Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 35
Disposition versions

Full text
Effect of certification
35(1)Where an employee organization is certified under this Act as the bargaining agent for a bargaining unit,
(a) the employee organization has the exclusive right
(i) to bargain collectively on behalf of the employees in the bargaining unit and to bind them by a collective agreement until its certification in respect of the bargaining unit is revoked, and
(ii) to represent an employee in a grievance relating to the interpretation, application or administration of a collective agreement or arbitral award applying to the bargaining unit to which the employee belongs;
(b) if another employee organization was previously certified as bargaining agent in respect of employees in the bargaining unit, the certification of the previously certified bargaining agent is thereupon revoked in respect of such employees; and
(c) if, at the time of certification, a collective agreement or arbitral award binding on the employees in the bargaining unit is in force, the employee organization shall be substituted as a party to the agreement or award in place of the bargaining agent that had been a party thereto and may, notwithstanding anything contained in the agreement or award, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, upon two months notice to the employer given within one month from such certification.
35(2)In any case where paragraph (1)(b) or (c) applies, any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of that paragraph shall, on application by the employer or the previous or new bargaining agent, be determined by the Board.
1968, c.88, s.35; 1990, c.30, s.6
Certification
35(1)Where an employee organization is certified under this Act as the bargaining agent for a bargaining unit,
(a) the employee organization has the exclusive right
(i) to bargain collectively on behalf of the employees in the bargaining unit and to bind them by a collective agreement until its certification in respect of the bargaining unit is revoked, and
(ii) to represent an employee in a grievance relating to the interpretation, application or administration of a collective agreement or arbitral award applying to the bargaining unit to which the employee belongs;
(b) if another employee organization was previously certified as bargaining agent in respect of employees in the bargaining unit, the certification of the previously certified bargaining agent is thereupon revoked in respect of such employees; and
(c) if, at the time of certification, a collective agreement or arbitral award binding on the employees in the bargaining unit is in force, the employee organization shall be substituted as a party to the agreement or award in place of the bargaining agent that had been a party thereto and may, notwithstanding anything contained in the agreement or award, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, upon two months notice to the employer given within one month from such certification.
35(2)In any case where paragraph (1)(b) or (c) applies, any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of that paragraph shall, on application by the employer or the previous or new bargaining agent, be determined by the Board.
1968, c.88, s.35; 1990, c.30, s.6