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Bill C-25

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	DIVISION 1
	EMPLOYEE FREEDOMS
Employee freedoms	5. Every employee is free to join any employee organization of his or her choice and to participate in its lawful activities.
	DIVISION 2
	MANAGEMENT RIGHTS
Right of Treasury Board preserved	6. Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board under paragraph 7(1)(b) of the Financial Administration Act.
Right of employer preserved	7. Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board or a separate agency to determine the organization of those portions of the federal public administration for which it represents Her Majesty in right of Canada as employer or to assign duties to and to classify positions and persons employed in those portions of the federal public administration.
	DIVISION 3
	CONSULTATION COMMITTEES AND CO-DEVELOPMENT
Consultation committee	8. Each deputy head must, in consultation with the bargaining agents representing employees in the portion of the federal public administration for which he or she is deputy head, establish a consultation committee consisting of representatives of the deputy head and the bargaining agents for the purpose of exchanging information and obtaining views and advice on issues relating to the workplace that affect those employees.
Meaning of ``co-develop ment of workplace improvements ''	9. For the purpose of this Division, ``co-development of workplace improvements'' means the consultation between the parties on workplace issues and their participation in the identification of workplace problems and the development and analysis of solutions to those problems with a view to adopting mutually agreed to solutions.
Co-developm ent of workplace improvements	10. The employer and a bargaining agent, or a deputy head and a bargaining agent, may engage in co-development of workplace improvements.
National Joint Council	11. Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on.
	DIVISION 4
	PUBLIC SERVICE LABOUR RELATIONS BOARD
	Establishment and Composition
Board established	12. A Board is established, to be called the Public Service Labour Relations Board, consisting of a Chairperson, up to three Vice-Chairpersons and any other members that the Governor in Council may appoint.
	Mandate
Mandate	13. The Board's mandate is to provide adjudication services, mediation services and compensation analysis and research services in accordance with this Act.
Adjudication services	14. The adjudication services to be provided by the Board consist of the hearing of applications and complaints made under this Part, the referral of grievances to adjudication in accordance with Part 2 and the hearing of matters brought before the Board under Part 3.
Mediation services	15. The mediation services to be provided by the Board consist of
	(a) assisting parties in the negotiation of collective agreements and their renewal;
	(b) assisting parties in the management of the relations resulting from the implementation of collective agreements;
	(c) mediating in relation to grievances; and
	(d) assisting the Chairperson in discharging his or her responsibilities under this Act.
Compensation analysis and research services	16. The compensation analysis and research services to be provided by the Board include conducting compensation surveys, compiling information relating to compensation, analyzing that information and making it, and the analysis, available to the parties and, in the appropriate circumstances, to the public, and conducting compensation research based on market comparisons for all occupations in the public service and any other research relating to compensation that the Chairperson may direct.
National Joint Council	17. The Board's mandate includes the provision of facilities and administrative support to the National Joint Council.
	Appointment of Members
Qualifications	18. (1) To be eligible to hold office as a member, a person must
	(a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
	(b) not hold any other office or employment under the employer;
	(c) not be a member of or hold an office or employment under an employee organization certified as a bargaining agent;
	(d) not carry on any activity inconsistent with the person's functions; and
	(e) have knowledge of or experience in labour relations.
Exception	(2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Yukon Territory or the Northwest Territories or the Legislature for Nunavut with powers and functions similar to those of the Board.
Appointments of other members from list	19. (1) Every member, other than the Chairperson or a Vice-Chairperson, must be appointed from among eligible persons whose names are included on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.
Contents	(2) The Chairperson must set out on the list
	(a) the names of all eligible persons recommended by the employer;
	(b) the names of all eligible persons recommended by the bargaining agents; and
	(c) the names of any other eligible persons whom the Chairperson considers suitable for appointment.
Equal numbers	(3) The appointment of members, other than the Chairperson and the Vice-Chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.
Non-represent ative Board	(4) Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in respect of all powers and functions under this Act.
Full or part-time members	20. The Chairperson and the Vice-Chairpersons are each full-time members and the other members may be appointed as full-time or part-time members.
Residence of full-time members	21. The full-time members must reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.
Tenure	22. (1) Each member is to be appointed to hold office during good behaviour and may be removed by the Governor in Council for cause.
Term of office	(2) A member may be appointed for a term of office that is not more than five years.
Reappointmen t	(3) A member is eligible for reappointment on the expiry of any term of office.
Completion of duties	(4) A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any functions or responsibilities that the person would otherwise have had in connection with any matter that came before the Board while the person was still a member and in respect of which there was any proceeding in which the person participated as a member. For that purpose, the person is deemed to be a part-time member.
	Remuneration
Remuneration	23. Every member and former member referred to in subsection 22(4)
	(a) is to be paid the remuneration that may be determined by the Governor in Council; and
	(b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.
	Application of Acts
Application of Public Service Superannuati on Act	24. A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
Application of other Acts	25. Members are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.
	Head Office and Meetings
Head office	26. The head office of the Board is to be in the National Capital Region described in the schedule to the National Capital Act.
Time and place of meetings	27. (1) Meetings of the Board may be held at any date, time and place that the Chairperson considers appropriate for the proper conduct of the Board's business.
Off-site participation	(2) A meeting of the Board may be held by any means of telecommunication that permits all persons participating in the meeting to communicate adequately with each other during the meeting. A person participating by such means is deemed to be present at the meeting.
Quorum	28. The Chairperson, one Vice-Chairperson and a majority of the other full-time members of the Board constitute a quorum at a meeting of the Board.
Attendance of part-time members at meetings	29. A part-time member is not entitled to attend a meeting of the Board, but may attend at the invitation of the Chairperson.
Decision of majority	30. A decision of a majority of the Board's members who are present at a Board meeting is a decision of the Board.
	Panels
Composition	31. Proceedings brought before the Board under this Part are to be heard and determined by a panel of not less than three members, at least one of whom is the Chairperson or a Vice-Chairperson, or, if the Chairperson considers it appropriate in the circumstances, by a panel consisting of a single member.
Powers, rights and privileges	32. A panel has all the powers, rights and privileges of the Board with respect to any matter assigned to the panel under this Part.
Chairperson of the panel	33. The chairperson of a panel that consists of three or more members is the Chairperson or, if the Chairperson is not a member of the panel, a Vice-Chairperson designated by the Chairperson.
Death or incapacity of member	34. (1) In the event of the death or incapacity of a member of a panel consisting of three or more members, other than the death or incapacity of the chairperson, the chairperson may determine any matter that was before the panel and the chairperson's decision is deemed to be the decision of the panel.
Death or incapacity of chairperson	(2) In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of a single member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.
Decision of panel	35. (1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority of the members of the panel, the decision of the chairperson of the panel is the decision of the panel.
Decision of Board	(2) A decision of a panel is a decision of the Board.
	Powers and Functions of the Board
Powers and functions of the Board	36. The Board administers this Act and it may exercise the powers and perform the functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, regulations made under it or decisions made in respect of a matter coming before the Board.
Provision of assistance to parties	37. The Board, or any member or employee of the Board designated by the Board, may, if the parties agree, assist the parties in resolving any issue in dispute at any stage of a proceeding by any means that the Board considers appropriate, without prejudice to its power to determine issues that have not been settled.
Delegation by Board	38. The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations.
Authority to make regulations	39. The Board may make regulations concerning
	(a) the certification of bargaining agents for bargaining units;
	(b) the determination of units appropriate for collective bargaining;
	(c) the time and manner of making applications under section 59, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications;
	(d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1)(c);
	(e) the manner of making applications under sections 71 and 77, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 71;
	(f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in a bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations;
	(g) the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation;
	(h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications;
	(i) the procedure for hearings;
	(j) the specification of the times within which notices, other than those referred to in subsections 130(1) and (2), and other documents are to be sent or given under this Part, the persons to whom they are to be sent or given and when they are deemed to have been sent, given or received;
	(k) the determination of the form in which, and the time as of which, the following evidence is to be presented to the Board on an application for certification or revocation of certification of a bargaining agent:
	(i) evidence as to membership of employees in an employee organization,
	(ii) evidence of objection by employees to certification of an employee organization, and