GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Public Sector Labour Relations Act — P-33.3 177
Report not to require legislative implementation 177 (1) The report may not, directly or indirectly, recommend the alteration or elimination of any existing term or condition of employment, or the establishment of any new term or condition of employment, if (a) the alteration, elimination or establishment would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for implementation; (b) the term or condition is one that has been or may be established under the Public Service Employment Act , the Public Service Superannuation Act or the Government Employees Compensation Act ; (c) the term or condition relates to standards, procedures or processes governing the appointment, appraisal, promotion, deployment, rejection on probation or lay-off of employees; or (d) in the case of a separate agency, the term or condition relates to termination of employment, other than termination of employment for a breach of discipline or misconduct. Matters not negotiated (2) The report of the public interest commission may not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before conciliation was requested.
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Findings and recommendations of majority 178 (1) If the public interest commission consists of three members, the findings and recommendations of a majority of the members in respect of the matters in dispute are deemed to be those of the commission. Findings and recommendations when majority cannot agree (2) If a majority of members of the public interest commission cannot agree in respect of the commission’s findings and recommendations, the findings and recommendations of the chairperson of the commission in respect of the matters in dispute are deemed to be those of the commission.
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Reconsideration of matters contained in report 179 The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of the report. 2003, c. 22, s. 2 “179”; 2013, c. 40, s. 318; 2018, c. 24, s. 19
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Copy of report to be sent to parties 180 The Chairperson must, as soon as possible after receiving the report or, if the Chairperson makes a direction under section 179, as soon as possible after receiving the reconsidered report, send a copy to the parties and cause the report, or the reconsidered report, as the case may be, to be published in any manner that he or she considers appropriate.
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Agreement to be bound 181 If, before the public interest commission submits its report to the Chairperson, the parties agree in writing that one or more recommendations to be made by the public interest commission in the report are to be binding on them, each such recommendation, once made, is binding on them and must be given effect.
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Alternate dispute resolution process 182 (1) Despite any other provision of this Part, the employer and the bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to. Alternate process applicable only to terms referred to it (2) If a term or condition is referred to a person for final and binding determination, the process for resolution of a dispute concerning any other term or condition continues to be conciliation. Agreement not unilaterally changeable (3) Unless both parties agree, the referral of a term or condition to a person for final and binding determination remains in force until the determination is made. Form of determination (4) The form of the final and binding determination must, wherever possible, permit the determination to be (a) read and interpreted with, or annexed to and published with, a collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the determination applies; and (b) incorporated into and implemented by any instrument that may be required to be made by the employer or the relevant bargaining agent in respect of the determination. Binding effect (5) The determination is binding on the employer, the bargaining agent and the employees in the bargaining unit and is deemed to be incorporated into any collective agreement binding on the employees in the bargaining unit in respect of which the determination applies or, if there is no such agreement, is deemed to be such an agreement. Eligibility (6) A person is not eligible to be appointed as a person who makes a final and binding determination under this section if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer or of any employee organization that has an interest in the term or condition referred for final and binding determination. 2003, c. 22, s. 2 “182”; 2013, c. 40, s. 319; 2018, c. 24, s. 20
Federal Public Sector Labour Relations Act — P-33.3 183
Minister may order vote to be held 183 (1) If the Minister is of the opinion that it is in the public interest that the employees in a bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the bargaining agent in respect of all matters remaining in dispute between the parties, the Minister may (a) on any terms and conditions that the Minister considers appropriate, direct that a vote to accept or reject the offer be held by secret ballot as soon as possible among all of the employees in the bargaining unit; and (b) designate the Board, or any other person or body, to be in charge of conducting that vote. Vote does not delay right (2) The direction that a vote be held, or the holding of that vote, does not prevent the declaration or authorization of a strike if the employee organization that is certified as the bargaining agent is not otherwise prohibited from making the declaration or authorization, nor does it prevent the participation in a strike by an employee if the employee is not otherwise prohibited from participating in the strike. Consequences of favourable vote (3) If a majority of the employees participating in the vote accept the employer’s last offer, (a) the parties are bound by that offer and must, without delay, enter into a collective agreement that incorporates the terms of that offer; and (b) any strike that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance must cease immediately, and the employees must return to work as soon as the employer determines that it is practicable for them to do so. Powers respecting vote (4) The Board or other person or body in charge of conducting the vote must determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.
Federal Public Sector Labour Relations Act — P-33.3 184
Secret ballot vote 184 (1) In order to obtain approval to declare or authorize a strike, an employee organization must hold a vote by secret ballot among all of the employees in the bargaining unit conducted in a manner that ensures that the employees are given a reasonable opportunity to participate in the vote and be informed of the results. Application to have vote declared invalid (2) An employee who is a member of a bargaining unit for which a vote referred to in subsection (1) was held and who alleges that there were irregularities in the conduct of the vote may, no later than 10 days after the day the results of the vote are announced, make an application to the Board to have the vote declared invalid. Dismissal of application (3) The Board may summarily dismiss the application if it is satisfied that, even if the alleged irregularities did occur, the outcome of the vote would not have been different. New vote (4) If the Board declares the vote invalid, it may order that a new vote be held in accordance with the conditions it specifies in the order.
Federal Public Sector Labour Relations Act — P-33.3 185
Meaning of unfair labour practice 185 In this Division, unfair labour practice means anything that is prohibited by subsection 186(1) or (2), section 187 or 188 or subsection 189(1).
Federal Public Sector Labour Relations Act — P-33.3 186
ing discussions with, representatives of an employee organization. Exception (5) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) or (b) by reason only that the employer or person expresses their point of view, so long as they do not use coercion, intimidation, threats, promises or undue influence. Exception (6) The employer or a person does not commit an unfair labour practice under any of paragraphs (1)(a) or (b) or (2)(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer. 2003, c. 22, s. 2 “186”; 2017, c. 9, s. 21
Federal Public Sector Labour Relations Act — P-33.3 187
Unfair representation by bargaining agent 187 No employee organization that is certified as the bargaining agent for a bargaining unit, and none of its officers and representatives, shall act in a manner that is arbitrary or discriminatory or that is in bad faith in the representation of any employee in the bargaining unit.
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Unfair labour practices — employee organizations 188 No employee organization and no officer or representative of an employee organization or other person acting on behalf of an employee organization shall (a) except with the consent of the employer, attempt, at an employee’s place of employment during the employee’s working hours, to persuade the employee to become, to refrain from becoming, to continue to be or to cease to be a member of an employee organization; (b) expel or suspend an employee from membership in the employee organization or deny an employee membership in the employee organization by applying its membership rules to the employee in a discriminatory manner; (c) take disciplinary action against or impose any form of penalty on an employee by applying the employee organization’s standards of discipline to that employee in a discriminatory manner; (d) expel or suspend an employee from membership in the employee organization, or take disciplinary action against, or impose any form of penalty on, an employee by reason of that employee having exercised any right under this Part or Part 2 or 2.1 or having refused to perform an act that is contrary to this Part or Division 1 of Part 2.1; or (e) discriminate against a person with respect to membership in an employee organization, or intimidate or coerce a person or impose a financial or other penalty on a person, because that person has (i) testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part or Part 2 or 2.1, (ii) made an application or filed a complaint under this Part or Division 1 of Part 2.1 or presented a grievance under Part 2 or Division 2 of Part 2.1, or (iii) exercised any right under this Part or Part 2 or 2.1. 2003, c. 22, s. 2 “188”; 2017, c. 9, s. 22
Federal Public Sector Labour Relations Act — P-33.3 189
Unfair labour practices — persons 189 (1) Subject to subsection (2), no person shall seek by intimidation or coercion to compel an employee (a) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be, a member of an employee organization; or (b) to refrain from exercising any other right under this Part or Part 2 or 2.1. Exception (2) A person does not commit an unfair labour practice referred to in subsection (1) by reason of any act or thing done or omitted in relation to a person who occupies, or who is proposed to occupy, a managerial or confidential position or to a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or who occupies a position held by such an officer. 2003, c. 22, s. 2 “189”; 2017, c. 9, s. 23
Federal Public Sector Labour Relations Act — P-33.3 190
Complaints 190 (1) The Board must examine and inquire into any complaint made to it that (a) the employer has failed to comply with section 56 (duty to observe terms and conditions); (b) the employer or a bargaining agent has failed to comply with section 106 (duty to bargain in good faith); (c) the employer, a bargaining agent or an employee has failed to comply with section 107 (duty to observe terms and conditions); (d) the employer, a bargaining agent or a deputy head has failed to comply with subsection 110(3) (duty to bargain in good faith); (e) the employer or an employee organization has failed to comply with section 117 (duty to implement provisions of the collective agreement) or 157 (duty to implement provisions of the arbitral award); (f) the employer, a bargaining agent or an employee has failed to comply with section 132 (duty to observe terms and conditions); or (g) the employer, an employee organization or any person has committed an unfair labour practice within the meaning of section 185. Time for making complaint (2) Subject to subsections (3) and (4), a complaint under subsection (1) must be made to the Board not later than 90 days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint. Limitation on complaints against employee organizations (3) Subject to subsection (4), no complaint may be made to the Board under subsection (1) on the ground that an employee organization or any person acting on behalf of one has failed to comply with paragraph 188(b) or (c) unless (a) the complainant has presented a grievance or appeal in accordance with any procedure that has been established by the employee organization and to which the complainant has been given ready access; (b) the employee organization (i) has dealt with the grievance or appeal of the complainant in a manner unsatisfactory to the complainant, or (ii) has not, within six months after the date on which the complainant first presented their grievance or appeal under paragraph (a), dealt with the grievance or appeal; and (c) the complaint is made to the Board not later than 90 days after the first day on which the complainant could, in accordance with paragraphs (a) and (b), make the complaint. Exception (4) The Board may, on application to it by a complainant, determine a complaint in respect of an alleged failure by an employee organization to comply with paragraph 188(b) or (c) that has not been presented as a grievance or appeal to the employee organization, if the Board is satisfied that (a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or (b) the employee organization has not given the complainant ready access to a grievance or appeal procedure. 2003, c. 22, s. 2 “190”; 2013, c. 40, s. 320; 2018, c. 24, s. 21
Federal Public Sector Labour Relations Act — P-33.3 191
Duty and power of the Board 191 (1) Subject to subsection (3), on receipt of a complaint made under subsection 190(1), the Board may assist the parties to the complaint to settle the complaint. If it decides not to do so or if the complaint is not settled within a period that the Board considers to be reasonable in the circumstances, it must determine the complaint. Refusal to determine complaint involving collective agreement (2) The Board may refuse to determine a complaint made under subsection 190(1) in respect of a matter that, in the Board’s opinion, could be referred to adjudication under Part 2 or Division 2 of Part 2.1 by the complainant. Burden of proof (3) If a complaint is made in writing under subsection 190(1) in respect of an alleged failure by the employer or any person acting on behalf of the employer to comply with subsection 186(2), the written complaint is itself evidence that the failure actually occurred and, if any party to the complaint proceedings alleges that the failure did not occur, the burden of proving that it did not is on that party. 2003, c. 22, s. 2 “191”; 2017, c. 9, s. 24
Federal Public Sector Labour Relations Act — P-33.3 193
Acts deemed to be those of employee organization 193 For the purposes of this Part, an act or thing done or omitted by an officer or representative of an employee organization within the scope of that person’s authority to act on the employee organization’s behalf is deemed to be an act or thing done or omitted by the employee organization.
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seven clear days have elapsed since the date the notice was given under that subsection; (m) a public interest commission has been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent; (n) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute; (o) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination; (p) a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer; (q) the employee organization has failed to conduct a secret ballot vote in accordance with section 184; or (r) the employee organization has conducted a secret ballot vote in accordance with section 184 and (i) it has not received the approval of a majority of the employees who voted, or (ii) if it has received the approval of a majority of the employees who voted, more than 60 clear days, or any longer period that may be agreed to in writing by the employee organization and the employer, have elapsed since the vote was held. Essential services (2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is necessary under an essential services agreement for the employer to provide essential services, and no officer or representative of an employee organization shall counsel or procure the participation of those employees in a strike. 2003, c. 22, s. 2 “194”; 2013, c. 40, s. 322; 2018, c. 24, s. 23
Federal Public Sector Labour Relations Act — P-33.3 195
Non-employees 195 No person employed in the public service shall participate in a strike if the person is not an employee.
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nd less than seven clear days have elapsed from the date the notice was given under that subsection; (n) is included in a bargaining unit in respect of which a public interest commission has been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent; (o) is included in a bargaining unit whose bargaining agent has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute; (p) is included in a bargaining unit whose bargaining agent has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination; (q) is included in a bargaining unit in respect of which a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer; (r) is included in a bargaining unit whose bargaining agent has failed to conduct a secret ballot vote in accordance with section 184; or (s) is included in a bargaining unit whose bargaining agent has conducted a secret ballot vote in accordance with section 184 and (i) the bargaining agent has not received the approval of a majority of the employees who voted, or (ii) if the bargaining agent has received the approval of a majority of the employees who voted and the bargaining agent has declared or authorized the strike after 60 clear days have elapsed, or after any longer period that may be agreed to in writing by the bargaining agent and the employer has elapsed, since the day the vote was held. 2003, c. 22, s. 2 “196”; 2013, c. 40, s. 323; 2018, c. 24, s. 24
Federal Public Sector Labour Relations Act — P-33.3 197
Right to strike limited during period between Parliaments 197 (1) If a strike occurs or may occur during the period beginning on the date of a dissolution of Parliament and ending on the date fixed for the return of the writs at the next following general election and, in the opinion of the Governor in Council, the strike adversely affects or would adversely affect the national interest, the Governor in Council may during that period make an order deferring the strike during the period beginning on the day on which the order is made and ending on the twenty-first day following the date fixed for the return of the writs. Tabling in Parliament (2) The Minister must cause a report giving the reasons for the order to be tabled in each House of Parliament within the first 10 days on which that House is sitting after the order is made. Declaration or authorization of strike prohibited during deferred period (3) No employee organization shall declare or authorize, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of, a strike in respect of a bargaining unit in the period during which the strike is deferred by an order made under subsection (1). Participation prohibited during deferred period (4) No employee shall participate in a strike in the period during which the strike is deferred by an order made under subsection (1).