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Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Regulations are current to 2022-11-16 and last amended on 2020-03-06. Previous Versions

PART 1Labour Relations (continued)

General Provisions (continued)

Marginal note:Confidentiality of employees’ wishes

 Despite section 4, the Board must not disclose to anyone evidence that could reveal membership in an employee organization, opposition to the certification or revocation of certification of an employee organization, or the wish of any employee to be represented, or not to be represented, by an employee organization, unless the disclosure would be in furtherance of the objectives of the Act.

Marginal note:Adjournment of hearings

 The Board may adjourn a hearing and specify the date, time, place and terms of its continuance.

Marginal note:Application for review of Board’s decision

 An application for a review, referred to in section 43 of the Act, of an order or a decision of the Board must contain a statement of the grounds on which the applicant intends to rely in support of the review.

DIVISION 1Certification

Procedure for Certification

Marginal note:Application for certification

 An application for certification under section 54 or 238.13 of the Act must be filed with the Board and signed by the authorized representative of the applicant and must contain the following information:

  • (a) the name and contact information of the applicant and its authorized representative;

  • (b) if the applicant is a council of employee organizations, the names and contact information of the constituent employee organizations and their contact persons;

  • (c) the employer’s name and contact information;

  • (d) a detailed description, in both official languages, of the group of employees proposed as a unit appropriate for collective bargaining;

  • (e) the estimated number of employees in the proposed bargaining unit;

  • (f) the reasons for which the proposed bargaining unit is appropriate for collective bargaining;

  • (g) if an employee organization is, on the date of the application for certification, certified as the bargaining agent for employees in the proposed bargaining unit,

    • (i) the name and contact information of that bargaining agent,

    • (ii) a description of the bargaining unit represented, and

    • (iii) the term of the collective agreement or arbitral award, or both, as the case may be; and

  • (h) the date of the application for certification.

Marginal note:Closing date

 On receipt of the application for certification, the Board must

  • (a) fix a closing date that is a date that will allow sufficient time for the employees to be notified and for them to respond, considering the number of employees who may be affected by the application for certification and the locations at which they are employed, and that is no less than 15 days and no more than 40 days after the day on which the application for certification is filed; and

  • (b) notify the employer and any employee organization known to the Board that claims to represent any employees who may be affected by the application of the closing date.

  • SOR/2014-251, s. 12

Marginal note:Copies of notice to employees

  •  (1) The Board must provide the employer with as many copies of the notice of the application for certification as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.

  • Marginal note:Posting of copies of notice

    (2) On receipt of the copies of the notice, an employer must post them, until the closing date, in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application.

  • Marginal note:Statement of compliance

    (3) Immediately after the closing date, the employer must file a statement that the employer has complied with subsection (2).

Marginal note:Employer’s reply

  •  (1) An employer must file a reply to the application for certification on or before the closing date.

  • Marginal note:Form and content

    (2) The reply to the application must be filed with the Board and signed by the authorized representative of the employer and must contain the following information:

    • (a) the name and contact information of the authorized representative of the employer;

    • (b) the total number of employees in the group of employees in the bargaining unit proposed in the application for certification;

    • (c) the reasons for which the proposed group of employees in the bargaining unit is not appropriate for collective bargaining, if any;

    • (d) if a reason is given under paragraph (c), a detailed description, in both official languages, of the group of employees proposed by the employer as a unit appropriate for collective bargaining;

    • (e) the reasons for which that group is more appropriate for collective bargaining than the one proposed in the application for certification;

    • (f) the total number of employees in the group of employees in the bargaining unit proposed by the employer;

    • (g) if an employee organization is, on the date of the application for certification, certified as the bargaining agent for employees in the group of employees proposed by the employer,

      • (i) the name and contact information of that bargaining agent,

      • (ii) a description of the bargaining unit that the bargaining agent represents, and

      • (iii) the term of the collective agreement or arbitral award, or both as the case may be; and

    • (h) the date of the reply.

Marginal note:Intervention

  •  (1) An employee organization that receives a copy of the application for certification or that claims to represent any of the employees who may be affected by the application may, on or before the closing date, file an application for intervention.

  • Marginal note:Form and content

    (2) The application for intervention must be filed with the Board and signed by the authorized representative of the intervenor and must contain the following information:

    • (a) the names and contact information of the intervenor and its authorized representative;

    • (b) the number of employees who are represented by the intervenor in the bargaining unit proposed in the application for certification;

    • (c) the number of employees who are represented by the intervenor in the group of employees proposed by the employer;

    • (d) if the intervenor has entered into a collective agreement with the employer in respect of employees in the group of employees proposed in the application for certification or the one proposed by the employer,

      • (i) a detailed description, in both official languages, of the bargaining unit to which those employees belong, and

      • (ii) the term of the collective agreement or arbitral award, or both, as the case may be, binding the employees in this bargaining unit; and

    • (e) the date of the application for intervention.

Marginal note:Statement of opposition

  •  (1) If an employee or a group of employees is affected by an application for certification and is in opposition to it, the employee or group of employees may, on or before the closing date, file a statement of opposition.

  • Marginal note:Form and content

    (2) The statement of opposition must be filed with the Board and signed by the employee or the authorized representative of the group, as the case may be, and must contain

    • (a) the name and contact information of the employee or the authorized representative, as the case may be;

    • (b) the name of the employee organization that made the application for certification;

    • (c) the reasons for opposing the application for certification; and

    • (d) the date of the statement of opposition.

Marginal note:Amendment

 A person may file an application to amend an application for certification, reply, application for intervention or statement of opposition filed by that person.

Marginal note:Documentary evidence

  •  (1) An application for certification must be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that a majority of the employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent.

  • Marginal note:Deadline for supplementary documentary evidence

    (2) Any supplementary documentary evidence must be filed with the Board on or before the closing date for the application.

Marginal note:Council of employee organizations — documentary evidence

 If a council of employee organizations files an application for certification, the council must, when the application is filed, file the documentary evidence on which the council intends to rely to satisfy the Board that 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:Employer — additional documentation

 To verify that a majority of the employees in the proposed bargaining unit wish the applicant to represent them as their bargaining agent, the Board may require the employer to file a list that identifies all of the employees in respect of whom the application is filed, along with either the specimen signatures of the employees, the home addresses of the employees, or both.

Managerial or Confidential Positions

Marginal note:Application concerning managerial or confidential positions

  •  (1) An application under subsection 59(1) or 71(1) of the Act for an order declaring a position to be a managerial or confidential position must set out, for each position,

    • (a) the position title, description, number and classification, the department or agency to which it belongs, the geographic location of the position and the name of the occupant of the position;

    • (b) the paragraph in subsection 59(1) of the Act on which the employer relies in support of the application; and

    • (c) if the employer relies on paragraph 59(1)(h) of the Act, the paragraphs to which paragraph 59(1)(h) applies, together with the title, description, number and classification of the position in relation to which the duties and responsibilities of the occupant of the position to be excluded are alleged to be confidential.

  • Marginal note:Time for filing

    (2) If an application referred to in subsection (1) is made in the context of an application for certification, it must be filed with the Board on or before the closing date for the application for certification.

Marginal note:Objection

  •  (1) An objection in respect of a position referred to in section 61 or 73 of the Act may be filed with the Board no later than 20 days after receipt of a copy of the application and must set out

    • (a) the position title, description, number and classification, the department or agency to which it belongs and the geographic location of the position; and

    • (b) a statement of the grounds for the objection.

  • Marginal note:Copy of the objection

    (2) The employee organization filing the objection under (1) must provide a copy of it to the employer.

Marginal note:Revocation of order

 An application for revocation of an order in respect of a position under subsection 77(1) of the Act must set out

  • (a) the position title, description, number and classification, the department or agency to which it belongs and the geographic location of the position; and

  • (b) a statement of the grounds for the application for revocation.

Procedure for Revocation of Certification

Marginal note:Application for revocation of certification

 An application for revocation of certification under section 94, 98, 99, 100 or 238.17 of the Act must be filed with the Board and signed by the applicant or the applicant’s authorized representative and must contain the following information:

  • (a) the names and contact information of the applicant and the applicant’s authorized representative, if any;

  • (b) the name and contact information of the respondent bargaining agent;

  • (c) if the applicant is not the employer, the employer’s name and contact information;

  • (d) a detailed description, in both official languages, of the bargaining unit;

  • (e) the estimated number of employees in the bargaining unit;

  • (f) the term of the collective agreement or arbitral award, or both, as the case may be;

  • (g) the provision of the Act that is invoked in support of the application;

  • (h) the reasons for which the certification of the respondent bargaining agent should be revoked; and

  • (i) the date of the application for revocation.

 
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