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

Section 88 Disposition versions

2023-12-13

88. The institution concerned and the association of employees newly certified under section 79 negotiate the matters defined as being the subject of clauses negotiated and agreed at the local or regional level by the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2) from, as applicable,

(1)  the date on which the new association of employees is certified, where the collective agreement of each certified association of employees referred to in paragraph 1 of section 73, in force on the day before the date on which the new association of employees is certified, includes clauses negotiated and agreed at the national level; or

(2)  the date on which the new association of employees is bound by the clauses contemplated in section 44 of that Act, in any other case.

The parties have 24 months from the date determined under the first paragraph to agree on those clauses. Failing agreement within those 24 months on a matter that is the subject of clauses negotiated and agreed at the local or regional level, the institution must, in the ensuing 10 days, request the Minister of Labour to appoint a mediator-arbitrator to settle the disagreement, informing the association of employees of the request.

However, during the first 12 months, failing agreement, the parties may jointly request the Minister of Labour to appoint a mediator-arbitrator to settle the disagreement. On the expiry of the first 12 months, either of the parties may make such a request to the Minister of Labour in the ensuing 12 months, informing the other party of the request.

2003, c. 25, s. 88; 2023, c. 34, s. 1444.

2003-12-18

88. From the date on which the new association of employees is certified, the institution concerned and the association of employees newly certified under section 79 negotiate the matters defined as being the subject of clauses negotiated and agreed at the local or regional level by the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

The parties have 24 months from the date on which the new association of employees is certified to agree on those clauses. Failing agreement within those 24 months on a matter that is the subject of clauses negotiated and agreed at the local or regional level, the institution must, in the ensuing 10 days, request the Minister of Labour to appoint a mediator-arbitrator to settle the disagreement, informing the association of employees of the request.

However, during the first 12 months, failing agreement, the parties may jointly request the Minister of Labour to appoint a mediator-arbitrator to settle the disagreement. On the expiry of the first 12 months, either of the parties may make such a request to the Minister of Labour in the ensuing 12 months, informing the other party of the request.

2003, c. 25, s. 88.