Acts and Regulations

P-25 - Public Service Labour Relations Act

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Procedure on application under section 31
31.1(1)Where an application is made to the Board under section 31, the Board shall notify the employer or the employee organization affected by the application, as the case may be, of the making and the nature of the application.
31.1(2)Where the application is made by an employee organization, the employer shall, within ten days after being notified under subsection (1) of the making of the application, provide in writing to the employee organization and to the Board a description of the duties and classification of the position of any employee or of the positions of any class of employees in respect of whom the application is made.
31.1(3)Where the application is made by an employer, the employer shall, within ten days after making the application under section 31, provide in writing to the employee organization and the Board, a description of the duties and classification of the position of any employee or of the positions of any class of employees in respect of whom the application is made.
31.1(4)If, within thirty days after an employee organization receives the description of the duties and classification of the position of the employee or of the positions of the class of employees in respect of whom the application is made, the employer and the employee organization cannot agree as to whether the employee or class of employees in respect of whom the application is made is or is not included in the bargaining unit or is included in any other unit, the Board shall determine the question in accordance with section 31.
31.1(5)If the employer does not provide the information required under subsection (2) or (3) within the period of time specified in those subsections, the Board may determine the question in accordance with section 31.
31.1(6)Subsections (2), (3) and (4) do not apply in relation to an application under section 31 if the employer has provided, in accordance with section 30.1, a description of the duties and classification of the position of the employee or of the positions of the class of employees in respect of whom the application is made.
1991, c.53, s.5
Procedure on application under section 31
31.1(1)Where an application is made to the Board under section 31, the Board shall notify the employer or the employee organization affected by the application, as the case may be, of the making and the nature of the application.
31.1(2)Where the application is made by an employee organization, the employer shall, within ten days after being notified under subsection (1) of the making of the application, provide in writing to the employee organization and to the Board a description of the duties and classification of the position of any employee or of the positions of any class of employees in respect of whom the application is made.
31.1(3)Where the application is made by an employer, the employer shall, within ten days after making the application under section 31, provide in writing to the employee organization and the Board, a description of the duties and classification of the position of any employee or of the positions of any class of employees in respect of whom the application is made.
31.1(4)If, within thirty days after an employee organization receives the description of the duties and classification of the position of the employee or of the positions of the class of employees in respect of whom the application is made, the employer and the employee organization cannot agree as to whether the employee or class of employees in respect of whom the application is made is or is not included in the bargaining unit or is included in any other unit, the Board shall determine the question in accordance with section 31.
31.1(5)If the employer does not provide the information required under subsection (2) or (3) within the period of time specified in those subsections, the Board may determine the question in accordance with section 31.
31.1(6)Subsections (2), (3) and (4) do not apply in relation to an application under section 31 if the employer has provided, in accordance with section 30.1, a description of the duties and classification of the position of the employee or of the positions of the class of employees in respect of whom the application is made.
1991, c.53, s.5