) new separate agency means a separate agency established as a result of a conversion or into which is integrated any portion, or part of a portion, of the core public administration as the result of a conversion. ( nouvel organisme distinct )
Federal Public Sector Labour Relations Act — P-33.3
conversion means the establishment as a separate agency, or the integration into a separate agency, of any portion, or part of a portion, of the core public administration. ( conversion )
Federal Public Sector Labour Relations Act — P-33.3
new separate agency means a separate agency established as a result of a conversion or into which is integrated any portion, or part of a portion, of the core public administration as the result of a conversion. ( nouvel organisme distinct )
Federal Public Sector Labour Relations Act — P-33.3 81
Continuation of collective agreement or arbitral award 81 Subject to sections 83 to 93, a collective agreement or arbitral award that applies to employees in any portion, or part of a portion, of the core public administration before its conversion continues in force after the conversion, and binds the new separate agency, until its term expires.
Federal Public Sector Labour Relations Act — P-33.3 82
Parties may amend 82 Nothing in section 81 prohibits the new separate agency and the bargaining agent from amending any provision of a collective agreement, other than a provision relating to its term.
Federal Public Sector Labour Relations Act — P-33.3 83
Application for certification 83 An employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force by section 81, but it may do so only during the period in which an application for certification is authorized to be made under section 55 in respect of those employees.
Federal Public Sector Labour Relations Act — P-33.3 84
Power of Board 84 (1) Whenever a collective agreement or arbitral award is continued in force by section 81, the Board must, by order, on application by the new separate agency or any bargaining agent affected by the conversion, (a) determine whether the employees of the new separate agency who are bound by any collective agreement or arbitral award constitute one or more units appropriate for collective bargaining; (b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and (c) in respect of each collective agreement or arbitral award that binds employees of the new separate agency, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiration of its term or until any earlier date that the Board may fix. When application may be made (2) The application may be made only during the period beginning 120 days and ending 150 days after the conversion date.
Federal Public Sector Labour Relations Act — P-33.3 85
Application for leave to give notice to bargain collectively 85 (1) Either party to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 84(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively. When application may be made (2) The application must be made within 90 days after the day on which the order is made.
Federal Public Sector Labour Relations Act — P-33.3 86
Application for leave to give notice to bargain collectively 86 (1) If no application for an order under subsection 84(1) is made within the period specified in subsection 84(2), the new separate agency or any bargaining agent bound by a collective agreement or arbitral award that is continued in force by section 81 may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively. When application may be made (2) The application may be made only during the period beginning 151 days and ending 240 days after the date of the conversion.
Federal Public Sector Labour Relations Act — P-33.3 87
Notice to bargain given before conversion 87 A notice to bargain collectively that was given before a conversion does not bind the new separate agency and a new notice to bargain collectively may be given only in the circumstances described in paragraph 89(b).
Federal Public Sector Labour Relations Act — P-33.3 88
Duty to observe terms and conditions 88 If a notice to bargain collectively was given before a conversion, then, unless the new separate agency and the bargaining agent agree otherwise, the terms and conditions of employment continued in force by section 107 are binding on the new separate agency, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the date of the conversion until (a) the expiry of 150 days following the date of the conversion, if no application is made under paragraph 89(a); or (b) if such an application is made, the day the notice referred to in paragraph 89(b) is given.
Federal Public Sector Labour Relations Act — P-33.3 89
Application and notice to bargain 89 If a notice to bargain collectively was given before a conversion, (a) on application by the new separate agency or bargaining agent, made during the period beginning 120 days, and ending 150 days, after the date of the conversion, the Board must make an order determining (i) whether the employees of the new separate agency who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and (ii) which employee organization is to be the bargaining agent for the employees in each such unit; and (b) if the Board makes the determinations under paragraph (a), the new separate agency or the bargaining agent may, by notice given under section 105, require the other to commence collective bargaining for the purpose of entering into a collective agreement.
Federal Public Sector Labour Relations Act — P-33.3 90
Inquiry and votes 90 Before making an order under subsection 84(1) or paragraph 89(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order. The provisions of subsection 65(2) apply in relation to the taking of a vote.
Federal Public Sector Labour Relations Act — P-33.3 91
Consideration of employer’s classification 91 (1) For the purposes of paragraphs 84(1)(a) and 89(a), 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 (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.
Federal Public Sector Labour Relations Act — P-33.3 92
Determination of questions of membership in bargaining units 92 On application by the new separate agency 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 under paragraph 84(1)(a) or 89(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit.
Federal Public Sector Labour Relations Act — P-33.3 93
Employer participation 93 (1) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it is of the opinion that the new separate agency, or a person acting on behalf of the new separate agency, 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. Discrimination (2) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) 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 94
When employee organization no longer represents employees 94 (1) Any person claiming to represent a majority of the employees in a bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit. When application may be made (2) The application may be made only during the period in which an application for certification of an employee organization may be made under section 55 in respect of employees in the bargaining unit. 2003, c. 22, s. 2 “94”; 2014, c. 40, s. 11; 2017, c. 12, s. 10
Federal Public Sector Labour Relations Act — P-33.3 95
Taking of representation vote 95 After the application is made, the Board may order that a representation vote be taken to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit. The provisions of subsection 65(2) apply in relation to the taking of the vote. 2003, c. 22, s. 2 “95”; 2014, c. 40, s. 12; 2017, c. 12, s. 11
Federal Public Sector Labour Relations Act — P-33.3 96
Revocation of certification 96 If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent. 2003, c. 22, s. 2 “96”; 2014, c. 40, s. 12; 2017, c. 12, s. 11
Federal Public Sector Labour Relations Act — P-33.3 97
Certification obtained by fraud 97 The Board must revoke the certification of an employee organization if the Board is satisfied that it was obtained by fraud.
Federal Public Sector Labour Relations Act — P-33.3 98
Employer participation or discrimination 98 The Board must revoke the certification of an employee organization as the bargaining agent for a bargaining unit if the Board, on application by the employer or any employee, determines that (a) 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; or (b) the employee organization 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 99
Abandonment of certification 99 The Board must revoke the certification of an employee organization if the employee organization advises the Board that it wishes to give up or abandon its certification or if the Board, on application by the employer or any employee, determines that the employee organization has ceased to act as bargaining agent.
Federal Public Sector Labour Relations Act — P-33.3 100
Council of employee organizations 100 (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1)(c) for a council of employee organizations. Additional circumstances (2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99 and section 238.17. 2003, c. 22, s. 2 “100”; 2017, c. 9, s. 13
Federal Public Sector Labour Relations Act — P-33.3 101
Effect of revocation 101 (1) Revocation of the certification of an employee organization certified as the bargaining agent for a bargaining unit has the following effects: (a) subject to paragraph 67(c), any collective agreement or arbitral award that is binding on the employees in the bargaining unit ceases to be in force; (b) subject to subsection (2), any rights or privileges flowing from the certification are terminated; and (c) subject to paragraph 67(e), any essential services agreement that is in force in respect of positions in the bargaining unit ceases to be in force. Determination of rights of bargaining agent (2) If the certification of an employee organization is revoked by the Board under section 96, any of sections 98 to 100 or section 238.17, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization. 2003, c. 22, s. 2 “101”; 2013, c. 40, s. 301; 2017, c. 9, s. 14; 2018, c. 24, s. 5
Federal Public Sector Labour Relations Act — P-33.3 102
Direction 102 If a collective agreement or arbitral award ceases to be in force as a result of the revocation of an employee organization’s certification as the bargaining agent for a bargaining unit, the Board must, on application by or on behalf of any employee in the bargaining unit, by order, direct the manner in which any right of the employee is to be recognized and given effect.
Federal Public Sector Labour Relations Act — P-33.3 103
Choice of process 103 (1) A bargaining agent for a bargaining unit must notify the Board, in accordance with the regulations, of the process it has chosen — either arbitration or conciliation — to be the process for the resolution of disputes to which it may be a party. Recording of process (2) The Board must record the process chosen by the bargaining agent for the resolution of disputes. Period during which process to apply (3) The process recorded by the Board applies to the bargaining unit for the resolution of all disputes from the day on which a notice to bargain collectively in respect of the bargaining unit is given after the process is chosen, and it applies until the process is changed in accordance with section 104. 2003, c. 22, s. 2 “103”; 2013, c. 40, s. 302; 2018, c. 24, s. 6
Federal Public Sector Labour Relations Act — P-33.3 104
Change of process 104 (1) A bargaining agent for a bargaining unit that wishes to change the process for the resolution of a dispute that is applicable to the bargaining unit may apply to the Board, in accordance with the regulations, to record the change. Recording of change (2) On receiving the application, the Board must record the change of process. Effective date and duration (3) A change in the process for the resolution of a dispute becomes effective on the day that a notice to bargain collectively is given after the change is recorded and remains in force until the process is changed in accordance with this section. 2003, c. 22, s. 2 “104”; 2013, c. 40, s. 302; 2018, c. 24, s. 6
Federal Public Sector Labour Relations Act — P-33.3 105
Notice to bargain collectively 105 (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit and the process for the resolution of a dispute applicable to that bargaining unit has been recorded by the Board, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement. When notice may be given (2) The notice to bargain collectively may be given (a) at any time, if no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part; or (b) if a collective agreement or arbitral award is in force, within the four months before it ceases to be in force. (2.1) [Repealed, 2018, c. 24, s. 7] Copy of notice to Board (3) A party that has given a notice to bargain collectively to another party must send a copy of the notice to the Board. 2003, c. 22, s. 2 “105”; 2013, c. 40, s. 303; 2018, c. 24, s. 7
Federal Public Sector Labour Relations Act — P-33.3 106
Duty to bargain in good faith 106 After the notice to bargain collectively is given, the bargaining agent and the employer must, without delay, and in any case within 20 days after the notice is given unless the parties otherwise agree, (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and (b) make every reasonable effort to enter into a collective agreement.
Federal Public Sector Labour Relations Act — P-33.3 107
Duty to observe terms and conditions 107 Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or (a) if the process for the resolution of a dispute is arbitration, an arbitral award is rendered; or (b) if the process for the resolution of a dispute is conciliation, a strike could be declared or authorized without contravening subsection 194(1). 2003, c. 22, s. 2 “107”; 2013, c. 40, s. 304; 2018, c. 24, s. 8
Federal Public Sector Labour Relations Act — P-33.3 108
Appointment of mediator 108 (1) The Chairperson may at any time, if requested to do so or on his or her own initiative, appoint a mediator to confer with the parties to a dispute and to endeavour to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact-finding, subject to any direction that the Chairperson may give. Recommendations (2) At the request of the parties or the Chairperson, the mediator may make recommendations for settlement of the dispute.
Federal Public Sector Labour Relations Act — P-33.3 109
Negotiation of single collective agreement 109 (1) Despite any other provision of this Part, the employer and one or more bargaining agents may jointly elect to engage in collective bargaining with a view to entering into a single collective agreement binding on two or more bargaining units. Election not changeable (2) If made, the election may not be changed until the single collective agreement is entered into.
Federal Public Sector Labour Relations Act — P-33.3 110
Two-tier bargaining 110 (1) Subject to the other provisions of this Part, the employer, the bargaining agent for a bargaining unit and the deputy head for a particular department named in Schedule I to the Financial Administration Act or for another portion of the federal public administration named in Schedule IV to that Act may jointly elect to engage in collective bargaining respecting any terms and conditions of employment in respect of any employees in the bargaining unit who are employed in that department or other portion of the federal public administration. More than one department or portion (2) Collective bargaining under subsection (1) may relate to more than one department or other portion of the federal public administration if each of the deputy heads concerned elects to engage in the collective bargaining. Duty to bargain in good faith (3) The parties who elect to bargain collectively under subsection (1) must, without delay after the election, (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and (b) make every reasonable effort to reach agreement on the terms and conditions of employment in question.
Federal Public Sector Labour Relations Act — P-33.3 111
Authority of Treasury Board 111 The Treasury Board may, in the manner that may be provided for by any rules or procedures determined by it under section 5 of the Financial Administration Act , enter into a collective agreement with the bargaining agent for a bargaining unit, other than a bargaining unit composed of employees of a separate agency.
Federal Public Sector Labour Relations Act — P-33.3 112
Authority of separate agency 112 A separate agency may, with the approval of the Governor in Council, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the separate agency.