Organization Profile - Federal Public Sector Labour Relations and Employment Board

Federal Public Sector Labour Relations and Employment Board

Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs

Federal Public Sector Labour Relations and Employment Board Act

The Board is composed of:

• a Chairperson, who is to hold office on a full-time basis;
• not more than two Vice-Chairpersons, who are to hold office on a full-time basis;
• not more than 12 other members who are to hold office on a full-time basis; and
• any part-time members that the Governor in Council considers necessary to carry out the Board’s powers, duties and functions.

The appointment of members, other than the Chairperson and the Vice-Chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.

Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in the exercise of their powers and the performance of their duties and functions.

A full-time member must reside in the National Capital Region as it is described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.

Each member is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office during good behaviour and may be removed by the Governor in Council for cause.

A full-time member may be appointed for a term of office that is not more than five years and a part-time member may be appointed for a term of office that is not more than three years.

A member is eligible for reappointment on the expiry of any term of office.

A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any duties or functions that they would otherwise have had in connection with any matter that came before the Board while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.

If the Chairperson is absent or unable to act or the office of Chairperson is vacant, a Vice-Chairperson designated by the Minister is to act as Chairperson.

If the Chairperson and the Vice-Chairpersons are absent or unable to act, or all of those offices are vacant, the Minister may designate a member to act as Chairperson but no member so designated has authority to act as Chairperson for more than 90 days without the Governor in Council’s approval.

To be eligible to hold office as a member, a person must :

1. be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
2. not hold any other office or employment under the employer, as defined in subsection 2(1) of the Public Service Labour Relations Act;
3. not be a member of or hold an office or employment under an employee organization, as defined in subsection 2(1) of the Public Service Labour Relations Act, that is certified as a bargaining agent; and
4. not accept any office or employment, or carry on any activity, that is inconsistent with the person’s duties or functions.

Despite b) above, a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers, duties and functions similar to those of the Board.

Every member, other than the Chairperson or a Vice-Chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.

The Chairperson must set out on the list:

• the names of all eligible persons who are recommended by the employer;
• the names of all eligible persons who are recommended by the bargaining agents; and
• the names of any other eligible persons whom the Chairperson considers suitable for appointment.

The Chairperson, one Vice-Chairperson and a majority of the other full-time members constitute a quorum at a meeting of the Board.

Every member and former member who ceases to be a member for any reason other than removal may be paid the remuneration that may be determined by the Governor in Council; and is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.