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Bill C-25

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Inquiry and votes

90. Before making an order under subsection 84(1) or paragraph 89(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order. The provisions of subsection 65(2) apply in relation to the taking of a vote.

Consideration of employer's classification

91. (1) For the purposes of paragraphs 84(1)(a) and 89(a), 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.

Unit co-extensive with occupational groups

(2) 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.

Determination of questions of membership in bargaining units

92. On application by the new separate agency 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 under paragraph 84(1)(a) or 89(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit.

Employer participation

93. (1) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it is of the opinion that the new separate agency, or a person acting on behalf of the new separate agency, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit.

Discriminatio n

(2) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

Revocation of Certification

When employee organization no longer represents employees

94. (1) Any person claiming to represent a majority of the employees in a bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit.

When application may be made

(2) The application may be made only during the period in which an application for certification of an employee organization may be made under section 55 in respect of employees in the bargaining unit.

Taking of representation vote

95. After the application is made, the Board may order that a representation vote be taken in order 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. The provisions of subsection 65(2) apply in relation to the taking of the vote.

Revocation of certification

96. If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

Certification obtained by fraud

97. The Board must revoke the certification of an employee organization if the Board is satisfied that it was obtained by fraud.

Employer participation or discrimination

98. The Board must revoke the certification of an employee organization as the bargaining agent for a bargaining unit if the Board, on application by the employer or any employee, determines that

    (a) the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit; or

    (b) the employee organization discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

Abandonment of certification

99. The Board must revoke the certification of an employee organization if the employee organization advises the Board that it wishes to give up or abandon its certification or if the Board, on application by the employer or any employee, determines that the employee organization has ceased to act as bargaining agent.

Council of employee organizations

100. (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1)(c) for a council of employee organizations.

Subsection (1) in addition to other circumstances

(2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99.

Effect of revocation

101. (1) Revocation of the certification of an employee organization certified as the bargaining agent for a bargaining unit has the following effects:

    (a) subject to paragraph 67(c), any collective agreement or arbitral award that is binding on the employees in the bargaining unit ceases to be in force;

    (b) subject to subsection (2), any rights or privileges flowing from the certification are terminated; and

    (c) subject to paragraph 67(e), any essential services agreement that is in force in respect of positions in the bargaining unit ceases to be in force.

Determination of rights of bargaining agent

(2) If the certification of an employee organization is revoked by the Board under section 96 or any of sections 98 to 100, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization.

Direction

102. If a collective agreement or arbitral award ceases to be in force as a result of the revocation of an employee organization's certification as the bargaining agent for a bargaining unit, the Board must, on application by or on behalf of any employee in the bargaining unit, by order, direct the manner in which any right of the employee is to be recognized and given effect.

DIVISION 6

CHOICE OF PROCESS FOR DISPUTE RESOLUTION

Choice of process

103. (1) A bargaining agent for a bargaining unit must notify the Board, in accordance with the regulations, of the process it has chosen - either arbitration or conciliation - to be the process for the resolution of disputes to which it may be a party.

Recording of process

(2) The Board must record the process chosen by the bargaining agent for the resolution of disputes.

Period during which process to apply

(3) The process recorded by the Board applies to the bargaining unit for the resolution of all disputes from the day on which a notice to bargain collectively in respect of the bargaining unit is given after the process is chosen, and it applies until the process is changed in accordance with section 104.

Change of process

104. (1) A bargaining agent for a bargaining unit that wishes to change the process for the resolution of a dispute that is applicable to the bargaining unit may apply to the Board, in accordance with the regulations, to record the change.

Recording of change

(2) On receiving the application, the Board must record the change of process.

Effective date and duration

(3) A change in the process for the resolution of a dispute becomes effective on the day that a notice to bargain collectively is given after the change is recorded and remains in force until the process is changed in accordance with this section.

DIVISION 7

COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS

Negotiation of Collective Agreements

Notice to Bargain Collectively

Notice to bargain collectively

105. (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit and the process for the resolution of a dispute applicable to that bargaining unit has been recorded by the Board, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement.

When notice may be given

(2) The notice to bargain collectively may be given

    (a) at any time, if no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part; or

    (b) if a collective agreement or arbitral award is in force, within the three months before it ceases to be in force.

Copy of notice to Board

(3) A party that has given a notice to bargain collectively to another party must send a copy of the notice to the Board.

Effect of Notice

Duty to bargain in good faith

106. After the notice to bargain collectively is given, the bargaining agent and the employer must, without delay, and in any case within 20 days after the notice is given unless the parties otherwise agree,

    (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and

    (b) make every reasonable effort to enter into a collective agreement.

Duty to observe terms and conditions

107. Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or

    (a) if the process for the resolution of a dispute is arbitration, an arbitral award is rendered; or

    (b) if the process for the resolution of a dispute is conciliation, a strike could be declared or authorized without contravening subsection 194(1).

Mediation

Appointment of mediator

108. (1) The Chairperson may at any time, if requested to do so or on his or her own initiative, appoint a mediator to confer with the parties to a dispute and to endeavour to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact-finding, subject to any direction that the Chairperson may give.

Recommendat ions

(2) At the request of the parties or the Chairperson, the mediator may make recommendations for settlement of the dispute.

Collective Bargaining for Two or More Units

Negotiation of single collective agreement

109. (1) Despite any other provision of this Part, the employer and one or more bargaining agents may jointly elect to engage in collective bargaining with a view to entering into a single collective agreement binding on two or more bargaining units.

Election not changeable

(2) If made, the election may not be changed until the single collective agreement is entered into.

Two-tier Bargaining

Two-tier bargaining

110. (1) Subject to the other provisions of this Part, the employer, the bargaining agent for a bargaining unit and the deputy head for a particular department named in Schedule I to the Financial Administration Act or for another portion of the federal public administration named in Schedule IV to that Act may jointly elect to engage in collective bargaining respecting any terms and conditions of employment in respect of any employees in the bargaining unit who are employed in that department or other portion of the federal public administration.

More than one department or portion

(2) Collective bargaining under subsection (1) may relate to more than one department or other portion of the federal public administration if each of the deputy heads concerned elects to engage in the collective bargaining.

Duty to bargain in good faith

(3) The parties who elect to bargain collectively under subsection (1) must, without delay after the election,

    (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and

    (b) make every reasonable effort to reach agreement on the terms and conditions of employment in question.

Collective Agreements

Authority to Enter into Agreement

Authority of Treasury Board

111. The Treasury Board may, in the manner that may be provided for by any rules or procedures determined by it under section 5 of the Financial Administration Act, enter into a collective agreement with the bargaining agent for a bargaining unit, other than a bargaining unit composed of employees of a separate agency.

Authority of separate agency

112. A separate agency may, with the approval of the Governor in Council, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the separate agency.

Restriction on Content of Collective Agreement

Collective agreement not to require legislative implementatio n

113. A collective agreement may not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if

    (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; or

    (b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act.

Duration and Effect

Agreement is binding

114. Subject to, and for the purposes of, this Part, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 12 of the Financial Administration Act, the collective agreement is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit.

When agreement has effect

115. A collective agreement has effect in respect of a bargaining unit as of

    (a) the effective date specified in it; or

    (b) if no effective date is specified, the first day of the month after the month in which the agreement is signed.

Minimum duration

116. A collective agreement is deemed to have effect for one year, unless a longer period is specified in the collective agreement.

Duty to implement provisions of the collective agreement

117. Subject to the appropriation by or under the authority of Parliament of money that may be required by the employer, the parties must implement the provisions of a collective agreement

    (a) within the period specified in the collective agreement for that purpose; or

    (b) if no such period is specified in the collective agreement, within 90 days after the date it is signed or any longer period that the parties may agree to or that the Board, on application by either party, may set.

Amendments

Parties may amend

118. Nothing in this Part prohibits parties from amending any provision of a collective agreement, other than a provision relating to its term.