DIVISION 1

EMPLOYEE FREEDOMS

Employee freedoms

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

DIVISION 2

MANAGEMENT RIGHTS

Right of Treasury Board preserved

6. 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.

Right of employer preserved

7. 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.

DIVISION 3

CONSULTATION COMMITTEES AND CO-DEVELOPMENT

Consultation committee

8. 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,

    (a) harassment in the workplace; and

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

Meaning of ``co-develop ment of workplace improvements ''

9. 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.

Co-developm ent of workplace improvements

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

National Joint Council

11. 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.

DIVISION 4

PUBLIC SERVICE LABOUR RELATIONS BOARD

Establishment and Composition

Board established

12. A Board is established, to be called the Public Service Labour Relations Board, consisting of a Chairperson, up to three Vice-Chairpersons and any other members that the Governor in Council may appoint.

Mandate

Mandate

13. The Board's mandate is to provide adjudication services, mediation services and compensation analysis and research services in accordance with this Act.

Adjudication services

14. The adjudication services to be provided by the Board consist of the hearing of applications and complaints made under this Part, the referral of grievances to adjudication in accordance with Part 2 and the hearing of matters brought before the Board under Part 3.

Mediation services

15. The mediation services to be provided by the Board consist of

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

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

    (c) mediating in relation to grievances; and

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

Compensation analysis and research services

16. (1) The compensation analysis and research services to be provided by the Board include conducting compensation surveys, compiling information relating to compensation, analyzing that information and making it, and the analysis, available to the parties and to the public, and conducting any research relating to compensation that the Chairperson may direct.

Restriction on disclosure

(2) In making information or analysis available under subsection (1), no member and no person employed by or acting under the direction of the Board shall disclose or knowingly cause to be disclosed, by any means, any information that makes it possible to relate the information or analysis to any identifiable individual person, business or organization.

Exception

(3) Subsection (2) does not apply if the person, business or organization concerned has consented in writing to the information being disclosed.

National Joint Council

17. The Board's mandate includes the provision of facilities and administrative support to the National Joint Council.

Appointment of Members

Qualifications

18. (1) To be eligible to hold office as a member, a person must

    (a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

    (b) not hold any other office or employment under the employer;

    (c) not be a member of or hold an office or employment under an employee organization certified as a bargaining agent;

    (d) not carry on any activity inconsistent with the person's functions; and

    (e) have knowledge of or experience in labour relations.

Exception

(2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Yukon Territory or the Northwest Territories or the Legislature for Nunavut with powers and functions similar to those of the Board.

Appointments of other members from list

19. (1) Every member, other than the Chairperson or a Vice-Chairperson, must be appointed from among eligible persons whose names are included on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.

Contents

(2) The Chairperson must set out on the list

    (a) the names of all eligible persons recommended by the employer;

    (b) the names of all eligible persons recommended by the bargaining agents; and

    (c) the names of any other eligible persons whom the Chairperson considers suitable for appointment.

Equal numbers

(3) The appointment of members, other than the Chairperson and the Vice-Chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.

Non-represent ative Board

(4) Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in respect of all powers and functions under this Act.

Full or part-time members

20. The Chairperson and the Vice-Chairpersons are each full-time members and the other members may be appointed as full-time or part-time members.

Residence of full-time members

21. The full-time members must reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.

Tenure

22. (1) Each member is to be appointed to hold office during good behaviour and may be removed by the Governor in Council for cause.

Term of office

(2) A member may be appointed for a term of office that is not more than five years.

Reappointmen t

(3) A member is eligible for reappointment on the expiry of any term of office.

Completion of duties

(4) A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any functions or responsibilities that the person would otherwise have had in connection with any matter that came before the Board while the person was still a member and in respect of which there was any proceeding in which the person participated as a member. For that purpose, the person is deemed to be a part-time member.

Remuneration

Remuneration

23. Every member and former member referred to in subsection 22(4)

    (a) is to be paid the remuneration that may be determined by the Governor in Council; and

    (b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.

Application of Acts

Application of Public Service Superannuati on Act

24. A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Application of other Acts

25. Members are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.

Head Office and Meetings

Head office

26. The head office of the Board is to be in the National Capital Region described in the schedule to the National Capital Act.

Time and place of meetings

27. (1) Meetings of the Board may be held at any date, time and place that the Chairperson considers appropriate for the proper conduct of the Board's business.

Off-site participation

(2) A meeting of the Board may be held by any means of telecommunication that permits all persons participating in the meeting to communicate adequately with each other during the meeting. A person participating by such means is deemed to be present at the meeting.

Quorum

28. The Chairperson, one Vice-Chairperson and a majority of the other full-time members of the Board constitute a quorum at a meeting of the Board.

Attendance of part-time members at meetings

29. A part-time member is not entitled to attend a meeting of the Board, but may attend at the invitation of the Chairperson.

Decision of majority

30. A decision of a majority of the Board's members who are present at a Board meeting is a decision of the Board.

Panels

Composition

31. Proceedings brought before the Board under this Part are to be heard and determined by a panel of not less than three members, at least one of whom is the Chairperson or a Vice-Chairperson, or, if the Chairperson considers it appropriate in the circumstances, by a panel consisting of a single member.

Powers, rights and privileges

32. A panel has all the powers, rights and privileges of the Board with respect to any matter assigned to the panel under this Part.

Chairperson of the panel

33. The chairperson of a panel that consists of three or more members is the Chairperson or, if the Chairperson is not a member of the panel, a Vice-Chairperson designated by the Chairperson.

Death or incapacity of member

34. (1) In the event of the death or incapacity of a member of a panel consisting of three or more members, other than the death or incapacity of the chairperson, the chairperson may determine any matter that was before the panel and the chairperson's decision is deemed to be the decision of the panel.

Death or incapacity of chairperson

(2) In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of a single member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.

Decision of panel

35. (1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority of the members of the panel, the decision of the chairperson of the panel is the decision of the panel.

Decision of Board

(2) A decision of a panel is a decision of the Board.

Powers and Functions of the Board

Powers and functions of the Board

36. The Board administers this Act and it may exercise the powers and perform the 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, regulations made under it or decisions made in respect of a matter coming before the Board.

Provision of assistance to parties

37. The Board, or any member or employee of the Board designated by the Board, may, if the parties agree, assist the parties in resolving any issue in dispute at any stage of a proceeding by any means that the Board considers appropriate, without prejudice to its power to determine issues that have not been settled.

Delegation by Board

38. The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations.

Authority to make regulations

39. The Board may make regulations concerning

    (a) the certification of bargaining agents for bargaining units;

    (b) the determination of units appropriate for collective bargaining;

    (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;

    (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);

    (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;

    (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;

    (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;

    (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;

    (i) the procedure for hearings;