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(a) on application by the new separate
agency or bargaining agent, made during
the period beginning 120 days, and ending
150 days, after the date of the conversion,
the Board must make an order determining
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(i) whether the employees of the new
separate agency who are represented by
the bargaining agent constitute one or
more units appropriate for collective
bargaining, and
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(ii) which employee organization is to be
the bargaining agent for the employees in
each such unit; and
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(b) if the Board makes the determinations
under paragraph (a), the new separate
agency or the bargaining agent may, by
notice given under section 105, require the
other to commence collective bargaining
for the purpose of entering into a collective
agreement.
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| Inquiry and
votes
|
90. Before making an order under
subsection 84(1) or paragraph 89(a), the
Board may make any inquiry or direct that a
representation vote be taken among the
employees to be affected by the order. The
provisions of subsection 65(2) apply in
relation to the taking of a vote.
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| Consideration
of employer's
classification
|
91. (1) For the purposes of paragraphs
84(1)(a) and 89(a), 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
|
(2) 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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| Determination
of questions
of
membership
in bargaining
units
|
92. On application by the new separate
agency 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 under paragraph
84(1)(a) or 89(a) to constitute a unit
appropriate for collective bargaining, or is
included in any other unit.
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| Employer
participation
|
93. (1) The Board may not declare an
employee organization to be a bargaining
agent under paragraph 84(1)(b) or 89(a) if it is
of the opinion that the new separate agency, or
a person acting on behalf of the new separate
agency, has participated or is participating in
the formation or administration of the
employee organization in a manner that
impairs its fitness to represent the interests of
the employees in the bargaining unit.
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| Discriminatio
n
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(2) The Board may not declare an employee
organization to be a bargaining agent under
paragraph 84(1)(b) or 89(a) if it discriminates
against any employee on a prohibited ground
of discrimination within the meaning of the
Canadian Human Rights Act.
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Revocation of Certification
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| When
employee
organization
no longer
represents
employees
|
94. (1) Any person claiming to represent a
majority of the employees in a bargaining unit
bound by a collective agreement or an arbitral
award may apply to the Board for a
declaration that the employee organization
that is certified as the bargaining agent for the
bargaining unit no longer represents a
majority of the employees in the bargaining
unit.
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| When
application
may be made
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(2) The application may be made only
during the period in which an application for
certification of an employee organization may
be made under section 55 in respect of
employees in the bargaining unit.
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| Taking of
representation
vote
|
95. After the application is made, the Board
may order that a representation vote be taken
in order to determine whether a majority of the
employees in the bargaining unit no longer
wish to be represented by the employee
organization that is the bargaining agent for
that bargaining unit. The provisions of
subsection 65(2) apply in relation to the taking
of the vote.
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| Revocation of
certification
|
96. If, after hearing the application, the
Board is satisfied that a majority of the
employees in the bargaining unit no longer
wish to be represented by the employee
organization, it must revoke the certification
of the employee organization as the
bargaining agent.
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| Certification
obtained by
fraud
|
97. The Board must revoke the certification
of an employee organization if the Board is
satisfied that it was obtained by fraud.
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| Employer
participation
or
discrimination
|
98. The Board must revoke the certification
of an employee organization as the bargaining
agent for a bargaining unit if the Board, on
application by the employer or any employee,
determines that
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(a) the employer, or a person acting on
behalf of the employer, has participated or
is participating in the formation or
administration of the employee
organization in a manner that impairs its
fitness to represent the interests of the
employees in the bargaining unit; or
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(b) the employee organization
discriminates against any employee on a
prohibited ground of discrimination within
the meaning of the Canadian Human Rights
Act.
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| Abandonment
of
certification
|
99. The Board must revoke the certification
of an employee organization if the employee
organization advises the Board that it wishes
to give up or abandon its certification or if the
Board, on application by the employer or any
employee, determines that the employee
organization has ceased to act as bargaining
agent.
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| Council of
employee
organizations
|
100. (1) The Board must revoke the
certification of a council of employee
organizations that has been certified as a
bargaining agent if the Board is satisfied, on
application by the employer or an employee
organization that forms or has formed part of
the council, that the council no longer meets
the condition for certification set out in
paragraph 64(1)(c) for a council of employee
organizations.
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| Subsection (1)
in addition to
other
circumstances
|
(2) The circumstances set out in subsection
(1) apply in addition to the circumstances in
which a certification may be revoked under
sections 94 to 99.
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| Effect of
revocation
|
101. (1) Revocation of the certification of
an employee organization certified as the
bargaining agent for a bargaining unit has the
following effects:
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(a) subject to paragraph 67(c), any
collective agreement or arbitral award that
is binding on the employees in the
bargaining unit ceases to be in force;
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(b) subject to subsection (2), any rights or
privileges flowing from the certification are
terminated; and
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(c) subject to paragraph 67(e), any essential
services agreement that is in force in respect
of positions in the bargaining unit ceases to
be in force.
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| Determination
of rights of
bargaining
agent
|
(2) If the certification of an employee
organization is revoked by the Board under
section 96 or any of sections 98 to 100, the
Board must, on application by the employee
organization or any employee organization
that is substituted in the place of a bargaining
agent under paragraph 67(c), determine any
question as to any right or duty of the
employee organization or of the substituted
employee organization.
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| Direction
|
102. If a collective agreement or arbitral
award ceases to be in force as a result of the
revocation of an employee organization's
certification as the bargaining agent for a
bargaining unit, the Board must, on
application by or on behalf of any employee in
the bargaining unit, by order, direct the
manner in which any right of the employee is
to be recognized and given effect.
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| Choice of
process
|
103. (1) A bargaining agent for a bargaining
unit must notify the Board, in accordance with
the regulations, of the process it has
chosen - either arbitration or
conciliation - to be the process for the
resolution of disputes to which it may be a
party.
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| Recording of
process
|
(2) The Board must record the process
chosen by the bargaining agent for the
resolution of disputes.
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| Period during
which process
to apply
|
(3) The process recorded by the Board
applies to the bargaining unit for the
resolution of all disputes from the day on
which a notice to bargain collectively in
respect of the bargaining unit is given after the
process is chosen, and it applies until the
process is changed in accordance with section
104.
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| Change of
process
|
104. (1) A bargaining agent for a bargaining
unit that wishes to change the process for the
resolution of a dispute that is applicable to the
bargaining unit may apply to the Board, in
accordance with the regulations, to record the
change.
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| Recording of
change
|
(2) On receiving the application, the Board
must record the change of process.
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| Effective date
and duration
|
(3) A change in the process for the
resolution of a dispute becomes effective on
the day that a notice to bargain collectively is
given after the change is recorded and remains
in force until the process is changed in
accordance with this section.
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Negotiation of Collective Agreements
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|
Notice to Bargain Collectively
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| Notice to
bargain
collectively
|
105. (1) After the Board has certified an
employee organization as the bargaining
agent for a bargaining unit and the process for
the resolution of a dispute applicable to that
bargaining unit has been recorded by the
Board, the bargaining agent or the employer
may, by notice in writing, require the other to
commence bargaining collectively with a
view to entering into, renewing or revising a
collective agreement.
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| When notice
may be given
|
(2) The notice to bargain collectively may
be given
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(a) at any time, if no collective agreement
or arbitral award is in force and no request
for arbitration has been made by either of
the parties in accordance with this Part; or
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(b) if a collective agreement or arbitral
award is in force, within the four months
before it ceases to be in force.
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| Copy of
notice to
Board
|
(3) A party that has given a notice to bargain
collectively to another party must send a copy
of the notice to the Board.
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Effect of Notice
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| Duty to
bargain in
good faith
|
106. After the notice to bargain collectively
is given, the bargaining agent and the
employer must, without delay, and in any case
within 20 days after the notice is given unless
the parties otherwise agree,
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(a) meet and commence, or cause
authorized representatives on their behalf to
meet and commence, to bargain
collectively in good faith; and
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(b) make every reasonable effort to enter
into a collective agreement.
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| Duty to
observe terms
and
conditions
|
107. Unless the parties otherwise agree, and
subject to section 132, after the notice to
bargain collectively is given, each term and
condition of employment applicable to the
employees in the bargaining unit to which the
notice relates that may be included in a
collective agreement, and that is in force on
the day the notice is given, is continued in
force and must be observed by the employer,
the bargaining agent for the bargaining unit
and the employees in the bargaining unit until
a collective agreement is entered into in
respect of that term or condition or
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(a) if the process for the resolution of a
dispute is arbitration, an arbitral award is
rendered; or
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(b) if the process for the resolution of a
dispute is conciliation, a strike could be
declared or authorized without
contravening subsection 194(1).
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Mediation
|
|
| Appointment
of mediator
|
108. (1) The Chairperson may at any time,
if requested to do so or on his or her own
initiative, appoint a mediator to confer with
the parties to a dispute and to endeavour to
assist them in settling the dispute by any
means that the mediator considers
appropriate, including mediation, facilitation
and fact-finding, subject to any direction that
the Chairperson may give.
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| Recommendat
ions
|
(2) At the request of the parties or the
Chairperson, the mediator may make
recommendations for settlement of the
dispute.
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|
Collective Bargaining for Two or More Units
|
|
| Negotiation of
single
collective
agreement
|
109. (1) Despite any other provision of this
Part, the employer and one or more bargaining
agents may jointly elect to engage in
collective bargaining with a view to entering
into a single collective agreement binding on
two or more bargaining units.
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| Election not
changeable
|
(2) If made, the election may not be
changed until the single collective agreement
is entered into.
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|
Two-tier Bargaining
|
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| Two-tier
bargaining
|
110. (1) Subject to the other provisions of
this Part, the employer, the bargaining agent
for a bargaining unit and the deputy head for
a particular department named in Schedule I
to the Financial Administration Act or for
another portion of the federal public
administration named in Schedule IV to that
Act may jointly elect to engage in collective
bargaining respecting any terms and
conditions of employment in respect of any
employees in the bargaining unit who are
employed in that department or other portion
of the federal public administration.
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| More than one
department or
portion
|
(2) Collective bargaining under subsection
(1) may relate to more than one department or
other portion of the federal public
administration if each of the deputy heads
concerned elects to engage in the collective
bargaining.
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|
| Duty to
bargain in
good faith
|
(3) The parties who elect to bargain
collectively under subsection (1) must,
without delay after the election,
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|
(a) meet and commence, or cause
authorized representatives on their behalf to
meet and commence, to bargain
collectively in good faith; and
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|
(b) make every reasonable effort to reach
agreement on the terms and conditions of
employment in question.
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|
Collective Agreements
|
|
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|
Authority to Enter into Agreement
|
|
| Authority of
Treasury
Board
|
111. The Treasury Board may, in the
manner that may be provided for by any rules
or procedures determined by it under section
5 of the Financial Administration Act, enter
into a collective agreement with the
bargaining agent for a bargaining unit, other
than a bargaining unit composed of employees
of a separate agency.
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| Authority of
separate
agency
|
112. A separate agency may, with the
approval of the Governor in Council, enter
into a collective agreement with the
bargaining agent for a bargaining unit
composed of employees of the separate
agency.
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Restriction on Content of Collective
Agreement
|
|
| Collective
agreement not
to require
legislative
implementatio
n
|
113. A collective agreement may not,
directly or indirectly, alter or eliminate any
existing term or condition of employment or
establish any new term or condition of
employment if
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(a) doing so would require the enactment or
amendment of any legislation by
Parliament, except for the purpose of
appropriating money required for the
implementation of the term or condition; or
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(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.
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|
Duration and Effect
|
|
| Agreement is
binding
|
114. Subject to, and for the purposes of, this
Part, a collective agreement is binding on the
employer, the bargaining agent and every
employee in the bargaining unit on and after
the day on which it has effect. To the extent
that the collective agreement deals with
matters referred to in section 12 of the
Financial Administration Act, the collective
agreement is also binding, on and after that
day, on every deputy head responsible for any
portion of the federal public administration
that employs employees in the bargaining
unit.
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| When
agreement has
effect
|
115. A collective agreement has effect in
respect of a bargaining unit as of
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(a) the effective date specified in it; or
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|
(b) if no effective date is specified, the first
day of the month after the month in which
the agreement is signed.
|
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| Minimum
duration
|
116. A collective agreement is deemed to
have effect for one year, unless a longer period
is specified in the collective agreement.
|
|
| Duty to
implement
provisions of
the collective
agreement
|
117. Subject to the appropriation by or
under the authority of Parliament of money
that may be required by the employer, the
parties must implement the provisions of a
collective agreement
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(a) within the period specified in the
collective agreement for that purpose; or
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|
(b) if no such period is specified in the
collective agreement, within 90 days after
the date it is signed or any longer period that
the parties may agree to or that the Board,
on application by either party, may set.
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