Proceedings of the Standing Senate Committee on
National Security and Defence

Issue No. 5 - Fourth Report of the Committee

Tuesday, June 14, 2016

The Standing Senate Committee on National Security and Defence has the honour to present its

FOURTH REPORT

Your committee, to which was referred Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures, has, in obedience to the order of reference of June 2, 2016, examined the said bill and now reports the same with the following amendments:

1. New clause 4.1, page 3: Add after line 16, the following:

"4.1 The Act is amended by adding the following after section 7:

7.1 Nothing in this Act is to be construed as affecting the human resources management powers conferred on the Commissioner of the Royal Canadian Mounted Police by the Royal Canadian Mounted Police Act.''.

2. Clause 10, page 4:

(a) Replace line 27 with the following:

"10 (1) Subsection 64(1) of the Act is replaced by the''; and

(b) Add after line 36 the following:

"(2) Subsection 64(3) of the Act is replaced by the following:

(3) For the purpose of paragraph (1.1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council.''.

3. Clause 17, page 6: Replace line 15 with the following:

"144 (1) Subject to section 150, after estab-''.

4. Clause 33, pages 18 to 22:

(a) On page 18, replace line 3 with the following:

"group only if it is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in the proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent and that the employee organiza-''.

(b) on page 19, delete lines 29 to 39;

(c) on page 20,

(i) delete lines 1 to 19, and

(ii) delete lines 33 to 37;

(d) on page 21, delete lines 1 to 34; and

(e) on page 22,

(i) replace lines 20 and 21 with the following:

"pretation or application, in respect of the employee, of

(a) a provision of a collective agreement or an arbitral award; or

(b) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment.''; and

(ii) replace lines 26 to 29 with the following:

"employee's satisfaction.''.

5. Clause 40, page 29: replace line 5 with the following:

"collective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment must be presented''.

6. Clause 51, page 32: Replace lines 12 and 13 with the following:

"compensation may not be inconsistent with section 113 of the Federal Public Sector Labour Relations''.

7. Clause 53, page 32: Replace line 29 with the following:

"section 150 of that Act, make an arbitral''.

8. Clause 62, page 40: Replace line 14 with the following:

"lective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, is deemed''.

9. Clause 68, page 46: Replace lines 35 and 36 with the following:

"be, of a provision of a collective agreement or an arbitral award, or of a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, and alleges that the employer has engaged in a dis-''.

10. Clause 69, pages 49 and 50:

(a) On page 49,

(i) replace lines 33 and 34 with the following:

"or application, in respect of the employee, of

(a) a provision of a collective agreement or an arbitral award; or

(b) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment.'', and

(ii) replace lines 39 and 40 with the following:

"for the bargaining unit, unless the grievance''; and

(b) on page 50,

(i) replace lines 1 and 2 with the following:

"alleges that the employer has engaged in'',

(ii) replace lines 6 to 8 with the following:

"(2), an individual grievance that al-'',

(iii) replace lines 30 to 33 with the following:

"employee's satisfaction, whether or not it alleges that the employer has'', and

(iv) replace lines 40 to 43 with the following:

"in the adjudication proceedings, unless the grievance alleges that the employer has engaged in''.

Respectfully submitted,

DANIEL LANG

Chair