Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp.))

Marginal note:Binding effect of agreement

45 A collective agreement is, subject to and for the purposes of this Part, binding on the employer affected, on the bargaining agent that is a party thereto and its constituent elements, and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and after the day on and after which it has effect pursuant to subsection 44(1).

DIVISION IIIProvisions Applicable to Resolution of Disputes

Marginal note:Provisions applicable to resolution of dispute

46 Where an employer and the bargaining agent for a bargaining unit have bargained collectively in good faith with a view to concluding a collective agreement but have failed to reach agreement, sections 50 to 61 apply to the resolution of the dispute.

Arbitration

Marginal note:Board to appoint panels

• 47 (1) The Board shall appoint two panels, one panel to consist of at least three persons representative of the interests of the employers and the other to consist of at least three persons representative of the interests of employees.

• Marginal note:Tenure of members of panels

  (2) A member of a panel appointed by the Board under subsection (1) shall be appointed to hold office for such term as the Board considers appropriate.

• Marginal note:Eligibility

  (3) A person is not eligible to hold office as a member of a panel if the person is not eligible to be a member of the Board or, if the person is a member of the Board, unless the person is a member of the Board pursuant to a selection under section 48.

Marginal note:Board for arbitration

• 48 (1) In respect of each dispute referred to arbitration, the Board shall be deemed to consist, for the period of the arbitration proceedings and for the purposes of the arbitration only, of a member of the Board and two other persons, one each selected by the Board from each panel appointed under subsection 47(1).

• Marginal note:Deemed membership on Board during arbitration proceedings

  (2) A person selected by the Board from a panel under subsection (1) shall be deemed to be a member of the Board for the period of the arbitration proceedings in respect of which the person is selected.

• Marginal note:Qualifications to serve on Board for arbitration

  (3) No person shall act as a member of the Board in respect of a matter referred to arbitration if the person has at any time during the six months immediately preceding the day of the selection of that person under subsection (1) acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer affected or of any employee organization that has an interest in the matter referred to arbitration.

Marginal note:Chairperson may appoint outside arbitrator

• 49 (1) Notwithstanding anything in this Part, if the Chairperson considers it advisable to do so, the Chairperson may appoint an arbitrator in place of the Board in respect of any matters in dispute referred to arbitration under this Part.

• Marginal note:Eligibility

  (2) A person is not eligible to be appointed as an arbitrator under subsection (1) if the person

  • (a) is not eligible to be a member of the Board;

  • (b) is a member of the Board or member of a panel appointed by the Board under subsection 47(1); or

  • (c) is not eligible under subsection 48(3) to act as a member of the Board in respect of a matter referred to arbitration.

• Marginal note:Powers of arbitrator

  (3) An arbitrator appointed under this section has all the powers of the Board set out in paragraph 15(d) of this Act and paragraphs 20(d) and (e) of the Federal Public Sector Labour Relations and Employment Board Act.

• Marginal note:Sections 52 to 61 apply

  (4) Sections 52 to 61 apply, with such modifications as the circumstances require, in respect of matters in dispute referred to an arbitrator appointed under subsection (1).

Request for Arbitration

Marginal note:Request for arbitration

• 50 (1) If the parties to collective bargaining have bargained collectively in good faith with a view to concluding a collective agreement but have been unable to reach agreement on any term or condition of employment of employees in the relevant bargaining unit that may be embodied in an arbitral award, either party may, by notice in writing to the Board given in accordance with subsection (2), request arbitration in respect of that term or condition of employment.

• Marginal note:When notice may be given

  (2) The notice referred to in subsection (1) may be given

  • (a) at any time, where no collective agreement has been entered into by the parties and no request for arbitration has been made by either party since the commencement of the bargaining; or

  • (b) not later than seven days after any collective agreement is entered into by the parties, in any other case.

• Marginal note:Notice to be given

  (3) Where arbitration is requested by notice under subsection (1), the party making the request shall

  • (a) specify in the notice the terms and conditions of employment in respect of which it requests arbitration and its proposals concerning the award to be made by the Board in respect thereof; and

  • (b) annex to the notice a copy of any collective agreement entered into by the parties.

Marginal note:Request for arbitration by other party

• 51 (1) If notice under section 50 is received by the Board from any party requesting arbitration, the Chairperson shall as soon as feasible send a copy of the notice to the other party, who shall within seven days after receipt of it advise the Chairperson, by notice in writing, of any matter, additional to the matters specified in the notice under section 50, that was a subject of negotiation between the parties during the period before the arbitration was requested but on which the parties were unable to reach agreement and in respect of which, being a matter that may be embodied in an arbitral award, that other party requests arbitration.

• Marginal note:Notice to include proposal concerning award

  (2) Where arbitration in respect of any matter is requested by notice under subsection (1), the party making the request shall include in the notice its proposal concerning the award to be made by the Board in respect thereof.

Consideration of Dispute and Award

Marginal note:Matters constituting terms of reference

• 52 (1) Subject to section 55, the matters in dispute specified in the notice under section 50 and in any notice under section 51 constitute the terms of reference of the Board in relation to the request for arbitration and the Board shall, after considering the matters in dispute together with any other matter that the Board considers necessarily incidental to the resolution of the matters in dispute, render an arbitral award in respect thereof.

• Marginal note:Where agreement subsequently reached

  (2) Where, at any time before an arbitral award is rendered, the parties reach agreement on any matter in dispute referred to the Board under subsection (1) and enter into a collective agreement in respect thereof, the matters in dispute so referred to the Board shall be deemed not to include that matter and no arbitral award shall be rendered by the Board in respect thereof.

Marginal note:Factors to be taken into account by Board

53 In the conduct of proceedings before it and in rendering an arbitral award in respect of a matter in dispute, the Board shall consider

• (a) the needs of the employer affected for qualified employees,

• (b) the need to maintain appropriate relationships in the conditions of employment as between different grade levels within an occupation and as between occupations of employees,

• (c) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered, and

• (d) any other factor that to it appears to be relevant to the matter in dispute,

and, so far as consistent with the requirements of the employer, the Board shall give due regard to maintaining comparability of conditions of employment of employees with those that are applicable to persons in similar employment in the federal public administration.

53.1 [Repealed, 2003, c. 22, s. 186]

Marginal note:Parties to be heard

54 Subject to this Part, the Board shall, before rendering an arbitral award in respect of a matter in dispute, give full opportunity to both parties to present evidence and make submissions to it.

Arbitral Award Matters

Marginal note:Award not to require legislative implementation

• 55 (1) Subsection 43(2) applies, with such modifications as the circumstances require, in relation to an arbitral award.

• Marginal note:Matters not to be dealt with by award

  (2) No arbitral award shall deal with the standards, procedures or processes governing the appointment, appraisal, promotion, demotion, transfer, lay-off or release of employees, or with any term or condition of employment of employees that was not a subject of negotiation between the parties during the period before arbitration was requested in respect thereof.

• Marginal note:Award to be limited

  (3) An arbitral award shall deal only with terms and conditions of employment of employees in the bargaining unit in respect of which the request for arbitration was made.

Making of Arbitral Award

Marginal note:Award to be signed

• 56 (1) An arbitral award shall be signed by the member of the Board who is not a member selected from a panel appointed under section 47 and copies thereof shall be transmitted to the parties to the dispute and no report or observations thereon shall be made or given by either of the members selected from a panel appointed under section 47.

• Marginal note:Decision

  (2) Subject to subsection (3), a decision of the majority of the members of the Board in respect of the matters in dispute shall be the arbitral award in respect of the matters in dispute.

• Marginal note:Decision where majority cannot agree

  (3) Where the majority of the members of the Board in respect of the matters in dispute cannot agree on the terms of the arbitral award to be rendered in respect thereof, the decision of the member of the Board who is not a member selected from a panel appointed under section 47 shall be the arbitral award in respect of the matters in dispute.

• Marginal note:Form of award

  (4) An arbitral award shall, wherever possible, be made in such form

  • (a) as will be susceptible of being read and interpreted with, or annexed to and published with, any collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the arbitral award applies; and

  • (b) as will enable its incorporation into and implementation by regulations, by-laws, directives or other instruments that may be required to be made or issued by the employer or the relevant bargaining agent in respect thereof.

Duration and Operation of Arbitral Awards

Marginal note:Binding effect of arbitral award

• 57 (1) An arbitral award is, subject to and for the purposes of this Part, binding on the employer affected and the bargaining agent that is a party thereto and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and after the day on which the award is rendered or such later day as the Board may determine.

• Marginal note:Retroactive application

  (2) A provision of an arbitral award made in respect of a term or condition of employment may be retroactive to the extent that it is capable of being retroactively applied, in whole or in part, to a day prior to the day on and after which the arbitral award becomes binding on the parties but not before the day on which notice to bargain collectively was given by either party.

• Marginal note:Effect on previous collective agreement or award

  (3) Where, in relation to any or all of the provisions of an arbitral award made in respect of terms and conditions of employment, there was previously in effect a collective agreement or arbitral award, the previous collective agreement or the previous arbitral award is displaced, to the extent of any conflict, for the term, determined in accordance with section 58, for which the subsequent award is operative.

Marginal note:Term of arbitral award

• 58 (1) The Board shall, in respect of every arbitral award, determine and specify therein the term for which the arbitral award is to be operative and, in making its determination, it shall take into account

  • (a) where a collective agreement applicable to the bargaining unit is in effect or has been entered into but is not yet in effect, the term of that collective agreement; and

  • (b) where no collective agreement applying to the bargaining unit has been entered into,

    • (i) the term of any previous collective agreement that applied to the bargaining unit, or

    • (ii) the term of any other collective agreement that to the Board appears relevant.

• Marginal note:Limitation on term of award

  (2) No arbitral award, in the absence of the application thereto of any criterion referred to in paragraph (1)(a) or (b), shall be for a term of less than one year or more than two years from the day on and after which it becomes binding on the parties.

Implementation of Arbitral Awards

Marginal note:Implementation of awards

59 The terms and conditions of employment that are the subject of an arbitral award shall, subject to the appropriation by or under the authority of Parliament of any moneys that may be required therefor, be implemented by the parties within a period of ninety days from the date on and after which it becomes binding on the parties or within such longer period as, on application to the Board by either party, appears reasonable to the Board.

Completion and Variation of Arbitral Awards

Marginal note:Reference back to Board

60 Where in respect of an arbitral award it appears to either of the parties that the Board has failed to deal with any matter in dispute referred to it, that party may, within seven days from the day the award is rendered, refer the matter back to the Board, and the Board shall thereupon deal with the matter.

Marginal note:Authority to amend or vary award

61 The Board may, on application jointly by both parties to an arbitral award, amend, alter or vary any provision of that award where it is made to appear to the Board that the amendment, alteration or variation thereof is warranted, having regard to circumstances that have arisen since the making of the award or of which the Board did not have notice at the time of the making thereof, or having regard to such other circumstances as the Board deems relevant.

DIVISION IVGrievances

Right to Present Grievances

Marginal note:Right of employee

• 62 (1) Where any employee feels aggrieved

  • (a) by the interpretation or application, in respect of the employee, of

    • (i) a provision of a statute, or of a regulation, by-law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or

    • (ii) a provision of a collective agreement or an arbitral award, or

  • (b) as a result of any occurrence or matter affecting the employee’s terms and conditions of employment, other than a provision described in subparagraph (a)(i) or (ii),

  the employee is entitled, subject to subsection (2), to present the grievance at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

• Marginal note:Limitation

  (2) An employee is not entitled to present any grievance relating to the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.

• Marginal note:Right to be represented by employee organization

  (3) An employee who is not included in a bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of and, if the employee chooses, may be represented by any employee organization in the presentation or reference to adjudication of a grievance.

• Marginal note:Idem

  (4) No employee who is included in a bargaining unit for which an employee organization has been certified as bargaining agent may be represented by any employee organization, other than the employee organization certified as bargaining agent, in the presentation or reference to adjudication of a grievance.