Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)

Marginal note:Change of process

• 104 (1) A bargaining agent for a bargaining unit that wishes to change the process for the resolution of a dispute that is applicable to the bargaining unit may apply to the Board, in accordance with the regulations, to record the change.

• Marginal note:Recording of change

  (2) On receiving the application, the Board must record the change of process.

• Marginal note:Effective date and duration

  (3) A change in the process for the resolution of a dispute becomes effective on the day that a notice to bargain collectively is given after the change is recorded and remains in force until the process is changed in accordance with this section.

DIVISION 7Collective Bargaining and Collective Agreements

Negotiation of Collective Agreements

Notice to Bargain Collectively

Marginal note:Notice to bargain collectively

• 105 (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit and the process for the resolution of a dispute applicable to that bargaining unit has been recorded by the Board, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement.

• Marginal note:When notice may be given

  (2) The notice to bargain collectively may be given

  • (a) at any time, if 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; or

  • (b) if a collective agreement or arbitral award is in force, within the four months before it ceases to be in force.

• (2.1) [Repealed, 2018, c. 24, s. 7]

• Marginal note:Copy of notice to Board

  (3) A party that has given a notice to bargain collectively to another party must send a copy of the notice to the Board.

Effect of Notice

Marginal note:Duty to bargain in good faith

106 After the notice to bargain collectively is given, the bargaining agent and the employer must, without delay, and in any case within 20 days after the notice is given unless the parties otherwise agree,

• (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and

• (b) make every reasonable effort to enter into a collective agreement.

Marginal note:Duty to observe terms and conditions

107 Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or

• (a) if the process for the resolution of a dispute is arbitration, an arbitral award is rendered; or

• (b) if the process for the resolution of a dispute is conciliation, a strike could be declared or authorized without contravening subsection 194(1).

Mediation

Marginal note:Appointment of mediator

• 108 (1) The Chairperson may at any time, if requested to do so or on his or her own initiative, appoint a mediator to confer with the parties to a dispute and to endeavour to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact-finding, subject to any direction that the Chairperson may give.

• Marginal note:Recommendations

  (2) At the request of the parties or the Chairperson, the mediator may make recommendations for settlement of the dispute.

Collective Bargaining for Two or More Units

Marginal note:Negotiation of single collective agreement

• 109 (1) Despite any other provision of this Part, the employer and one or more bargaining agents may jointly elect to engage in collective bargaining with a view to entering into a single collective agreement binding on two or more bargaining units.

• Marginal note:Election not changeable

  (2) If made, the election may not be changed until the single collective agreement is entered into.

Two-tier Bargaining

Marginal note:Two-tier bargaining

• 110 (1) Subject to the other provisions of this Part, the employer, the bargaining agent for a bargaining unit and the deputy head for a particular department named in Schedule I to the Financial Administration Act or for another portion of the federal public administration named in Schedule IV to that Act may jointly elect to engage in collective bargaining respecting any terms and conditions of employment in respect of any employees in the bargaining unit who are employed in that department or other portion of the federal public administration.

• Marginal note:More than one department or portion

  (2) Collective bargaining under subsection (1) may relate to more than one department or other portion of the federal public administration if each of the deputy heads concerned elects to engage in the collective bargaining.

• Marginal note:Duty to bargain in good faith

  (3) The parties who elect to bargain collectively under subsection (1) must, without delay after the election,

  • (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and

  • (b) make every reasonable effort to reach agreement on the terms and conditions of employment in question.

Collective Agreements

Authority to Enter into Agreement

Marginal note:Authority of Treasury Board

111 The Treasury Board may, in the manner that may be provided for by any rules or procedures determined by it under section 5 of the Financial Administration Act, enter into a collective agreement with the bargaining agent for a bargaining unit, other than a bargaining unit composed of employees of a separate agency.

Marginal note:Authority of separate agency

112 A separate agency may, with the approval of the Governor in Council, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the separate agency.

Restriction on Content of Collective Agreement

Marginal note:Collective agreement not to require legislative implementation

113 A collective agreement that applies to a bargaining unit — other than a bargaining unit determined under section 238.14 — must not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if

• (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; or

• (b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act.

Duration and Effect

Marginal note:Agreement is binding

114 Subject to and for the purposes of this Part and Division 1 of Part 2.1, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 12 of the Financial Administration Act, the collective agreement is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.

Marginal note:When agreement has effect

115 A collective agreement has effect in respect of a bargaining unit as of

• (a) the effective date specified in it; or

• (b) if no effective date is specified, the first day of the month after the month in which the agreement is signed.

Marginal note:Minimum duration

116 A collective agreement is deemed to have effect for one year, unless a longer period is specified in the collective agreement.

Marginal note:Duty to implement provisions of the collective agreement

117 Subject to the appropriation by or under the authority of Parliament of money that may be required by the employer, the parties must implement the provisions of a collective agreement

• (a) within the period specified in the collective agreement for that purpose; or

• (b) if no such period is specified in the collective agreement, within 90 days after the date it is signed or any longer period that the parties may agree to or that the Board, on application by either party, may set.

Amendments

Marginal note:Parties may amend

118 Nothing in this Part prohibits parties from amending any provision of a collective agreement, other than a provision relating to its term.

DIVISION 8Essential Services

Marginal note:Application of Division

119 This Division applies to the employer and the bargaining agent for a bargaining unit when the process for the resolution of a dispute applicable to the bargaining unit is conciliation.

Marginal note:Employer determines levels of service

120 The employer has the exclusive right to determine the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Nothing in this Division is to be construed as limiting that right.

Marginal note:Proportion of duties may vary during strike

• 121 (1) For the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, the employer and the bargaining agent may agree that some employees in the bargaining unit will be required by the employer to perform their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally.

• Marginal note:Determination of number of necessary employees

  (2) For the purposes of subsection (1), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined

  • (a) without regard to the availability of other persons to provide the essential service during a strike; and

  • (b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations.

Marginal note:Obligation to negotiate

• 122 (1) If the employer has given to the bargaining agent a notice in writing that the employer considers that employees in the bargaining unit occupy positions that are necessary for the employer to provide essential services, the employer and the bargaining agent must make every reasonable effort to enter into an essential services agreement as soon as feasible.

• Marginal note:Timing

  (2) The notice may be given at any time but not later than 20 days after the day a notice to bargain collectively is given.

Marginal note:Application to the Board

• 123 (1) If the employer and the bargaining agent are unable to enter into an essential services agreement, either of them may apply to the Board to determine any unresolved matter that may be included in an essential services agreement. The application may be made at any time but not later than

  • (a) 15 days after the day a request for conciliation is made by either party; or

  • (b) 15 days after the day the parties are notified by the Chairperson under subsection 163(2) of his or her intention to recommend the establishment of a public interest commission.

• Marginal note:Delay

  (2) The Board may delay dealing with the application until it is satisfied that the employer and the bargaining agent have made every reasonable effort to enter into an essential services agreement.

• Marginal note:Powers of Board

  (3) After considering the application, the Board may determine any matter that the employer and the bargaining agent have not agreed on that may be included in an essential services agreement and make an order

  • (a) deeming the matter determined by it to be part of an essential services agreement between the employer and the bargaining agent; and

  • (b) deeming that the employer and the bargaining agent have entered into an essential services agreement.

• Marginal note:Restriction

  (4) The order must not require the employer to change the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided.

• Marginal note:Proportion of duties may vary during strike

  (5) The Board may, for the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, take into account that some employees in the bargaining unit may be required by the employer to perform those of their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally.

• Marginal note:Determination of number of necessary employees

  (6) For the purposes of subsection (5), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined

  • (a) without regard to the availability of other persons to provide the essential service during a strike; and

  • (b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations.

• Marginal note:Application relating to specific position

  (7) If the application relates to a specific position to be identified in the essential services agreement, the employer’s proposal in respect of the position is to prevail, unless the position is determined by the Board not to be of the type necessary for the employer to provide essential services.