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Powers of
Board
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40. (1) The Board has, in relation to any
matter before it, the power to
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Frivolous
applications
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(2) The Board may dismiss summarily any
application or complaint that in its opinion is
frivolous or vexatious.
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Determination
without oral
hearing
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41. The Board may decide any matter
before it without holding an oral hearing.
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Scope of
orders
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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.
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Review of
orders and
decisions
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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.
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Exception
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(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order or a decision that is reviewed, rescinded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.
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Chairperson
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Chief
executive
officer
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44. The Chairperson is the chief executive
officer of the Board and has supervision over
and direction of the work of the Board,
including
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Delegation by
Chairperson
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45. The Chairperson may authorize a
Vice-Chairperson to exercise any of the
Chairperson's powers or perform any of the
Chairperson's functions, including powers or
functions delegated to the Chairperson by the
Board.
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Absence of
Chairperson
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46. (1) If the Chairperson is absent or unable
to act, or the office of Chairperson is vacant,
a Vice-Chairperson designated by the
Minister is to act as Chairperson.
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Absence of
Chairperson
and the
Vice-Chairper
son
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(2) In the event of the absence or incapacity
of both the Chairperson and the
Vice-Chairperson designated by the Minister,
or if both of those offices are vacant, the
Minister may designate a member or any
qualified person to act as Chairperson but no
person so designated by the Minister has
authority to act as Chairperson for more than
60 days without the approval of the Governor
in Council.
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Human Resources
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Responsibility
for human
resources
management
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47. The Chairperson is authorized, in
respect of persons employed by the Board, to
exercise the powers and perform the functions
of the Treasury Board under the Financial
Administration Act that relate to human
resources management within the meaning of
paragraph 7(1)(e) and section 11.1 of that Act,
and those of deputy heads under subsection
12(2) of that Act, including the determination
of terms and conditions of employment of
persons employed by the Board.
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Executive
Director of
Board
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48. (1) An Executive Director of the Board
is to be appointed under the Public Service
Employment Act.
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Supervision
of work
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(2) The Executive Director of the Board
assists the Chairperson in the exercise of the
Chairperson's functions and, subject to the
Chairperson's direction, directs and
supervises the day-to-day conduct of the work
of the Board, the management of the Board's
internal affairs and the work of persons
employed by the Board.
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Other persons
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49. All other persons that the Board
considers necessary for it to employ are to be
appointed under the Public Service
Employment Act.
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Experts and
advisers
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50. (1) The Chairperson may engage on a
temporary basis the services of mediators and
other experts or persons having technical or
special knowledge to assist the Board in an
advisory capacity and, subject to the approval
of the Governor in Council, fix their
remuneration.
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Non-applicati
on of Public
Service
Superannuati
on Act
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(2) A person engaged under subsection (1)
is not to be considered as being employed in
the public service for the purposes of the
Public Service Superannuation Act by reason
only of being so engaged.
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Judicial Review and Enforcement of Orders
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Orders not to
be reviewed
by court
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51. (1) Subject to this Part, every order or
decision of the Board is final and may not be
questioned or reviewed in any court, except in
accordance with the Federal Court Act on the
grounds referred to in paragraph 18.1(4)(a),
(b) or (e) of that Act.
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Standing of
Board
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(2) The Board has standing to appear in
proceedings referred to in subsection (1) for
the purpose of making submissions regarding
the standard of review to be used with respect
to decisions of the Board and the Board's
jurisdiction, policies and procedures.
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No review by
certiorari, etc.
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(3) Except as permitted by subsection (1),
no order, decision or proceeding of the Board
made or carried on under or purporting to be
made or carried on under this Part may, on any
ground, including the ground that the order,
decision or proceeding is beyond the
jurisdiction of the Board to make or carry on
or that, in the course of any proceeding, the
Board for any reason exceeded or lost its
jurisdiction,
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Filing of
Board's orders
in Federal
Court
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52. (1) The Board must, on the request in
writing of any person or organization affected
by any order of the Board, file a certified copy
of the order, exclusive of the reasons for the
order, in the Federal Court, unless, in its
opinion,
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Effect of
filing
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(2) An order of the Board becomes an order
of the Federal Court when a certified copy of
the order is filed in that court, and it may
subsequently be enforced as such.
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Advisory Board
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Minister to
establish
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53. (1) The Minister shall establish an
advisory board to provide advice to the
Chairperson on the compensation analysis and
research services provided by the Board.
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Composition
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(2) The advisory board is to consist of a
chairperson and no more than 11 other
members appointed by the Minister.
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Qualifications
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(3) All of the members must have
knowledge or experience that will assist the
advisory board to accomplish its mandate,
including knowledge of or experience in
compensation issues or statistics.
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Representativ
eness
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(4) Appointments to the advisory board are
to be made such that there is an equal number
of members representative of the employer
and of employees.
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DIVISION 5 |
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BARGAINING RIGHTS |
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Certification of Bargaining Agents
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Application for Certification
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Right to apply
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54. Subject to section 55, an employee
organization that seeks to be certified as
bargaining agent for a group of employees that
it considers constitutes a unit 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.
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Agreements
for term of
two years or
less
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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.
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Agreements
for term of
more than two
years
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(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
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Agreements
for an
indefinite
term
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(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
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Continuation
of terms and
conditions
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56. After being notified of an application
for certification made in accordance with this
Part, the employer may not, except under a
collective agreement or with the consent of
the Board, 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
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Determination of Appropriate Bargaining
Units
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Determination
of unit
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57. (1) When an application for
certification is made under section 54, the
Board must determine the group of employees
that constitutes a unit appropriate for
collective bargaining.
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Consideration
of employer's
classification
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(2) In determining whether a group of
employees constitutes a unit appropriate for
collective bargaining, the Board must have
regard to the employer's classification of
persons and positions, including the
occupational groups or subgroups established
by the employer.
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Unit
co-extensive
with
occupational
groups
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(3) The Board must establish bargaining
units that are co-extensive with the
occupational groups or subgroups established
by the employer, unless doing so would not
permit satisfactory representation of the
employees to be included in a particular
bargaining unit and, for that reason, such a unit
would not be appropriate for collective
bargaining.
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Composition
of bargaining
unit
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(4) For the purposes of this Part, a unit of
employees may be determined by the Board to
constitute a unit appropriate for collective
bargaining whether or not its composition is
identical with the group of employees in
respect of which the application for
certification was made.
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Determination
of questions
of
membership
in bargaining
units
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58. On application by the employer or the
employee organization affected, the Board
must determine every question that arises as to
whether any employee or class of employees
is included in a bargaining unit determined by
the Board to constitute a unit appropriate for
collective bargaining, or is included in any
other unit.
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Managerial or Confidential Positions
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Application
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59. (1) After being notified of an
application for certification made in
accordance with this Part, the employer may
apply to the Board for an order declaring that
any position of an employee in the proposed
bargaining unit is a managerial or confidential
position on the grounds that
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