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

Marginal note:Board may declare single employer

• 35. (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.

Marginal note:Effect of certification

• 36. (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.

Marginal note:Just cause requirement

• 36.1 (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.