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

Regulations are current to 2020-09-09 and last amended on 2020-03-06. Previous Versions

PART 1Labour Relations (continued)

DIVISION 1Certification (continued)

Managerial or Confidential Positions (continued)

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.

  • SOR/2020-43, s. 16
  • SOR/2020-43, s. 50(E)

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.

  • SOR/2020-43, s. 50(E)

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.

  • SOR/2020-43, s. 17

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).

  • SOR/2014-251, s. 15
  • SOR/2020-43, s. 18
  • SOR/2020-43, s. 50(E)

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.

  • SOR/2020-43, s. 19
  • SOR/2020-43, s. 50(E)

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.

  • SOR/2020-43, s. 20

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.

  • SOR/2020-43, s. 21
  • SOR/2020-43, s. 50(E)

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.

  • SOR/2020-43, s. 50(E)

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).

  • SOR/2014-251, s. 16
  • SOR/2020-43, s. 50(E)
 
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