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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)

DIVISION 1Certification (continued)

Procedure for Revocation of Certification (continued)

Marginal note:Closing date

 On receipt of the application for revocation of 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 are affected by the application for revocation of 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 revocation of certification is filed; and

  • (b) notify the bargaining agent and, if the applicant is a person other than the employer, the employer of the closing date.

  • SOR/2014-251, s. 14

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 revocation of certification as are necessary considering the number of employees who are 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, the 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 are 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:Bargaining agent’s reply

  •  (1) A bargaining agent must file a reply to the application for revocation of certification on or before the closing date.

  • Marginal note:Form and content

    (1.1) The reply must be filed with the Board and signed by the authorized representative of the bargaining agent and must contain the following information:

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

    • (b) the estimated number of employees in the bargaining unit referred to in the application for revocation of certification;

    • (c) the date of certification of the bargaining agent;

    • (d) a copy of any collective agreement or arbitral award, or both, as the case may be, affecting the employees in the bargaining unit; and

    • (e) the date of the reply.

  • Marginal note:Attached document

    (2) The reply must be accompanied by a copy of any collective agreement or arbitral award applicable to the employees who are affected by the application.

Marginal note:Statement of opposition

  •  (1) If an employee or a group of employees is affected by an application for revocation of 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 by each employee in the group, as the case may be, and must contain the following information

    • (a) the name and contact information of the employee or of each employee in the group, as the case may be, and their authorized representative, if any;

    • (b) the names of the employee, employee organization or employer that made the application for revocation;

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

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

Marginal note:Amendment

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

Marginal note:Documentary evidence

  •  (1) An application for revocation of certification must be accompanied by the documentary evidence on which the applicant intends to rely to satisfy the Board that the bargaining agent no longer represents a majority of the employees in the bargaining unit.

  • 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:Form of evidence

 The documentary evidence that the bargaining agent no longer represents a majority of the employees in the bargaining unit must be in writing and must be signed by the employees supporting the application.

Marginal note:Employer — additional documentation

 To verify that the bargaining agent no longer represents a majority of the employees in the bargaining unit, 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.

Representation Votes

Marginal note:Representation votes

  •  (1) If the Board appoints a returning officer to conduct a representation vote, the returning officer must determine the validity of ballots in accordance with any directions given by the Board under subsection 65(2) of the Act and must report the results of the vote to the Board.

  • Marginal note:Appointment

    (2) The returning officer may appoint one or more persons, as required, to assist in the conduct of the vote, other than in any tasks referred to in subsection (1).

DIVISION 2Choice of Dispute Resolution Process

Marginal note:Notice of choice of dispute resolution process

 A notice of the choice of dispute resolution process under subsection 103(1) of the Act, must be filed with the Board, signed by the authorized representative of the bargaining agent and include

  • (a) the name and contact information of the bargaining agent, the employer and their authorized representatives;

  • (b) a detailed description of the bargaining unit in respect of which the choice is made; and

  • (c) the dispute resolution process chosen.

Marginal note:Application to change the process

 An application to change the applicable dispute resolution process, referred to in subsection 104(1) of the Act, must be filed with the Board and signed by authorized representative of the bargaining agent and must contain the following information:

  • (a) the names and contact information of the bargaining agent, the employer and their authorized representatives;

  • (b) a detailed description of the bargaining unit in respect of which the choice is made; and

  • (c) the dispute resolution process last recorded by the Board and the desired change.

DIVISION 3Arbitration

Marginal note:Request for arbitration

 A request for arbitration under subsection 136(1) of the Act that is made to the Chairperson must be filed with the Board and signed by the authorized representative of the requestor and must contain the following information:

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

  • (b) the name and contact information of the other party to the dispute;

  • (c) a detailed description of the bargaining unit in respect of which the request was made;

  • (d) the date on which the notice to bargain collectively was given under section 105 of the Act;

  • (e) the most recent date, before the date on which the notice to bargain collectively was given, on which the Board recorded a dispute resolution process chosen by the bargaining agent in relation to the bargaining unit;

  • (f) the steps that have been taken, including the dates of meetings that have been held and the progress that has been made in collective bargaining, after the notice to bargain collectively was given;

  • (g) the terms or conditions of employment for which arbitration is requested;

  • (h) the proposals, in both official languages, concerning the arbitral award to be made in respect of the terms or conditions of employment;

  • (i) any request for the establishment of an arbitration board consisting of three members under subsection 140(1) of the Act;

  • (j) a copy of the most recent collective agreement; and

  • (k) the date of the request for arbitration.

Marginal note:Other party’s response

  •  (1) A party that receives a copy of a request for arbitration under subsection 136(1) of the Act may, no later than seven days after receipt of the copy, file its response concerning the arbitral award to be made for any term or condition of employment in respect of which the arbitration was requested.

  • Marginal note:Form and content

    (2) The response must be filed with the Board and signed by the authorized representative of the party filing its response and must contain the following information:

    • (a) the name and contact information of the party filing the response and its authorized representative;

    • (b) the name and contact information of the other party to the dispute;

    • (c) its proposals, in both official languages, concerning the arbitral award to be made in respect of the terms or conditions of employment for which arbitration was requested;

    • (d) any request for the establishment of an arbitration board consisting of three members under subsection 140(1) of the Act; and

    • (e) the date of the response.

  • Marginal note:Request for arbitration of additional matters

    (3) A notice referred to in subsection 136(5) of the Act must be filed with the Board and signed by the authorized representative of the party filing the notice and contain the following information:

    • (a) the name and contact information of the party filing the notice and its authorized representative;

    • (b) the names and contact information of the other party to the dispute;

    • (c) the additional terms or conditions of employment for which arbitration is requested;

    • (d) the proposals of the party filing the notice, in both official languages, concerning the arbitral award to be made in respect of the additional terms and conditions of employment; and

    • (e) the date of the notice.

Marginal note:Applicant’s response

  •  (1) The applicant may, no later than seven days after receipt of a copy of the notice referred to in subsection 136(5) of the Act, file its response concerning the arbitral award to be made in respect of additional terms or conditions of employment referred to in paragraph 48(3)(c) for which arbitration was requested by the other party.

  • Marginal note:Form and content

    (2) The response must be filed with the Board and signed by the authorized representative of the applicant and must contain the following information:

    • (a) proposals, in both official languages, concerning the arbitral award to be made in respect of the additional terms or conditions of employment for which arbitration was requested; and

    • (b) the date of the response.

Marginal note:Representations

 If a party objects to the referral of a matter in dispute under subsection 144(1) of the Act to an arbitration board on the ground that it is not a matter that may be included in an arbitral award, the Chairperson must give the parties the opportunity to make representations on the matter before referring it to the arbitration board.

 [Repealed, SOR/2020-43, s. 25]

DIVISION 4Conciliation

Marginal note:Request for conciliation

 A request for conciliation under subsection 161(1) of the Act that is made to the Chairperson must be filed with the Board and signed by the authorized representative of the requestor and must contain the following information:

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

  • (b) the name and contact information of the other party to the dispute;

  • (c) a detailed description of the bargaining unit in respect of which the request is made;

  • (d) the date on which the notice to bargain collectively was given under section 105 of the Act;

  • (e) the most recent date, before the date on which the notice to bargain collectively was given, on which the Board recorded a dispute resolution process chosen by the bargaining agent in relation to the bargaining unit;

  • (f) the steps that have been taken, including the dates of meetings that have been held and the progress that has been made in collective bargaining, after the notice to bargain collectively was given;

  • (g) the terms or conditions of employment for which conciliation is requested;

  • (h) the proposals concerning the report to be made in respect of the terms or conditions of employment;

  • (i) any request for a public interest commission consisting of three members under subsection 164(2) of the Act;

  • (j) a copy of the most recent collective agreement; and

  • (k) the date of the request for conciliation.

 
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