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Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp.))

Act current to 2024-02-06 and last amended on 2021-08-31. Previous Versions

PART IStaff Relations (continued)

General (continued)

Prohibitions (continued)

Marginal note:Discrimination against employee organization

  •  (1) Except in accordance with this Part or any regulation, collective agreement or arbitral award, no person employed in a managerial or confidential capacity, whether or not the person acts on behalf of an employer, shall discriminate against an employee organization.

  • Marginal note:Saving provision

    (2) Nothing in subsection (1) shall be construed to prevent a person employed in a managerial or confidential capacity from receiving representations from, or holding discussions with, the representatives of any employee organization.

Marginal note:Soliciting membership during working hours

 Except with the consent of the employer affected, no officer or representative of an employee organization shall attempt, on the employer’s premises during the working hours of an employee, to persuade the employee to become, refrain from becoming, continue to be or to cease to be a member of an employee organization.

DIVISION IFederal Public Sector Labour Relations and Employment Board

Application of Certain Acts

Marginal note:Application

 Unless otherwise provided in this Part, the provisions of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,

  • (a) a reference to either of those Acts in any of those provisions shall be read as a reference to this Part; and

  • (b) words and expressions used in those provisions that are defined by this Part shall have the meaning given to them by this Part.

  • R.S., 1985, c. 33 (2nd Supp.), s. 9
  • 2003, c. 22, s. 184
  • 2013, c. 40, s. 426
  • 2017, c. 9, s. 46

Powers, Duties and Functions

Marginal note:Powers, duties and functions

 The Board shall administer this Part and shall exercise the powers and perform the duties and functions that are conferred or imposed on it by, or are incidental to the attainment of the objects of, this Part including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board under this Part.

  • R.S., 1985, c. 33 (2nd Supp.), s. 10
  • 2013, c. 40, s. 426

 [Repealed, 2013, c. 40, s. 426]

Marginal note:Authority of Board to make regulations

  •  (1) The Board may make regulations of general application respecting

    • (a) the manner in which persons shall be designated by an employer, or by the Board on objection thereto by a bargaining agent, to be persons described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3;

    • (b) the determination of units of employees appropriate for collective bargaining;

    • (c) the certification of bargaining agents for bargaining units;

    • (d) the hearing or determination of any matter relating to or arising out of the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee notwithstanding the revocation;

    • (e) 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 the unit where there is any merger, amalgamation or transfer of jurisdiction between two or more such organizations;

    • (f) the establishment of rules of procedure for the hearings of an adjudicator;

    • (g) [Repealed, 2013, c. 40, s. 427]

    • (h) the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that any employees wish or do not wish to have that employee organization represent them as their bargaining agent;

    • (i) [Repealed, 2013, c. 40, s. 427]

    • (j) the authority vested in a council of employee organizations that shall be considered appropriate authority within the meaning of paragraph 19(2)(b); and

    • (k) any other matter that is incidental or conducive to the attainment of the objects of this Part.

  • Marginal note:When regulations effective

    (2) Regulations of general application made under subsection (1) have effect on publication in the Canada Gazette.

  • R.S., 1985, c. 33 (2nd Supp.), s. 12
  • 2013, c. 40, s. 427

Marginal note:Complaints

  •  (1) The Board shall examine and inquire into any complaint made to it that an employer or an employee organization, or any person acting on behalf of an employer or employee organization, has failed

    • (a) to observe any prohibition contained in section 6, 7 or 8;

    • (b) to give effect to any provision of an arbitral award;

    • (c) to give effect to a decision of an adjudicator with respect to a grievance; or

    • (d) to comply with any regulation respecting grievances made by the Board pursuant to section 71.

  • Marginal note:Order of Board directing compliance

    (2) Where under subsection (1) the Board determines that any person has failed to observe any prohibition, to give effect to any provision or decision or to comply with any regulation as described in that subsection, it may make an order, addressed to that person, directing the person to observe the prohibition, give effect to the provision or decision or comply with the regulation, as the case may be, or take such action as may be required in that behalf within such specified period as the Board may consider appropriate and,

    • (a) where that person has acted or purported to act on behalf of an employer, it shall direct its order as well to the employer; and

    • (b) where that person has acted or purported to act on behalf of an employee organization, it shall direct its order as well to the chief officer of that employee organization.

Marginal note:Where order not complied with

 Where any order made under section 13 directs some action to be taken and is not complied with within the period specified in the order for the taking of that action, the Board shall cause a copy of its order, a report of the circumstances and all documents relevant thereto to be laid before each House of Parliament within fifteen days after the expiration of the period or, if that House is not then sitting, on any of the first fifteen days next thereafter on which that House is sitting.

Marginal note:Powers of Board in proceedings

 The Board has, in relation to the hearing or determination of any proceeding before it, power

  • (a) to (c) [Repealed, 2013, c. 40, s. 428]

  • (d) to require an employer to post and keep posted in appropriate places any notices that the Board deems necessary to bring to the attention of any employees any matter or proceeding before the Board;

  • (e) to enter on the premises of an employer for the purpose of conducting representation votes during working hours; and

  • (f) to authorize any person to do anything that the Board may do under paragraphs (d) and (e) and to require the person to report to the Board on it.

  • R.S., 1985, c. 33 (2nd Supp.), s. 15
  • 2013, c. 40, s. 428

Marginal note:Application of orders

 Where under this Part the Board may make or issue any order or direction, prescribe any term or condition or do any other thing in relation to any person, the Board may do so, either generally or in any particular case or class of cases.

Marginal note:Review or amendment of orders

  •  (1) Subject to subsection (2), the Board may review, rescind, amend, alter or vary any decision or order made by it, or may re-hear any application before making an order in respect thereof.

  • Marginal note:Exception

    (2) Any rights acquired by virtue of any decision or order that is reviewed, rescinded, amended, altered or varied pursuant to subsection (1) shall not be altered or extinguished with effect from a day earlier than the day on which the review, rescission, amendment, alteration or variation is made.

DIVISION IICollective Bargaining and Collective Agreements

Certification of Bargaining Agents

Application for Certification

Marginal note:Application by employee organization

 An employee organization seeking to be certified as bargaining agent for a group of employees that it considers constitutes a unit of employees appropriate for collective bargaining may, subject to section 21, apply in the manner prescribed to the Board for certification as bargaining agent for the proposed bargaining unit.

Marginal note:Application by council of organizations

  •  (1) Where two or more employee organizations have come together to form a council of employee organizations, the council so formed may, subject to section 21, apply in the manner prescribed to the Board for certification as described in section 18.

  • Marginal note:Conditions for certification of council

    (2) The Board may certify a council of employee organizations as bargaining agent for a bargaining unit where the Board is satisfied that

    • (a) the requirements for certification established by this Part are met; and

    • (b) 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.

Marginal note:Council deemed to be employee organization

 A council of employee organizations shall, for all purposes of this Part except subsection 19(2), be deemed to be an employee organization, and membership in any employee organization that is part of a council of employee organizations shall for the same purposes be deemed to be membership in the council.

When Application for Certification may be Made

Marginal note:Where agreement for term of not more than two years

  •  (1) Where a collective agreement or an arbitral award is in force and is for a term of not more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only after the commencement of the last two months of its operation.

  • Marginal note:Where agreement for term of more than two years

    (2) Where a collective agreement or an arbitral award is in force and is for a term of more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only

    • (a) after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation;

    • (b) during the two month period immediately preceding the end of each year that the agreement or award continues to operate after the second year of its operation; or

    • (c) after the commencement of the last two months of its operation.

  • Marginal note:Where agreement is for indefinite term

    (3) Where a collective agreement referred to in subsection (1) or (2) provides that it will continue to operate after the term specified therein for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the collective agreement, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to whom the collective agreement applies at any time permitted by subsection (1) or (2), as the case may be, or during the two month period immediately preceding the end of each year that the collective agreement continues to operate after the term specified therein.

  • Marginal note:Where no collective agreement or award in force

    (4) Where no collective agreement or arbitral award in respect of a bargaining unit is in force but an employee organization has been certified as bargaining agent for any of the employees in the bargaining unit, an employee organization may, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at an earlier time, apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit.

Marginal note:No certification where previous application refused within six months

 Where an application for certification of an employee organization as bargaining agent for a proposed bargaining unit has been refused by the Board, the Board shall not certify the employee organization as bargaining agent for the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the Board last refused certification, unless the Board is satisfied that the previous application was refused by reason only of a technical error or omission made in connection therewith.

Determination of Appropriate Bargaining Units

Marginal note:Determination of unit

  •  (1) Where an employee organization has made application to the Board for certification as described in section 18, the Board shall determine the relevant group of employees that constitutes a unit appropriate for collective bargaining.

  • Marginal note:Matters to be taken into account

    (2) In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board shall take into account, having regard to the proper functioning of this Part, the duties and classification of the employees in the proposed bargaining unit in relation to any plan of classification as it may apply to the employees in the proposed bargaining unit.

  • Marginal note:Composition of bargaining unit

    (3) For the purposes of this Part, a unit of employees may be determined by the Board to constitute a unit appropriate for collective bargaining whether or not its composition is identical with the group of employees in respect of which application for certification was made.

Marginal note:Determination of membership in bargaining units

 Where, at any time following the determination by the Board of a group of employees to constitute a unit appropriate for collective bargaining, any question arises as to whether any employee or class of employees is or is not included therein or is included in any other unit, the Board shall, on application by the employer or any employee organization affected, determine the question.

Certification

Marginal note:Certification of employee organization as bargaining unit

 The Board shall, subject to this Part, certify an employee organization as bargaining agent for the employees in a bargaining unit if the Board

  • (a) has received from the employee organization an application for certification as the bargaining agent for the bargaining unit in accordance with this Part;

  • (b) has determined the group of employees that constitutes a unit appropriate for collective bargaining in accordance with section 23;

  • (c) is satisfied that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent; and

  • (d) is satisfied that the persons representing the employee organization in the making of the application have been duly authorized to make the application.

  • R.S., 1985, c. 33 (2nd Supp.), s. 25
  • 2014, c. 40, s. 6
  • 2017, c. 12, s. 5

Marginal note:Powers of Board in relation to certification

  •  (1) For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in paragraphs (c) and (d) of that section, the Board may

    • (a) examine, in accordance with any regulations that may be made by the Board in that behalf, such evidence as is submitted to it respecting membership of the employees in the proposed bargaining unit in the employee organization seeking certification;

    • (b) make or cause to be made such examination of records or make such inquiries as it deems necessary; and

    • (c) examine documents forming or relating to the constitution or articles of association of the employee organization seeking certification.

  • Marginal note:Representation vote directed to be taken

    (2) For the purpose of satisfying itself under paragraph 25(c) that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent, the Board, in its sole discretion, may direct that a representation vote be taken among the employees in the bargaining unit.

  • Marginal note:Arrangements to be made for representation vote

    (3) If, under subsection (2), the Board directs that a representation vote be taken, the Board shall

    • (a) determine the employees that are eligible to vote; and

    • (b) make such arrangements and give such directions as it deems requisite for the proper conduct of the representation vote including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes.

  • (4) [Repealed, 1993, c. 34, s. 100]

  • R.S., 1985, c. 33 (2nd Supp.), s. 26
  • 1993, c. 34, s. 100
  • 2014, c. 40, s. 7
  • 2017, c. 12, s. 6
 

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