Essential services
43.1(1)In relation to any bargaining unit the employer may, within the time limits established under subsection (2), by notice in writing advise the Board and the bargaining agent for the relevant bargaining unit that the employer considers in whole or in part the services provided by the bargaining unit to be essential in the interest of the health, safety or security of the public.
43.1(2)A notice under subsection (1) may be given
(a)
where an employee organization is certified under this Act as the bargaining agent for a bargaining unit and no collective agreement or arbitral award is in force in relation to the bargaining unit, within twenty days after the date of the certification of the employee organization as the bargaining agent for the bargaining unit, or
(b)
where a collective agreement or arbitral award is in force, at any time during the term of the agreement or award except within the period of six months before the agreement or award ceases to operate.
43.1(3)Within seven days after the receipt by the Board of the notice referred to in subsection (1) the Board shall in consultation with the employer and the bargaining agent establish time limits within which the employer and the bargaining agent shall endeavour to reach agreement identifying
(a)
the services provided by the bargaining unit that at any particular time are or will be necessary in the interest of the health, safety or security of the public,
(b)
the level of service to be maintained by the bargaining unit for the purpose of ensuring the delivery of the services referred to in paragraph (
a), and
(c)
the positions in the bargaining unit to be designated positions for the purpose of ensuring the delivery of the services referred to in paragraph (
a).
43.1(4)If the employer and the bargaining agent are able to reach agreement in relation to the matters referred to in subsection (3) within the time limits established under subsection (3), the terms of the agreement shall be jointly communicated by the parties to the Board and the Board shall forthwith issue an order to the parties in accordance with the terms of the agreement.
43.1(5)If the employer and the bargaining agent are unable to reach agreement in relation to the matters referred to in subsection (3) within the time limits established under subsection (3), the Board, after affording each of the parties an opportunity to present evidence and make representations, shall determine the matters.
43.1(6)A determination made by the Board under subsection (5) shall be communicated in writing by the Board to the employer and the bargaining agent as soon as possible after the making of the determination.
43.1(7)An order issued by the Board under subsection (4) or a determination made by the Board under subsection (5) or such order or determination as amended from time to time as provided in this section remains in effect and is binding on the employer and the bargaining agent and on any employee affected by the order or the determination.
43.1(8)Subject to subsection (8.1), the employer or the bargaining agent for the relevant bargaining unit may apply to the Board to amend an order issued under subsection (4) or a determination made under subsection (5)
(a)
if a collective agreement or arbitral award is in force, at any time, or
(b)
if a collective agreement or arbitral award is not in force, no later than three days after a deadlock is declared under section 71.
43.1(8.1)If a collective agreement or arbitral award is not in force, each party shall not make more than one application under subsection (8) during a dispute.
43.1(8.2)Within 30 days after receipt of an application referred to in subsection (8) and after affording the parties an opportunity to present evidence and make representations, the Board shall
(a)
grant the application,
(b)
reject the application, or
(c)
make any other decision the Board considers appropriate.
43.1(8.3)Despite subsection (8.2), the Board may extend the 30-day period referred to in that subsection if the parties agree to the extension.
43.1(9)Repealed: 2022, c.63, s.2
43.1(10)If, within the time limit established under subsection (8.2) or extended in accordance with subsection (8.3), the employer and the bargaining agent agree on the amendments to be made to an order issued under subsection (4) or a determination made under subsection (5), the terms of the agreement shall be jointly communicated by the parties to the Board and the Board shall forthwith amend the order or the determination in accordance with the terms of the agreement.
43.1(10.1)If, within the time limit established under subsection (8.2) or extended in accordance with subsection (8.3), the employer or the bargaining agent advises the Board by notice in writing of the inability of the parties to reach agreement on the amendments to be made to an order issued under subsection (4) or a determination made under subsection (5) and that it desires the assistance of a mediator in reaching agreement, the Board may appoint a mediator who shall, without delay after the appointment, confer with the parties and endeavour to assist them in reaching agreement.
43.1(11)Within such time and in such manner as the Board prescribes, all employees in a bargaining unit who are employed in positions agreed by the parties or determined by the Board under this section to be designated positions shall be so informed by the Board.
43.1(12)If a notice referred to in subsection (1) is given by the employer or an application referred to in subsection (8) is made by the employer or a bargaining agent, no employee in the bargaining unit in respect of which the notice was given or the application was made shall strike or participate in a strike until the employer and the bargaining agent have agreed on or the Board has determined under this section the positions in the bargaining unit to be designated positions and the employees in those positions have been so informed by the Board.
1990, c.30, s.7; 1991, c.53, s.15; 1994, c.52, s.5; 2022, c.63, s.2