Parliamentary Employment and Staff Relations Act

This Act may be cited as the Parliamentary Employment and Staff Relations Act.

Subject to this Act, this Act applies to and in respect of every person employed by, and applies to and in respect of, and, except as provided in this Act, nothing in any other Act of Parliament that provides for matters similar to those provided for under this Act and nothing done thereunder, whether before or after the coming into force of this section, shall apply to or in respect of or have any force or effect in relation to the institutions and persons described in this section.

the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, and

a Member of Parliament who, in that capacity, employs that person or has the direction or control of staff employed to provide research or associated services to the caucus members of a political party represented in Parliament,

For greater certainty, a person who is referred to in section 2 and who is not entitled to present a grievance under section 62 may file a complaint under subsection 94(1) of the Accessible Canada Act with respect to a contravention of an applicable provision of regulations made under subsection 117(1) of that Act if the person has suffered physical or psychological harm, property damage or economic loss as a result of — or has otherwise been adversely affected by — that contravention.

In this Part,

adjudicator means, subject to subsection 66(4), a member of the Board assigned to hear and determine a grievance referred to adjudication and includes, where the context permits, a board of adjudication established under section 65 and an adjudicator named in a collective agreement for the purposes of that agreement; (arbitre)

arbitral award means an award made by the Board or an arbitrator appointed under section 49 in respect of a dispute; (décision arbitrale)

bargaining agent means an employee organization

that has been certified by the Board as bargaining agent for a bargaining unit, and

the certification of which has not been revoked; (agent négociateur)

bargaining unit means a group of two or more employees that is determined, in accordance with this Part, to constitute a unit of employees appropriate for collective bargaining; (unité de négociation)

Board means the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act; (Commission)

Chairman[Repealed, 2003, c. 22, s. 182]

Chairperson means the Chairperson of the Board; (président)

collective agreement means an agreement in writing entered into under this Part between an employer, on the one hand, and a bargaining agent, on the other hand, containing provisions respecting terms and conditions of employment and related matters; (convention collective)

conciliator means a person appointed by the Chairperson under section 40 to assist the parties to collective bargaining in reaching agreement; (conciliateur)

Deputy Chairman[Repealed, 2003, c. 22, s. 182]

dispute means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement, in respect of which arbitration is requested pursuant to section 50; (différend)

employee means a person employed by an employer, other than and for the purposes of this definition a person does not cease to be employed by an employer by reason only of the person’s discharge contrary to this Part or any other Act of Parliament; (employé)

a person appointed by the Governor in Council,

a person not ordinarily required to work more than seven hundred hours in a calendar year or one-third of the normal period for persons doing similar work, whichever is greater,

a person employed on a casual or temporary basis, unless the person has been so employed for a period of six months or more,

a person employed in a managerial or confidential capacity, or

a person excluded from the application of this Part by section 4,

employee organization means any organization of employees the purposes of which include the regulation of relations between an employer and its employees for the purposes of this Part and includes, unless the context otherwise requires, a council of employee organizations; (organisation syndicale)

employer means

the Senate as represented by such committee or person as the Senate by its rules or orders designates for the purposes of this Part,

the House of Commons as represented by such committee or person as the House of Commons by its orders designates for the purposes of this Part,

the Library of Parliament as represented by the Parliamentary Librarian acting, subject to subsection 74(1) of the Parliament of Canada Act, on behalf of both Houses of Parliament,

the office of the Senate Ethics Officer as represented by the Ethics Officer,

the office of the Conflict of Interest and Ethics Commissioner as represented by the Conflict of Interest and Ethics Commissioner,

the Parliamentary Protective Service as represented by the Director of the Parliamentary Protective Service on behalf of the Speakers of the two Houses of Parliament, or

the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; (employeur)

grievance means a complaint in writing presented in accordance with this Part by an employee on his own behalf or on behalf of the employee and one or more other employees, except that

for the purposes of any of the provisions of this Part respecting grievances, a reference to an “employee” includes a person who would be an employee but for the fact that the person is a person employed in a managerial or confidential capacity, and

for the purposes of any of the provisions of this Part respecting grievances with respect to action resulting in termination or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s termination or suspension, the person was a person employed in a managerial or confidential capacity; (grief)

member, in respect of a member of the Board, includes a full-time member and a part-time member; (commissaire)

parties means

in relation to collective bargaining, arbitration or a dispute, an employer and a bargaining agent, and

in relation to a grievance, an employer and the employee who presented the grievance; (parties)

person employed in a managerial or confidential capacity means any person who

is employed in a position confidential to the person occupying the recognized position of Speaker of the Senate, Speaker of the House of Commons, Clerk of the Senate, Clerk of the House of Commons, Administrator of the House of Commons, Gentleman Usher of the Black Rod, Sergeant-at-Arms or Law Clerk and Parliamentary Counsel of either House,

is employed as parliamentary counsel in either House or as legal counsel to a committee of either or both Houses, or

is employed by an employer and, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board, or, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in prescribed manner by the employer or by the Board on objection thereto by the bargaining agent, to be a person

who has executive duties and responsibilities in relation to the development and administration of employer programs,

whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,

who is required by reason of the duties and responsibilities of that person to deal formally on behalf of the employer with a grievance presented in accordance with the grievance process provided by this Part,

who is employed in a position confidential to any person described in paragraph (b) or subparagraph (i), (ii) or (iii), or

who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who, in the opinion of the Board, should not be included in a bargaining unit by reason of his duties and responsibilities to the employer; (personne occupant un poste de direction ou de confiance)

prescribed means prescribed by regulation of the Board; (règlement et réglementaire)

strike includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down of work or other concerted activity on the part of employees designed to restrict or limit output; (grève)

Vice-Chairman[Repealed, 2003, c. 22, s. 182]

Vice-Chairperson means a Vice-Chairperson of the Board. (vice-président)

Nothing in this Part abrogates or derogates from any of the privileges, immunities and powers referred to in section 4 of the Parliament of Canada Act.

This Part does not apply to or in respect of

the staff of any member of the Queen’s Privy Council for Canada holding the office of a minister of the Crown;

the staff of the member of the Senate occupying the recognized position of

Leader of the Government in the Senate,

Leader of the Opposition in the Senate,

Government Whip in the Senate, or

Opposition Whip in the Senate;

the staff of the member of the House of Commons occupying the recognized position of

Leader of the Opposition in the House of Commons,

Chief Government Whip in the House of Commons, or

Chief Opposition Whip in the House of Commons;

the staff of the member of the House of Commons occupying the recognized position of Leader or Whip of a party that has a recognized membership of twelve or more persons in the House of Commons;

the staff of any other individual Member of Parliament;

the staff employed to provide research or associated services to the caucus members of a political party represented in Parliament; or

persons employed on a temporary basis by a committee of one or both Houses of Parliament.

The purpose of this Part is to provide to certain persons employed in Parliamentary service collective bargaining and other rights in respect of their employment.

Every employee may be a member of an employee organization and may participate in the lawful activities of the employee organization of which the employee is a member.

Nothing in this Part shall be construed to affect the right or authority of an employer to determine the organization of the employer and to assign duties and classify positions of employment.

No person who is employed in a managerial or confidential capacity, whether or not the person is acting on behalf of the employer, shall participate in or interfere with the formation or administration of an employee organization or the representation of employees by such an organization.

Subject to subsection (3), no person shall

refuse to employ, continue to employ or otherwise discriminate against any person in regard to employment or to any term or condition of employment, because the person is a member of an employee organization or was or is exercising any right under this Part;

impose any condition on an appointment or in a contract of employment, or propose the imposition of any condition on an appointment or in a contract 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

seek by intimidation, by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or any other penalty or by any other means to compel an employee

to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be, a member of an employee organization, or

to refrain from exercising any other right under this Part.

No person shall be deemed to have contravened subsection (2) by reason of any act or thing done or omitted in relation to a person employed, or proposed to be employed, in a managerial or confidential capacity.

Except in accordance with this Part or any regulation, collective agreement or arbitral award, no person employed in a managerial or confidential capacity, whether or not the person acts on behalf of an employer, shall discriminate against an employee organization.

Nothing in subsection (1) shall be construed to prevent a person employed in a managerial or confidential capacity from receiving representations from, or holding discussions with, the representatives of any employee organization.

Except with the consent of the employer affected, no officer or representative of an employee organization shall attempt, on the employer’s premises during the working hours of an employee, to persuade the employee to become, refrain from becoming, continue to be or to cease to be a member of an employee organization.

Unless otherwise provided in this Part, the provisions of the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act respecting the Board apply also in respect of this Part except that, for the purpose of that application,

a reference to either of those Acts in any of those provisions shall be read as a reference to this Part; and

words and expressions used in those provisions that are defined by this Part shall have the meaning given to them by this Part.

The Board shall administer this Part and shall exercise the powers and perform the duties and functions that are conferred or imposed on it by, or are incidental to the attainment of the objects of, this Part including the making of orders requiring compliance with this Part, with any regulation made under this Part or with any decision made in respect of a matter coming before the Board under this Part.

[Repealed, 2013, c. 40, s. 426]

The Board may make regulations of general application respecting

the manner in which persons shall be designated by an employer, or by the Board on objection thereto by a bargaining agent, to be persons described in subparagraphs (c)(i) to (v) of the definition person employed in a managerial or confidential capacity in section 3;

the determination of units of employees appropriate for collective bargaining;

the certification of bargaining agents for bargaining units;

the hearing or determination of any matter relating to or arising out of the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee notwithstanding the revocation;

the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in the unit where there is any merger, amalgamation or transfer of jurisdiction between two or more such organizations;

the establishment of rules of procedure for the hearings of an adjudicator;

[Repealed, 2013, c. 40, s. 427]

the circumstances in which evidence as to membership of employees in an employee organization may be received by the Board as evidence that any employees wish or do not wish to have that employee organization represent them as their bargaining agent;

[Repealed, 2013, c. 40, s. 427]

the authority vested in a council of employee organizations that shall be considered appropriate authority within the meaning of paragraph 19(2)(b); and

any other matter that is incidental or conducive to the attainment of the objects of this Part.

Regulations of general application made under subsection (1) have effect on publication in the Canada Gazette.

The Board shall examine and inquire into any complaint made to it that an employer or an employee organization, or any person acting on behalf of an employer or employee organization, has failed

to observe any prohibition contained in section 6, 7 or 8;

to give effect to any provision of an arbitral award;

to give effect to a decision of an adjudicator with respect to a grievance; or

to comply with any regulation respecting grievances made by the Board pursuant to section 71.

Where under subsection (1) the Board determines that any person has failed to observe any prohibition, to give effect to any provision or decision or to comply with any regulation as described in that subsection, it may make an order, addressed to that person, directing the person to observe the prohibition, give effect to the provision or decision or comply with the regulation, as the case may be, or take such action as may be required in that behalf within such specified period as the Board may consider appropriate and,

where that person has acted or purported to act on behalf of an employer, it shall direct its order as well to the employer; and

where that person has acted or purported to act on behalf of an employee organization, it shall direct its order as well to the chief officer of that employee organization.

Where any order made under section 13 directs some action to be taken and is not complied with within the period specified in the order for the taking of that action, the Board shall cause a copy of its order, a report of the circumstances and all documents relevant thereto to be laid before each House of Parliament within fifteen days after the expiration of the period or, if that House is not then sitting, on any of the first fifteen days next thereafter on which that House is sitting.

The Board has, in relation to the hearing or determination of any proceeding before it, power

[Repealed, 2013, c. 40, s. 428]

to require an employer to post and keep posted in appropriate places any notices that the Board deems necessary to bring to the attention of any employees any matter or proceeding before the Board;

to enter on the premises of an employer for the purpose of conducting representation votes during working hours; and

to authorize any person to do anything that the Board may do under paragraphs (d) and (e) and to require the person to report to the Board on it.

Where under this Part the Board may make or issue any order or direction, prescribe any term or condition or do any other thing in relation to any person, the Board may do so, either generally or in any particular case or class of cases.

Subject to subsection (2), the Board may review, rescind, amend, alter or vary any decision or order made by it, or may re-hear any application before making an order in respect thereof.

Any rights acquired by virtue of any decision or order that is reviewed, rescinded, amended, altered or varied pursuant to subsection (1) shall not be altered or extinguished with effect from a day earlier than the day on which the review, rescission, amendment, alteration or variation is made.

An employee organization seeking to be certified as bargaining agent for a group of employees that it considers constitutes a unit of employees appropriate for collective bargaining may, subject to section 21, apply in the manner prescribed to the Board for certification as bargaining agent for the proposed bargaining unit.

Where two or more employee organizations have come together to form a council of employee organizations, the council so formed may, subject to section 21, apply in the manner prescribed to the Board for certification as described in section 18.

The Board may certify a council of employee organizations as bargaining agent for a bargaining unit where the Board is satisfied that

the requirements for certification established by this Part are met; and

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.

A council of employee organizations shall, for all purposes of this Part except subsection 19(2), be deemed to be an employee organization, and membership in any employee organization that is part of a council of employee organizations shall for the same purposes be deemed to be membership in the council.

Where a collective agreement or an arbitral award is in force and is for a term of not more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only after the commencement of the last two months of its operation.

Where a collective agreement or an arbitral award is in force and is for a term of more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only

after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation;

during the two month period immediately preceding the end of each year that the agreement or award continues to operate after the second year of its operation; or

after the commencement of the last two months of its operation.

Where a collective agreement referred to in subsection (1) or (2) provides that it will continue to operate after the term specified therein for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the collective agreement, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to whom the collective agreement applies at any time permitted by subsection (1) or (2), as the case may be, or during the two month period immediately preceding the end of each year that the collective agreement continues to operate after the term specified therein.

Where no collective agreement or arbitral award in respect of a bargaining unit is in force but an employee organization has been certified as bargaining agent for any of the employees in the bargaining unit, an employee organization may, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at an earlier time, apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit.

Where an application for certification of an employee organization as bargaining agent for a proposed bargaining unit has been refused by the Board, the Board shall not certify the employee organization as bargaining agent for the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the Board last refused certification, unless the Board is satisfied that the previous application was refused by reason only of a technical error or omission made in connection therewith.

Where an employee organization has made application to the Board for certification as described in section 18, the Board shall determine the relevant group of employees that constitutes a unit appropriate for collective bargaining.

In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board shall take into account, having regard to the proper functioning of this Part, the duties and classification of the employees in the proposed bargaining unit in relation to any plan of classification as it may apply to the employees in the proposed bargaining unit.

For the purposes of this Part, a unit of employees may be determined by the Board to constitute a unit appropriate for collective bargaining whether or not its composition is identical with the group of employees in respect of which application for certification was made.

Where, at any time following the determination by the Board of a group of employees to constitute a unit appropriate for collective bargaining, any question arises as to whether any employee or class of employees is or is not included therein or is included in any other unit, the Board shall, on application by the employer or any employee organization affected, determine the question.

The Board shall, subject to this Part, certify an employee organization as bargaining agent for the employees in a bargaining unit if the Board

has received from the employee organization an application for certification as the bargaining agent for the bargaining unit in accordance with this Part;

has determined the group of employees that constitutes a unit appropriate for collective bargaining in accordance with section 23;

is satisfied that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent; and

is satisfied that the persons representing the employee organization in the making of the application have been duly authorized to make the application.

For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in paragraphs (c) and (d) of that section, the Board may

examine, in accordance with any regulations that may be made by the Board in that behalf, such evidence as is submitted to it respecting membership of the employees in the proposed bargaining unit in the employee organization seeking certification;

make or cause to be made such examination of records or make such inquiries as it deems necessary; and

examine documents forming or relating to the constitution or articles of association of the employee organization seeking certification.

For the purpose of satisfying itself under paragraph 25(c) that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent, the Board, in its sole discretion, may direct that a representation vote be taken among the employees in the bargaining unit.

If, under subsection (2), the Board directs that a representation vote be taken, the Board shall

determine the employees that are eligible to vote; and

make such arrangements and give such directions as it deems requisite for the proper conduct of the representation vote including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes.

[Repealed, 1993, c. 34, s. 100]

The Board shall not certify as bargaining agent for a bargaining unit any employee organization in the formation or administration of which there has been or is, in the opinion of the Board, participation by the employer affected or any person acting on behalf of the employer of such a nature as to impair its fitness to represent the interests of employees in the bargaining unit.

The Board shall not certify as bargaining agent for a bargaining unit any employee organization that any money for activities carried on by or on behalf of any political party.

receives from any of its members who are employees,

handles or pays in its own name on behalf of members who are employees, or

requires as a condition of membership therein the payment by any of its members of

The Board shall not certify as bargaining agent for a bargaining unit any employee organization that discriminates against any employee because of sex, race, national origin, colour or religion.

Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit, the employee organization has the exclusive right under this Part

to bargain collectively on behalf of employees in the bargaining unit and to bind them by a collective agreement until its certification in respect of the bargaining unit is revoked; and

to represent, in accordance with this Part, an employee in the presentation or reference to adjudication of a grievance relating to the interpretation or application of a collective agreement or arbitral award applying to the bargaining unit to which the employee belongs.

Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit and another employee organization had been previously certified as bargaining agent in respect of employees in the bargaining unit, the certification of the previously certified bargaining agent is thereupon revoked in respect of those employees.

Where an employee organization is certified under this Part as the bargaining agent for a bargaining unit and at the time of certification, a collective agreement or arbitral award binding on the employees in the bargaining unit is in force, the employee organization

shall be substituted as a party to the agreement or award in place of the bargaining agent that had been a party thereto; and

may, notwithstanding anything contained in the agreement or award, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, on two months notice to the employer affected given within one month from the certification.

In any case where subsection (2) or (3) applies, any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of that subsection shall, on application by the employer affected or the previous or the new bargaining agent, be determined by the Board.

If a collective agreement or an arbitral award is in force in respect of a bargaining unit, any person claiming to represent a majority of the employees in the bargaining unit may, in accordance with subsection (2), apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees in the bargaining unit.

An application under subsection (1) may be made

where the collective agreement or arbitral award is for a term of not more than two years, only after the commencement of the last two months of its operation;

where the collective agreement or arbitral award is for a term of more than two years, only after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation, during the two month period immediately preceding the end of each year that it continues to operate after the second year of its operation, or after the commencement of the last two months of its operation, as the case may be; and

where the collective agreement provides that it will continue to operate after the term specified therein for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or with a view to the making of a new collective agreement, at any time permitted by paragraph (a) or (b), as the case may be, or during the two month period immediately preceding the end of each year that the agreement continues to operate after the term specified therein.

If no collective agreement or arbitral award is in force in respect of a bargaining unit, any person claiming to represent a majority of the employees in the bargaining unit may, at any time after the 12-month period following the date of certification of the bargaining agent for that bargaining unit, apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees in the bargaining unit.

On an application under subsection (1) or (3), the Board in its sole discretion may direct the taking of a representation vote to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit, and in relation to the taking of such a vote the provisions of subsection 26(3) apply.

After hearing any application under subsection (1) or (3), the Board shall revoke the certification of an employee organization as bargaining agent for a bargaining unit if the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization.

The Board shall revoke the certification of a bargaining agent where the bargaining agent advises the Board that it wishes to give up or abandon its certification or where the Board, on application by the employer or any employee affected, determines that the bargaining agent has ceased to act as bargaining agent.

Where the Board, on application to it by the employer or employee, determines that a bargaining agent would not, if it were an employee organization applying for certification, be certified by the Board by reason of a prohibition contained in section 27, the Board shall revoke the certification of the bargaining agent.

Where at any time the Board is satisfied that an employee organization has obtained certification as bargaining agent for a bargaining unit by fraud, the Board shall revoke the certification of the employee organization.

An employee organization the certification of which is revoked pursuant to subsection (1) is not entitled to claim any right or privilege flowing from that certification, and any collective agreement or arbitral award applying to the bargaining unit for which it was certified, to which the employee organization was a party, is void.

Where an employee organization that is a council of employee organizations has been certified as bargaining agent for a bargaining unit, the Board, on application to it by the employer affected or an employee organization that forms or has formed part of the council, shall revoke the certification of the council where it determines that the council no longer meets the additional requirements for certification required for a council of employee organizations by subsection 19(2) by reason of an alteration in the constituent membership of the council or any other circumstance.

The circumstances set out in subsection (1) shall be in addition to the circumstances in which, pursuant to section 29, 30 or 31, the certification of a bargaining agent may be revoked.

Where, at the time the certification of a bargaining agent for a bargaining unit is revoked, a collective agreement or arbitral award binding on the employees in that bargaining unit is in force, the agreement or award shall thereupon cease to be in effect, except where another employee organization is substituted as a party to the agreement or award on the revocation of that certification.

Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30 or 32, any question as to any right or duty of that bargaining agent or of any new bargaining agent replacing it shall, on application by either organization, be determined by the Board.

Where the certification of a bargaining agent for a bargaining unit is revoked by the Board pursuant to section 29, 30, 31 or 32 and as a result thereof a collective agreement or arbitral award binding on the employees in the bargaining unit ceases to be in effect or a collective agreement or arbitral award applying to the bargaining unit is void, the Board shall, on application to it by or on behalf of any employee and in accordance with any regulations made by it in respect thereof, direct the manner in which any right acquired by, or determined by the Board to have accrued to, an employee that is affected by the revocation is to be recognized and given effect to.

Where, on a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations otherwise than as a result of revocation of certification, any question arises concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement or arbitral award in respect of a bargaining unit or an employee therein, the Board, on application to it by any employee organization affected, shall examine the question and may, in accordance with any regulations made by it in respect thereof, declare or determine what rights, privileges and duties, if any, have been acquired or are retained, as the case may be, by that employee organization.