Acts and Regulations

84-130 - Public Service Labour Relations Board

Section 29
Disposition versions

Full text
29(1)Where, after a bargaining agent for a bargaining unit has been certified by the Board, the employer or the bargaining agent wishes to designate a position to be a position in which is employed a person described in subparagraphs (e)(i) to (v) inclusive of the definition “person employed in a managerial or confidential capacity” in section 1 of the Act, the employer or the bargaining agent shall file a designation in Form MC-1 of Schedule C in triplicate with the Board.
29(2)Where the form referred to in subsection (1) is filed with the Board, the Secretary shall serve a copy of the statement on
(a) the bargaining agent, where the form was filed by the employer, and
(b) the employer, where the form was filed by the bargaining agent.
29(3)Where the bargaining agent or the employer objects to the designation of a position under subsection (1), it shall file with the Board, not later than twenty days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds of objection.
29(4)Upon receipt of a notice of objection referred to in subsection (3), the Secretary shall serve a copy of the notice of objection forthwith on the other party.
29(5)The time prescribed by subsections (3) and (4) may be enlarged either before or after the expiration of such time
(a) by agreement of the parties, or
(b) by the Board in respect of any person or group of persons.
29(6)Where an objection is filed with the Board under subsection (3), the Board shall determine the matter at a hearing.
87-155; 91-132; 2014-118
29(1)Where, after a bargaining agent for a bargaining unit has been certified by the Board, the employer or the bargaining agent wishes to designate a position to be a position in which is employed a person described in subparagraphs (e)(i) to (v) inclusive of the definition “person employed in a managerial or confidential capacity” in section 1 of the Act, the employer or the bargaining agent shall file a designation in Form MC-1 of Schedule C in triplicate with the Board.
29(2)Where the form referred to in subsection (1) is filed with the Board, the Secretary shall serve a copy of the statement on
(a) the bargaining agent, where the form was filed by the employer, and
(b) the employer, where the form was filed by the bargaining agent.
29(3)Where the bargaining agent or the employer objects to the designation of a position under subsection (1), it shall file with the Board, not later than twenty days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds of objection.
29(4)Upon receipt of a notice of objection referred to in subsection (3), the Secretary shall serve a copy of the notice of objection forthwith on the other party.
29(5)The time prescribed by subsections (3) and (4) may be enlarged either before or after the expiration of such time
(a) by agreement of the parties, or
(b) by the Board in respect of any person or group of persons.
29(6)Where an objection is filed with the Board under subsection (3), the Board shall determine the matter at a hearing.
87-155; 91-132
29(1)Where, after a bargaining agent for a bargaining unit has been certified by the Board, the employer or the bargaining agent wishes to designate a position to be a position in which is employed a person described in subparagraphs (e)(i) to (v) inclusive of the definition “person employed in a managerial or confidential capacity” in section 1 of the Act, the employer or the bargaining agent shall file a designation in Form MC-1 of Schedule C in triplicate with the Board.
29(2)Where the form referred to in subsection (1) is filed with the Board, the Secretary shall serve a copy of the statement on
(a) the bargaining agent, where the form was filed by the employer, and
(b) the employer, where the form was filed by the bargaining agent.
29(3)Where the bargaining agent or the employer objects to the designation of a position under subsection (1), it shall file with the Board, not later than twenty days after the service referred to in subsection (2), a notice of objection containing a concise statement of the grounds of objection.
29(4)Upon receipt of a notice of objection referred to in subsection (3), the Secretary shall serve a copy of the notice of objection forthwith on the other party.
29(5)The time prescribed by subsections (3) and (4) may be enlarged either before or after the expiration of such time
(a) by agreement of the parties, or
(b) by the Board in respect of any person or group of persons.
29(6)Where an objection is filed with the Board under subsection (3), the Board shall determine the matter at a hearing.
87-155; 91-132