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

Marginal note:Notice to bargain to enter into a collective agreement

48. Where the Board has certified a bargaining agent for a bargaining unit and no collective agreement binding on the employees in the bargaining unit is in force, the bargaining agent may, by notice, require the employer of those employees, or the employer may, by notice, require the bargaining agent to commence collective bargaining for the purpose of entering into a collective agreement.

Marginal note:Notice to bargain to renew or revise a collective agreement or enter a new collective agreement

• 49. (1) Either party to a collective agreement may, within the period of four months immediately preceding the date of expiration of the term of the collective agreement, or within the longer period that may be provided for in the collective agreement, by notice, require the other party to the collective agreement to commence collective bargaining for the purpose of renewing or revising the collective agreement or entering into a new collective agreement.

• Marginal note:Idem

  (2) Where a collective agreement provides that any provision of the collective agreement may be revised during the term of the collective agreement, a party entitled to do so by the collective agreement may, by notice, require the other party to commence collective bargaining for the purpose of revising the provision.

Marginal note:Duty to bargain and not to change terms and conditions

50. Where notice to bargain collectively has been given under this Part,

• (a) the bargaining agent and the employer, without delay, but in any case within twenty days after the notice was given unless the parties otherwise agree, shall

  • (i) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith, and

  • (ii) make every reasonable effort to enter into a collective agreement; and

• (b) the employer shall not alter the rates of pay or any other term or condition of employment or any right or privilege of the employees in the bargaining unit, or any right or privilege of the bargaining agent, until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the bargaining agent consents to the alteration of such a term or condition, or such a right or privilege.

Definition of “technological change”

• 51. (1) In this section and sections 52 to 55, “technological change” means

  • (a) the introduction by an employer into their work, undertaking or business of equipment or material of a different nature or kind than that previously utilized by the employer in the operation of the work, undertaking or business; and

  • (b) a change in the manner in which the employer carries on the work, undertaking or business that is directly related to the introduction of that equipment or material.

• Marginal note:Application of sections 52, 54 and 55

  (2) Sections 52, 54 and 55 do not apply, in respect of a technological change, to an employer and a bargaining agent who are bound by a collective agreement where

  • (a) the employer has given to the bargaining agent a notice in writing of the technological change that is substantially in accordance with subsection 52(2),

    • (i) prior to the day on which the employer and the bargaining agent entered into the collective agreement, if the notice requiring the parties to commence collective bargaining for the purpose of entering into that collective agreement was given pursuant to section 48, or

    • (ii) not later than the last day on which notice requiring the parties to commence collective bargaining for the purpose of entering into the collective agreement could have been given pursuant to subsection 49(1), if the notice was given under that subsection;

  • (b) the collective agreement contains provisions that specify procedures by which any matters that relate to terms and conditions or security of employment likely to be affected by a technological change may be negotiated and finally settled during the term of the agreement; or

  • (c) the collective agreement contains provisions that

    • (i) are intended to assist employees affected by any technological change to adjust to the effects of the technological change, and

    • (ii) specify that sections 52, 54 and 55 do not apply, during the term of the collective agreement, to the employer and the bargaining agent.