Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2014-11-11 and last amended on 2014-11-01. Previous Versions

Marginal note:Exception

 A trade union that is not certified but has entered into a collective agreement the term of which has not expired may, despite paragraphs 24(2)(c) and (d), make an application for certification at any time, in respect of the unit to which the collective agreement applies or substantially the same unit.

  • 1998, c. 26, s. 12.
Marginal note:Where certification prohibited
  •  (1) Notwithstanding anything in this Part, where the Board is satisfied that a trade union is so dominated or influenced by an employer that the fitness of the trade union to represent employees of the employer for the purpose of collective bargaining is impaired, the Board shall not certify the trade union as the bargaining agent for any unit comprised of employees of the employer and any collective agreement between the trade union and the employer that applies to any such employees shall be deemed not to be a collective agreement for the purposes of this Part.

  • Marginal note:Idem

    (2) Notwithstanding anything in this Part, where the Board is satisfied that a trade union denies membership in the trade union to any employee or class of employees in a bargaining unit by virtue of a policy or practice that the trade union applies relating to qualifications for membership in the trade union, the Board shall not certify the trade union as the bargaining agent for the bargaining unit and any collective agreement between the trade union and the employer of the employees in the bargaining unit that applies to the bargaining unit shall be deemed not to be a collective agreement for the purposes of this Part.

  • R.S., c. L-1, s. 134;
  • 1972, c. 18, s. 1.
Marginal note:Where certification prohibited

 The Board shall not certify a trade union as, and a trade union shall not act as, the bargaining agent for both a bargaining unit comprised of private constables and a bargaining unit comprised of employees other than private constables if any or all of the employees in both such bargaining units are employed by the same employer.

  • R.S., c. L-1, s. 135;
  • 1972, c. 18, s. 1.

Determination of Bargaining Units

Marginal note:Determination of appropriate unit
  •  (1) Where a trade union applies under section 24 for certification as the bargaining agent for a unit that the trade union considers appropriate for collective bargaining, the Board shall determine the unit that, in the opinion of the Board, is appropriate for collective bargaining.

  • Marginal note:Idem

    (2) In determining whether a unit constitutes a unit that is appropriate for collective bargaining, the Board may include any employees in or exclude any employees from the unit proposed by the trade union.

  • Marginal note:Professional employees

    (3) Where a trade union applies under section 24 for certification as the bargaining agent for a unit comprised of or including professional employees, the Board, subject to subsections (2) and (4), shall determine that the unit appropriate for collective bargaining is a unit comprised of only professional employees, unless such a unit would not otherwise be appropriate for collective bargaining.

  • Marginal note:Idem

    (4) In determining that a unit is appropriate for collective bargaining under subsection (3), the Board may include in the unit

    • (a) professional employees of more than one profession; and

    • (b) employees performing the functions, but lacking the qualifications, of a professional employee.

  • Marginal note:Supervisory employees

    (5) Where a trade union applies for certification as the bargaining agent for a unit comprised of or including employees whose duties include the supervision of other employees, the Board may, subject to subsection (2), determine that the unit proposed in the application is appropriate for collective bargaining.

  • Marginal note:Private constables

    (6) The Board shall not include a private constable in a unit with other employees.

  • R.S., c. L-1, s. 125;
  • 1972, c. 18, s. 1.