U-0.1 - Act respecting bargaining units in the social affairs sector

Section 36 Disposition versions

2015-04-01

36. Except where the certification of an association of employees is revoked under section 24, the clauses negotiated and agreed at the national level of the collective agreement of each certified association of employees referred to in paragraph 1 of section 14, in force on the day before the date on which the new association of employees is certified, and the local arrangements that relate to it continue to apply for employees covered by those clauses until the date that is 30 days after the date on which the new association of employees is certified.

After that period, the clauses negotiated and agreed at the national level of the collective agreement of the newly certified association of employees and the local arrangements that relate to it apply for all employees included in the new bargaining unit. The first, second and third paragraphs of section 37 apply, with the necessary modifications, to those clauses and arrangements. The seniority lists referred to in the third paragraph of that section are posted within 30 days after the date of the end of the pay period that includes the date of coming into force of the clauses and arrangements.

The clauses negotiated and agreed at the local or regional level of a collective agreement of each certified association of employees referred to in paragraph 1 of section 14, in force on the day before the date on which the new association of employees is certified, continue to apply for employees covered by those clauses until the date of coming into force of the new clauses negotiated and agreed at the local or regional level. However, the parties, at the local or regional level, may, for the period between the date on which the new association is certified and the date of coming into force of the new clauses negotiated and agreed at the local or regional level, agree to apply all or some of the clauses negotiated and agreed at the local or regional level that apply to the newly certified association of employees and that were applicable to it on the day before the date on which it was certified. Likewise, if the new association of employees is certified in accordance with paragraph 4 of section 20, the local parties may, for the same period, agree to apply all or some of the clauses negotiated and agreed at the local or regional level that apply to one of the employee associations having agreed to merge into a single association and that were applicable to it on the day before the date on which it was certified. The first three paragraphs of section 37 apply, with the necessary modifications, to the clauses subject to the agreement, and the seniority lists referred to are posted within 30 days after the date of the end of the pay period that includes the date of coming into force of the agreement.

As of the date of coming into force of an agreement relating to a matter negotiated and agreed at the local or regional level, the corresponding replaced clauses cease to apply. The institution and the association of employees certified to represent the employees of a class of personnel governed by this Act may agree to bring the clauses negotiated and agreed at the local or regional level into force on different dates.

2003, c. 25, s. 36; 2015, c. 1, s. 167.

2005-08-24

36. Except where the certification of an association of employees is revoked under section 24, and despite section 9, the collective agreement of each certified association of employees referred to in paragraph 1 of section 14, in force on the day before the date on which the new association of employees is certified, and the local arrangements that relate to it continue to apply for employees covered by each of those collective agreements. The integrating institution or the new institution resulting from the amalgamation and the newly certified association of employees may, however, agree to apply the collective agreement of the newly certified association of employees and the local arrangements relating to it to all the employees included in the new bargaining unit.

From the date on which the new association of employees is certified, the collective agreement of the newly certified association of employees and the local arrangements that relate to it apply to employees who were not represented by a certified association of employees on the day preceding the date of integration or amalgamation.

As of the date of coming into force of an agreement relating to a matter negotiated and agreed at the local or regional level, the clauses negotiated and agreed at the national level and the local arrangements regarding that matter cease to apply. The institution and the newly certified association of employees may agree to bring the clauses negotiated and agreed at the local or regional level into force on different dates.

The new clauses negotiated and agreed at the national level after the date on which the new association of employees is certified take effect on the date set out in those clauses. The local arrangements relating to the clauses of the previous collective agreement, which are replaced by the new clauses, cease to apply on that date.

2003, c. 25, s. 36.