Canada Labour Code

Marginal note:Where portion as federal business

• 47 (1) Where the name of any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act is deleted and that portion of the federal public administration is established as or becomes a part of a corporation or business to which this Part applies, or where a portion of the federal public administration included in another portion of the federal public administration specified in those Schedules is severed from the portion in which it was included and established as or becomes a part of such a corporation or business,

  • (a) a collective agreement or arbitral award that applies to any employees in that portion of the federal public administration and that is in force at the time the portion of the federal public administration is established as or becomes a part of such a corporation or business continues in force, subject to subsections (3) to (7), until its term expires; and

  • (b) the Public Service Labour Relations Act applies in all respects to the interpretation and application of the collective agreement or arbitral award.

• Marginal note:Application for certification

  (2) A trade union may apply to the Board for certification as the bargaining agent for the employees affected by a collective agreement or arbitral award referred to in subsection (1), but may so apply only during a period in which an application for certification of a trade union is authorized to be made under section 24.

• Marginal note:Application for order

  (3) Where the employees in a portion of the federal public administration that is established as or becomes a part of a corporation or business to which this Part applies are bound by a collective agreement or arbitral award, the corporation or business, as employer of the employees, or any bargaining agent affected by the change in employment, may, during the period beginning on the one hundred and twentieth day and ending on the one hundred and fiftieth day after the date on which the portion of the federal public administration is established as or becomes a part of the corporation or business, apply to the Board for an order determining the matters referred to in subsection (4).

• Marginal note:Determination of Board

  (4) Where an application is made under subsection (3) by a corporation or business or bargaining agent, the Board, by order, shall

  • (a) determine whether the employees of the corporation or business who are bound by any collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;

  • (b) determine which trade union shall be the bargaining agent for the employees in each such unit; and

  • (c) in respect of each collective agreement or arbitral award that applies to employees of the corporation or business,

    • (i) determine whether the collective agreement or arbitral award shall remain in force, and

    • (ii) if the collective agreement or arbitral award is to remain in force, determine whether it shall remain in force until the expiration of its term or expire on such earlier date as the Board may fix.

• Marginal note:Application for leave to serve a notice to bargain collectively

  (5) Where the Board determines, pursuant to paragraph (4)(c), that a collective agreement or arbitral award shall remain in force, either party to the collective agreement or arbitral award may, not later than sixty days after the date the Board makes its determination, apply to the Board for an order granting leave to serve on the other party a notice to bargain collectively.

• Marginal note:Application to bargain collectively

  (6) Where no application for an order is made pursuant to subsection (3) within the period specified in that subsection, the corporation or business, as employer of the employees, or any bargaining agent bound by a collective agreement or arbitral award that, by subsection (1), is continued in force, may, during the period commencing on the one hundred and fifty-first day and ending on the two hundred and tenth day after the date the portion of the federal public administration is established as or becomes a part of the corporation or business, apply to the Board for an order granting leave to serve on the other party a notice to bargain collectively.

• Marginal note:Effect of order

  (7) Where the Board has made an order pursuant to paragraph (4)(c), this Part applies to the interpretation and application of any collective agreement or arbitral award affected thereby.

• Marginal note:Arbitral award deemed part of collective agreement

  (8) An arbitral award that is continued in force by virtue of subsection (1) is deemed to be

  • (a) part of the collective agreement for the bargaining unit to which the award relates, or

  • (b) where there is no collective agreement for the bargaining unit, a collective agreement for the bargaining unit to which the award relates

  for the purposes of section 49, and this Part, other than section 80, applies in respect of the renewal or revision of the collective agreement or entering into a new collective agreement.