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Federal Public Sector Labour Relations Act

Version of section 186 from 2003-11-07 to 2005-03-31:

The following provision is not in force.

Marginal note:Unfair labour practices — employer

  •  (1) Neither the employer nor a person who occupies a managerial or confidential position, whether or not the person is acting on behalf of the employer, shall

    • (a) participate in or interfere with the formation or administration of an employee organization or the representation of employees by an employee organization; or

    • (b) discriminate against an employee organization.

  • Marginal note:Unfair labour practices — employer

    (2) Neither the employer nor a person acting on behalf of the employer, nor a person who occupies a managerial or confidential position, whether or not that person is acting on behalf of the employer, shall

    • (a) refuse to employ or to continue to employ, or suspend, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment, or intimidate, threaten or otherwise discipline any person, because the person

      • (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of an employee organization, or participates in the promotion, formation or administration of an employee organization,

      • (ii) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Part or Part 2,

      • (iii) has made an application or filed a complaint under this Part or presented a grievance under Part 2, or

      • (iv) has exercised any right under this Part or Part 2;

    • (b) impose, or propose the imposition of, any condition on an appointment, or in an employee’s terms and conditions of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part or Part 2; or

    • (c) seek, by intimidation, threat of dismissal or any other kind of threat, by the imposition of a financial or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of an employee organization or to refrain from

      • (i) testifying or otherwise participating in a proceeding under this Part or Part 2,

      • (ii) making a disclosure that the person may be required to make in a proceeding under this Part or Part 2, or

      • (iii) making an application or filing a complaint under this Part or presenting a grievance under Part 2.

  • Marginal note:Exception

    (3) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) by reason only of

    • (a) permitting an employee or a representative of an employee organization that is a bargaining agent to confer with the employer or person, as the case may be, during hours of work or to attend to the business of the employee organization during hours of work without any deduction from wages or any deduction of time worked for the employer; or

    • (b) permitting an employee organization that is a bargaining agent to use the employer’s premises for the purposes of the employee organization.

  • Marginal note:Exception

    (4) The employer or a person does not commit an unfair labour practice under paragraph (1)(b)

    • (a) if the employer or person is acting in accordance with this Part or a regulation, a collective agreement or an arbitral award; or

    • (b) by reason only of receiving representations from, or holding discussions with, representatives of an employee organization.

  • Marginal note:Exception

    (5) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) or (b) by reason only that the employer or person expresses their point of view, so long as they do not use coercion, intimidation, threats, promises or undue influence.

  • Marginal note:Exception

    (6) The employer or a person does not commit an unfair labour practice under any of paragraphs (1)(a) or (b) or (2)(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position.

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