Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 28
Disposition versions

Full text
Collective agreement or arbitral award in force
28(1)Where a collective agreement or an arbitral award is in force and is for a term of not more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only after the commencement of the last two months of its operation.
28(2)Where a collective agreement or an arbitral award is in force and is for a term of more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only
(a) after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation,
(b) during the two month period immediately preceding the end of each year that the agreement or award continues to operate after the second year of its operation, or
(c) after the commencement of the last two months of its operation.
28(3)Where a collective agreement referred to in subsection (1) or (2) provides that it will continue to operate after the term specified therein for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the collective agreement, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to whom the collective agreement applies at any time permitted by subsection (1) or (2), as the case may be, or during the two months period immediately preceding the end of each year that the collective agreement continues to operate after the term specified therein.
1968, c.88, s.28
Application for certification
28(1)Where a collective agreement or an arbitral award is in force and is for a term of not more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only after the commencement of the last two months of its operation.
28(2)Where a collective agreement or an arbitral award is in force and is for a term of more than two years, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to which the agreement or award applies only
(a) after the commencement of the twenty-third month of its operation and before the commencement of the twenty-fifth month of its operation,
(b) during the two month period immediately preceding the end of each year that the agreement or award continues to operate after the second year of its operation, or
(c) after the commencement of the last two months of its operation.
28(3)Where a collective agreement referred to in subsection (1) or (2) provides that it will continue to operate after the term specified therein for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the collective agreement, an employee organization may apply to the Board for certification as bargaining agent for any of the employees in the bargaining unit to whom the collective agreement applies at any time permitted by subsection (1) or (2), as the case may be, or during the two months period immediately preceding the end of each year that the collective agreement continues to operate after the term specified therein.
1968, c.88, s.28