48. Where the Board has certified a bargaining agent for a bargaining unit and no collective agreement binding on the employees in the bargaining unit is in force, the bargaining agent may, by notice, require the employer of those employees, or the employer may, by notice, require the bargaining agent to commence collective bargaining for the purpose of entering into a collective agreement.

R.S., c. L-1, s. 146; 1972, c. 18, s. 1.

49. (1) Either party to a collective agreement may, within the period of four months immediately preceding the date of expiration of the term of the collective agreement, or within the longer period that may be provided for in the collective agreement, by notice, require the other party to the collective agreement to commence collective bargaining for the purpose of renewing or revising the collective agreement or entering into a new collective agreement.

(2) Where a collective agreement provides that any provision of the collective agreement may be revised during the term of the collective agreement, a party entitled to do so by the collective agreement may, by notice, require the other party to commence collective bargaining for the purpose of revising the provision.

R.S., 1985, c. L-2, s. 49; 1998, c. 26, s. 25.

50. Where notice to bargain collectively has been given under this Part,

(a) the bargaining agent and the employer, without delay, but in any case within twenty days after the notice was given unless the parties otherwise agree, shall

(i) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith, and

(ii) make every reasonable effort to enter into a collective agreement; and

(b) the employer shall not alter the rates of pay or any other term or condition of employment or any right or privilege of the employees in the bargaining unit, or any right or privilege of the bargaining agent, until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the bargaining agent consents to the alteration of such a term or condition, or such a right or privilege.

R.S., c. L-1, s. 148; 1972, c. 18, s. 1; 1977-78, c. 27, s. 51.

51. (1) In this section and sections 52 to 55, “technological change” means

(a) the introduction by an employer into their work, undertaking or business of equipment or material of a different nature or kind than that previously utilized by the employer in the operation of the work, undertaking or business; and

(b) a change in the manner in which the employer carries on the work, undertaking or business that is directly related to the introduction of that equipment or material.

(2) Sections 52, 54 and 55 do not apply, in respect of a technological change, to an employer and a bargaining agent who are bound by a collective agreement where

(a) the employer has given to the bargaining agent a notice in writing of the technological change that is substantially in accordance with subsection 52(2),

(i) prior to the day on which the employer and the bargaining agent entered into the collective agreement, if the notice requiring the parties to commence collective bargaining for the purpose of entering into that collective agreement was given pursuant to section 48, or

(ii) not later than the last day on which notice requiring the parties to commence collective bargaining for the purpose of entering into the collective agreement could have been given pursuant to subsection 49(1), if the notice was given under that subsection;

(b) the collective agreement contains provisions that specify procedures by which any matters that relate to terms and conditions or security of employment likely to be affected by a technological change may be negotiated and finally settled during the term of the agreement; or

(c) the collective agreement contains provisions that

(i) are intended to assist employees affected by any technological change to adjust to the effects of the technological change, and

(ii) specify that sections 52, 54 and 55 do not apply, during the term of the collective agreement, to the employer and the bargaining agent.

R.S., 1985, c. L-2, s. 51; 1999, c. 31, s. 162(E).

52. (1) An employer who is bound by a collective agreement and who proposes to effect a technological change that is likely to affect the terms and conditions or security of employment of a significant number of the employer’s employees to whom the collective agreement applies shall give notice of the technological change to the bargaining agent bound by the collective agreement at least one hundred and twenty days prior to the date on which the technological change is to be effected.

(2) The notice referred to in subsection (1) shall be in writing and shall state

(a) the nature of the technological change;

(b) the date on which the employer proposes to effect the technological change;

(c) the approximate number and type of employees likely to be affected by the technological change;

(d) the effect that the technological change is likely to have on the terms and conditions or security of employment of the employees affected; and

(e) such other information as is required by the regulations made pursuant to subsection (4).

(3) An employer who has given notice under subsection (1) to a bargaining agent shall, on request from the bargaining agent, provide the bargaining agent with a statement in writing setting out

(a) a detailed description of the nature of the proposed technological change;

(b) the names of the employees who will initially be likely to be affected by the proposed technological change; and

(c) the rationale for the change.

(4) The Governor in Council, on the recommendation of the Board, may make regulations

(a) specifying the number of employees or the method of determining the number of employees that shall, in respect of any federal work, undertaking or business, be deemed to be “significant” for the purposes of subsections (1) and 54(2); and

(b) requiring any information in addition to the information required by subsection (2) to be included in a notice of technological change.

R.S., 1985, c. L-2, s. 52; 1999, c. 31, s. 152(E).

53. (1) Where a bargaining agent alleges that sections 52, 54 and 55 apply to an employer in respect of an alleged technological change and that the employer has failed to comply with section 52, the bargaining agent may, not later than thirty days after the bargaining agent became aware, or in the opinion of the Board ought to have become aware, of the failure of the employer to comply with section 52, apply to the Board for an order determining the matters so alleged.

(2) On receipt of an application for an order determining the matters alleged under subsection (1) and after affording an opportunity for the parties to make representations, the Board may, by order,

(a) determine that sections 52, 54 and 55 do not apply to the employer in respect of the alleged technological change; or

(b) determine that sections 52, 54 and 55 apply to the employer in respect of the alleged technological change and that the employer has failed to comply with section 52 in respect of the technological change.

(3) The Board may, in any order made under paragraph (2)(b), or by order made after consultation with the parties pending the making of any order under subsection (2),

(a) direct the employer not to proceed with the technological change or alleged technological change for such period, not in excess of one hundred and twenty days, as the Board considers appropriate;

(b) require the reinstatement of any employee displaced by the employer as a result of the technological change; and

(c) where an employee is reinstated pursuant to paragraph (b), require the employer to reimburse the employee for any loss of pay suffered by the employee as a result of their displacement.

(4) An order of the Board made under paragraph (2)(b) in respect of an employer is deemed to be a notice of technological change given by the employer pursuant to section 52, and the Board shall concurrently, by order, grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining for the purpose referred to in subsection 54(1).

R.S., 1985, c. L-2, s. 53; 1998, c. 26, s. 26; 1999, c. 31, s. 162(E).

54. (1) Where a bargaining agent receives notice of a technological change pursuant to section 52, the bargaining agent may, in order to assist the employees affected by the change to adjust to the effects of the change, apply to the Board, within thirty days after the date on which it receives the notice, for an order granting leave to serve on the employer a notice to commence collective bargaining for the purpose of

(a) revising the existing provisions of the collective agreement by which they are bound that relate to terms and conditions or security of employment; or

(b) including new provisions in the collective agreement that relate to terms and conditions or security of employment.

(2) Where the Board has received from a bargaining agent an application for an order under subsection (1), and it is satisfied that the technological change in respect of which the bargaining agent has received notice given pursuant to section 52 is likely, substantially and adversely, to affect the terms and conditions or security of employment of a significant number of employees to whom the collective agreement between the bargaining agent and the employer applies, the Board may, by order, grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining for the purpose referred to in subsection (1).

R.S., c. L-1, s. 152; 1972, c. 18, s. 1.

55. Where a bargaining agent applies to the Board for an order under subsection 54(1), the employer in respect of whom the application is made shall not effect the technological change in respect of which the application is made until

(a) the Board has made an order refusing to grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining; or

(b) the Board has made an order granting leave to the bargaining agent to serve on the employer a notice to commence collective bargaining and

(i) an agreement has been reached as a result of collective bargaining, or

(ii) the requirements of paragraphs 89(1)(a) to (d) have been met.

R.S., c. L-1, s. 153; 1972, c. 18, s. 1.

56. A collective agreement entered into between a bargaining agent and an employer in respect of a bargaining unit is, subject to and for the purposes of this Part, binding on the bargaining agent, every employee in the bargaining unit and the employer.

R.S., c. L-1, s. 154; 1972, c. 18, s. 1.

57. (1) Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties to or employees bound by the collective agreement, concerning its interpretation, application, administration or alleged contravention.

(2) Where any difference arises between parties to a collective agreement that does not contain a provision for final settlement of the difference as required by subsection (1), the difference shall, notwithstanding any provision of the collective agreement, be submitted by the parties for final settlement

(a) to an arbitrator selected by the parties; or

(b) where the parties are unable to agree on the selection of an arbitrator and either party makes a written request to the Minister to appoint an arbitrator, to an arbitrator appointed by the Minister after such inquiry, if any, as the Minister considers necessary.

(3) Where any difference arises between parties to a collective agreement that contains a provision for final settlement of the difference by an arbitration board and either party fails to name its nominee to the board in accordance with the collective agreement, the difference shall, notwithstanding any provision in the collective agreement, be submitted by the parties for final settlement to an arbitrator in accordance with paragraphs (2)(a) and (b).

(4) Where a collective agreement provides for final settlement, without stoppage of work, of differences described in subsection (1) by an arbitrator or arbitration board and the parties or their nominees are unable to agree on the selection of an arbitrator or arbitration board chairperson, as the case may be, either party or its nominee may, notwithstanding anything in the collective agreement, make a written request to the Minister to appoint an arbitrator or arbitration board chairperson, as the case may be.

(5) On receipt of a written request under subsection (4), the Minister shall, after such inquiry, if any, as the Minister considers necessary, appoint an arbitrator or arbitration board chairperson, as the case may be.

(6) Any person appointed or selected pursuant to subsection (2), (3) or (5) as an arbitrator or arbitration board chairperson shall be deemed, for all purposes of this Part, to have been appointed pursuant to the collective agreement between the parties.

R.S., 1985, c. L-2, s. 57; 1998, c. 26, s. 59(E).

58. (1) Every order or decision of an arbitrator or arbitration board is final and shall not be questioned or reviewed in any court.

(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any of their proceedings under this Part.

(3) For the purposes of the Federal Courts Act, an arbitrator appointed pursuant to a collective agreement or an arbitration board is not a federal board, commission or other tribunal within the meaning of that Act.

R.S., 1985, c. L-2, s. 58; 1999, c. 31, s. 153(E); 2002, c. 8, s. 182.

59. A copy of every order or decision of an arbitrator or arbitration board shall be filed with the Minister by the arbitrator or arbitration board chairperson and shall be available to the public in circumstances prescribed by the Governor in Council.

R.S., 1985, c. L-2, s. 59; 1998, c. 26, s. 59(E).

60. (1) An arbitrator or arbitration board has

(a) the powers conferred on the Board by paragraphs 16(a), (b), (c) and (f.1);

(a.1) the power to interpret, apply and give relief in accordance with a statute relating to employment matters, whether or not there is conflict between the statute and the collective agreement;

(a.2) the power to make the interim orders that the arbitrator or arbitration board considers appropriate;

(a.3) the power to consider submissions provided in the form that the arbitrator or the arbitration board considers appropriate or to which the parties agree;

(a.4) the power to expedite proceedings and to prevent abuse of the arbitration process by making the orders or giving the directions that the arbitrator or arbitration board considers appropriate for those purposes; and

(b) power to determine any question as to whether a matter referred to the arbitrator or arbitration board is arbitrable.

(1.1) The arbitrator or arbitration board may extend the time for taking any step in the grievance process or arbitration procedure set out in a collective agreement, even after the expiration of the time, if the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the other party would not be unduly prejudiced by the extension.

(1.2) At any stage of a proceeding before an arbitrator or arbitration board, the arbitrator or arbitration board may, if the parties agree, assist the parties in resolving the difference at issue without prejudice to the power of the arbitrator or arbitration board to continue the arbitration with respect to the issues that have not been resolved.

(2) Where an arbitrator or arbitration board determines that an employee has been discharged or disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject of the arbitration, the arbitrator or arbitration board has power to substitute for the discharge or discipline such other penalty as to the arbitrator or arbitration board seems just and reasonable in the circumstances.

R.S., 1985, c. L-2, s. 60; 1998, c. 26, s. 27.

61. An arbitrator or arbitration board shall determine their own procedure, but shall give full opportunity to the parties to the proceeding to present evidence and make submissions to the arbitrator or arbitration board.

R.S., 1985, c. L-2, s. 61; 1999, c. 31, s. 154(E).

62. Where a difference described in subsection 57(1) is submitted to an arbitration board, the decision of a majority of those comprising the board is the decision of the board, but if a majority of those comprising the board cannot agree on a decision, the decision of the chairperson of the board is the decision of the board.

R.S., 1985, c. L-2, s. 62; 1998, c. 26, s. 59(E).

63. Where a difference described in subsection 57(1) is submitted by the parties to an arbitrator or arbitration board, the costs, fees and expenses with respect to the arbitration proceedings shall, unless the collective agreement otherwise provides or the parties otherwise agree, be borne as follows:

(a) each party shall bear its own costs and shall pay the fees and expenses of any member of the arbitration board who is nominated by it; and

(b) the fees and expenses of an arbitrator or arbitration board chairperson, whether the arbitrator or chairperson is selected by the parties or their nominees or appointed by the Minister under this Part, shall be borne equally by the parties.

R.S., 1985, c. L-2, s. 63; 1998, c. 26, s. 59(E).

64. (1) Every order or decision of an arbitrator or arbitration board shall be made or given within sixty days after, in the case of an arbitrator, their appointment as arbitrator, and, in the case of an arbitration board, the appointment of the arbitration board chairperson, unless

(a) the collective agreement otherwise provides or the parties otherwise agree; or

(b) owing to circumstances beyond the control of the arbitrator or arbitration board, it is not practicable to make or give the order or decision within those sixty days.

(2) For the purposes of subsection (1), any day that is included in a period for which the arbitration proceedings are suspended pursuant to subsection 65(2) shall not be counted as one of the sixty days referred to in subsection (1).

(3) The failure of an arbitrator or arbitration board to make or give any order or decision within the sixty days referred to in subsection (1) does not affect the jurisdiction of the arbitrator or arbitration board to continue with and complete the arbitration proceedings and any order or decision made or given by the arbitrator or arbitration board after the expiration of those sixty days is not for that reason invalid.

R.S., 1985, c. L-2, s. 64; 1998, c. 26, s. 59(E); 1999, c. 31, s. 162(E).

65. (1) Where any question arises in connection with a matter that has been referred to an arbitrator or arbitration board, relating to the existence of a collective agreement or the identification of the parties or employees bound by a collective agreement, the arbitrator or arbitration board, the Minister or any alleged party may refer the question to the Board for determination.

(2) The referral of any question to the Board pursuant to subsection (1) shall not operate to suspend any proceeding before an arbitrator or arbitration board unless the arbitrator or arbitration board decides that the nature of the question warrants a suspension of the proceeding or the Board directs the suspension of the proceeding.

R.S., 1985, c. L-2, s. 65; 1998, c. 26, s. 28.

66. (1) Any person or organization affected by any order or decision of an arbitrator or arbitration board may, after fourteen days from the date on which the order or decision is made or given, or from the date provided in it for compliance, whichever is the later date, file in the Federal Court a copy of the order or decision, exclusive of the reasons therefor.

(2) On filing an order or decision of an arbitrator or arbitration board in the Federal Court under subsection (1), the order or decision shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order or decision were a judgment obtained in the Court.

R.S., c. L-1, s. 159; 1972, c. 18, s. 1; 1977-78, c. 27, s. 57.

67. (1) Where a collective agreement contains no provision as to its term or is for a term of less than one year, the collective agreement shall be deemed to be for a term of one year from the date on which it comes into force and shall not, except as provided by subsection 36(2) or with the consent of the Board, be terminated by the parties thereto within that term of one year.

(2) Nothing in this Part prohibits the parties to a collective agreement from agreeing to a revision of any provision of the collective agreement other than a provision relating to the term of the collective agreement.

(3) The Board may, on application made jointly by both parties to a collective agreement, order that the termination date of the collective agreement be altered for the purpose of establishing a common termination date for two or more collective agreements binding a single employer.

(4) Notwithstanding anything contained in a collective agreement, the provision required to be contained therein by subsection 57(1) shall remain in force after the termination of the collective agreement and until the requirements of paragraphs 89(1)(a) to (d) have been met.

(5) Where a difference between the parties to a collective agreement relating to a provision contained in the collective agreement arises during the period from the date of its termination to the date the requirements of paragraphs 89(1)(a) to (d) have been met,

(a) an arbitrator or arbitration board may hear and determine the difference; and

(b) sections 57 to 66 apply to the hearing and determination.

(6) Where a disagreement concerning the dismissal or discipline of an employee in the bargaining unit arises during the period that begins on the date on which the requirements of paragraphs 89(1)(a) to (d) are met and ends on the date on which a new or revised collective agreement is entered into, the bargaining agent may submit the disagreement for final settlement in accordance with the provisions for the settlement of differences contained in the previous collective agreement. The relevant provisions in the collective agreement and sections 57 to 66 apply, with such modifications as the circumstances require, to the settlement of the disagreement.

R.S., 1985, c. L-2, s. 67; 1998, c. 26, s. 29.

68. Nothing in this Part prohibits the parties to a collective agreement from including in the collective agreement a provision

(a) requiring, as a condition of employment, membership in a specified trade union; or

(b) granting a preference of employment to members of a specified trade union.

R.S., c. L-1, s. 161; 1972, c. 18, s. 1.

69. (1) In this section, “referral” includes assignment, designation, dispatching, scheduling and selection.

(2) Where, pursuant to a collective agreement, a trade union is engaged in the referral of persons to employment, it shall establish rules for the purpose of making such referrals and apply those rules fairly and without discrimination.

(3) Rules applied by a trade union pursuant to subsection (2) shall be kept posted in a conspicuous place in every area of premises occupied by the trade union in which persons seeking referral normally gather.

1977-78, c. 27, s. 58.

70. (1) Where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union forthwith.

(2) Where the Board is satisfied that an employee, because of their religious conviction or beliefs, objects to joining a trade union or to paying regular union dues to a trade union, the Board may order that the provision in a collective agreement requiring, as a condition of employment, membership in a trade union or requiring the payment of regular union dues to a trade union does not apply to that employee so long as an amount equal to the amount of the regular union dues is paid by the employee, either directly or by way of deduction from their wages, to a registered charity mutually agreed on by the employee and the trade union.

(3) Where an employee and the trade union are unable to agree on a registered charity for the purposes of subsection (2), the Board may designate any such charity as the charity to which payment should be made.

(4) In this section,

“registered charity” has the meaning assigned to that expression by the Income Tax Act;

“regular union dues” means, in respect of

(a) an employee who is a member of a trade union, the dues uniformly and regularly paid by a member of the union in accordance with the constitution and by-laws of the union, and

(b) an employee who is not a member of a trade union, the dues referred to in paragraph (a), other than any amount that is for payment of pension, superannuation, sickness insurance or any other benefit available only to members of the union.

R.S., 1985, c. L-2, s. 70; 1999, c. 31, ss. 162(E), 241(F), 246(F).

70.1 (1) The Federal Mediation and Conciliation Service, the employees of which are employees of the Department of Human Resources and Skills Development, advises the Minister of Labour with respect to industrial relations matters and is responsible for fostering harmonious relations between trade unions and employers by assisting them in the negotiation of collective agreements and their renewal and the management of the relations resulting from the implementation of the agreements.

(2) The head of the Federal Mediation and Conciliation Service reports to the Minister in respect of responsibilities relating to the resolution of disputes.

1998, c. 26, s. 30; 2005, c. 34, s. 79.

71. (1) Where a notice to commence collective bargaining has been given under this Part, either party may inform the Minister, by sending a notice of dispute, of their failure to enter into, renew or revise a collective agreement where

(a) collective bargaining has not commenced within the time fixed by this Part; or

(b) the parties have bargained collectively for the purpose of entering into or revising a collective agreement but have been unable to reach agreement.

(2) The party who sends a notice of dispute under subsection (1) must immediately send a copy of it to the other party.

R.S., 1985, c. L-2, s. 71; 1998, c. 26, s. 30.

72. (1) The Minister shall, not later than fifteen days after receiving a notice in writing under section 71,

(a) appoint a conciliation officer;

(b) appoint a conciliation commissioner;

(c) establish a conciliation board in accordance with section 82; or

(d) notify the parties, in writing, of the Minister’s intention not to appoint a conciliation officer or conciliation commissioner or establish a conciliation board.

(2) Where the Minister has not received a notice under section 71 but considers it advisable to take any action set out in paragraph (1)(a), (b) or (c) for the purpose of assisting the parties in entering into or revising a collective agreement, the Minister may take such action.

(3) The Minister may only take one action referred to in this section with respect to any particular dispute involving a bargaining unit.

R.S., 1985, c. L-2, s. 72; 1998, c. 26, s. 31; 1999, c. 31, s. 155(E).

73. (1) Where a conciliation officer has been appointed under subsection 72(1), the Minister shall forthwith deliver to the officer a copy of the notice given under section 71 in respect of the dispute.

(2) Where a conciliation officer has been appointed under section 72, the conciliation officer shall

(a) forthwith after the appointment, confer with the parties to the dispute and endeavour to assist them in entering into or revising a collective agreement; and

(b) within fourteen days after the date of the appointment or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to whether or not the officer has succeeded in assisting the parties in entering into or revising a collective agreement.

R.S., 1985, c. L-2, s. 73; 1998, c. 26, s. 32.

74. (1) Where a conciliation commissioner has been appointed or a conciliation board has been established, the Minister must immediately deliver to the conciliation commissioner or the members of the conciliation board a copy of the notice of dispute sent under section 71 and may, until their report has been submitted, refer other questions to them.

(2) Where a conciliation commissioner has been appointed or a conciliation board has been established under subsection 72(1), the conciliation commissioner or conciliation board shall

(a) immediately endeavour to assist the parties to the dispute in entering into or revising a collective agreement; and

(b) within fourteen days after the date of appointment or establishment, or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to the commissioner’s or board’s success or failure in assisting the parties to the dispute and as to their findings and recommendations.

(3) The report of the majority of the members of a conciliation board is the report of the conciliation board, except where each member of the conciliation board makes a report, in which case the report made by the person appointed by the Minister as a member and chairperson of the conciliation board is the report of the conciliation board.

R.S., 1985, c. L-2, s. 74; 1998, c. 26, s. 33.

75. (1) Except with the consent of the parties, the Minister may not extend the time for a conciliation officer to report, or for a conciliation commissioner or conciliation board to submit a report, beyond sixty days after the date of appointment or establishment.

(2) The conciliation officer is deemed to have reported sixty days after the date on which that officer was appointed or at the end of the extended time limit to which the parties consent, unless she or he actually reports earlier.

(3) The Minister is deemed to have received the report of the conciliation commissioner or conciliation board sixty days after the date on which the conciliation commissioner was appointed or the board was established or at the end of the extended time limit to which the parties consent, unless the Minister actually receives the report earlier.

R.S., 1985, c. L-2, s. 75; 1998, c. 26, s. 33.

76. After a conciliation commissioner or conciliation board has submitted their report, the Minister may direct the conciliation commissioner or conciliation board to reconsider the report and clarify or amplify any part of it.

R.S., 1985, c. L-2, s. 76; 1998, c. 26, s. 33.

77. After receiving the report of a conciliation commissioner or conciliation board, the Minister

(a) immediately releases a copy of the report to the parties to the dispute; and

(b) may make the report available to the public in a manner that the Minister considers advisable.

R.S., 1985, c. L-2, s. 77; 1998, c. 26, s. 33.

78. Where a conciliation commissioner or conciliation board has been appointed or established in respect of a dispute, the parties, at any time before the report of the conciliation commissioner or conciliation board is made, may agree in writing to be bound by the recommendations of the conciliation commissioner or conciliation board and, on their making, shall give effect to those recommendations.

R.S., 1985, c. L-2, s. 78; 1998, c. 26, s. 33.

79. (1) Despite any other provision of this Part, an employer and a bargaining agent may agree in writing, as part of a collective agreement or otherwise, to refer any matter respecting the renewal or revision of a collective agreement or the entering into of a new collective agreement to a person or body for final and binding determination.

(2) The agreement suspends the right to strike or lockout and constitutes an undertaking to implement the determination.

R.S., 1985, c. L-2, s. 79; 1998, c. 26, s. 33.

80. (1) Where an employer or a bargaining agent is required, by notice given under section 48, to commence collective bargaining for the purpose of entering into the first collective agreement between the parties with respect to the bargaining unit for which the bargaining agent has been certified and the requirements of paragraphs 89(1)(a) to (d) have otherwise been met, the Minister may, if the Minister considers it necessary or advisable, at any time thereafter direct the Board to inquire into the dispute and, if the Board considers it advisable, to settle the terms and conditions of the first collective agreement between the parties.

(2) The Board shall proceed as directed by the Minister under subsection (1) and, if the Board settles the terms and conditions of a first collective agreement referred to in that subsection, those terms and conditions shall constitute the collective agreement between the parties and shall be binding on them and on the employees in the bargaining unit, except to the extent that such terms and conditions are subsequently amended by the parties by agreement in writing.

(3) In settling the terms and conditions of a first collective agreement under this section, the Board shall give the parties an opportunity to present evidence and make representations and the Board may take into account

(a) the extent to which the parties have, or have not, bargained in good faith in an attempt to enter into the first collective agreement between them;

(b) the terms and conditions of employment, if any, negotiated through collective bargaining for employees performing the same or similar functions in the same or similar circumstances as the employees in the bargaining unit; and

(c) such other matters as the Board considers will assist it in arriving at terms and conditions that are fair and reasonable in the circumstances.

(4) Where the terms and conditions of a first collective agreement are settled by the Board under this section, the agreement is effective for a period of two years after the date on which the Board settles the terms and conditions of the collective agreement.

R.S., 1985, c. L-2, s. 80; 1998, c. 26, s. 34.

81. (1) A conciliation board shall consist of three members appointed in the manner specified in section 82.

(2) A person is not eligible to be a member of a conciliation board if the person has a pecuniary interest that may be directly affected by any matter referred to the board.

R.S., c. L-1, s. 172; 1972, c. 18, s. 1.

82. (1) Where the Minister has, pursuant to section 72, decided to establish a conciliation board, the Minister shall immediately, by notice in writing, require each of the parties to the dispute to nominate, within seven days after receipt by the party of the notice, one person to be a member of the conciliation board and, on receipt of the nomination within those seven days, the Minister shall appoint the nominee to be a member of the conciliation board.

(2) Where either party to whom a notice is given pursuant to subsection (1) fails or neglects to nominate a person to be a member of the conciliation board to be established by the Minister within seven days after the receipt by that party of the notice, the Minister shall appoint, as a member of the conciliation board, a person the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed on the nomination of that party.

(3) The members of a conciliation board appointed under subsection (1) or (2) shall, within five days after the appointment of the second member, nominate a third person, who is willing and ready to act, to be a member and chairperson of the conciliation board, and the Minister shall appoint that person to be a member and chairperson of the conciliation board.

(4) Where the members of a conciliation board appointed under subsection (1) or (2) fail or neglect to nominate a chairperson within five days after the appointment of the second such member, the Minister shall forthwith appoint, as the third member and chairperson of the conciliation board, a person whom the Minister considers qualified to be a member and chairperson of the conciliation board.

R.S., 1985, c. L-2, s. 82; 1998, c. 26, ss. 35(E), 59(E).

83. When the members of a conciliation board have been appointed under section 82 in respect of a dispute, the Minister shall forthwith give notice to the parties of the names of the members of the board, and thereupon it shall be conclusively presumed that the conciliation board described in the notice has been established in accordance with this Part as of the date the notice is given.

1972, c. 18, s. 1.

84. A conciliation commissioner or a conciliation board

(a) may determine their own procedure;

(b) has, in relation to any proceeding before them, the powers conferred on the Board, in relation to any proceeding before the Board, by paragraphs 16(a), (b), (c), (f) and (h); and

(c) may authorize any person to do anything described in paragraph 16(b) or (f) that the conciliation commissioner or conciliation board may do and to report to the conciliation commissioner or conciliation board thereon.

R.S., 1985, c. L-2, s. 84; 1999, c. 31, s. 156.

85. (1) The chairperson of a conciliation board shall

(a) after consultation with the other members of the board, fix the time and place of sittings of the conciliation board;

(b) notify the parties to the dispute of the time and place so fixed; and

(c) at the conclusion of the sittings of the conciliation board, send to the Minister a detailed certified statement as to those sittings and as to the members of the conciliation board and witnesses present at each sitting.

(2) The chairperson and one other member of a conciliation board constitute a quorum but, in the absence of any member, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.

(3) Where a person ceases to be a member of a conciliation board before the board has completed its work, another member shall be nominated and appointed in their place in accordance with section 82.

R.S., 1985, c. L-2, s. 85; 1998, c. 26, s. 59(E); 1999, c. 31, s. 162(E).

86. No order shall be made, process entered or proceeding taken in any court

(a) to question the appointment of, or refusal to appoint, a conciliation officer or conciliation commissioner, or the establishment of, or the refusal to establish, a conciliation board; or

(b) to review, prohibit or restrain any proceeding of a conciliation officer, conciliation commissioner or conciliation board.

R.S., 1985, c. L-2, s. 86; 1998, c. 26, s. 36.

87. No report of a conciliation commissioner or conciliation board, and no testimony or record of proceedings before a conciliation commissioner or conciliation board, are admissible in evidence in any court in Canada, except in the case of a prosecution for perjury.

1972, c. 18, s. 1.