Bill C-25
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Right to strike
limited during
period
between
Parliaments
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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.
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Tabling in
Parliament
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(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.
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Declaration or
authorization
of strike
prohibited
during
deferred
period
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(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).
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Participation
prohibited
during
deferred
period
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(4) No employee shall participate in a strike
in the period during which the strike is
deferred by an order made under subsection
(1).
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Declarations and Orders Relating to Strikes
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Application
for
declaration
that conduct is
unlawful
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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.
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Declaration
that strike
unlawful and
strike
prohibited
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(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
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Terms and
duration of
order
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(3) An order made under subsection (2)
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Continuation
or revocation
of order
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(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,
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Prohibition Relating to Essential Services
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Obstruction
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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.
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Offences and Punishment
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Persons
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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.
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Employees
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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.
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Employee
organizations
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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.
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Employee
organizations
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(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.
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Prosecution of
employee
organization
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(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.
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Officers and
representative
s of employee
organizations
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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.
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Employer
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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.
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Consent to
prosecution
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205. A prosecution for an offence under this
Division may be instituted only with the
consent of the Board.
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PART 2 |
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GRIEVANCES |
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Interpretation |
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Definitions
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206. (1) The following definitions apply in
this Part.
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``employee'' « fonctionnair e »
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``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''.
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``group
grievance'' « grief collectif »
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``group grievance'' means a grievance
presented in accordance with section 215.
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``individual
grievance'' « grief individuel »
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``individual grievance'' means a grievance
presented in accordance with section 208.
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``policy
grievance'' « grief de principe »
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``policy grievance'' means a grievance
presented in accordance with section 220.
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Former
employees
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(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
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Conflict Management |
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Informal
conflict
management
system
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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.
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Individual Grievances |
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Presentation
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Right of
employee
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208. (1) Subject to subsections (2) to (7), an
employee is entitled to present an individual
grievance if he or she feels aggrieved
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Limitation
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(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.
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Limitation
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(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.
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Limitation
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(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.
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Limitation
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(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.
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Limitation
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(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.
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Order to be
conclusive
proof
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(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.
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Reference to Adjudication
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Reference to
adjudication
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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
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