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

Act current to 2014-10-27 and last amended on 2014-10-12. Previous Versions

Access to Employees

Marginal note:Application for access order
  •  (1) Where the Board receives from a trade union an application for an order granting an authorized representative of the trade union access to employees living in an isolated location on premises owned or controlled by their employer or by any other person, the Board may make an order granting the authorized representative of the trade union designated in the order access to the employees on the premises of their employer or such other person, as the case may be, that are designated in the order if the Board determines that access to the employees

    • (a) would be impracticable unless permitted on premises owned or controlled by their employer or by such other person; and

    • (b) is reasonably required for purposes relating to soliciting union memberships, the negotiation or administration of a collective agreement, the processing of a grievance or the provision of a union service to employees.

  • Marginal note:Content of order

    (2) The Board shall, in every order made under subsection (1), specify the method of access to the employees, the times at which access is permitted and the periods of its duration.

  • 1972, c. 18, s. 1;
  • 1977-78, c. 27, s. 69.1.
Marginal note:Communication with off-site workers
  •  (1) On application by a trade union, the Board may, by order, require an employer to give an authorized representative of the trade union mentioned in the order, or the Board, or both, the names and addresses of employees whose normal workplace is not on premises owned or controlled by their employer and authorize the trade union to communicate with those employees, by electronic means or otherwise, if the Board is of the opinion that such communication is required for purposes relating to soliciting trade union memberships, the negotiation or administration of a collective agreement, the processing of a grievance or the provision of a trade union service to employees.

  • Marginal note:Contents of order

    (2) An order made under subsection (1)

    • (a) must specify the method of communication, the times of day and the periods during which the communication is authorized, and the conditions that must be met in order to ensure the protection of the privacy and the safety of affected employees and to prevent the abusive use of information; and

    • (b) may include a requirement that the employer, in accordance with any terms and conditions that the Board establishes, transmit the information that the union wishes to communicate to the employees by means of any electronic communications system that the employer uses to communicate with the employees.

  • Marginal note:Board transmission

    (3) If the Board is of the opinion that the privacy and safety of affected employees cannot otherwise be protected, the Board may

    • (a) provide each employee with the opportunity to refuse the giving of their name and address to the representative of the trade union that the Board authorizes and, if the employee does not so refuse, may transmit that name and address to the authorized representative; or

    • (b) transmit the information that the union wishes to communicate to the employees in the manner it considers appropriate.

  • Marginal note:Protection of names and addresses

    (4) The names and addresses of employees provided under subsection (1) shall not be used unless it is for a purpose consistent with this section.

  • 1998, c. 26, s. 50.