Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Marginal note:Amendment

29 A person may file an application to amend an application for certification, reply, application for intervention or statement of opposition filed by that person.

Marginal note:Documentary evidence

• 30 (1) An application for certification must be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that a majority of the employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent.

• Marginal note: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.

Marginal note:Council of employee organizations — documentary evidence

31 If a council of employee organizations files an application for certification, the council must, when the application is filed, file the documentary evidence on which the council intends to rely to satisfy the Board that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

Marginal note: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.

Managerial or Confidential Positions

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note:Copy of the objection

  (2) The employee organization filing the objection under (1) must provide a copy of it to the employer.

Marginal note: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.

Procedure for Revocation of Certification

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note:Statement of compliance

  (3) Immediately after the closing date, the employer must file a statement that the employer has complied with subsection (2).

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.