GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Parliamentary Employment and Staff Relations Act — P-1.3 32
Revocation of certification of council 32 (1) Where an employee organization that is a council of employee organizations has been certified as bargaining agent for a bargaining unit, the Board, on application to it by the employer affected or an employee organization that forms or has formed part of the council, shall revoke the certification of the council where it determines that the council no longer meets the additional requirements for certification required for a council of employee organizations by subsection 19(2) by reason of an alteration in the constituent membership of the council or any other circumstance. Subsection (1) is in addition to other circumstances (2) The circumstances set out in subsection (1) shall be in addition to the circumstances in which, pursuant to section 29, 30 or 31, the certification of a bargaining agent may be revoked.
Parliamentary Employment and Staff Relations Act — P-1.3 33
Effect of revocation 33 Where, at the time the certification of a bargaining agent for a bargaining unit is revoked, a collective agreement or arbitral award binding on the employees in that bargaining unit is in force, the agreement or award shall thereupon cease to be in effect, except where another employee organization is substituted as a party to the agreement or award on the revocation of that certification.
Parliamentary Employment and Staff Relations Act — P-1.3 34
Determination of rights of bargaining agent 34 Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30 or 32, any question as to any right or duty of that bargaining agent or of any new bargaining agent replacing it shall, on application by either organization, be determined by the Board.
Parliamentary Employment and Staff Relations Act — P-1.3 35
Direction 35 Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30, 31 or 32 and as a result thereof a collective agreement or arbitral award binding on the employees in the bargaining unit ceases to be in effect or a collective agreement or arbitral award applying to the bargaining unit is void, the Board shall, on application to it by or on behalf of any employee and in accordance with any regulations made by it in respect thereof, direct the manner in which any right acquired by, or determined by the Board to have accrued to, an employee that is affected by the revocation is to be recognized and given effect to.
Parliamentary Employment and Staff Relations Act — P-1.3 36
Mergers, amalgamations and transfers of jurisdiction 36 Where, on a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations otherwise than as a result of revocation of certification, any question arises concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement or arbitral award in respect of a bargaining unit or an employee therein, the Board, on application to it by any employee organization affected, shall examine the question and may, in accordance with any regulations made by it in respect thereof, declare or determine what rights, privileges and duties, if any, have been acquired or are retained, as the case may be, by that employee organization.
Parliamentary Employment and Staff Relations Act — P-1.3 37
Notice to bargain collectively 37 (1) Where the Board has certified an employee organization as bargaining agent for a bargaining unit, the bargaining agent, on behalf of the employees in the bargaining unit, may require the employer affected or the employer may require the bargaining agent, by notice in writing given in accordance with subsection (2), to commence bargaining collectively, with a view to the conclusion of a collective agreement. When notice may be given (2) Notice to bargain collectively may be given (a) where 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, at any time; and (b) where a collective agreement or arbitral award is in force, within the period of two months before the agreement or award ceases to operate.
Parliamentary Employment and Staff Relations Act — P-1.3 38
Commencement of collective bargaining 38 Where notice to bargain collectively has been given, the bargaining agent and the officers designated to represent the employer affected shall, without delay, but in any case within twenty days after the notice was given or within such further time as the parties may agree, meet and commence to bargain collectively in good faith and make every reasonable effort to conclude a collective agreement.
Parliamentary Employment and Staff Relations Act — P-1.3 39
Continuation in force of terms and conditions 39 Where notice to bargain collectively has been given, any term or condition of employment applicable to the employees in the bargaining unit in respect of which the notice was given that may be embodied in a collective agreement and that was in force on the day the notice was given shall remain in force and shall be observed by the employer affected, the bargaining agent for the bargaining unit and the employees in the bargaining unit, except as otherwise provided by any agreement in that behalf that may be entered into by the employer and the bargaining agent, until such time as (a) a collective agreement has been entered into by the parties and no request for arbitration in respect of that term or condition of employment, or in respect of any term or condition of employment proposed to be substituted therefor, has been made in the manner and within the time prescribed therefor by this Part; or (b) a request for arbitration in respect of that term or condition of employment, or in respect of any term or condition of employment proposed to be substituted therefor, has been made in accordance with this Part and a collective agreement has been entered into or an arbitral award has been rendered in respect thereof.
Parliamentary Employment and Staff Relations Act — P-1.3 40
Request for conciliation 40 Where an employer or a bargaining agent advises the Board by notice in writing of the inability of the parties to reach agreement on any term or condition of employment that may be embodied in a collective agreement and that it desires the assistance of a conciliator in reaching agreement, the Chairperson may appoint a conciliator who shall, forthwith after the appointment, confer with the parties and endeavour to assist them in reaching agreement. R.S., 1985, c. 33 (2nd Supp.), s. 40; 2003, c. 22, s. 187(E)
Parliamentary Employment and Staff Relations Act — P-1.3 41
Report of conciliator 41 A conciliator shall, within fourteen days from the date of his appointment or within such longer period as the Chairperson may determine, report his success or failure to the Chairperson. R.S., 1985, c. 33 (2nd Supp.), s. 41; 2003, c. 22, s. 187(E)
Parliamentary Employment and Staff Relations Act — P-1.3 42
Authority of employer 42 An employer may enter into a collective agreement with the bargaining agent for a bargaining unit applicable to employees in that bargaining unit.
Parliamentary Employment and Staff Relations Act — P-1.3 43
Time within which agreement to be implemented 43 (1) The provisions of a collective agreement shall, subject to the appropriation by or under the authority of Parliament of any moneys that may be required, be implemented by the parties (a) where a period within which the collective agreement is to be implemented is specified in the collective agreement, within that period; and (b) where no period for implementation is specified in the collective agreement, within a period of ninety days from the date of its execution or, on application by either party to the agreement, within such longer period as may appear reasonable to the Board. Term or condition requiring legislative implementation (2) No collective agreement shall provide, directly or indirectly, for the alteration or elimination of any existing term or condition of employment or the establishment of any new term or condition of employment (a) the alteration or elimination of which or the establishment of which, as the case may be, would require or have the effect of requiring the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating moneys required for its implementation; or (b) that has been or after the coming into force of this Part is, as the case may be, established pursuant to the Government Employees Compensation Act or the Public Service Superannuation Act .
Parliamentary Employment and Staff Relations Act — P-1.3 44
When agreement effective 44 (1) A collective agreement has effect in respect of a bargaining unit on and after (a) where an effective date is specified, that day; and (b) where no effective date is specified, the first day of the month next following the month in which the agreement is executed. Where no provision as to term of agreement (2) Where a collective agreement contains no provision as to its term, or is for a term of less than one year, the collective agreement shall be deemed to be for a term of one year from the day on and after which it has effect pursuant to subsection (1). Saving provision (3) Nothing in subsection (2) shall be construed as preventing the amendment or revision of any provision of a collective agreement, other than a provision relating to the term of the collective agreement, that, under the agreement, may be amended or revised during the term thereof.
Parliamentary Employment and Staff Relations Act — P-1.3 45
Binding effect of agreement 45 A collective agreement is, subject to and for the purposes of this Part, binding on the employer affected, on the bargaining agent that is a party thereto and its constituent elements, and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and after the day on and after which it has effect pursuant to subsection 44(1).
Parliamentary Employment and Staff Relations Act — P-1.3 46
Provisions applicable to resolution of dispute 46 Where an employer and the bargaining agent for a bargaining unit have bargained collectively in good faith with a view to concluding a collective agreement but have failed to reach agreement, sections 50 to 61 apply to the resolution of the dispute.
Parliamentary Employment and Staff Relations Act — P-1.3 47
Board to appoint panels 47 (1) The Board shall appoint two panels, one panel to consist of at least three persons representative of the interests of the employers and the other to consist of at least three persons representative of the interests of employees. Tenure of members of panels (2) A member of a panel appointed by the Board under subsection (1) shall be appointed to hold office for such term as the Board considers appropriate. Eligibility (3) A person is not eligible to hold office as a member of a panel if the person is not eligible to be a member of the Board or, if the person is a member of the Board, unless the person is a member of the Board pursuant to a selection under section 48.
Parliamentary Employment and Staff Relations Act — P-1.3 48
Board for arbitration 48 (1) In respect of each dispute referred to arbitration, the Board shall be deemed to consist, for the period of the arbitration proceedings and for the purposes of the arbitration only, of a member of the Board and two other persons, one each selected by the Board from each panel appointed under subsection 47(1). Deemed membership on Board during arbitration proceedings (2) A person selected by the Board from a panel under subsection (1) shall be deemed to be a member of the Board for the period of the arbitration proceedings in respect of which the person is selected. Qualifications to serve on Board for arbitration (3) No person shall act as a member of the Board in respect of a matter referred to arbitration if the person has at any time during the six months immediately preceding the day of the selection of that person under subsection (1) acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer affected or of any employee organization that has an interest in the matter referred to arbitration.
Parliamentary Employment and Staff Relations Act — P-1.3 49
Chairperson may appoint outside arbitrator 49 (1) Notwithstanding anything in this Part, if the Chairperson considers it advisable to do so, the Chairperson may appoint an arbitrator in place of the Board in respect of any matters in dispute referred to arbitration under this Part. Eligibility (2) A person is not eligible to be appointed as an arbitrator under subsection (1) if the person (a) is not eligible to be a member of the Board; (b) is a member of the Board or member of a panel appointed by the Board under subsection 47(1); or (c) is not eligible under subsection 48(3) to act as a member of the Board in respect of a matter referred to arbitration. Powers of arbitrator (3) An arbitrator appointed under this section has all the powers of the Board set out in paragraph 15(d) of this Act and paragraphs 20(d) and (e) of the Federal Public Sector Labour Relations and Employment Board Act . Sections 52 to 61 apply (4) Sections 52 to 61 apply, with such modifications as the circumstances require, in respect of matters in dispute referred to an arbitrator appointed under subsection (1). R.S., 1985, c. 33 (2nd Supp.), s. 49; 2003, c. 22, s. 187(E); 2013, c. 40, s. 429; 2017, c. 9, s. 56
Parliamentary Employment and Staff Relations Act — P-1.3 50
Request for arbitration 50 (1) If the parties to collective bargaining have bargained collectively in good faith with a view to concluding a collective agreement but have been unable to reach agreement on any term or condition of employment of employees in the relevant bargaining unit that may be embodied in an arbitral award, either party may, by notice in writing to the Board given in accordance with subsection (2), request arbitration in respect of that term or condition of employment. When notice may be given (2) The notice referred to in subsection (1) may be given (a) at any time, where no collective agreement has been entered into by the parties and no request for arbitration has been made by either party since the commencement of the bargaining; or (b) not later than seven days after any collective agreement is entered into by the parties, in any other case. Notice to be given (3) Where arbitration is requested by notice under subsection (1), the party making the request shall (a) specify in the notice the terms and conditions of employment in respect of which it requests arbitration and its proposals concerning the award to be made by the Board in respect thereof; and (b) annex to the notice a copy of any collective agreement entered into by the parties. R.S., 1985, c. 33 (2nd Supp.), s. 50; 2013, c. 40, s. 430
Parliamentary Employment and Staff Relations Act — P-1.3 51
Request for arbitration by other party 51 (1) If notice under section 50 is received by the Board from any party requesting arbitration, the Chairperson shall as soon as feasible send a copy of the notice to the other party, who shall within seven days after receipt of it advise the Chairperson, by notice in writing, of any matter, additional to the matters specified in the notice under section 50, that was a subject of negotiation between the parties during the period before the arbitration was requested but on which the parties were unable to reach agreement and in respect of which, being a matter that may be embodied in an arbitral award, that other party requests arbitration. Notice to include proposal concerning award (2) Where arbitration in respect of any matter is requested by notice under subsection (1), the party making the request shall include in the notice its proposal concerning the award to be made by the Board in respect thereof. R.S., 1985, c. 33 (2nd Supp.), s. 51; 2013, c. 40, s. 431
Parliamentary Employment and Staff Relations Act — P-1.3 52
Matters constituting terms of reference 52 (1) Subject to section 55, the matters in dispute specified in the notice under section 50 and in any notice under section 51 constitute the terms of reference of the Board in relation to the request for arbitration and the Board shall, after considering the matters in dispute together with any other matter that the Board considers necessarily incidental to the resolution of the matters in dispute, render an arbitral award in respect thereof. Where agreement subsequently reached (2) Where, at any time before an arbitral award is rendered, the parties reach agreement on any matter in dispute referred to the Board under subsection (1) and enter into a collective agreement in respect thereof, the matters in dispute so referred to the Board shall be deemed not to include that matter and no arbitral award shall be rendered by the Board in respect thereof.
Parliamentary Employment and Staff Relations Act — P-1.3 53
Factors to be taken into account by Board 53 In the conduct of proceedings before it and in rendering an arbitral award in respect of a matter in dispute, the Board shall consider (a) the needs of the employer affected for qualified employees, (b) the need to maintain appropriate relationships in the conditions of employment as between different grade levels within an occupation and as between occupations of employees, (c) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered, and (d) any other factor that to it appears to be relevant to the matter in dispute, and, so far as consistent with the requirements of the employer, the Board shall give due regard to maintaining comparability of conditions of employment of employees with those that are applicable to persons in similar employment in the federal public administration. R.S., 1985, c. 33 (2nd Supp.), s. 53; 2003, c. 22, s. 224(E)
Parliamentary Employment and Staff Relations Act — P-1.3 54
Parties to be heard 54 Subject to this Part, the Board shall, before rendering an arbitral award in respect of a matter in dispute, give full opportunity to both parties to present evidence and make submissions to it.
Parliamentary Employment and Staff Relations Act — P-1.3 55
Award not to require legislative implementation 55 (1) Subsection 43(2) applies, with such modifications as the circumstances require, in relation to an arbitral award. Matters not to be dealt with by award (2) No arbitral award shall deal with the standards, procedures or processes governing the appointment, appraisal, promotion, demotion, transfer, lay-off or release of employees, or with any term or condition of employment of employees that was not a subject of negotiation between the parties during the period before arbitration was requested in respect thereof. Award to be limited (3) An arbitral award shall deal only with terms and conditions of employment of employees in the bargaining unit in respect of which the request for arbitration was made.
Parliamentary Employment and Staff Relations Act — P-1.3 56
Award to be signed 56 (1) An arbitral award shall be signed by the member of the Board who is not a member selected from a panel appointed under section 47 and copies thereof shall be transmitted to the parties to the dispute and no report or observations thereon shall be made or given by either of the members selected from a panel appointed under section 47. Decision (2) Subject to subsection (3), a decision of the majority of the members of the Board in respect of the matters in dispute shall be the arbitral award in respect of the matters in dispute. Decision where majority cannot agree (3) Where the majority of the members of the Board in respect of the matters in dispute cannot agree on the terms of the arbitral award to be rendered in respect thereof, the decision of the member of the Board who is not a member selected from a panel appointed under section 47 shall be the arbitral award in respect of the matters in dispute. Form of award (4) An arbitral award shall, wherever possible, be made in such form (a) as will be susceptible of being read and interpreted with, or annexed to and published with, any collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the arbitral award applies; and (b) as will enable its incorporation into and implementation by regulations, by-laws, directives or other instruments that may be required to be made or issued by the employer or the relevant bargaining agent in respect thereof.
Parliamentary Employment and Staff Relations Act — P-1.3 57
Binding effect of arbitral award 57 (1) An arbitral award is, subject to and for the purposes of this Part, binding on the employer affected and the bargaining agent that is a party thereto and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and after the day on which the award is rendered or such later day as the Board may determine. Retroactive application (2) A provision of an arbitral award made in respect of a term or condition of employment may be retroactive to the extent that it is capable of being retroactively applied, in whole or in part, to a day prior to the day on and after which the arbitral award becomes binding on the parties but not before the day on which notice to bargain collectively was given by either party. Effect on previous collective agreement or award (3) Where, in relation to any or all of the provisions of an arbitral award made in respect of terms and conditions of employment, there was previously in effect a collective agreement or arbitral award, the previous collective agreement or the previous arbitral award is displaced, to the extent of any conflict, for the term, determined in accordance with section 58, for which the subsequent award is operative.
Parliamentary Employment and Staff Relations Act — P-1.3 58
Term of arbitral award 58 (1) The Board shall, in respect of every arbitral award, determine and specify therein the term for which the arbitral award is to be operative and, in making its determination, it shall take into account (a) where a collective agreement applicable to the bargaining unit is in effect or has been entered into but is not yet in effect, the term of that collective agreement; and (b) where no collective agreement applying to the bargaining unit has been entered into, (i) the term of any previous collective agreement that applied to the bargaining unit, or (ii) the term of any other collective agreement that to the Board appears relevant. Limitation on term of award (2) No arbitral award, in the absence of the application thereto of any criterion referred to in paragraph (1)(a) or (b), shall be for a term of less than one year or more than two years from the day on and after which it becomes binding on the parties.
Parliamentary Employment and Staff Relations Act — P-1.3 59
Implementation of awards 59 The terms and conditions of employment that are the subject of an arbitral award shall, subject to the appropriation by or under the authority of Parliament of any moneys that may be required therefor, be implemented by the parties within a period of ninety days from the date on and after which it becomes binding on the parties or within such longer period as, on application to the Board by either party, appears reasonable to the Board.
Parliamentary Employment and Staff Relations Act — P-1.3 60
Reference back to Board 60 Where in respect of an arbitral award it appears to either of the parties that the Board has failed to deal with any matter in dispute referred to it, that party may, within seven days from the day the award is rendered, refer the matter back to the Board, and the Board shall thereupon deal with the matter.