Federal Public Sector Labour Relations Act

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Sections1,342

• 1Short title

  This Act may be cited as the Federal Public Sector Labour Relations Act.

• 2Definitions
• 2(1)

  The following definitions apply in this Act.

• 2(1)[p3]

  adjudicator means a person or board of adjudication to whom a grievance is referred under paragraph 223(2)(a), (b) or (c). (arbitre de grief)

• 2(1)[p4]

  arbitral award means an award made by an arbitration board in respect of a dispute. (décision arbitrale)

• 2(1)[p5]

  arbitration board means a board established under Division 9 of Part 1. (conseil d’arbitrage)

• 2(1)[p6]

  bargaining agent means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit. (agent négociateur)

• 2(1)[p7]

  bargaining unit means a group of two or more employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining. (unité de négociation)

• 2(1)[p8]

  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)

• 2(1)[p9]

  Chairperson means the Chairperson of the Board. (président)

• 2(1)[p10]

  collective agreement means an agreement in writing, entered into under Part 1 between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. (convention collective)

• 2(1)[p11]

  core public administration has the same meaning as in subsection 11(1) of the Financial Administration Act. (administration publique centrale)

• 2(1)[p12]

  council of employee organizations means a council formed by two or more employee organizations within the meaning of paragraph (a) of the definition employee organization or by two or more employee organizations within the meaning of paragraph (b) of that definition. (regroupement d’organisations syndicales)

• 2(1)[p13]

  deputy head means a deputy head referred to in any of paragraphs (a) to (c) of the definition deputy head in subsection 11(1) of the Financial Administration Act. (administrateur général)

• 2(1)[p14]

  dispute means a dispute or difference that arises in connection with the entering into, renewal or revision of a collective agreement and in respect of which arbitration may be requested under subsection 136(1) or conciliation may be requested under subsection 161(1). (différend)

• 2(1)[p15]

  employee, except in Part 2, means a person employed in the public service, other than

• 2(1)[p15](a)

  a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act;

• 2(1)[p15](b)

  a person locally engaged outside Canada;

• 2(1)[p15](c)

  a person not ordinarily required to work more than one third of the normal period for persons doing similar work;

• 2(1)[p15](d)

  a person who is an officer as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

• 2(1)[p15](e)

  a person employed in the Canadian Security Intelligence Service who does not perform duties of a clerical or secretarial nature;

• 2(1)[p15](f)

  a person employed on a casual basis;

• 2(1)[p15](g)

  a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more;

• 2(1)[p15](h)

  an employee of the Administrative Tribunals Support Service of Canada who provides any of the following services exclusively to the Board:

• 2(1)[p15](h)(i)

  mediation and dispute resolution services,

• 2(1)[p15](h)(ii)

  legal services,

• 2(1)[p15](h)(iii)

  advisory services relating to the Board’s exercise of its powers and performance of its duties and functions;

• 2(1)[p15](i)

  a person who occupies a managerial or confidential position; or

• 2(1)[p15](j)

  a person who is employed under a program designated by the employer as a student employment program. (fonctionnaire)

• 2(1)[p29]

  employee organization means

• 2(1)[p29](a)

  in respect of employees who are not RCMP members or reservists, an organization of employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2; and

• 2(1)[p29](b)

  in respect of employees who are RCMP members or reservists, an organization of those employees that has as one of its purposes the regulation of relations between the employer and its employees for the purposes of Parts 1, 2 and 2.1. (organisation syndicale)

• 2(1)[p32]

  employer means Her Majesty in right of Canada as represented by

• 2(1)[p32](a)

  the Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; and

• 2(1)[p32](b)

  the separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act. (employeur)

• 2(1)[p35]

  managerial or confidential position means a position declared to be a managerial or confidential position by an order made by the Board under subsection 62(1), section 63, subsection 74(1) or section 75. (poste de direction ou de confiance)

• 2(1)[p36]

  member means a member of the Board, whether full-time or part-time. (commissaire)

• 2(1)[p37]

  membership dues, in respect of employees represented by a bargaining agent, means the amount that the employer is required to deduct from the pay of the employees and remit to the bargaining agent under any collective agreement that is entered into between the employer and the bargaining agent. (cotisations syndicales)

• 2(1)[p38]

  Minister means the member of the Queen’s Privy Council for Canada, other than a member of the Treasury Board, designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)

• 2(1)[p39]

  National Joint Council means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. (Conseil national mixte)

• 2(1)[p40]

  public service, except in Part 3, means the several positions in or under

• 2(1)[p40](a)

  the departments named in Schedule I to the Financial Administration Act;

• 2(1)[p40](b)

  the other portions of the federal public administration named in Schedule IV to that Act; and

• 2(1)[p40](c)

  the separate agencies named in Schedule V to that Act. (fonction publique)

• 2(1)[p44]

  RCMP member, except in Division 2 of Part 2.1, means a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act who is appointed to a rank. (membre de la GRC)

• 2(1)[p45]

  reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste)

• 2(1)[p46]

  separate agency has the same meaning as in subsection 11(1) of the Financial Administration Act. (organisme distinct)

• 2(1)[p47]

  strike includes a cessation of work or a refusal to work or to continue to work by persons employed in the public service, in combination, in concert or in accordance with a common understanding, and a slow-down of work or any other concerted activity on the part of such persons that is designed to restrict or limit output. (grève)

• 2(1)[p48]

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

• 2(2)Employment status preserved

  A person does not cease to be employed in the public service by reason only that the person ceases to work as a result of a strike or by reason only of the termination of the person’s employment contrary to this Act or any other Act of Parliament.

• 2(3)Persons who are not employees

  For greater certainty, a person is not an employee if

• 2(3)(a)

  the person is engaged under section 30 of the Federal Public Sector Labour Relations and Employment Board Act; or

• 2(3)(b)

  the person’s compensation for the performance of the regular duties of the person’s position or office consists of fees of office or is related to the revenue of the office in which the person is employed.

• 2(4)Casual employment

  For the purposes of paragraph (f) of the definition employee in subsection (1) and paragraph (e) of the definition employee in subsection 206(1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act.

• 2(5)References to occupants of positions

  Every reference to a person who occupies a position, or to the occupant of a position, includes a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position, and a reference to a person’s position includes the position of a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position.

• 2(6)Reference to employee organization

  Unless the context otherwise requires, a reference to an employee organization includes a reference to a council of employee organizations, and a reference to an employee organization within the meaning of paragraph (a) or (b), as the case may be, of the definition employee organization in subsection 2(1) includes a reference to a council formed by two or more employee organizations within the meaning of that paragraph.

• 3Descriptive cross- references

  If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of that other provision, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only.

• 4Definitions
• 4(1)

  The following definitions apply in this Part.

• 4(1)[p59]

  essential service means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public. (services essentiels)

• 4(1)[p60]

  essential services agreement means an agreement between the employer and the bargaining agent for a bargaining unit that identifies

• 4(1)[p60](a)

  the types of positions in the bargaining unit that are necessary for the employer to provide essential services;

• 4(1)[p60](b)

  the number of those positions that are necessary for that purpose; and

• 4(1)[p60](c)

  the specific positions that are necessary for that purpose. (entente sur les services essentiels)

• 4(1)[p64]

  mediator means a person appointed as a mediator under subsection 108(1). (médiateur)

• 4(1)[p65]Repealed

  National Joint Council[Repealed, 2017, c. 9, s. 4]

• 4(1)[p66]

  parties, in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent. (parties)

• 4(1)[p67]

  public interest commission means a commission established under Division 10. (commission de l’intérêt public)

• 4(2)When position is necessary

  A position that is necessary for the employer to provide essential services for the purposes of paragraph (a) of the definition essential services agreement in subsection (1) includes a position the occupant of which is required, at any time,

• 4(2)(a)

  to perform the duties of the position that relate to the provision of essential services; or

• 4(2)(b)

  to be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer.

• 5Employee freedoms

  Every employee is free to join the employee organization of his or her choice and to participate in its lawful activities.

• 6Right of Treasury Board preserved

  Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board under paragraph 7(1)(b) of the Financial Administration Act.

• 7Right of employer preserved

  Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board or a separate agency to determine the organization of those portions of the federal public administration for which it represents Her Majesty in right of Canada as employer or to assign duties to and to classify positions and persons employed in those portions of the federal public administration.

• 7.1Right of Commissioner of Royal Canadian Mounted Police preserved

  Nothing in this Act is to be construed as affecting the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective.

• 8Consultation committee

  Each deputy head must, in consultation with the bargaining agents representing employees in the portion of the federal public administration for which he or she is deputy head, establish a consultation committee consisting of representatives of the deputy head and the bargaining agents for the purpose of exchanging information and obtaining views and advice on issues relating to the workplace that affect those employees, which issues may include, among other things,

• 8(a)

  harassment in the workplace; and

• 8(b)

  the disclosure of information concerning wrongdoing in the public service and the protection from reprisal of employees who disclose such information.

• 9Meaning of co-development of workplace improvements

  For the purpose of this Division, co-development of workplace improvements means the consultation between the parties on workplace issues and their participation in the identification of workplace problems and the development and analysis of solutions to those problems with a view to adopting mutually agreed to solutions.

• 10Co-development of workplace improvements

  The employer and a bargaining agent, or a deputy head and a bargaining agent, may engage in co-development of workplace improvements.

• 11National Joint Council
• 11(1)

  Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on.

• 11(2)Facilities and administrative support

  The Chief Administrator of the Administrative Tribunals Support Service of Canada is to provide facilities and administrative support to the National Joint Council.

• 12Administration of Act

  The Board administers this Act and it may exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, with regulations made under it or with decisions made in respect of a matter coming before the Board.

• 13Adjudication services

  The Board is to provide adjudication services that consist of the hearing of applications and complaints made under this Part and Division 1 of Part 2.1, the referral of grievances to adjudication in accordance with Part 2 and Division 2 of Part 2.1 and the hearing of matters brought before the Board under Part 3.

• 14Mediation services

  The Board is to provide mediation services that consist of

• 14(a)

  assisting parties in the negotiation of collective agreements and their renewal;

• 14(b)

  assisting parties in the management of the relations resulting from the implementation of collective agreements;

• 14(c)

  mediating in relation to grievances; and

• 14(d)

  assisting the Chairperson in discharging his or her responsibilities under this Act.

• 15Repealed

  [Repealed, 2014, c. 20, s. 481]

• 16Powers

  The Board has, in relation to any matter before it, the power to

• 16(a)

  examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council;

• 16(b)

  examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council;

• 16(c)

  require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees;

• 16(d)

  subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it;

• 16(e)

  subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and

• 16(f)

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

• 17Repealed

  [Repealed, 2013, c. 40, s. 367]

• 18Repealed

  [Repealed, 2013, c. 40, s. 367]

• 19Repealed

  [Repealed, 2013, c. 40, s. 367]

• 20Repealed

  [Repealed, 2013, c. 40, s. 367]

• 21Repealed

  [Repealed, 2013, c. 40, s. 367]

• 22Repealed

  [Repealed, 2013, c. 40, s. 367]

• 23Repealed

  [Repealed, 2013, c. 40, s. 367]

• 24Repealed

  [Repealed, 2013, c. 40, s. 367]

• 25Repealed

  [Repealed, 2013, c. 40, s. 367]

• 26Repealed

  [Repealed, 2013, c. 40, s. 367]

• 27Repealed

  [Repealed, 2013, c. 40, s. 367]

• 28Repealed

  [Repealed, 2013, c. 40, s. 367]

• 29Repealed

  [Repealed, 2013, c. 40, s. 367]

• 30Repealed

  [Repealed, 2013, c. 40, s. 367]

• 31Repealed

  [Repealed, 2013, c. 40, s. 367]

• 32Repealed

  [Repealed, 2013, c. 40, s. 367]

• 33Repealed

  [Repealed, 2013, c. 40, s. 367]

• 34Repealed

  [Repealed, 2013, c. 40, s. 367]

• 35Repealed

  [Repealed, 2013, c. 40, s. 367]

• 36Repealed

  [Repealed, 2013, c. 40, s. 367]

• 37Repealed

  [Repealed, 2013, c. 40, s. 367]

• 38Repealed

  [Repealed, 2013, c. 40, s. 367]

• 39Authority to make regulations

  The Board may make regulations concerning

• 39(a)

  the certification of bargaining agents for bargaining units;

• 39(b)

  the determination of units appropriate for collective bargaining;

• 39(c)

  the time and manner of making applications under section 59, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications;

• 39(d)

  the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1)(c);

• 39(e)

  the manner of making applications under sections 71 and 77, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 71;

• 39(f)

  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 a bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations;

• 39(g)

  the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation;

• 39(h)

  the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications;

• 39(i) to (k)Repealed

  [Repealed, 2013, c. 40, s. 368]

• 39(l)

  the circumstances in which the following evidence may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received:

• 39(l)(i)

  evidence as to membership of employees in an employee organization,

• 39(l)(ii)

  evidence of objection by employees to certification of an employee organization, and

• 39(l)(iii)

  evidence of signification by employees that they no longer wish to be represented by an employee organization; and

• 39(m)

  any other matter that is incidental or conducive to the attainment of the objects of this Part or Division 1 of Part 2.1.

• 40Repealed

  [Repealed, 2013, c. 40, s. 369]

• 41Repealed

  [Repealed, 2013, c. 40, s. 369]

• 42Scope of orders

  In making an order or a decision, or doing any other thing in relation to any person under this Act, the Board may do so either generally or in any particular case or class of cases.

• 43Review of orders and decisions
• 43(1)

  Subject to subsection (2), the Board may review, rescind or amend any of its orders or decisions, or may re-hear any application before making an order in respect of the application.

• 43(2)Exception

  A right that is acquired by virtue of an order or a decision that is reviewed, rescinded or amended by the Board may not be altered or extinguished with effect from a day that is earlier than the day on which the review, rescission or amendment is made.

• 44Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 45Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 46Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 47Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 48Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 49Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 50Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 51Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 52Repealed

  [Repealed, 2013, c. 40, s. 370, as amended by 2013, c. 40, s. 467]

• 53Repealed

  [Repealed, 2013, c. 40, s. 298]

• 54Right to apply

  Subject to section 55, an employee organization within the meaning of paragraph (a) of the definition employee organization in subsection 2(1) that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit that is appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay.

• 55Agreements for term of two years or less
• 55(1)

  If a collective agreement, or an arbitral award, with a term of two years or less applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only after the commencement of the last two months of its term.

• 55(2)Agreements for term of more than two years

  If a collective agreement, or an arbitral award, with a term of more than two years applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only

• 55(2)(a)

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

• 55(2)(b)

  during the two-month period immediately before the end of each year that the agreement or award continues to be in force after the second year of its term; or

• 55(2)(c)

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

• 55(3)Agreements for an indefinite term

  If a collective agreement that applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent provides that it will continue to operate after the term specified in it for a further term or successive terms if either party fails to give to the other a notice of termination or a notice of its desire to bargain with a view to the renewal of the collective agreement, with or without modifications, the application for certification may be made

• 55(3)(a)

  at any time permitted by subsection (1) or (2), as the case may be; or

• 55(3)(b)

  during the two-month period immediately before the end of each year that the collective agreement continues to operate after the term specified in the collective agreement.

• 56Continuation of terms and conditions

  After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer is not authorized, except under a collective agreement or with the consent of the Board, to alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until

• 56(a)

  the application has been withdrawn by the employee organization or dismissed by the Board; or

• 56(b)

  30 days have elapsed after the day on which the Board certifies the employee organization as the bargaining agent for the unit.

• 57Determination of unit
• 57(1)

  When an application for certification is made under section 54, the Board must determine the group of employees that constitutes a unit appropriate for collective bargaining.

• 57(2)Consideration of employer’s classification

  In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer.

• 57(3)Unit co-extensive with occupational groups

  The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.

• 57(4)Composition of 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 the application for certification was made.

• 58Determination of questions of membership in bargaining units

  On application by the employer or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board to constitute a unit appropriate for collective bargaining, or is included in any other unit.

• 59Application
• 59(1)

  After being notified of an application for certification made in accordance with this Part or Division 1 of Part 2.1, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that

• 59(1)(a)

  the position is confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, or a deputy head;

• 59(1)(b)

  the position is classified by the employer as being in the executive group, by whatever name called;

• 59(1)(c)

  the occupant of the position provides advice on labour relations, staffing or classification;

• 59(1)(d)

  the occupant of the position has substantial duties and responsibilities in the formulation and determination of any policy or program of the Government of Canada;

• 59(1)(e)

  the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2 or Division 2 of Part 2.1;

• 59(1)(f)

  the occupant of the position is directly involved in the process of collective bargaining on behalf of the employer;

• 59(1)(g)

  the occupant of the position has duties and responsibilities not otherwise described in this subsection and should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer; or

• 59(1)(h)

  the occupant of the position has, in relation to labour relations matters, duties and responsibilities confidential to the occupant of a position described in paragraph (b), (c), (d) or (f).

• 59(2)Content of application

  The application must set out every position that the employer considers to be a position referred to in any of paragraphs (1)(a) to (h).

• 60Copy to employee organization

  The employer must provide the employee organization seeking to be certified with a copy of the application.

• 61Objection

  If the employee organization considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board.

• 62Decision on objection
• 62(1)

  If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the employee organization an opportunity to make representations, determine whether the position is a position referred to in any of paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position.

• 62(2)Burden of proof on employee organization

  The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the employee organization.

• 62(3)Burden of proof on employer

  The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer.

• 63When no objection filed

  If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position.

• 64Conditions for certification
• 64(1)

  After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if the Board is satisfied

• 64(1)(a)

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

• 64(1)(b)

  that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and

• 64(1)(c)

  if the applicant is a council of employee organizations, 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.

• 64(1.1)Repealed

  [Repealed, 2017, c. 12, s. 8]

• 64(2)Where previous application denied within six months

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

• 64(3)Membership in council of employee organizations

  For the purpose of paragraph (1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council.

• 65Representation vote
• 65(1)

  The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent.

• 65(2)Arrangements for vote

  When the Board orders that a representation vote be taken, it must

• 65(2)(a)

  determine the employees who are eligible to vote; and