(c) is included in a bargaining unit in respect of which no collective agreement is in force and for which no notice to bargain collectively has been given;

    (d) is included in a bargaining unit in respect of which no collective agreement is in force and for which a notice to bargain collectively has been given and in respect of which no request for conciliation has been made under section 161;

    (e) is included in a bargaining unit for which the process for resolution of a dispute is arbitration;

    (f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to enter into an essential services agreement has been given under section 122 by the employer or the bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit;

    (g) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to amend an essential services agreement has been given under section 126 by the employer or the bargaining agent for the bargaining unit, and

      (i) the essential services agreement has not been amended as a result of that notice, or

      (ii) if an application referred to in subsection 127(1) was made by the employer or the bargaining agent, the application has not been finally disposed of by the Board;

    (h) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and less than 30 clear days have elapsed since

      (i) the date an essential services agreement came into force in respect of the bargaining unit, or

      (ii) the date an application referred to in subsection 123(1) made by the employer or the bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made;

    (i) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which the employer or the bargaining agent for the bargaining unit has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since

      (i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or

      (ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made;

    (j) occupies a position that is necessary under an essential services agreement for the employer to provide essential services;

    (k) is included in a bargaining unit in respect of which an essential services agreement binding on the bargaining agent for the bargaining unit and the employer has been suspended by order under section 131;

    (l) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a public interest commission has not been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, unless the bargaining agent has been notified under subsection 162(3) that a public interest commission will not be established;

    (m) is included in a bargaining unit in respect of which the bargaining agent for the bargaining unit has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the bargaining agent to enter into or revise a collective agreement and less than seven clear days have elapsed from the date the notice was given under that subsection;

    (n) is included in a bargaining unit in respect of which a public interest commission has been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, and the Chairperson has not yet sent the commission's report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent;

    (o) is included in a bargaining unit whose bargaining agent has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute;

    (p) is included in a bargaining unit whose bargaining agent has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination;

    (q) is included in a bargaining unit in respect of which a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer's last offer;

    (r) is included in a bargaining unit whose bargaining agent has failed to conduct a secret ballot vote in accordance with section 184; or

    (s) is included in a bargaining unit whose bargaining agent has conducted a secret ballot vote in accordance with section 184 and

      (i) the bargaining agent has not received the approval of a majority of the employees who voted, or

      (ii) if the bargaining agent has received the approval of a majority of the employees who voted and the bargaining agent has declared or authorized the strike after 60 clear days have elapsed, or after any longer period that may be agreed to in writing by the bargaining agent and the employer has elapsed, since the day the vote was held.

Right to strike limited during period between Parliaments

197. (1) If a strike occurs or may occur during the period beginning on the date of a dissolution of Parliament and ending on the date fixed for the return of the writs at the next following general election and, in the opinion of the Governor in Council, the strike adversely affects or would adversely affect the national interest, the Governor in Council may during that period make an order deferring the strike during the period beginning on the day on which the order is made and ending on the twenty-first day following the date fixed for the return of the writs.

Tabling in Parliament

(2) The Minister must cause a report giving the reasons for the order to be tabled in each House of Parliament within the first 10 days on which that House is sitting after the order is made.

Declaration or authorization of strike prohibited during deferred period

(3) No employee organization shall declare or authorize, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of, a strike in respect of a bargaining unit in the period during which the strike is deferred by an order made under subsection (1).

Participation prohibited during deferred period

(4) No employee shall participate in a strike in the period during which the strike is deferred by an order made under subsection (1).

Declarations and Orders Relating to Strikes

Application for declaration that conduct is unlawful

198. (1) If the employer considers that an employee organization or any officer or representative of one has contravened subsection 194(1) or (2) or 197(3), or that a person has contravened section 195, or that an employee has contravened section 196 or subsection 197(4), the employer may apply to the Board for a declaration that the conduct giving rise to the contravention is unlawful.

Declaration that strike unlawful and strike prohibited

(2) After affording the employee organization, officer, representative, person or employee referred to in subsection (1) an opportunity to make representations on the application, the Board may declare that the conduct is unlawful and, if the employer so requests, may make an order

    (a) requiring the employee organization to revoke the declaration or authorization of a strike and to give notice immediately of its revocation to the employees to whom it was directed;

    (b) enjoining the officer or representative from counselling or procuring the declaration or authorization of a strike or the participation of employees in a strike;

    (c) enjoining the employee from participating in the strike;

    (d) requiring the employee to perform the duties of his or her employment; or

    (e) requiring any employee organization, of which any employee with respect to whom an order is made under paragraph (c) or (d) is a member, and any officer or representative of that employee organization, to immediately give notice of any order made under one of those paragraphs to the employee.

Terms and duration of order

(3) An order made under subsection (2)

    (a) must be in terms that the Board considers necessary and sufficient to meet the circumstances of the case; and

    (b) subject to subsection (4), has effect for the time specified in the order.

Continuation or revocation of order

(4) On application by the employer or employee organization or any employee or other person affected by an order made under subsection (2), notice of which has been given to the parties named in the order, the Board may, by supplementary order,

    (a) continue the order, with or without modification, for the period stated in the supplementary order; or

    (b) revoke the order.

Prohibition Relating to Essential Services

Obstruction

199. No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee's place of work if the employee occupies a position that is necessary under an essential services agreement for the employer to provide essential services.

Offences and Punishment

Persons

200. Every person who contravenes subsection 186(1) or (2), section 188, subsection 189(1) or section 195 or 199 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

Employees

201. Every employee who contravenes section 196 or subsection 197(4) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

Employee organizations

202. (1) Every employee organization that contravenes, and every officer or representative of one who contravenes, section 187 or 188 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

Employee organizations

(2) Every employee organization that contravenes subsection 194(1) or (2) or 197(3) is guilty of an offence and liable on summary conviction to a fine not more than $1,000 for each day that any strike declared or authorized by it in contravention of that subsection is in effect.

Prosecution of employee organization

(3) A prosecution for an offence under subsection (1) or (2) may be brought against an employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person.

Officers and representative s of employee organizations

203. Every officer or representative of an employee organization who contravenes subsection 194(1) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

Employer

204. If the employer contravenes subsection 186(1) or (2), the employer is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

Consent to prosecution

205. A prosecution for an offence under this Division may be instituted only with the consent of the Board.

PART 2

GRIEVANCES

Interpretation

Definitions

206. (1) The following definitions apply in this Part.

``employee''
« fonctionnair e »

``employee'' has the meaning that would be assigned by the definition ``employee'' in subsection 2(1) if that definition were read without reference to paragraphs (e) and (i) and without reference to the words ``except in Part 2''.

``group grievance''
« grief collectif »

``group grievance'' means a grievance presented in accordance with section 215.

``individual grievance''
« grief individuel »

``individual grievance'' means a grievance presented in accordance with section 208.

``policy grievance''
« grief de principe »

``policy grievance'' means a grievance presented in accordance with section 220.

Former employees

(2) Every reference in this Part to an ``employee'' includes a former employee for the purposes of any provisions of this Part respecting grievances with respect to

    (a) any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(1)(c), (d) or (e) of the Financial Administration Act; or

    (b) in the case of a separate agency, any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(2)(c) or (d) of the Financial Administration Act or under any provision of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of the separate agency.

Conflict Management

Informal conflict management system

207. Subject to any policies established by the employer or any directives issued by it, every deputy head in the core public administration must, in consultation with bargaining agents representing employees in the portion of the core public administration for which he or she is deputy head, establish an informal conflict management system and inform the employees in that portion of its availability.

Individual Grievances

Presentation

Right of employee

208. (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved

    (a) by the interpretation or application, in respect of the employee, of

      (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or

      (ii) a provision of a collective agreement or an arbitral award; or

    (b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Limitation

(2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.

Limitation

(3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.

Limitation

(4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.

Limitation

(5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act.

Limitation

(6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Order to be conclusive proof

(7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Reference to Adjudication

Reference to adjudication

209. (1) An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee's satisfaction if the grievance is related to

    (a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award;

    (b) a disciplinary action resulting in termination, demotion, suspension or financial penalty;

    (c) in the case of an employee in the core public administration,

      (i) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct, or