Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 24
Disposition versions

Full text
Occupational category
24(1)The Board of Management shall, within fifteen days after the coming into force of this Act, or within such further time as is determined by the Board, specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category”, in such manner as to comprise therein all employees in the Public Service in respect of whom the Crown as represented by the Board of Management is the employer, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette.
24(2)Each separate employer specified in Part IV of the First Schedule shall, within fifteen days after the coming into force of this Act or within such further time as is determined by the Board specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category” in such manner as to comprise therein all employees in the Public Service in respect of whom it is the employer, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette.
24(2.1)The Workplace Health, Safety and Compensation Commission shall, within fifteen days after the coming into force of this section or within such further time as is determined by the Board, specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category” in such a manner as to comprise therein all employees of the Workplace Health, Safety and Compensation Commission, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette. Thereafter, the ensuing provisions of the Act respecting Certification and Collective Bargaining shall be applied, mutatis mutandis, by the Board to the Workplace Health, Safety and Compensation Commission, as a new Employer under the Act.
24(2.2)Notwithstanding anything else in this Act or in the Workplace Health, Safety and Compensation Commission Act, collective agreements applicable to employees of the Workers’ Compensation Board and Occupational Health and Safety Commission as of December 31, 1994 shall continue in full force and effect until new collective agreements covering such employees come into effect.
24(3)In specifying and defining the several occupational groups within each occupational category pursuant to subsection (1) or subsection (2) the Board of Management or the separate employer, as the case may be, shall specify and define those groups according to the duties and responsibilities of the employees within each occupational category.
24(4)As soon as possible after the coming into force of this Act the Board shall, for each occupational group, specify the day on and after which an application for certification as bargaining agent for a bargaining unit comprised of employees in that occupational group can be made by an employee organization, which day is not, for any occupational group, to be later than the ninetieth day after the coming into force of this Act.
24(5)During the initial certification period, a unit of employees may be determined by the Board as a unit appropriate for collective bargaining only if that unit is comprised of
(a) all of the employees in an occupational group,
(b) all of the employees in an occupational group other than employees whose duties include the supervision of other employees in that occupational group, or
(c) all of the employees in an occupational group whose duties include the supervision of other employees in that occupational group.
24(6)Subsection (5) does not apply where, upon an application for certification as bargaining agent for a proposed bargaining unit,
(a) the employee organization making the application or any employee organization whose members include employees in the proposed bargaining unit, has filed with the Board an objection to the determination of a bargaining unit in consequence of the application on the basis specified in subsection (5), on the ground that such a bargaining unit would not permit satisfactory representation of employees included therein and, for that reason, would not constitute a unit of employees appropriate for collective bargaining, and
(b) the Board, after considering the objection, is satisfied that such a bargaining unit would not, for that reason, constitute a unit of employees appropriate for collective bargaining.
24(7)During the initial certification period, in respect of each occupational category, notice to bargain collectively may be given in respect of a bargaining unit comprised of employees included in that occupational category only after a day specified by the Board at the time of certification of the bargaining agent for that bargaining unit, but such day shall not be later than the ninetieth day after the Board certifies the bargaining agent for that bargaining unit.
24(8)Where, during the initial certification period, an occupationally related category of employees is determined by the Board to be an occupational category for the purposes of this Act, the Board, at the time of making the determination, shall specify the day corresponding to that described in subsection (4) that is to apply in relation to each occupational group in that occupational category as though it were specified by the Board under that subsection.
24(9)Where, during the initial certification period, an occupationally related category is determined to be an occupational category under subsection (8), notice to bargain collectively may be given in respect of a bargaining unit comprised of employees included in that occupational category only after a day specified by the Board at the time of certification of the bargaining agent for that bargaining unit, but such day shall not be later than the ninetieth day after the day on which that occupational category is determined.
1968, c.88, s.24; 1984, c.44, s.17; 1994, c.70, s.9; 2017, c.43, s.1; 2023, c.17, s.223
Occupational category
24(1)The Board of Management shall, within fifteen days after the coming into force of this Act, or within such further time as is determined by the Board, specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category”, in such manner as to comprise therein all employees in the Public Service in respect of whom Her Majesty as represented by the Board of Management is the employer, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette.
24(2)Each separate employer specified in Part IV of the First Schedule shall, within fifteen days after the coming into force of this Act or within such further time as is determined by the Board specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category” in such manner as to comprise therein all employees in the Public Service in respect of whom it is the employer, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette.
24(2.1)The Workplace Health, Safety and Compensation Commission shall, within fifteen days after the coming into force of this section or within such further time as is determined by the Board, specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category” in such a manner as to comprise therein all employees of the Workplace Health, Safety and Compensation Commission, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette. Thereafter, the ensuing provisions of the Act respecting Certification and Collective Bargaining shall be applied, mutatis mutandis, by the Board to the Workplace Health, Safety and Compensation Commission, as a new Employer under the Act.
24(2.2)Notwithstanding anything else in this Act or in the Workplace Health, Safety and Compensation Commission Act, collective agreements applicable to employees of the Workers’ Compensation Board and Occupational Health and Safety Commission as of December 31, 1994 shall continue in full force and effect until new collective agreements covering such employees come into effect.
24(3)In specifying and defining the several occupational groups within each occupational category pursuant to subsection (1) or subsection (2) the Board of Management or the separate employer, as the case may be, shall specify and define those groups according to the duties and responsibilities of the employees within each occupational category.
24(4)As soon as possible after the coming into force of this Act the Board shall, for each occupational group, specify the day on and after which an application for certification as bargaining agent for a bargaining unit comprised of employees in that occupational group can be made by an employee organization, which day is not, for any occupational group, to be later than the ninetieth day after the coming into force of this Act.
24(5)During the initial certification period, a unit of employees may be determined by the Board as a unit appropriate for collective bargaining only if that unit is comprised of
(a) all of the employees in an occupational group,
(b) all of the employees in an occupational group other than employees whose duties include the supervision of other employees in that occupational group, or
(c) all of the employees in an occupational group whose duties include the supervision of other employees in that occupational group.
24(6)Subsection (5) does not apply where, upon an application for certification as bargaining agent for a proposed bargaining unit,
(a) the employee organization making the application or any employee organization whose members include employees in the proposed bargaining unit, has filed with the Board an objection to the determination of a bargaining unit in consequence of the application on the basis specified in subsection (5), on the ground that such a bargaining unit would not permit satisfactory representation of employees included therein and, for that reason, would not constitute a unit of employees appropriate for collective bargaining, and
(b) the Board, after considering the objection, is satisfied that such a bargaining unit would not, for that reason, constitute a unit of employees appropriate for collective bargaining.
24(7)During the initial certification period, in respect of each occupational category, notice to bargain collectively may be given in respect of a bargaining unit comprised of employees included in that occupational category only after a day specified by the Board at the time of certification of the bargaining agent for that bargaining unit, but such day shall not be later than the ninetieth day after the Board certifies the bargaining agent for that bargaining unit.
24(8)Where, during the initial certification period, an occupationally related category of employees is determined by the Board to be an occupational category for the purposes of this Act, the Board, at the time of making the determination, shall specify the day corresponding to that described in subsection (4) that is to apply in relation to each occupational group in that occupational category as though it were specified by the Board under that subsection.
24(9)Where, during the initial certification period, an occupationally related category is determined to be an occupational category under subsection (8), notice to bargain collectively may be given in respect of a bargaining unit comprised of employees included in that occupational category only after a day specified by the Board at the time of certification of the bargaining agent for that bargaining unit, but such day shall not be later than the ninetieth day after the day on which that occupational category is determined.
1968, c.88, s.24; 1984, c.44, s.17; 1994, c.70, s.9; 2017, c.43, s.1
Application for certification
24(1)The Board of Management shall, within fifteen days after the coming into force of this Act, or within such further time as is determined by the Board, specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category”, in such manner as to comprise therein all employees in the Public Service in respect of whom Her Majesty as represented by the Board of Management is the employer, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette.
24(2)Each separate employer specified in Part IV of the First Schedule shall, within fifteen days after the coming into force of this Act or within such further time as is determined by the Board specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category” in such manner as to comprise therein all employees in the Public Service in respect of whom it is the employer, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette.
24(2.1)The Workplace Health, Safety and Compensation Commission shall, within fifteen days after the coming into force of this section or within such further time as is determined by the Board, specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category” in such a manner as to comprise therein all employees of the Workplace Health, Safety and Compensation Commission, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette. Thereafter, the ensuing provisions of the Act respecting Certification and Collective Bargaining shall be applied, mutatis mutandis, by the Board to the Workplace Health, Safety and Compensation Commission, as a new Employer under the Act.
24(2.2)Notwithstanding anything else in this Act or in the Workplace Health, Safety and Compensation Commission Act, collective agreements applicable to employees of the Workers’ Compensation Board and Occupational Health and Safety Commission as of December 31, 1994 shall continue in full force and effect until new collective agreements covering such employees come into effect.
24(3)In specifying and defining the several occupational groups within each occupational category pursuant to subsection (1) or subsection (2) the Board of Management or the separate employer, as the case may be, shall specify and define those groups according to the duties and responsibilities of the employees within each occupational category.
24(4)As soon as possible after the coming into force of this Act the Board shall, for each occupational group, specify the day on and after which an application for certification as bargaining agent for a bargaining unit comprised of employees in that occupational group can be made by an employee organization, which day is not, for any occupational group, to be later than the ninetieth day after the coming into force of this Act.
24(5)During the initial certification period, a unit of employees may be determined by the Board as a unit appropriate for collective bargaining only if that unit is comprised of
(a) all of the employees in an occupational group,
(b) all of the employees in an occupational group other than employees whose duties include the supervision of other employees in that occupational group, or
(c) all of the employees in an occupational group whose duties include the supervision of other employees in that occupational group.
24(6)Subsection (5) does not apply where, upon an application for certification as bargaining agent for a proposed bargaining unit,
(a) the employee organization making the application or any employee organization whose members include employees in the proposed bargaining unit, has filed with the Board an objection to the determination of a bargaining unit in consequence of the application on the basis specified in subsection (5), on the ground that such a bargaining unit would not permit satisfactory representation of employees included therein and, for that reason, would not constitute a unit of employees appropriate for collective bargaining, and
(b) the Board, after considering the objection, is satisfied that such a bargaining unit would not, for that reason, constitute a unit of employees appropriate for collective bargaining.
24(7)During the initial certification period, in respect of each occupational category, notice to bargain collectively may be given in respect of a bargaining unit comprised of employees included in that occupational category only after a day specified by the Board at the time of certification of the bargaining agent for that bargaining unit, but such day shall not be later than the ninetieth day after the Board certifies the bargaining agent for that bargaining unit.
24(8)Where, during the initial certification period, an occupationally related category of employees is determined by the Board to be an occupational category for the purposes of this Act, the Board, at the time of making the determination, shall specify the day corresponding to that described in subsection (4) that is to apply in relation to each occupational group in that occupational category as though it were specified by the Board under that subsection.
24(9)Where, during the initial certification period, an occupationally related category is determined to be an occupational category under subsection (8), notice to bargain collectively may be given in respect of a bargaining unit comprised of employees included in that occupational category only after a day specified by the Board at the time of certification of the bargaining agent for that bargaining unit, but such day shall not be later than the ninetieth day after the day on which that occupational category is determined.
1968, c.88, s.24; 1984, c.44, s.17; 1994, c.70, s.9
Application for certification
24(1)The Board of Management shall, within fifteen days after the coming into force of this Act, or within such further time as is determined by the Board, specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category”, in such manner as to comprise therein all employees in the Public Service in respect of whom Her Majesty as represented by the Board of Management is the employer, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette.
24(2)Each separate employer specified in Part IV of the First Schedule shall, within fifteen days after the coming into force of this Act or within such further time as is determined by the Board specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category” in such manner as to comprise therein all employees in the Public Service in respect of whom it is the employer, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette.
24(2.1)The Workplace Health, Safety and Compensation Commission shall, within fifteen days after the coming into force of this section or within such further time as is determined by the Board, specify and define the several occupational groups within each occupational category enumerated in paragraphs (a) to (e) inclusive in the definition “occupational category” in such a manner as to comprise therein all employees of the Workplace Health, Safety and Compensation Commission, and shall thereupon cause notice of its action and of the occupational groups so specified and defined by it to be published in The Royal Gazette. Thereafter, the ensuing provisions of the Act respecting Certification and Collective Bargaining shall be applied, mutatis mutandis, by the Board to the Workplace Health, Safety and Compensation Commission, as a new Employer under the Act.
24(2.2)Notwithstanding anything else in this Act or in the Workplace Health, Safety and Compensation Commission Act, collective agreements applicable to employees of the Workers’ Compensation Board and Occupational Health and Safety Commission as of December 31, 1994 shall continue in full force and effect until new collective agreements covering such employees come into effect.
24(3)In specifying and defining the several occupational groups within each occupational category pursuant to subsection (1) or subsection (2) the Board of Management or the separate employer, as the case may be, shall specify and define those groups according to the duties and responsibilities of the employees within each occupational category.
24(4)As soon as possible after the coming into force of this Act the Board shall, for each occupational group, specify the day on and after which an application for certification as bargaining agent for a bargaining unit comprised of employees in that occupational group can be made by an employee organization, which day is not, for any occupational group, to be later than the ninetieth day after the coming into force of this Act.
24(5)During the initial certification period, a unit of employees may be determined by the Board as a unit appropriate for collective bargaining only if that unit is comprised of
(a) all of the employees in an occupational group,
(b) all of the employees in an occupational group other than employees whose duties include the supervision of other employees in that occupational group, or
(c) all of the employees in an occupational group whose duties include the supervision of other employees in that occupational group.
24(6)Subsection (5) does not apply where, upon an application for certification as bargaining agent for a proposed bargaining unit,
(a) the employee organization making the application or any employee organization whose members include employees in the proposed bargaining unit, has filed with the Board an objection to the determination of a bargaining unit in consequence of the application on the basis specified in subsection (5), on the ground that such a bargaining unit would not permit satisfactory representation of employees included therein and, for that reason, would not constitute a unit of employees appropriate for collective bargaining, and
(b) the Board, after considering the objection, is satisfied that such a bargaining unit would not, for that reason, constitute a unit of employees appropriate for collective bargaining.
24(7)During the initial certification period, in respect of each occupational category, notice to bargain collectively may be given in respect of a bargaining unit comprised of employees included in that occupational category only after a day specified by the Board at the time of certification of the bargaining agent for that bargaining unit, but such day shall not be later than the ninetieth day after the Board certifies the bargaining agent for that bargaining unit.
24(8)Where, during the initial certification period, an occupationally related category of employees is determined by the Board to be an occupational category for the purposes of this Act, the Board, at the time of making the determination, shall specify the day corresponding to that described in subsection (4) that is to apply in relation to each occupational group in that occupational category as though it were specified by the Board under that subsection.
24(9)Where, during the initial certification period, an occupationally related category is determined to be an occupational category under subsection (8), notice to bargain collectively may be given in respect of a bargaining unit comprised of employees included in that occupational category only after a day specified by the Board at the time of certification of the bargaining agent for that bargaining unit, but such day shall not be later than the ninetieth day after the day on which that occupational category is determined.
1968, c.88, s.24; 1984, c.44, s.17; 1994, c.70, s.9