Federal Public Sector Labour Relations Act — P-33.3 338
Definitions 338 (1) The following definitions apply in this section. commencement day means the day on which this Act receives royal assent. ( date de référence ) the Act means the Public Service Labour Relations Act . ( Loi ) Words and expressions (2) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in the Act. Application of provisions enacted by this Act (3) Subject to subsections (4) to (7), the provisions of the Act, as enacted by sections 294 to 306 , subsection 307 (1), sections 308 to 314 , subsection 316 (1) and sections 317 to 324 also apply in respect of the following bargaining units: (a) a bargaining unit in respect of which a notice to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement has been given before the commencement day; (b) a bargaining unit that is bound by a collective agreement or arbitral award that is in force on the commencement day and that expires on that day or at any time after that day, and in respect of which no notice to bargain collectively has been given before the commencement day; and (c) a bargaining unit in respect of which no notice to bargain collectively for the purpose of entering into a first collective agreement has been given before the commencement day. Arbitration board established (4) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until an arbitral award is made in respect of the bargaining unit if, before the commencement day, (a) a request for arbitration was made by the employer or the bargaining agent for the bargaining unit; and (b) the Chairperson had notified the parties of the establishment of an arbitration board. Public interest commission established (5) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until a collective agreement is entered into by parties if, before the commencement day, (a) a request for conciliation was made by the employer or the bargaining agent for the bargaining unit; and (b) the Chairperson had notified the parties of the establishment of a public interest commission. No essential services agreement (6) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, no essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, (a) if no notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013, the process for the resolution of disputes is conciliation; and (b) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day. Essential services agreement entered into (7) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, an essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, the process for the resolution of disputes is (a) arbitration, if 80% or more of the positions in the bargaining unit were,