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

Effect of Revocation: Rights of Employee Organizations and Employees

Marginal note:Effect of revocation

33 Where, at the time the certification of a bargaining agent for a bargaining unit is revoked, a collective agreement or arbitral award binding on the employees in that bargaining unit is in force, the agreement or award shall thereupon cease to be in effect, except where another employee organization is substituted as a party to the agreement or award on the revocation of that certification.

Marginal note:Determination of rights of bargaining agent

34 Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30 or 32, any question as to any right or duty of that bargaining agent or of any new bargaining agent replacing it shall, on application by either organization, be determined by the Board.

Marginal note:Direction

35 Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30, 31 or 32 and as a result thereof a collective agreement or arbitral award binding on the employees in the bargaining unit ceases to be in effect or a collective agreement or arbitral award applying to the bargaining unit is void, the Board shall, on application to it by or on behalf of any employee and in accordance with any regulations made by it in respect thereof, direct the manner in which any right acquired by, or determined by the Board to have accrued to, an employee that is affected by the revocation is to be recognized and given effect to.

Successor Rights

Marginal note:Mergers, amalgamations and transfers of jurisdiction

36 Where, on a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations otherwise than as a result of revocation of certification, any question arises concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement or arbitral award in respect of a bargaining unit or an employee therein, the Board, on application to it by any employee organization affected, shall examine the question and may, in accordance with any regulations made by it in respect thereof, declare or determine what rights, privileges and duties, if any, have been acquired or are retained, as the case may be, by that employee organization.

Negotiation of Collective Agreements

Notice to Bargain Collectively

Marginal note:Notice to bargain collectively

• 37 (1) Where the Board has certified an employee organization as bargaining agent for a bargaining unit, the bargaining agent, on behalf of the employees in the bargaining unit, may require the employer affected or the employer may require the bargaining agent, by notice in writing given in accordance with subsection (2), to commence bargaining collectively, with a view to the conclusion of a collective agreement.

• Marginal note:When notice may be given

  (2) Notice to bargain collectively may be given

  • (a) where no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part, at any time; and

  • (b) where a collective agreement or arbitral award is in force, within the period of two months before the agreement or award ceases to operate.

Where Notice Given

Marginal note:Commencement of collective bargaining

38 Where notice to bargain collectively has been given, the bargaining agent and the officers designated to represent the employer affected shall, without delay, but in any case within twenty days after the notice was given or within such further time as the parties may agree, meet and commence to bargain collectively in good faith and make every reasonable effort to conclude a collective agreement.

Marginal note:Continuation in force of terms and conditions

39 Where notice to bargain collectively has been given, any term or condition of employment applicable to the employees in the bargaining unit in respect of which the notice was given that may be embodied in a collective agreement and that was in force on the day the notice was given shall remain in force and shall be observed by the employer affected, the bargaining agent for the bargaining unit and the employees in the bargaining unit, except as otherwise provided by any agreement in that behalf that may be entered into by the employer and the bargaining agent, until such time as

• (a) a collective agreement has been entered into by the parties and no request for arbitration in respect of that term or condition of employment, or in respect of any term or condition of employment proposed to be substituted therefor, has been made in the manner and within the time prescribed therefor by this Part; or

• (b) a request for arbitration in respect of that term or condition of employment, or in respect of any term or condition of employment proposed to be substituted therefor, has been made in accordance with this Part and a collective agreement has been entered into or an arbitral award has been rendered in respect thereof.

Conciliation

Marginal note:Request for conciliation

40 Where an employer or a bargaining agent advises the Board by notice in writing of the inability of the parties to reach agreement on any term or condition of employment that may be embodied in a collective agreement and that it desires the assistance of a conciliator in reaching agreement, the Chairperson may appoint a conciliator who shall, forthwith after the appointment, confer with the parties and endeavour to assist them in reaching agreement.

Marginal note:Report of conciliator

41 A conciliator shall, within fourteen days from the date of his appointment or within such longer period as the Chairperson may determine, report his success or failure to the Chairperson.

Collective Agreements

Authority to Enter into Agreement

Marginal note:Authority of employer

42 An employer may enter into a collective agreement with the bargaining agent for a bargaining unit applicable to employees in that bargaining unit.

Provisions of Collective Agreement

Marginal note:Time within which agreement to be implemented

• 43 (1) The provisions of a collective agreement shall, subject to the appropriation by or under the authority of Parliament of any moneys that may be required, be implemented by the parties

  • (a) where a period within which the collective agreement is to be implemented is specified in the collective agreement, within that period; and

  • (b) where no period for implementation is specified in the collective agreement, within a period of ninety days from the date of its execution or, on application by either party to the agreement, within such longer period as may appear reasonable to the Board.

• Marginal note:Term or condition requiring legislative implementation

  (2) No collective agreement shall provide, directly or indirectly, for the alteration or elimination of any existing term or condition of employment or the establishment of any new term or condition of employment

  • (a) the alteration or elimination of which or the establishment of which, as the case may be, would require or have the effect of requiring the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating moneys required for its implementation; or

  • (b) that has been or after the coming into force of this Part is, as the case may be, established pursuant to the Government Employees Compensation Act or the Public Service Superannuation Act.

Duration and Effect

Marginal note:When agreement effective

• 44 (1) A collective agreement has effect in respect of a bargaining unit on and after

  • (a) where an effective date is specified, that day; and

  • (b) where no effective date is specified, the first day of the month next following the month in which the agreement is executed.

• Marginal note:Where no provision as to term of agreement

  (2) Where a collective agreement contains no provision as to its term, or is for a term of less than one year, the collective agreement shall be deemed to be for a term of one year from the day on and after which it has effect pursuant to subsection (1).

• Marginal note:Saving provision

  (3) Nothing in subsection (2) shall be construed as preventing the amendment or revision of any provision of a collective agreement, other than a provision relating to the term of the collective agreement, that, under the agreement, may be amended or revised during the term thereof.

Marginal note:Binding effect of agreement

45 A collective agreement is, subject to and for the purposes of this Part, binding on the employer affected, on the bargaining agent that is a party thereto and its constituent elements, and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and after the day on and after which it has effect pursuant to subsection 44(1).

DIVISION IIIProvisions Applicable to Resolution of Disputes

Marginal note:Provisions applicable to resolution of dispute

46 Where an employer and the bargaining agent for a bargaining unit have bargained collectively in good faith with a view to concluding a collective agreement but have failed to reach agreement, sections 50 to 61 apply to the resolution of the dispute.

Arbitration

Marginal note:Board to appoint panels

• 47 (1) The Board shall appoint two panels, one panel to consist of at least three persons representative of the interests of the employers and the other to consist of at least three persons representative of the interests of employees.

• Marginal note:Tenure of members of panels

  (2) A member of a panel appointed by the Board under subsection (1) shall be appointed to hold office for such term as the Board considers appropriate.

• Marginal note:Eligibility

  (3) A person is not eligible to hold office as a member of a panel if the person is not eligible to be a member of the Board or, if the person is a member of the Board, unless the person is a member of the Board pursuant to a selection under section 48.

Marginal note:Board for arbitration

• 48 (1) In respect of each dispute referred to arbitration, the Board shall be deemed to consist, for the period of the arbitration proceedings and for the purposes of the arbitration only, of a member of the Board and two other persons, one each selected by the Board from each panel appointed under subsection 47(1).

• Marginal note:Deemed membership on Board during arbitration proceedings

  (2) A person selected by the Board from a panel under subsection (1) shall be deemed to be a member of the Board for the period of the arbitration proceedings in respect of which the person is selected.

• Marginal note:Qualifications to serve on Board for arbitration

  (3) No person shall act as a member of the Board in respect of a matter referred to arbitration if the person has at any time during the six months immediately preceding the day of the selection of that person under subsection (1) acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer affected or of any employee organization that has an interest in the matter referred to arbitration.

Marginal note:Chairperson may appoint outside arbitrator

• 49 (1) Notwithstanding anything in this Part, if the Chairperson considers it advisable to do so, the Chairperson may appoint an arbitrator in place of the Board in respect of any matters in dispute referred to arbitration under this Part.

• Marginal note:Eligibility

  (2) A person is not eligible to be appointed as an arbitrator under subsection (1) if the person

  • (a) is not eligible to be a member of the Board;

  • (b) is a member of the Board or member of a panel appointed by the Board under subsection 47(1); or

  • (c) is not eligible under subsection 48(3) to act as a member of the Board in respect of a matter referred to arbitration.

• Marginal note:Powers of arbitrator

  (3) An arbitrator appointed under this section has all the powers of the Board set out in paragraph 15(d) of this Act and paragraphs 20(d) and (e) of the Federal Public Sector Labour Relations and Employment Board Act.

• Marginal note:Sections 52 to 61 apply

  (4) Sections 52 to 61 apply, with such modifications as the circumstances require, in respect of matters in dispute referred to an arbitrator appointed under subsection (1).

Request for Arbitration

Marginal note:Request for arbitration

• 50 (1) If the parties to collective bargaining have bargained collectively in good faith with a view to concluding a collective agreement but have been unable to reach agreement on any term or condition of employment of employees in the relevant bargaining unit that may be embodied in an arbitral award, either party may, by notice in writing to the Board given in accordance with subsection (2), request arbitration in respect of that term or condition of employment.

• Marginal note:When notice may be given

  (2) The notice referred to in subsection (1) may be given

  • (a) at any time, where no collective agreement has been entered into by the parties and no request for arbitration has been made by either party since the commencement of the bargaining; or

  • (b) not later than seven days after any collective agreement is entered into by the parties, in any other case.

• Marginal note:Notice to be given

  (3) Where arbitration is requested by notice under subsection (1), the party making the request shall

  • (a) specify in the notice the terms and conditions of employment in respect of which it requests arbitration and its proposals concerning the award to be made by the Board in respect thereof; and

  • (b) annex to the notice a copy of any collective agreement entered into by the parties.