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

Full Document:  

Act current to 2019-09-10 and last amended on 2019-09-01. Previous Versions

PART IIndustrial Relations (continued)

DIVISION IIIAcquisition and Termination of Bargaining Rights (continued)

Application for Certification (continued)

Marginal note:Where certification prohibited

  •  (1) Notwithstanding anything in this Part, where the Board is satisfied that a trade union is so dominated or influenced by an employer that the fitness of the trade union to represent employees of the employer for the purpose of collective bargaining is impaired, the Board shall not certify the trade union as the bargaining agent for any unit comprised of employees of the employer and any collective agreement between the trade union and the employer that applies to any such employees shall be deemed not to be a collective agreement for the purposes of this Part.

  • Marginal note:Idem

    (2) Notwithstanding anything in this Part, where the Board is satisfied that a trade union denies membership in the trade union to any employee or class of employees in a bargaining unit by virtue of a policy or practice that the trade union applies relating to qualifications for membership in the trade union, the Board shall not certify the trade union as the bargaining agent for the bargaining unit and any collective agreement between the trade union and the employer of the employees in the bargaining unit that applies to the bargaining unit shall be deemed not to be a collective agreement for the purposes of this Part.

  • R.S., c. L-1, s. 134
  • 1972, c. 18, s. 1

Marginal note:Where certification prohibited

 The Board shall not certify a trade union as, and a trade union shall not act as, the bargaining agent for both a bargaining unit comprised of private constables and a bargaining unit comprised of employees other than private constables if any or all of the employees in both such bargaining units are employed by the same employer.

  • R.S., c. L-1, s. 135
  • 1972, c. 18, s. 1

Determination of Bargaining Units

Marginal note:Determination of appropriate unit

  •  (1) Where a trade union applies under section 24 for certification as the bargaining agent for a unit that the trade union considers appropriate for collective bargaining, the Board shall determine the unit that, in the opinion of the Board, is appropriate for collective bargaining.

  • Marginal note:Idem

    (2) In determining whether a unit constitutes a unit that is appropriate for collective bargaining, the Board may include any employees in or exclude any employees from the unit proposed by the trade union.

  • Marginal note:Professional employees

    (3) Where a trade union applies under section 24 for certification as the bargaining agent for a unit comprised of or including professional employees, the Board, subject to subsections (2) and (4), shall determine that the unit appropriate for collective bargaining is a unit comprised of only professional employees, unless such a unit would not otherwise be appropriate for collective bargaining.

  • Marginal note:Idem

    (4) In determining that a unit is appropriate for collective bargaining under subsection (3), the Board may include in the unit

    • (a) professional employees of more than one profession; and

    • (b) employees performing the functions, but lacking the qualifications, of a professional employee.

  • Marginal note:Supervisory employees

    (5) Where a trade union applies for certification as the bargaining agent for a unit comprised of or including employees whose duties include the supervision of other employees, the Board may, subject to subsection (2), determine that the unit proposed in the application is appropriate for collective bargaining.

  • Marginal note:Private constables

    (6) The Board shall not include a private constable in a unit with other employees.

  • R.S., c. L-1, s. 125
  • 1972, c. 18, s. 1

Certification of Bargaining Agents and Related Matters

Marginal note:Duty to certify trade union

 The Board shall, subject to this Part, certify a trade union as the bargaining agent for a bargaining unit if the Board

  • (a) has received from the trade union an application for certification as the bargaining agent for a unit;

  • (b) has determined the unit that constitutes a unit appropriate for collective bargaining; and

  • (c) is satisfied that, as of the date of the filing of the application or of any other date that the Board considers appropriate, a majority of the employees in the unit wish to have the trade union represent them as their bargaining agent.

  • R.S., 1985, c. L-2, s. 28
  • 2014, c. 40, s. 2
  • 2017, c. 12, s. 1

Marginal note:Representation vote

  •  (1) The Board may, in any case, for the purpose of satisfying itself as to whether employees in a unit wish to have a particular trade union represent them as their bargaining agent, order that a representation vote be taken among the employees in the unit.

  • Marginal note:Employees not in a unit

    (1.1) Any person who was not an employee in the bargaining unit on the date on which notice to bargain collectively was given, and was hired or assigned after that date to perform all or part of the duties of an employee in the bargaining unit on strike or locked out, is not an employee in the unit.

  • Marginal note:Mandatory vote

    (2) If a trade union applies for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, and the Board is satisfied that not less than 35% and not more than 50% of the employees in the unit are members of the trade union, the Board shall order that a representation vote be taken among the employees in the unit.

  • Marginal note:Determination of union membership

    (3) Where the Board is satisfied that a trade union has an established practice of admitting persons to membership without regard to the eligibility requirements of its charter, constitution or by-laws, the Board may disregard those requirements in determining whether a person is a member of a trade union.

  • R.S., 1985, c. L-2, s. 29
  • 1998, c. 26, s. 13
  • 2014, c. 40, s. 3
  • 2017, c. 12, s. 2

Marginal note:Conduct of vote

  •  (1) Where the Board orders that a representation vote be taken among employees in a unit, the Board shall

    • (a) determine the employees that are eligible to vote; and

    • (b) make such arrangements and give such directions as the Board considers necessary for the proper conduct of the representation vote, including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes.

  • Marginal note:Choice

    (2) Where the Board orders that a representation vote be taken on an application by a trade union for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, the Board shall include on the ballots a choice whereby an employee may indicate that they do not wish to be represented by any trade union named on the ballots.

  • Marginal note:Exception

    (3) Notwithstanding subsection (2), where the employees in a unit have cast ballots in favour of all trade unions involved in a representation vote totalling more than fifty per cent of all the ballots cast but have not given majority support to one trade union in that vote and, as a result, a second or subsequent representation vote is required, the Board shall not be required to include the choice referred to in subsection (2) in the ballots for the second or subsequent vote.

  • R.S., 1985, c. L-2, s. 30
  • 1998, c. 26, s. 14(F)
  • 1999, c. 31, s. 150(E)

Marginal note:Result of representation vote

  •  (1) Subject to subsection (2), the Board shall determine the result of a representation vote on the basis of the ballots cast by the majority of employees voting.

  • Marginal note:Idem

    (2) Where, on considering the result of a representation vote, the Board determines that less than thirty-five per cent of the employees who are eligible to vote have voted, the Board shall determine that the representation vote is void.

  • Marginal note:Idem

    (3) A vote by the majority of the employees voting in a representation vote is evidence that a majority of employees in the unit in respect of which the vote was ordered are of the opinion expressed in the vote of the majority of employees voting.

  • R.S., c. L-1, s. 129
  • 1972, c. 18, s. 1

Marginal note:Council of trade unions

  •  (1) Where two or more trade unions have formed a council of trade unions, the council so formed may apply to the Board for certification as the bargaining agent for a unit in the same manner as a trade union.

  • Marginal note:Certification of council of trade unions

    (2) The Board may certify a council of trade unions as the bargaining agent for a bargaining unit where the Board is satisfied that the requirements for certification prescribed by or pursuant to this Part have been met.

  • Marginal note:Membership in council of trade unions

    (3) Membership in any trade union that forms part of a council of trade unions is deemed to be membership in the council of trade unions.

  • Marginal note:Council of trade unions bound by collective agreement

    (4) Where a council of trade unions is certified by the Board as the bargaining agent for a bargaining unit,

    • (a) the council of trade unions and each trade union forming the council of trade unions is bound by any collective agreement entered into by the council of trade unions and the employer concerned; and

    • (b) this Part applies, except as otherwise provided, as if the council of trade unions were a trade union.

  • R.S., c. L-1, s. 130
  • 1972, c. 18, s. 1
  • 1977-78, c. 27, s. 48
 
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