Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)

DIVISION 3Consultation Committees and Co-Development

Marginal note:Consultation committee

8 Each deputy head must, in consultation with the bargaining agents representing employees in the portion of the federal public administration for which he or she is deputy head, establish a consultation committee consisting of representatives of the deputy head and the bargaining agents for the purpose of exchanging information and obtaining views and advice on issues relating to the workplace that affect those employees, which issues may include, among other things,

• (a) harassment in the workplace; and

• (b) the disclosure of information concerning wrongdoing in the public service and the protection from reprisal of employees who disclose such information.

Marginal note:Meaning of co-development of workplace improvements

9 For the purpose of this Division, co-development of workplace improvements means the consultation between the parties on workplace issues and their participation in the identification of workplace problems and the development and analysis of solutions to those problems with a view to adopting mutually agreed to solutions.

Marginal note:Co-development of workplace improvements

10 The employer and a bargaining agent, or a deputy head and a bargaining agent, may engage in co-development of workplace improvements.

Marginal note:National Joint Council

• 11 (1) Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on.

• Marginal note:Facilities and administrative support

  (2) The Chief Administrator of the Administrative Tribunals Support Service of Canada is to provide facilities and administrative support to the National Joint Council.

DIVISION 4Federal Public Sector Labour Relations and Employment Board

Marginal note:Administration of Act

12 The Board administers this Act and it may exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board.

Marginal note:Adjudication services

13 The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3.

Marginal note:Mediation services

14 The Board is to provide mediation services that consist of

• (a) assisting parties in the negotiation of collective agreements and their renewal;

• (b) assisting parties in the management of the relations resulting from the implementation of collective agreements;

• (c) mediating in relation to grievances; and

• (d) assisting the Chairperson in discharging his or her responsibilities under this Act.

15 [Repealed, 2014, c. 20, s. 481]

Marginal note:Powers

16 The Board has, in relation to any matter before it, the power to

• (a) examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council;

• (b) examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council;

• (c) require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees;

• (d) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it;

• (e) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and

• (f) authorize any person to do anything that the Board may do under paragraphs (a) to (e) and require the person to report to it on what the person has done.

17 [Repealed, 2013, c. 40, s. 367]

18 [Repealed, 2013, c. 40, s. 367]

19 [Repealed, 2013, c. 40, s. 367]

20 [Repealed, 2013, c. 40, s. 367]

21 [Repealed, 2013, c. 40, s. 367]

22 [Repealed, 2013, c. 40, s. 367]

23 [Repealed, 2013, c. 40, s. 367]

24 [Repealed, 2013, c. 40, s. 367]

25 [Repealed, 2013, c. 40, s. 367]

26 [Repealed, 2013, c. 40, s. 367]

27 [Repealed, 2013, c. 40, s. 367]

28 [Repealed, 2013, c. 40, s. 367]

29 [Repealed, 2013, c. 40, s. 367]

30 [Repealed, 2013, c. 40, s. 367]

31 [Repealed, 2013, c. 40, s. 367]

32 [Repealed, 2013, c. 40, s. 367]

33 [Repealed, 2013, c. 40, s. 367]

34 [Repealed, 2013, c. 40, s. 367]

35 [Repealed, 2013, c. 40, s. 367]

36 [Repealed, 2013, c. 40, s. 367]

37 [Repealed, 2013, c. 40, s. 367]

38 [Repealed, 2013, c. 40, s. 367]

Marginal note:Authority to make regulations

39 The Board may make regulations concerning

• (a) the certification of bargaining agents for bargaining units;

• (b) the determination of units appropriate for collective bargaining;

• (c) the time and manner of making applications under section 59, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications;

• (d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1)(c);

• (e) the manner of making applications under sections 71 and 77, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 71;

• (f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in a bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations;

• (g) the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation;

• (h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications;

• (i) to (k) [Repealed, 2013, c. 40, s. 368]

• (l) the circumstances in which the following evidence may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received:

  • (i) evidence as to membership of employees in an employee organization,

  • (ii) evidence of objection by employees to certification of an employee organization, and

  • (iii) evidence of signification by employees that they no longer wish to be represented by an employee organization; and

• (m) any other matter that is incidental or conducive to the attainment of the objects of this Part or Division 1 of Part 2.1.

40 [Repealed, 2013, c. 40, s. 369]

41 [Repealed, 2013, c. 40, s. 369]

Marginal note:Scope of orders

42 In making an order or a decision, or doing any other thing in relation to any person under this Act, the Board may do so either generally or in any particular case or class of cases.

Marginal note:Review of orders and decisions

• 43 (1) Subject to subsection (2), the Board may review, rescind or amend any of its orders or decisions, or may re-hear any application before making an order in respect of the application.

• Marginal note:Exception

  (2) A right that is acquired by virtue of an order or a decision that is reviewed, rescinded or amended by the Board may not be altered or extinguished with effect from a day that is earlier than the day on which the review, rescission or amendment is made.

44 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

45 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

46 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

47 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

48 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

49 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

50 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

51 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

52 [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

53 [Repealed, 2013, c. 40, s. 298]

DIVISION 5Bargaining Rights

Certification of Bargaining Agents

Application for Certification

Marginal note:Right to apply

54 Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay.

Marginal note:Agreements for term of two years or less

• 55 (1) If a collective agreement, or an arbitral award, with a term of two years or less applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only after the commencement of the last two months of its term.

• Marginal note:Agreements for term of more than two years

  (2) If a collective agreement, or an arbitral award, with a term of more than two years applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only

  • (a) after the commencement of the twenty-third month of its term and before the commencement of the twenty-fifth month of its term;

  • (b) during the two-month period immediately before the end of each year that the agreement or award continues to be in force after the second year of its term; or

  • (c) after the commencement of the last two months of its term.

• Marginal note:Agreements for an indefinite term

  (3) If a collective agreement that applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent provides that it will continue to operate after the term specified in it for a further term or successive terms if either party fails to give to the other a notice of termination or a notice of its desire to bargain with a view to the renewal of the collective agreement, with or without modifications, the application for certification may be made

  • (a) at any time permitted by subsection (1) or (2), as the case may be; or

  • (b) during the two-month period immediately before the end of each year that the collective agreement continues to operate after the term specified in the collective agreement.

Marginal note:Continuation of terms and conditions

56 After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer is not authorized, except under a collective agreement or with the consent of the Board, to alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until

• (a) the application has been withdrawn by the employee organization or dismissed by the Board; or

• (b) 30 days have elapsed after the day on which the Board certifies the employee organization as the bargaining agent for the unit.