Vote on Employer’s Offer
Marginal note:Minister may order vote to be held
183. (1) If the Minister is of the opinion that it is in the public interest that the employees in a bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the bargaining agent in respect of all matters remaining in dispute between the parties, the Minister may
(a) on any terms and conditions that the Minister considers appropriate, direct that a vote to accept or reject the offer be held by secret ballot as soon as possible among all of the employees in the bargaining unit; and
(b) designate the Board, or any other person or body, to be in charge of conducting that vote.
Marginal note:Vote does not delay right
(2) The direction that a vote be held, or the holding of that vote, does not prevent the declaration or authorization of a strike if the employee organization that is certified as the bargaining agent is not otherwise prohibited from making the declaration or authorization, nor does it prevent the participation in a strike by an employee if the employee is not otherwise prohibited from participating in the strike.
Marginal note:Consequences of favourable vote
(3) If a majority of the employees participating in the vote accept the employer’s last offer,
(a) the parties are bound by that offer and must, without delay, enter into a collective agreement that incorporates the terms of that offer; and
(b) any strike that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance must cease immediately, and the employees must return to work as soon as the employer determines that it is practicable for them to do so.
Marginal note:Powers respecting vote
(4) The Board or other person or body in charge of conducting the vote must determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.
Division 11Strike Votes
Marginal note:Secret ballot vote
184. (1) In order to obtain approval to declare or authorize a strike, an employee organization must hold a vote by secret ballot among all of the employees in the bargaining unit conducted in a manner that ensures that the employees are given a reasonable opportunity to participate in the vote and be informed of the results.
Marginal note:Application to have vote declared invalid
(2) An employee who is a member of a bargaining unit for which a vote referred to in subsection (1) was held and who alleges that there were irregularities in the conduct of the vote may, no later than 10 days after the day the results of the vote are announced, make an application to the Board to have the vote declared invalid.
Marginal note:Dismissal of application
(3) The Board may summarily dismiss the application if it is satisfied that, even if the alleged irregularities did occur, the outcome of the vote would not have been different.
Marginal note:New vote
(4) If the Board declares the vote invalid, it may order that a new vote be held in accordance with the conditions it specifies in the order.
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