PART IIndustrial Relations (continued)
DIVISION IVCollective Bargaining and Collective Agreements (continued)
Content and Interpretation of Collective Agreements (continued)
Marginal note:Collective agreement may contain certain provisions
68 Nothing in this Part prohibits the parties to a collective agreement from including in the collective agreement a provision
(a) requiring, as a condition of employment, membership in a specified trade union; or
(b) granting a preference of employment to members of a specified trade union.
- R.S., c. L-1, s. 161
- 1972, c. 18, s. 1
Definition of referral
Marginal note:Operation of hiring halls
(2) Where, pursuant to a collective agreement, a trade union is engaged in the referral of persons to employment, it shall establish rules for the purpose of making such referrals and apply those rules fairly and without discrimination.
Marginal note:Posting of rules
(3) Rules applied by a trade union pursuant to subsection (2) shall be kept posted in a conspicuous place in every area of premises occupied by the trade union in which persons seeking referral normally gather.
- 1977-78, c. 27, s. 58
- 1980-81-82-83, c. 47, s. 53(F)
Marginal note:Union dues to be deducted
70 (1) Where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union forthwith.
Marginal note:Religious objections
(2) Where the Board is satisfied that an employee, because of their religious conviction or beliefs, objects to joining a trade union or to paying regular union dues to a trade union, the Board may order that the provision in a collective agreement requiring, as a condition of employment, membership in a trade union or requiring the payment of regular union dues to a trade union does not apply to that employee so long as an amount equal to the amount of the regular union dues is paid by the employee, either directly or by way of deduction from their wages, to a registered charity mutually agreed on by the employee and the trade union.
Marginal note:Designation by Board
(3) Where an employee and the trade union are unable to agree on a registered charity for the purposes of subsection (2), the Board may designate any such charity as the charity to which payment should be made.
(4) In this section,
- registered charity
registered charity has the meaning assigned to that expression by the Income Tax Act; (organisme de bienfaisance enregistré)
- regular union dues
regular union dues means, in respect of
(a) an employee who is a member of a trade union, the dues uniformly and regularly paid by a member of the union in accordance with the constitution and by-laws of the union, and
(b) an employee who is not a member of a trade union, the dues referred to in paragraph (a), other than any amount that is for payment of pension, superannuation, sickness insurance or any other benefit available only to members of the union. (cotisation syndicale normale)
- R.S., 1985, c. L-2, s. 70
- 1999, c. 31, ss. 162(E), 241(F), 246(F)
DIVISION VConciliation and First Agreements
Federal Mediation and Conciliation Service
Marginal note:Federal Mediation and Conciliation Service
70.1 (1) The Federal Mediation and Conciliation Service, the employees of which are employees of the Department of Employment and Social Development, advises the Minister of Labour with respect to industrial relations matters and is responsible for fostering harmonious relations between trade unions and employers by assisting them in the negotiation of collective agreements and their renewal and the management of the relations resulting from the implementation of the agreements.
(2) The head of the Federal Mediation and Conciliation Service reports to the Minister in respect of responsibilities relating to the resolution of disputes.
- 1998, c. 26, s. 30
- 2005, c. 34, s. 79
- 2013, c. 40, s. 237
Marginal note:Notice of dispute
71 (1) Where a notice to commence collective bargaining has been given under this Part, either party may inform the Minister, by sending a notice of dispute, of their failure to enter into, renew or revise a collective agreement where
Marginal note:Copy to other party
(2) The party who sends a notice of dispute under subsection (1) must immediately send a copy of it to the other party.
- R.S., 1985, c. L-2, s. 71
- 1998, c. 26, s. 30
Marginal note:Options of Minister
(a) appoint a conciliation officer;
(b) appoint a conciliation commissioner;
(c) establish a conciliation board in accordance with section 82; or
(d) notify the parties, in writing, of the Minister’s intention not to appoint a conciliation officer or conciliation commissioner or establish a conciliation board.
(2) Where the Minister has not received a notice under section 71 but considers it advisable to take any action set out in paragraph (1)(a), (b) or (c) for the purpose of assisting the parties in entering into or revising a collective agreement, the Minister may take such action.
(3) The Minister may only take one action referred to in this section with respect to any particular dispute involving a bargaining unit.
- R.S., 1985, c. L-2, s. 72
- 1998, c. 26, s. 31
- 1999, c. 31, s. 155(E)
Marginal note:Delivery of notice to conciliation officer
73 (1) Where a conciliation officer has been appointed under subsection 72(1), the Minister shall forthwith deliver to the officer a copy of the notice given under section 71 in respect of the dispute.
Marginal note:Duties of conciliation officer
(2) Where a conciliation officer has been appointed under section 72, the conciliation officer shall
(a) forthwith after the appointment, confer with the parties to the dispute and endeavour to assist them in entering into or revising a collective agreement; and
(b) within fourteen days after the date of the appointment or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to whether or not the officer has succeeded in assisting the parties in entering into or revising a collective agreement.
- R.S., 1985, c. L-2, s. 73
- 1998, c. 26, s. 32
Marginal note:Delivery of notice
74 (1) Where a conciliation commissioner has been appointed or a conciliation board has been established, the Minister must immediately deliver to the conciliation commissioner or the members of the conciliation board a copy of the notice of dispute sent under section 71 and may, until their report has been submitted, refer other questions to them.
Marginal note:Duties of conciliation commissioner or conciliation board
(2) Where a conciliation commissioner has been appointed or a conciliation board has been established under subsection 72(1), the conciliation commissioner or conciliation board shall
(a) immediately endeavour to assist the parties to the dispute in entering into or revising a collective agreement; and
(b) within fourteen days after the date of appointment or establishment, or within the longer period that may be agreed to by the parties or allowed by the Minister, report to the Minister as to the commissioner’s or board’s success or failure in assisting the parties to the dispute and as to their findings and recommendations.
Marginal note:Report of the Board
(3) The report of the majority of the members of a conciliation board is the report of the conciliation board, except where each member of the conciliation board makes a report, in which case the report made by the person appointed by the Minister as a member and chairperson of the conciliation board is the report of the conciliation board.
- R.S., 1985, c. L-2, s. 74
- 1998, c. 26, s. 33
- Date modified: