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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-09-01. Previous Versions

PART IIndustrial Relations (continued)

DIVISION IIIAcquisition and Termination of Bargaining Rights (continued)

Certification of Bargaining Agents and Related Matters (continued)

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 a majority 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 a majority 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
  • 2017, c. 12, s. 3

Marginal note:Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit

  •  (1) If, on receipt of an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, and after any inquiry by way of a representation vote or otherwise that the Board considers appropriate in the circumstances, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, the Board shall, subject to subsection (2), by order,

    • (a) in the case of an application made under subsection 38(1), revoke the certification of the trade union as the bargaining agent for the bargaining unit; or

    • (b) in the case of an application made under subsection 38(3), declare that the bargaining agent is not entitled to represent the employees in the bargaining unit.

  • Marginal note:Limitation

    (2) If no collective agreement applicable to a bargaining unit is in force, an order shall not be made under paragraph (1)(a) in relation to the bargaining agent for the bargaining unit unless the Board is satisfied that the bargaining agent has failed to make a reasonable effort to enter into a collective agreement in relation to the bargaining unit.

  • R.S., 1985, c. L-2, s. 39
  • 2014, c. 40, s. 5
  • 2017, c. 12, s. 4

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

Marginal note:Application for revocation of certification of a council of trade unions

  •  (1) Where a council of trade unions has been certified as the bargaining agent for a bargaining unit, in addition to any circumstances in which an application for revocation of the certification of the council of trade unions may be made pursuant to section 38 or subsection 40(1), any employee in the bargaining unit, the employer of the employees in the bargaining unit or a trade union that forms part of the council of trade unions may apply to the Board for revocation of the certification on the ground that the council of trade unions no longer meets the requirements for certification of a council of trade unions.

  • Marginal note:Revocation of certification of a council of trade unions

    (2) Where an application for revocation of certification is made under subsection (1), the Board may, by order, revoke the certification of the council of trade unions if, in the opinion of the Board, the council of trade unions no longer meets the requirements for certification of a council of trade unions.

  • Marginal note:Time for application

    (3) An application under subsection (1) may be made in respect of a council of trade unions that has been certified as the bargaining agent for a bargaining unit only during a period in which an application for an order revoking the certification of that council of trade unions is authorized to be made under section 38.

  • R.S., c. L-1, s. 141
  • 1972, c. 18, s. 1

Marginal note:Effect of revocation or declaration

 Where the Board makes an order under section 39, subsection 40(2) or section 41 revoking the certification of a trade union or council of trade unions, or declaring that a trade union is not entitled to represent the employees in a bargaining unit,

  • (a) any collective agreement between the trade union or council of trade unions and the employer of the employees in the bargaining unit that applies to the bargaining unit ceases to have effect from the time the order is made or from such later time as the Board considers appropriate; and

  • (b) the employer shall not bargain collectively, or enter into a collective agreement with the trade union or council of trade unions, for a period of one year from the date of the order, unless the trade union or council of trade unions is certified by the Board under this Part during that period as the bargaining agent for a bargaining unit comprised of employees of the employer.

  • R.S., c. L-1, s. 142
  • 1972, c. 18, s. 1
  • 1977-78, c. 27, s. 50

Successor Rights and Obligations

Marginal note:Mergers, etc., of trade unions

  •  (1) Where, by reason of a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions, a trade union succeeds another trade union that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor shall be deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise.

  • Marginal note:Board may determine questions

    (2) Where, on a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions, any question arises concerning the rights, privileges and duties of a trade union under this Part or under a collective agreement in respect of a bargaining unit or an employee therein, the Board, on application to it by a trade union affected by the merger, amalgamation or transfer of jurisdiction, shall determine what rights, privileges and duties have been acquired or are retained.

  • Marginal note:Inquiry and votes

    (3) Before determining, pursuant to subsection (2), what rights, privileges and duties of a trade union have been acquired or are retained, the Board may make such inquiry or direct that such representation votes be taken as it considers necessary.

  • R.S., c. L-1, s. 143
  • 1972, c. 18, s. 1
 
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