GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Regulations — 32
Employer — additional documentation 32 To verify that a majority of the employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent, the Board may require the employer to file a list that identifies all of the employees in respect of whom the application is filed, along with either the specimen signatures of the employees, the home addresses of the employees, or both.
Federal Public Sector Labour Relations Regulations — 33
Application concerning managerial or confidential positions 33 (1) An application under subsection 59(1) or 71(1) of the Act for an order declaring a position to be a managerial or confidential position must set out, for each position, (a) the position title, description, number and classification, the department or agency to which it belongs, the geographic location of the position and the name of the occupant of the position; (b) the paragraph in subsection 59(1) of the Act on which the employer relies in support of the application; and (c) if the employer relies on paragraph 59(1)(h) of the Act, the paragraphs to which paragraph 59(1)(h) applies, together with the title, description, number and classification of the position in relation to which the duties and responsibilities of the occupant of the position to be excluded are alleged to be confidential. Time for filing (2) If an application referred to in subsection (1) is made in the context of an application for certification, it must be filed with the Board on or before the closing date for the application for certification. SOR/2020-43, s. 15 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 34
Objection 34 (1) An objection in respect of a position referred to in section 61 or 73 of the Act may be filed with the Board no later than 20 days after receipt of a copy of the application and must set out (a) the position title, description, number and classification, the department or agency to which it belongs and the geographic location of the position; and (b) a statement of the grounds for the objection. Copy of the objection (2) The employee organization filing the objection under (1) must provide a copy of it to the employer. SOR/2020-43, s. 16 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 35
Revocation of order 35 An application for revocation of an order in respect of a position under subsection 77(1) of the Act must set out (a) the position title, description, number and classification, the department or agency to which it belongs and the geographic location of the position; and (b) a statement of the grounds for the application for revocation. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 36
Application for revocation of certification 36 An application for revocation of certification under section 94, 98, 99, 100 or 238.17 of the Act must be filed with the Board and signed by the applicant or the applicant’s authorized representative and must contain the following information: (a) the names and contact information of the applicant and the applicant’s authorized representative, if any; (b) the name and contact information of the respondent bargaining agent; (c) if the applicant is not the employer, the employer’s name and contact information; (d) a detailed description, in both official languages, of the bargaining unit; (e) the estimated number of employees in the bargaining unit; (f) the term of the collective agreement or arbitral award, or both, as the case may be; (g) the provision of the Act that is invoked in support of the application; (h) the reasons for which the certification of the respondent bargaining agent should be revoked; and (i) the date of the application for revocation. SOR/2020-43, s. 17
Federal Public Sector Labour Relations Regulations — 37
Closing date 37 On receipt of the application for revocation of certification, the Board must (a) fix a closing date that is a date that will allow sufficient time for the employees to be notified and for them to respond, considering the number of employees who are affected by the application for revocation of certification and the locations at which they are employed, and that is no less than 15 days and no more than 40 days after the day on which the application for revocation of certification is filed; and (b) notify the bargaining agent and, if the applicant is a person other than the employer, the employer of the closing date. SOR/2014-251, s. 14
Federal Public Sector Labour Relations Regulations — 38
Copies of notice to employees 38 (1) The Board must provide the employer with as many copies of the notice of the application for revocation of certification as are necessary considering the number of employees who are affected by the application and the locations at which they are employed. Posting of copies of notice (2) On receipt of the copies of the notice, the employer must post them, until the closing date, in conspicuous places, where they are most likely to come to the attention of the employees who are affected by the application. Statement of compliance (3) Immediately after the closing date, the employer must file a statement that the employer has complied with subsection (2). SOR/2014-251, s. 15 SOR/2020-43, s. 18 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 39
Bargaining agent’s reply 39 (1) A bargaining agent must file a reply to the application for revocation of certification on or before the closing date. Form and content (1.1) The reply must be filed with the Board and signed by the authorized representative of the bargaining agent and must contain the following information: (a) the names and contact information of the bargaining agent and its authorized representative; (b) the estimated number of employees in the bargaining unit referred to in the application for revocation of certification; (c) the date of certification of the bargaining agent; (d) a copy of any collective agreement or arbitral award, or both, as the case may be, affecting the employees in the bargaining unit; and (e) the date of the reply. Attached document (2) The reply must be accompanied by a copy of any collective agreement or arbitral award applicable to the employees who are affected by the application. SOR/2020-43, s. 19 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 40
Statement of opposition 40 (1) If an employee or a group of employees is affected by an application for revocation of certification and is in opposition to it, the employee or group of employees may, on or before the closing date, file a statement of opposition. Form and content (2) The statement of opposition must be filed with the Board and signed by the employee or by each employee in the group, as the case may be, and must contain the following information (a) the name and contact information of the employee or of each employee in the group, as the case may be, and their authorized representative, if any; (b) the names of the employee, employee organization or employer that made the application for revocation; (c) the reasons for opposing the application; and (d) the date of the statement of opposition. SOR/2020-43, s. 20
Federal Public Sector Labour Relations Regulations — 41
Amendment 41 A person may file an application to amend an application for revocation of certification, reply or statement of opposition filed by that person.
Federal Public Sector Labour Relations Regulations — 42
Documentary evidence 42 (1) An application for revocation of certification must be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit. Deadline for supplementary documentary evidence (2) Any supplementary documentary evidence must be filed with the Board on or before the closing date for the application. SOR/2020-43, s. 21 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 43
Form of evidence 43 The documentary evidence that the bargaining agent no longer represents a majority of the employees in the bargaining unit must be in writing and must be signed by the employees supporting the application. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 44
Employer — additional documentation 44 To verify that the bargaining agent no longer represents a majority of the employees in the bargaining unit, the Board may require the employer to file a list that identifies all of the employees in respect of whom the application is filed, along with either the specimen signatures of the employees, the home addresses of the employees, or both.
Federal Public Sector Labour Relations Regulations — 45
Representation votes 45 (1) If the Board appoints a returning officer to conduct a representation vote, the returning officer must determine the validity of ballots in accordance with any directions given by the Board under subsection 65(2) of the Act and must report the results of the vote to the Board. Appointment (2) The returning officer may appoint one or more persons, as required, to assist in the conduct of the vote, other than in any tasks referred to in subsection (1). SOR/2014-251, s. 16 SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 46
Notice of choice of dispute resolution process 46 A notice of the choice of dispute resolution process under subsection 103(1) of the Act, must be filed with the Board, signed by the authorized representative of the bargaining agent and include (a) the name and contact information of the bargaining agent, the employer and their authorized representatives; (b) a detailed description of the bargaining unit in respect of which the choice is made; and (c) the dispute resolution process chosen. SOR/2020-43, s. 22
Federal Public Sector Labour Relations Regulations — 46.1
Application to change the process 46.1 An application to change the applicable dispute resolution process, referred to in subsection 104(1) of the Act, must be filed with the Board and signed by authorized representative of the bargaining agent and must contain the following information: (a) the names and contact information of the bargaining agent, the employer and their authorized representatives; (b) a detailed description of the bargaining unit in respect of which the choice is made; and (c) the dispute resolution process last recorded by the Board and the desired change. SOR/2020-43, s. 22
Federal Public Sector Labour Relations Regulations — 47
Request for arbitration 47 A request for arbitration under subsection 136(1) of the Act that is made to the Chairperson must be filed with the Board and signed by the authorized representative of the requestor and must contain the following information: (a) the names and contact information of the requestor and its authorized representative; (b) the name and contact information of the other party to the dispute; (c) a detailed description of the bargaining unit in respect of which the request was made; (d) the date on which the notice to bargain collectively was given under section 105 of the Act; (e) the most recent date, before the date on which the notice to bargain collectively was given, on which the Board recorded a dispute resolution process chosen by the bargaining agent in relation to the bargaining unit; (f) the steps that have been taken, including the dates of meetings that have been held and the progress that has been made in collective bargaining, after the notice to bargain collectively was given; (g) the terms or conditions of employment for which arbitration is requested; (h) the proposals, in both official languages, concerning the arbitral award to be made in respect of the terms or conditions of employment; (i) any request for the establishment of an arbitration board consisting of three members under subsection 140(1) of the Act; (j) a copy of the most recent collective agreement; and (k) the date of the request for arbitration. SOR/2014-251, s. 18 SOR/2020-43, s. 23
Federal Public Sector Labour Relations Regulations — 48
Other party’s response 48 (1) A party that receives a copy of a request for arbitration under subsection 136(1) of the Act may, no later than seven days after receipt of the copy, file its response concerning the arbitral award to be made for any term or condition of employment in respect of which the arbitration was requested. Form and content (2) The response must be filed with the Board and signed by the authorized representative of the party filing its response and must contain the following information: (a) the name and contact information of the party filing the response and its authorized representative; (b) the name and contact information of the other party to the dispute; (c) its proposals, in both official languages, concerning the arbitral award to be made in respect of the terms or conditions of employment for which arbitration was requested; (d) any request for the establishment of an arbitration board consisting of three members under subsection 140(1) of the Act; and (e) the date of the response. Request for arbitration of additional matters (3) A notice referred to in subsection 136(5) of the Act must be filed with the Board and signed by the authorized representative of the party filing the notice and contain the following information: (a) the name and contact information of the party filing the notice and its authorized representative; (b) the names and contact information of the other party to the dispute; (c) the additional terms or conditions of employment for which arbitration is requested; (d) the proposals of the party filing the notice, in both official languages, concerning the arbitral award to be made in respect of the additional terms and conditions of employment; and (e) the date of the notice. SOR/2020-43, s. 23
Federal Public Sector Labour Relations Regulations — 49
Applicant’s response 49 (1) The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 136(5) of the Act, file its response concerning the arbitral award to be made in respect of additional terms or conditions of employment referred to in paragraph 48(3)(c) for which arbitration was requested by the other party. Form and content (2) The response must be filed with the Board and signed by the authorized representative of the applicant and must contain the following information: (a) proposals, in both official languages, concerning the arbitral award to be made in respect of the additional terms or conditions of employment for which arbitration was requested; and (b) the date of the response. SOR/2020-43, s. 23
Federal Public Sector Labour Relations Regulations — 50
Representations 50 If a party objects to the referral of a matter in dispute under subsection 144(1) of the Act to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the Chairperson must give the parties the opportunity to make representations on the matter before referring it to the arbitration board. SOR/2020-43, s. 24(E)
Federal Public Sector Labour Relations Regulations — 51
Request for conciliation 51 A request for conciliation under subsection 161(1) of the Act that is made to the Chairperson must be filed with the Board and signed by the authorized representative of the requestor and must contain the following information: (a) the names and contact information of the requestor and its authorized representative; (b) the name and contact information of the other party to the dispute; (c) a detailed description of the bargaining unit in respect of which the request is made; (d) the date on which the notice to bargain collectively was given under section 105 of the Act; (e) the most recent date, before the date on which the notice to bargain collectively was given, on which the Board recorded a dispute resolution process chosen by the bargaining agent in relation to the bargaining unit; (f) the steps that have been taken, including the dates of meetings that have been held and the progress that has been made in collective bargaining, after the notice to bargain collectively was given; (g) the terms or conditions of employment for which conciliation is requested; (h) the proposals concerning the report to be made in respect of the terms or conditions of employment; (i) any request for a public interest commission consisting of three members under subsection 164(2) of the Act; (j) a copy of the most recent collective agreement; and (k) the date of the request for conciliation. SOR/2014-251, s. 20 SOR/2020-43, s. 26
Federal Public Sector Labour Relations Regulations — 52
Other party’s response 52 (1) A party that receives a copy of a request for conciliation under subsection 161(1) of the Act may, no later than seven days after receipt of the copy, file its response concerning the report to be made in respect of any term or condition of employment for which the conciliation was requested. Form and content (2) The response must be filed with the Board signed by the authorized representative of the party filing its response and must contain the following information: (a) the names and contact information of the party filing the response and its authorized representative; (b) the name and contact information of the other party to the dispute; (c) the proposals concerning the report to be made in respect of the terms or conditions of employment for which conciliation was requested; (d) any request for a public interest commission consisting of three members under subsection 164(2) of the Act; and (e) the date of the response. Request for conciliation of additional matters (3) A notice referred to in subsection 161(4) of the Act must be filed with the Board and signed by the authorized representative of the party filing the notice and must contain the following information: (a) the name and contact information of the party filing the notice and its authorized representative; (b) the name and contact information of the other party to the dispute; (c) the additional terms or conditions of employment for which conciliation is requested; (d) the proposals concerning the report to be made in respect of the additional terms or conditions of employment; and (e) the date of the notice. SOR/2020-43, s. 26
Federal Public Sector Labour Relations Regulations — 53
Applicant’s response 53 (1) The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 161(4) of the Act, file its response concerning the report to be made in respect of additional terms or conditions of employment referred to in paragraph 52(3)(c) for which conciliation was requested by the other party. Form and content (2) The response must be filed with the Board and signed by the authorized representative of the applicant and contain the following information: (a) the proposals concerning the report to be made in respect of the additional terms or conditions of employment referred to in paragraph 52(3)(c) for which conciliation was requested; and (b) the date of the response. SOR/2020-43, s. 26
Federal Public Sector Labour Relations Regulations — 54
Statement respecting strike vote 54 (1) The bargaining agent must, no later than the day after the day on which the results of a strike vote are announced, file a statement respecting the strike vote. Form and content (2) The statement must be filed with the Board and signed by the authorized representative of the bargaining agent and contain the following information: (a) the names and contact information of the bargaining agent and its authorized representative; (b) the name of the employer; (c) a detailed description of the bargaining unit in which the strike vote was held; (d) the number of employees in the bargaining unit; (e) the date on which the strike vote was held; (f) the date on which the results of the strike vote were announced; (g) the oath or solemn affirmation of the authorized representative that the statement is true to the best of their knowledge and that the representative was authorized to make the statement, sworn or solemnly affirmed before a commissioner for taking a declaration under oath or any other person authorized by law to administer an oath or a solemn affirmation; and (h) the date of the statement. SOR/2014-251, s. 21 SOR/2020-43, s. 27
Federal Public Sector Labour Relations Regulations — 55
Application to have strike vote declared invalid 55 An application for a declaration that a strike vote is invalid under subsection 184(2) of the Act must be filed with the Board and signed by the applicant or their authorized representative, and must contain the following information: (a) the names and contact information of the applicant and their authorized representative, if any; (b) the names of the bargaining agent and the employer; (c) a description of the bargaining unit in which the strike vote was held; (d) the date on which the results of the strike vote were announced; (e) the irregularities alleged to have occurred in the conduct of the vote; and (f) the date of the application for a declaration that a strike vote is invalid. SOR/2020-43, s. 27
Federal Public Sector Labour Relations Regulations — 56
Bargaining agent’s reply 56 A bargaining agent must, no later than five days after receipt of a copy of the application for a declaration that a strike vote is invalid, file a reply to it. SOR/2020-43, s. 50(E)
Federal Public Sector Labour Relations Regulations — 57
Complaint 57 A complaint under section 190 of the Act must be filed with the Board and signed by the complainant or their authorized representative and must contain the following information: (a) the names and contact information of the complainant and their authorized representative, if any; (b) the name and contact information of the respondent; (c) the paragraph of subsection 190(1) of the Act on which the complaint is based; (d) a concise statement of each act, omission or other matter giving rise to the complaint; (e) the date on which the complainant knew of the act, omission or other matter giving rise to the complaint; (f) if the complaint alleges an unfair labour practice prohibited by paragraph 188(b) or (c) of the Act and if the employee organization has established a grievance or appeal procedure, then (i) if the employee organization has provided the complainant with a copy of the decision with respect to the grievance or appeal, the date on which they received the decision, or (ii) if the complainant did not receive a copy of the decision with respect to the grievance or appeal, the date on which a grievance or appeal was presented in accordance with any procedure that has been established by the employee organization; (g) the steps that have been taken by or on behalf of the complainant for the resolution of the act, omission or other matter giving rise to the complaint; (h) the corrective action sought under subsection 192(1) of the Act; and (i) the date of the complaint. SOR/2020-43, s. 28
Federal Public Sector Labour Relations Regulations — 57.1
Canada Labour Code 57.1 A complaint under section 133 of the Canada Labour Code that is made to the Board must be signed by the complainant or their authorized representative and must contain the following information: (a) the names and contact information of the complainant and their authorized representative, if any; (b) the name and contact information of the employer; (c) a concise statement of each act, omission or other matter giving rise to the complaint; (d) the steps that have been taken by or on behalf of the complainant for the resolution of the act, omission or other matter giving rise to the complaint; (e) the corrective action sought under section 134 of the Canada Labour Code ; and (f) the date of the complaint. SOR/2014-251, s. 22 SOR/2020-43, s. 29