Employees’ Voting Rights Act (S.C. 2014, c. 40)

Assented to 2014-12-16

Employees’ Voting Rights Act

S.C. 2014, c. 40

Assented to 2014-12-16

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent)

SUMMARY

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to provide that the certification and decertification of a bargaining agent under these Acts must be achieved by a secret ballot vote-based majority.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Employees’ Voting Rights Act.

R.S., c. L-2CANADA LABOUR CODE

 Section 28 of the Canada Labour Code is replaced by the following:

Marginal note:Duty to certify trade union
  • 28. (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a unit who have cast a ballot have voted to have a trade union represent them as their bargaining agent, the Board shall, subject to this Part, certify the trade union as the bargaining agent for the unit.

  • Marginal note:Representation vote

    (2) The Board shall order that a secret ballot representation vote be taken among the employees in a unit if the Board

    • (a) has received from a trade union an application for certification as the bargaining agent for the unit;

    • (b) has determined that the unit constitutes a unit appropriate for collective bargaining; and

    • (c) is satisfied on the basis of evidence of membership in the trade union that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the trade union represent them as their bargaining agent.

  •  (1) Subsection 29(1) of the Act is repealed.

  • (2) Subsection 29(2) of the Act is repealed.

  •  (1) Subsection 38(1) of the Act is replaced by the following:

    Marginal note:Application for revocation of certification
    • 38. (1) If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent at least 40% of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order revoking the certification of that trade union.

  • (2) Subsection 38(3) of the Act is replaced by the following:

    • Marginal note:Application for order that bargaining agent not entitled to represent bargaining unit

      (3) If a collective agreement applicable to a bargaining unit is in force but the bargaining agent that is a party to the collective agreement has not been certified by the Board, any employee who claims to represent at least 40% of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order declaring that the bargaining agent is not entitled to represent the employees in the bargaining unit.

 Subsections 39(1) and (2) of the Act are replaced by the following:

Marginal note:Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit

39. If the Board has received an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, the Board shall grant the order if

  • (a) it is satisfied on the basis of written evidence that, as of the date of the filing of the application, at least 40% of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, and

  • (b) it is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in the bargaining unit who have cast a ballot no longer wish to be represented by the bargaining agent.

R.S., c.33 (2nd Supp.)PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS ACT

 Section 25 of the Parliamentary Employment and Staff Relations Act is replaced by the following:

Marginal note:Duty to certify employee organization
  • 25. (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have an employee organization represent them as their bargaining agent, the Board shall, subject to this Part, certify the employee organization as bargaining agent for the employees in the unit.

  • Marginal note:Representation vote

    (2) The Board shall direct that a secret ballot representation vote be taken among a group of employees if the Board

    • (a) has received from an employee organization an application for certification as bargaining agent for a bargaining unit in accordance with this Part;

    • (b) has determined, in accordance with section 23, that the group of employees constitutes a unit appropriate for collective bargaining;

    • (c) is satisfied on the basis of evidence of membership in the employee organization that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the employee organization represent them as their bargaining agent; and

    • (d) is satisfied that the persons representing the employee organization in the making of the application have been duly authorized to make the application.

  •  (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Powers of Board in relation to certification
    • 26. (1) For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in subsection 25(1) and paragraphs 25(2)(c) and (d), the Board may

  • (2) Subsection 26(2) of the Act is repealed.

  • (3) The portion of subsection 26(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Arrangements to be made for representation vote

      (3) If the Board directs that a representation vote be taken, the Board shall

  •  (1) Subsection 29(1) of the Act is replaced by the following:

    Marginal note:Application for declaration that employee organization no longer represents employees
    • 29. (1) If a collective agreement or an arbitral award is in force in respect of a bargaining unit, any person claiming to represent at least 40% of the employees in the bargaining unit may, in accordance with subsection (2), apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees therein.

  • (2) Subsections 29(3) to (5) of the Act are replaced by the following:

    • Marginal note:Where no collective agreement or award in force

      (3) If no collective agreement or arbitral award is in force in respect of a bargaining unit, any person claiming to represent at least 40% of the employees in the bargaining unit may, at any time after the expiration of twelve months from the date of certification of the bargaining agent for that bargaining unit, apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees therein.

    • Marginal note:Taking of representation vote

      (4) On an application under subsection (1) or (3), if the Board is satisfied on the basis of written evidence that, as of the date of the filing of an application for a declaration made under subsection (1) or (3), as the case may be, at least 40% of the employees in the bargaining unit no longer wish to have the employee organization represent them, the Board shall order that a secret ballot representation vote be taken. The provisions of subsection 26(3) apply in relation to the taking of the vote.

    • Marginal note:Revocation of certification of employee organization

      (5) On an application under subsection (1) or (3), if after conducting the secret ballot representation vote referred to in subsection (4), the Board is satisfied that a majority of the employees in the bargaining unit who have cast a ballot no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

2003, c. 22, s. 2PUBLIC SERVICE LABOUR RELATIONS ACT

 Subsection 64(1) of the Public Service Labour Relations Act is replaced by the following:

Marginal note:Duty to certify employee organization
  • 64. (1) If the Board is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in a proposed bargaining unit who have cast a ballot have voted to have the applicant employee organization represent them as their bargaining agent, the Board must, subject to this Part, certify the employee organization as the bargaining agent for the unit.

  • Marginal note:Representation vote

    (1.1) After having determined a unit appropriate for collective bargaining, the Board must order that a secret ballot representation vote be taken among the employees in the unit if it is satisfied

    • (a) on the basis of evidence of membership in the employee organization that, as of the date of the filing of the application, at least 40% of the employees in the unit wish to have the employee organization represent them as their bargaining agent;

    • (b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and

    • (c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.

 Subsection 65(1) of the Act is repealed.

 Subsection 94(1) of the Act is replaced by the following:

Marginal note:When employee organization no longer represents employees
  • 94. (1) Any person claiming to represent at least 40% of the employees in the bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit.

 Sections 95 and 96 of the Act are replaced by the following:

Marginal note:Taking of representation vote

95. If the Board is satisfied on the basis of written evidence that, as of the date of the filing of an application for a declaration made under subsection 94(1), at least 40% of the employees in the bargaining unit no longer wish to have the employee organization represent them, the Board shall order that a representation vote be taken. The provisions of subsection 65(2) apply in relation to the taking of the vote.

Marginal note:Revocation of certification

96. If, after conducting the representation vote referred to in section 95, the Board is satisfied that a majority of the employees in the bargaining unit who have cast a ballot no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

COMING INTO FORCE

Marginal note:Six months after royal assent

 This Act comes into force six months after the day on which it receives royal assent.

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