Bill C-25
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| Content of
application
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(2) The application must set out every
position that the employer considers to be a
position referred to in any of paragraphs (1)(a)
to (h).
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| Copy to
employee
organization
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60. The employer must provide the
employee organization seeking to be certified
with a copy of the application.
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| Objection
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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.
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| Decision on
objection
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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.
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| Burden of
proof on
employee
organization
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(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.
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| Burden of
proof on
employer
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(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.
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| When no
objection filed
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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.
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Certification
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| Conditions for
certification
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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
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| Where
previous
application
denied within
six months
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(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.
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| Membership
in council of
employee
organizations
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(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.
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| Representatio
n vote
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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.
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| Arrangements
for vote
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(2) When the Board orders that a
representation vote be taken, it must
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Where Certification Prohibited
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| Employer
participation
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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.
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| Discriminatio
n
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(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.
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Effect of Certification
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| Effect of
certification
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67. Certification of an employee
organization as the bargaining agent for a
bargaining unit has the following effects:
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| Termination
of existing
collective
agreement or
arbitral award
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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.
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| Rights of
previous or
new
bargaining
agent
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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.
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Changes to Certification
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Review of Bargaining Units
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| Review of
structure of
bargaining
units
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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.
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| Unit
co-extensive
with
occupational
groups
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(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.
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Managerial or Confidential Positions
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| Application
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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).
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| Content of
application
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(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).
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| Copy to
bargaining
agent
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72. The employer must provide the
bargaining agent with a copy of the
application.
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| Objection
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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.
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| Decision on
objection
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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.
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| Burden of
proof on
bargaining
agent
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(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.
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| Burden of
proof on
employer
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(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.
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| When no
objection filed
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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.
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| Membership
dues
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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.
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| Remission of
dues to
occupant of
position
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(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.
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| Remission of
dues to
bargaining
agent
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(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.
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| Application
for revocation
of order
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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.
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| Copy to
employer
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(2) The bargaining agent must provide the
employer with a copy of the application.
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| Decision
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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.
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| Burden of
proof on
bargaining
agent
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(2) The burden of proving that a particular
position is no longer a managerial or
confidential position is on the bargaining
agent.
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Successor Rights and Obligations
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| Mergers,
amalgamation
s and transfers
of jurisdiction
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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.
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| Board to
determine
questions
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(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.
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| Inquiry and
votes
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(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.
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| Definitions
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80. The following definitions apply in this
section and sections 81 to 93.
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| ``conversion'' « conversion »
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``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.
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| ``new separate
agency'' « nouvel organisme distinct »
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``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.
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| Continuation
of collective
agreement or
arbitral award
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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.
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| Parties may
amend
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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.
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| Application
for
certification
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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.
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| Power of
Board
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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,
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| When
application
may be made
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(2) The application may be made only
during the period beginning 120 days and
ending 150 days after the conversion date.
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| Application
for leave to
give notice to
bargain
collectively
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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.
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| When
application
may be made
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(2) The application must be made within 90
days after the day on which the order is made.
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| Application
for leave to
give notice to
bargain
collectively
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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.
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| When
application
may be made
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(2) The application may be made only
during the period beginning 151 days and
ending 240 days after the date of the
conversion.
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| Notice to
bargain given
before
conversion
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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).
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| Duty to
observe terms
and
conditions
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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
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| Application
and notice to
bargain
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89. If a notice to bargain collectively was
given before a conversion,
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