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

Act current to 2016-12-31 and last amended on 2016-01-03. Previous Versions

Marginal note:Board may declare single employer
  •  (1) Where, on application by an affected trade union or employer, associated or related federal works, undertakings or businesses are, in the opinion of the Board, operated by two or more employers having common control or direction, the Board may, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employer and a single federal work, undertaking or business. Before making such a declaration, the Board must give the affected employers and trade unions the opportunity to make representations.

  • Marginal note:Review of bargaining units

    (2) The Board may, in making a declaration under subsection (1), determine whether the employees affected constitute one or more units appropriate for collective bargaining.

  • R.S., 1985, c. L-2, s. 35;
  • 1998, c. 26, s. 17.
Marginal note:Effect of certification
  •  (1) Where a trade union is certified as the bargaining agent for a bargaining unit,

    • (a) the trade union so certified has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit;

    • (b) the certification of any trade union that was previously certified as the bargaining agent for any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees;

    • (c) the trade union so certified is substituted as a party to any collective agreement that affects any employees in the bargaining unit, to the extent that the collective agreement relates to those employees, in the place of the bargaining agent named in the collective agreement or any successor thereto; and

    • (d) the trade union so certified is deemed to be the bargaining agent for the purposes of paragraph 50(b).

  • Marginal note:Notice to bargain

    (2) Where, pursuant to paragraph (1)(c), a trade union is substituted as a party to a collective agreement, the trade union may, within three months after the date on which it is certified as the bargaining agent for a bargaining unit affected by the collective agreement, require the employer who is a 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:Limitation

    (3) Subsection (2) does not apply to a trade union certified as a result of an application made under section 24.1.

  • R.S., 1985, c. L-2, s. 36;
  • 1998, c. 26, s. 18.
Marginal note:Just cause requirement
  •  (1) During the period that begins on the date of certification and ends on the date on which a first collective agreement is entered into, the employer must not dismiss or discipline an employee in the affected bargaining unit without just cause.

  • Marginal note:Arbitration

    (2) Where a disagreement relating to the dismissal or discipline of an employee during the period referred to in subsection (1) arises between the employer and the bargaining agent,

    • (a) the bargaining agent may submit the disagreement to an arbitrator for final settlement as if it were a difference; and

    • (b) sections 57 to 66 apply, with the modifications that the circumstances require, to the disagreement.

  • 1998, c. 26, s. 19.
Marginal note:Duty of fair representation

 A trade union or representative of a trade union that is the bargaining agent for a bargaining unit shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit with respect to their rights under the collective agreement that is applicable to them.

  • 1977-78, c. 27, s. 49;
  • 1984, c. 39, s. 28, c. 40, s. 79(F).

Revocation of Certification and Related Matters

Marginal note:Application for revocation of certification
  •  (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.

  • Marginal note:Time for application

    (2) An application for an order pursuant to subsection (1) may be made in respect of a bargaining agent for a bargaining unit,

    • (a) where a collective agreement applicable to the bargaining unit is in force, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24 unless the Board consents to the making of the application for the order at some other time; and

    • (b) where no collective agreement applicable to the bargaining unit is in force, at any time after a period of one year from the date of certification of the trade union.

  • 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.

  • Marginal note:Time for application

    (4) An application for an order pursuant to subsection (3) may be made in respect of a bargaining agent for a bargaining unit,

    • (a) during the term of the first collective agreement that is entered into by the employer of the employees in the bargaining unit and the bargaining agent,

      • (i) at any time during the first year of the term of that collective agreement, and

      • (ii) thereafter, except with the consent of the Board, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24; and

    • (b) in any other case, except with the consent of the Board, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24.

  • Marginal note:No application where strike or lockout

    (5) An application under subsection (1) or (3) must not, except with the consent of the Board, be made in respect of the bargaining agent for employees in a bargaining unit during a strike or lockout of those employees that is not prohibited by this Part.

  • R.S., 1985, c. L-2, s. 38;
  • 1998, c. 26, s. 20;
  • 2014, c. 40, s. 4.
Marginal note:Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit

 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., 1985, c. L-2, s. 39;
  • 2014, c. 40, s. 5.
Marginal note:Application where fraud
  •  (1) Where a trade union has been certified as the bargaining agent for a bargaining unit,

    • (a) any employee in the bargaining unit,

    • (b) the employer of the employees in the bargaining unit, or

    • (c) any trade union that appeared before the Board in the certification proceeding,

    that alleges that the certification was obtained by the fraud of the trade union so certified, may apply to the Board, at any time, for revocation of the certification.

  • Marginal note:Revocation of certification for fraud

    (2) On receipt of an application under subsection (1) in respect of a trade union certification as the bargaining agent for a bargaining unit, the Board shall, by order, revoke the certification of the trade union as the bargaining agent for the bargaining unit if the Board is satisfied that the evidence in support of the application

    • (a) was not and could not, by the exercise of reasonable diligence, have been presented to it in the certification proceeding; and

    • (b) is such that the Board would have refused to certify the trade union as the bargaining agent for the bargaining unit if the evidence had been presented to it in the certification proceeding.

  • R.S., c. L-1, ss. 139, 140;
  • 1972, c. 18, s. 1.
 
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