Bill C-25
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Eligibility
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168. No person may act as a member of the
public interest commission in respect of a
matter referred to conciliation if the person
has, at any time during the six months before
their date of appointment, acted in respect of
any matter concerning employer-employee
relations as counsel or agent of the employer
or of any employee organization that has an
interest in the matter referred to conciliation.
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Notification
of
establishment
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169. (1) The Chairperson must, without
delay, notify the parties of the establishment
of the public interest commission and of the
name or names of its member or members, as
the case may be.
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Effect of
notification
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(2) The notification constitutes conclusive
proof that the public interest commission has
been established in accordance with this Part
and, after it is given, no order may be made or
process entered into, and no proceedings may
be taken in any court, to question the
establishment of the commission or to review,
prohibit or restrain any of its proceedings.
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Death,
incapacity or
resignation of
single
member
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170. (1) In the event of the death, incapacity
or resignation of the member of a public
interest commission that consists of a single
member before the commission makes a
report to the Chairperson, the Chairperson
must recommend to the Minister the
appointment of another person from the list
submitted under section 166 and the Minister
must, without delay, appoint that person or
another person on the list. That person must
recommence the conciliation proceedings
from the beginning.
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Vacancy -
commission
with three
members
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(2) If a vacancy occurs in the membership
of a public interest commission that consists
of three members before the commission
makes a report to the Chairperson, the
vacancy must be filled by the Minister, on the
recommendation of the Chairperson, by
appointment in the manner provided for in
section 167 for the selection of the person in
respect of whom the vacancy arose.
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Delivery of
notice
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171. After a public interest commission is
established, the Chairperson must, without
delay, deliver to it a copy of the notice given
under subsection 161(1), if one was given.
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Powers and Functions
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Assistance to
parties
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172. As soon as possible after being
established, the public interest commission
must endeavour to assist the parties to the
dispute in entering into or revising a collective
agreement.
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Procedure
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173. (1) Except as otherwise provided in
this Part, the public interest commission may
determine its own procedure, including the
date, time and place of its proceedings, but
both parties must be given a full opportunity
to present evidence and make representations.
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Quorum and
absence of
members
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(2) The chairperson of the public interest
commission and one other member constitute
a quorum in the case of a commission
consisting of three members but, in the
absence of a member at any proceedings of the
commission, the other members may not
proceed unless the absent member has been
given reasonable notice of the proceedings.
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Powers
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174. (1) The public interest commission has
all the powers of the Board set out in
paragraphs 40(1)(a), (d), (e) and (h) to (j).
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Delegation
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(2) The public interest commission may
authorize any person to exercise any of its
powers set out in paragraphs 40(1)(d), (e), (i)
and (j) and require that person to report to it on
the exercise of those powers.
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Factors to be
considered
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175. In the conduct of its proceedings and in
making a report to the Chairperson, the public
interest commission must take into account
the following factors, in addition to any other
factors that it considers relevant:
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Report
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Report to
Chairperson
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176. (1) The public interest commission
must submit a report to the Chairperson as to
its success or failure in assisting the parties to
the dispute and as to its findings and
recommendations within 30 days after it is
established, or within any longer period that
may be agreed on by the parties or determined
by the Chairperson.
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Report to be
signed
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(2) The report must be signed by the
chairperson of the public interest commission,
or by the single member, as the case may be.
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Report not to
require
legislative
implementatio
n
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177. (1) The report may not, directly or
indirectly, recommend the alteration or
elimination of any existing term or condition
of employment, or the establishment of any
new term or condition of employment, if
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Matters not
negotiated
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(2) The report of the public interest
commission may not deal with a term or
condition of employment that was not the
subject of negotiation between the parties
during the period before conciliation was
requested.
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Findings and
recommendati
ons of
majority
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178. (1) If the public interest commission
consists of three members, the findings and
recommendations of a majority of the
members in respect of the matters in dispute
are deemed to be those of the commission.
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Findings and
recommendati
ons when
majority
cannot agree
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(2) If a majority of members of the public
interest commission cannot agree in respect of
the commission's findings and
recommendations, the findings and
recommendations of the chairperson of the
commission in respect of the matters in
dispute are deemed to be those of the
commission.
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Reconsiderati
on of matters
contained in
report
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179. The Chairperson may direct the public
interest commission to reconsider and clarify
or amplify its report or any part of the report.
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Copy of
report to be
sent to parties
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180. The Chairperson must, as soon as
possible after receiving the report or, if the
Chairperson makes a direction under section
179, as soon as possible after receiving the
reconsidered report, send a copy to the parties
and cause the report, or the reconsidered
report, as the case may be, to be published in
any manner that he or she considers
appropriate.
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Agreement to
be bound
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181. If, before the public interest
commission submits its report to the
Chairperson, the parties agree in writing that
one or more recommendations to be made by
the public interest commission in the report
are to be binding on them, each such
recommendation, once made, is binding on
them and must be given effect.
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Alternate Dispute Resolution Process
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Alternate
dispute
resolution
process
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182. (1) Despite any other provision of this
Part, the employer and a bargaining agent for
a bargaining unit may, at any time in the
negotiation of a collective agreement, agree to
refer any term or condition of employment of
employees in the bargaining unit that may be
included in a collective agreement to any
eligible person for final and binding
determination by whatever process the
employer and the bargaining agent agree to.
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Alternate
process
applicable
only to terms
referred to it
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(2) If a term or condition is referred to a
person for final and binding determination,
the process for resolution of a dispute
concerning any other term or condition
continues to be conciliation.
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Agreement
not
unilaterally
changeable
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(3) Unless both parties agree, the referral of
a term or condition to a person for final and
binding determination remains in force until
the determination is made.
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Form of
determination
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(4) The form of the final and binding
determination must, wherever possible,
permit the determination to be
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Binding effect
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(5) The determination is binding on the
employer, the bargaining agent and the
employees in the bargaining unit and is
deemed to be incorporated into any collective
agreement binding on the employees in the
bargaining unit in respect of which the
determination applies or, if there is no such
agreement, is deemed to be such an
agreement.
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Eligibility
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(6) A person is not eligible to be appointed
as a person who makes a final and binding
determination under this section if the person
has, at any time during the six months before
their date of appointment, acted in respect of
any matter concerning employer-employee
relations as solicitor, counsel or agent of the
employer or of any employee organization
that has an interest in the term or condition
referred for final and binding determination.
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Vote on Employer's Offer
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Minister may
order vote to
be held
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183. (1) If the Minister is of the opinion that
it is in the public interest that the employees in
a bargaining unit be given the opportunity to
accept or reject the offer of the employer last
received by the bargaining agent in respect of
all matters remaining in dispute between the
parties, the Minister may
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Vote does not
delay right
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(2) The direction that a vote be held, or the
holding of that vote, does not prevent the
declaration or authorization of a strike if the
employee organization that is certified as the
bargaining agent is not otherwise prohibited
from making the declaration or authorization,
nor does it prevent the participation in a strike
by an employee if the employee is not
otherwise prohibited from participating in the
strike.
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Consequences
of favourable
vote
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(3) If a majority of the employees
participating in the vote accept the employer's
last offer,
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Powers
respecting
vote
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(4) The Board or other person or body in
charge of conducting the vote must determine
any question that arises under this section,
including any question relating to the conduct
of the vote or the determination of its result.
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DIVISION 11 |
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STRIKE VOTES |
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Secret ballot
vote
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184. (1) In order to obtain approval to
declare or authorize a strike, an employee
organization must hold a vote by secret ballot
among all of the employees in the bargaining
unit conducted in a manner that ensures that
the employees are given a reasonable
opportunity to participate in the vote and be
informed of the results.
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Application to
have vote
declared
invalid
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(2) An employee who is a member of a
bargaining unit for which a vote referred to in
subsection (1) was held and who alleges that
there were irregularities in the conduct of the
vote may, no later than 10 days after the day
the results of the vote are announced, make an
application to the Board to have the vote
declared invalid.
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Dismissal of
application
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(3) The Board may summarily dismiss the
application if it is satisfied that, even if the
alleged irregularities did occur, the outcome
of the vote would not have been different.
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New vote
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(4) If the Board declares the vote invalid, it
may order that a new vote be held in
accordance with the conditions it specifies in
the order.
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DIVISION 12 |
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UNFAIR LABOUR PRACTICES |
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Meaning of
``unfair labour
practice''
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185. In this Division, ``unfair labour
practice'' means anything that is prohibited by
subsection 186(1) or (2), section 187 or 188 or
subsection 189(1).
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Unfair labour
practices -
employer
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186. (1) Neither the employer nor a person
who occupies a managerial or confidential
position, whether or not the person is acting on
behalf of the employer, shall
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Unfair labour
practices -
employer
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(2) Neither the employer nor a person acting
on behalf of the employer, nor a person who
occupies a managerial or confidential
position, whether or not that person is acting
on behalf of the employer, shall
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Exception
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(3) The employer or a person does not
commit an unfair labour practice under
paragraph (1)(a) by reason only of
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Exception
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(4) The employer or a person does not
commit an unfair labour practice under
paragraph (1)(b)
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Exception
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(5) The employer or a person does not
commit an unfair labour practice under
paragraph (1)(a) or (b) by reason only that the
employer or person expresses their point of
view, so long as they do not use coercion,
intimidation, threats, promises or undue
influence.
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Exception
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(6) The employer or a person does not
commit an unfair labour practice under any of
paragraphs (1)(a) or (b) or (2)(a) to (c) by
reason only of any act or thing done or omitted
in relation to a person who occupies, or is
proposed to occupy, a managerial or
confidential position.
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