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