Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 86
Disposition versions

Full text
Arbitral award binding, may be retroactive, conflict
86(1)An arbitral award is, subject to and for the purposes of this Act, binding on the employer and the bargaining agent that is a party thereto and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and from the day on which the award is rendered or such later day as the arbitration tribunal determines.
86(2)A provision of an arbitral award made in respect of a term or condition of employment may be retroactive to the extent that it is capable of being retroactively applied, in whole or in part, to a day prior to the day on and from which the arbitral award becomes binding on the parties but not before the day on which notice to bargain collectively was given by either party.
86(3)Where, in relation to any or all of the provisions of an arbitral award made in respect of terms and conditions of employment, there was previously in effect a collective agreement or arbitral award, the previous collective agreement or the previous arbitral award is replaced, to the extent of any conflict, for the term, determined in accordance with section 87, for which the subsequent award is operative.
1968, c.88, s.86; 1990, c.30, s.24
86(1)An arbitral award is, subject to and for the purposes of this Act, binding on the employer and the bargaining agent that is a party thereto and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and from the day on which the award is rendered or such later day as the arbitration tribunal determines.
86(2)A provision of an arbitral award made in respect of a term or condition of employment may be retroactive to the extent that it is capable of being retroactively applied, in whole or in part, to a day prior to the day on and from which the arbitral award becomes binding on the parties but not before the day on which notice to bargain collectively was given by either party.
86(3)Where, in relation to any or all of the provisions of an arbitral award made in respect of terms and conditions of employment, there was previously in effect a collective agreement or arbitral award, the previous collective agreement or the previous arbitral award is replaced, to the extent of any conflict, for the term, determined in accordance with section 87, for which the subsequent award is operative.
1968, c.88, s.86; 1990, c.30, s.24