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

Act current to 2014-10-15 and last amended on 2014-10-12. Previous Versions

Marginal note:Result of representation vote
  •  (1) Subject to subsection (2), the Board shall determine the result of a representation vote on the basis of the ballots cast by the majority of employees voting.

  • Marginal note:Idem

    (2) Where, on considering the result of a representation vote, the Board determines that less than thirty-five per cent of the employees who are eligible to vote have voted, the Board shall determine that the representation vote is void.

  • Marginal note:Idem

    (3) A vote by the majority of the employees voting in a representation vote is evidence that a majority of employees in the unit in respect of which the vote was ordered are of the opinion expressed in the vote of the majority of employees voting.

  • R.S., c. L-1, s. 129;
  • 1972, c. 18, s. 1.
Marginal note:Council of trade unions
  •  (1) Where two or more trade unions have formed a council of trade unions, the council so formed may apply to the Board for certification as the bargaining agent for a unit in the same manner as a trade union.

  • Marginal note:Certification of council of trade unions

    (2) The Board may certify a council of trade unions as the bargaining agent for a bargaining unit where the Board is satisfied that the requirements for certification prescribed by or pursuant to this Part have been met.

  • Marginal note:Membership in council of trade unions

    (3) Membership in any trade union that forms part of a council of trade unions is deemed to be membership in the council of trade unions.

  • Marginal note:Council of trade unions bound by collective agreement

    (4) Where a council of trade unions is certified by the Board as the bargaining agent for a bargaining unit,

    • (a) the council of trade unions and each trade union forming the council of trade unions is bound by any collective agreement entered into by the council of trade unions and the employer concerned; and

    • (b) this Part applies, except as otherwise provided, as if the council of trade unions were a trade union.

  • R.S., c. L-1, s. 130;
  • 1972, c. 18, s. 1;
  • 1977-78, c. 27, s. 48.
Marginal note:Designation of employers’ organization
  •  (1) Where a trade union applies for certification as the bargaining agent for a unit comprised of employees of two or more employers who have formed an employers’ organization, the Board may designate the employers’ organization to be the employer if it is satisfied that each of the employers forming the employers’ organization has granted appropriate authority to the employers’ organization to enable it to discharge the duties and responsibilities of an employer under this Part.

  • Marginal note:New members

    (1.1) The Board may, on application by the employers’ organization, include in the designation referred to in subsection (1) any employer that becomes a member of the employers’ organization if it is satisfied that that employer has granted appropriate authority to the employers’ organization to enable the employers’ organization to discharge the duties and responsibilities of an employer and that such an inclusion would ensure the fulfilment of the objectives of this Part.

  • Marginal note:Designated employers’ organization deemed to be employer

    (2) Where the Board designates an employers’ organization as an employer pursuant to subsection (1),

    • (a) the employers’ organization and each employer forming the employers’ organization is bound by any collective agreement entered into by the employers’ organization and the trade union concerned; and

    • (b) this Part applies, except as otherwise provided, as if the employers’ organization were an employer.

  • Marginal note:Employer ceasing to be member of employers’ organization

    (3) Where an employer ceases to be a member of an employers’ organization or withdraws the authority referred to in subsection (1) or (1.1) that the employer granted to the employers’ organization, the employer

    • (a) continues to be bound by any collective agreement applicable to the employer’s employees that was entered into by the employers’ organization; and

    • (b) may be required to commence collective bargaining in accordance with section 48.

  • R.S., 1985, c. L-2, s. 33;
  • 1998, c. 26, s. 15;
  • 1999, c. 31, s. 151(E).