Bill C-25

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

Copy to employee organization	60. The employer must provide the employee organization seeking to be certified with a copy of the application.
Objection	61. If the employee organization considers that a particular position in the employer's application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board.
Decision on objection	62. (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the employee organization an opportunity to make representations, determine whether the position is a position referred to in any of paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position.
Burden of proof on employee organization	(2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the employee organization.
Burden of proof on employer	(3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer.
When no objection filed	63. If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position.
	Certification
Conditions for certification	64. (1) After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if it is satisfied
	(a) that a majority of employees in that bargaining unit wish the applicant employee organization to represent them as their bargaining agent;
	(b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and
	(c) if the applicant is a council of employee organizations, 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.
Where previous application denied within six months	(2) If an application for certification of an employee organization as the bargaining agent for a proposed bargaining unit has been denied by the Board, the Board may not consider a new application for certification from that employee organization in respect of the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the employee organization was last denied certification, unless the Board is satisfied that the previous application was denied by reason only of a technical error or omission made in connection with the application.
Membership in council of employee organizations	(3) For the purpose of paragraph (1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council.
Representatio n vote	65. (1) The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent.
Arrangements for vote	(2) When the Board orders that a representation vote be taken, it must
	(a) determine the employees who are eligible to vote; and
	(b) make any arrangements and give any directions that it considers necessary for the proper conduct of the vote, including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes.
	Where Certification Prohibited
Employer participation	66. (1) The Board may not certify an employee organization as a bargaining agent if it is of the opinion that 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 for which it is proposed to be certified.
Discriminatio n	(2) The Board may not certify an employee organization as a bargaining agent if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.
	Effect of Certification
Effect of certification	67. Certification of an employee organization as the bargaining agent for a bargaining unit has the following effects:
	(a) the employee organization has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit;
	(b) the certification of any employee organization that was previously certified as the bargaining agent for any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees;
	(c) the employee organization is substituted as a party to any collective agreement or arbitral award that affects any employees in the bargaining unit, to the extent that the agreement or award relates to those employees, in the place of the bargaining agent named in the collective agreement or its successor;
	(d) the employee organization is deemed to be the bargaining agent for the purposes of section 107; and
	(e) the employee organization is substituted as a party to any essential services agreement that is in force, in the place of the bargaining agent named in the agreement or its successor.
Termination of existing collective agreement or arbitral award	68. An employee organization that is certified as the bargaining agent for a bargaining unit may, despite anything contained in any collective agreement or arbitral award that is binding on any employees in the bargaining unit on the day of certification, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, on two months' notice to the employer given within one month from the day of certification.
Rights of previous or new bargaining agent	69. Any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of paragraph 67(b) or (c) or section 68 must, on application by the employer or the previous or new bargaining agent, be determined by the Board.
	Changes to Certification
	Review of Bargaining Units
Review of structure of bargaining units	70. (1) If the Board reviews the structure of one or more bargaining units, it must, in determining whether a group of employees constitutes a unit appropriate for collective bargaining, have regard to the employer's classification of persons and positions, including the occupational groups or subgroups established by the employer.
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.
	Managerial or Confidential Positions
Application	71. (1) The employer may apply to the Board for an order declaring that any position of an employee in a bargaining unit for which a bargaining agent has been certified by the Board is a managerial or confidential position on the grounds that the position is a position referred to in any of paragraphs 59(1)(a) to (h).
Content of application	(2) The application must set out every position the employer considers to be a position referred to in any of paragraphs 59(1)(a) to (h).
Copy to bargaining agent	72. The employer must provide the bargaining agent with a copy of the application.
Objection	73. If the bargaining agent considers that a particular position in the employer's application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board.
Decision on objection	74. (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is a position referred to in any paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position.
Burden of proof on bargaining agent	(2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the bargaining agent.
Burden of proof on employer	(3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer.
When no objection filed	75. If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position.
Membership dues	76. (1) If an objection is filed under section 73, the employer must hold the amount that would otherwise be the membership dues in respect of the occupant of the position to which the objection relates until the Board makes an order declaring the position to be a managerial or confidential position, until it dismisses the application in respect of the position or until the objection is withdrawn, as the case may be.
Remission of dues to occupant of position	(2) If the Board makes an order declaring the position to be a managerial or confidential position or the objection is withdrawn, the amount held by the employer under subsection (1) must be remitted to the person to whom it relates.
Remission of dues to bargaining agent	(3) If the Board makes an order dismissing the application in respect of the position, the amount held by the employer under subsection (1) must be remitted to the bargaining agent.
Application for revocation of order	77. (1) If the bargaining agent considers that a position is no longer a managerial or confidential position, the bargaining agent may apply to the Board for an order revoking the order that declared that position to be a managerial or confidential position.
Copy to employer	(2) The bargaining agent must provide the employer with a copy of the application.
Decision	78. (1) If an application is made under section 77, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is still a managerial or confidential position and, if it determines that it is not, make an order revoking the order that declared the position to be a managerial or confidential position.
Burden of proof on bargaining agent	(2) The burden of proving that a particular position is no longer a managerial or confidential position is on the bargaining agent.
	Successor Rights and Obligations
Mergers, amalgamation s and transfers of jurisdiction	79. (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award, an essential services agreement or otherwise.
Board to determine questions	(2) If any question arises in respect of a merger, amalgamation or transfer of jurisdiction referred to in subsection (1) concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement, an arbitral award or an essential services agreement in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained.
Inquiry and votes	(3) Before making a determination on the application, the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the determination. The provisions of subsection 65(2) apply in relation to the taking of the vote.
Definitions	80. The following definitions apply in this section and sections 81 to 93.
``conversion'' « conversion »	``conversion'' means the establishment as a separate agency, or the integration into a separate agency, of any portion, or part of a portion, of the core public administration.
``new separate agency'' « nouvel organisme distinct »	``new separate agency'' means a separate agency established as a result of a conversion or into which is integrated any portion, or part of a portion, of the core public administration as the result of a conversion.
Continuation of collective agreement or arbitral award	81. Subject to sections 83 to 93, a collective agreement or arbitral award that applies to employees in any portion, or part of a portion, of the core public administration before its conversion continues in force after the conversion, and binds the new separate agency, until its term expires.
Parties may amend	82. Nothing in section 81 prohibits the new separate agency and the bargaining agent from amending any provision of a collective agreement, other than a provision relating to its term.
Application for certification	83. An employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force by section 81, but it may do so only during the period in which an application for certification is authorized to be made under section 55 in respect of those employees.
Power of Board	84. (1) Whenever a collective agreement or arbitral award is continued in force by section 81, the Board must, by order, on application by the new separate agency or any bargaining agent affected by the conversion,
	(a) determine whether the employees of the new separate agency who are bound by any collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;
	(b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and
	(c) in respect of each collective agreement or arbitral award that binds employees of the new separate agency, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiration of its term or until any earlier date that the Board may fix.
When application may be made	(2) The application may be made only during the period beginning 120 days and ending 150 days after the conversion date.
Application for leave to give notice to bargain collectively	85. (1) Either party to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 84(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively.
When application may be made	(2) The application must be made within 90 days after the day on which the order is made.
Application for leave to give notice to bargain collectively	86. (1) If no application for an order under subsection 84(1) is made within the period specified in subsection 84(2), the new separate agency or any bargaining agent bound by a collective agreement or arbitral award that is continued in force by section 81 may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively.
When application may be made	(2) The application may be made only during the period beginning 151 days and ending 240 days after the date of the conversion.
Notice to bargain given before conversion	87. A notice to bargain collectively that was given before a conversion does not bind the new separate agency and a new notice to bargain collectively may be given only in the circumstances described in paragraph 89(b).
Duty to observe terms and conditions	88. If a notice to bargain collectively was given before a conversion, then, unless the new separate agency and the bargaining agent agree otherwise, the terms and conditions of employment continued in force by section 107 are binding on the new separate agency, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the date of the conversion until
	(a) the expiry of 150 days following the date of the conversion, if no application is made under paragraph 89(a); or
	(b) if such an application is made, the day the notice referred to in paragraph 89(b) is given.
Application and notice to bargain	89. If a notice to bargain collectively was given before a conversion,
	(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
	(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
	(ii) which employee organization is to be the bargaining agent for the employees in each such unit; and
	(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.