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

Compulsory Check-Off

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.

• Marginal note:Definitions

  (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)

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.

• Marginal note:Head

  (2) The head of the Federal Mediation and Conciliation Service reports to the Minister in respect of responsibilities relating to the resolution of disputes.

Conciliation Procedures

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

  • (a) collective bargaining has not commenced within the time fixed by this Part; or

  • (b) the parties have bargained collectively for the purpose of entering into or revising a collective agreement but have been unable to reach agreement.

• 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.

Marginal note:Options of Minister

• 72 (1) The Minister shall, not later than fifteen days after receiving a notice in writing under section 71,

  • (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.

• Marginal note:Idem

  (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.

• Marginal note:Limitation

  (3) The Minister may only take one action referred to in this section with respect to any particular dispute involving a bargaining unit.

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.

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.

Marginal note:Time limits

• 75 (1) Except with the consent of the parties, the Minister may not extend the time for a conciliation officer to report, or for a conciliation commissioner or conciliation board to submit a report, beyond sixty days after the date of appointment or establishment.

• Marginal note:Deemed reporting

  (2) The conciliation officer is deemed to have reported sixty days after the date on which that officer was appointed or at the end of the extended time limit to which the parties consent, unless she or he actually reports earlier.

• Marginal note:Deemed receipt of report

  (3) The Minister is deemed to have received the report of the conciliation commissioner or conciliation board sixty days after the date on which the conciliation commissioner was appointed or the board was established or at the end of the extended time limit to which the parties consent, unless the Minister actually receives the report earlier.

Marginal note:Reconsideration of report

76 After a conciliation commissioner or conciliation board has submitted their report, the Minister may direct the conciliation commissioner or conciliation board to reconsider the report and clarify or amplify any part of it.

Marginal note:Release of report

77 After receiving the report of a conciliation commissioner or conciliation board, the Minister

• (a) immediately releases a copy of the report to the parties to the dispute; and

• (b) may make the report available to the public in a manner that the Minister considers advisable.

Marginal note:Report binding by agreement

78 Where a conciliation commissioner or conciliation board has been appointed or established in respect of a dispute, the parties, at any time before the report of the conciliation commissioner or conciliation board is made, may agree in writing to be bound by the recommendations of the conciliation commissioner or conciliation board and, on their making, shall give effect to those recommendations.

Marginal note:Agreement

• 79 (1) Despite any other provision of this Part, an employer and a bargaining agent may agree in writing, as part of a collective agreement or otherwise, to refer any matter respecting the renewal or revision of a collective agreement or the entering into of a new collective agreement to a person or body for final and binding determination.

• Marginal note:Effect of agreement

  (2) The agreement suspends the right to strike or lockout and constitutes an undertaking to implement the determination.

Settlement of First Agreement

Marginal note:Minister may refer dispute to Board

• 80 (1) Where an employer or a bargaining agent is required, by notice given under section 48, to commence collective bargaining for the purpose of entering into the first collective agreement between the parties with respect to the bargaining unit for which the bargaining agent has been certified and the requirements of paragraphs 89(1)(a) to (d) have otherwise been met, the Minister may, if the Minister considers it necessary or advisable, at any time thereafter direct the Board to inquire into the dispute and, if the Board considers it advisable, to settle the terms and conditions of the first collective agreement between the parties.

• Marginal note:Board may settle terms and conditions

  (2) The Board shall proceed as directed by the Minister under subsection (1) and, if the Board settles the terms and conditions of a first collective agreement referred to in that subsection, those terms and conditions shall constitute the collective agreement between the parties and shall be binding on them and on the employees in the bargaining unit, except to the extent that such terms and conditions are subsequently amended by the parties by agreement in writing.

• Marginal note:Matters the Board may consider

  (3) In settling the terms and conditions of a first collective agreement under this section, the Board shall give the parties an opportunity to present evidence and make representations and the Board may take into account

  • (a) the extent to which the parties have, or have not, bargained in good faith in an attempt to enter into the first collective agreement between them;

  • (b) the terms and conditions of employment, if any, negotiated through collective bargaining for employees performing the same or similar functions in the same or similar circumstances as the employees in the bargaining unit; and

  • (c) such other matters as the Board considers will assist it in arriving at terms and conditions that are fair and reasonable in the circumstances.

• Marginal note:Duration of agreement

  (4) Where the terms and conditions of a first collective agreement are settled by the Board under this section, the agreement is effective for a period of two years after the date on which the Board settles the terms and conditions of the collective agreement.

Establishment of Conciliation Boards

Marginal note:Composition

• 81 (1) A conciliation board shall consist of three members appointed in the manner specified in section 82.

• Marginal note:Eligibility of members

  (2) A person is not eligible to be a member of a conciliation board if the person has a pecuniary interest that may be directly affected by any matter referred to the board.

Marginal note:Nomination by parties

• 82 (1) Where the Minister has, pursuant to section 72, decided to establish a conciliation board, the Minister shall immediately, by notice in writing, require each of the parties to the dispute to nominate, within seven days after receipt by the party of the notice, one person to be a member of the conciliation board and, on receipt of the nomination within those seven days, the Minister shall appoint the nominee to be a member of the conciliation board.

• Marginal note:Failure to nominate

  (2) Where either party to whom a notice is given pursuant to subsection (1) fails or neglects to nominate a person to be a member of the conciliation board to be established by the Minister within seven days after the receipt by that party of the notice, the Minister shall appoint, as a member of the conciliation board, a person the Minister considers to be qualified to be such a member, and the member so appointed shall be deemed to have been appointed on the nomination of that party.

• Marginal note:Nomination of chairperson

  (3) The members of a conciliation board appointed under subsection (1) or (2) shall, within five days after the appointment of the second member, nominate a third person, who is willing and ready to act, to be a member and chairperson of the conciliation board, and the Minister shall appoint that person to be a member and chairperson of the conciliation board.

• Marginal note:Failure to nominate chairperson

  (4) Where the members of a conciliation board appointed under subsection (1) or (2) fail or neglect to nominate a chairperson within five days after the appointment of the second such member, the Minister shall forthwith appoint, as the third member and chairperson of the conciliation board, a person whom the Minister considers qualified to be a member and chairperson of the conciliation board.

Marginal note:Notification to parties of establishment of board

83 When the members of a conciliation board have been appointed under section 82 in respect of a dispute, the Minister shall forthwith give notice to the parties of the names of the members of the board, and thereupon it shall be conclusively presumed that the conciliation board described in the notice has been established in accordance with this Part as of the date the notice is given.