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

Marginal note:Minister may order vote to be held

• 108.1 (1) Where notice to bargain collectively has been given under this Part, and the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may

  • (a) on such terms and conditions as the Minister considers appropriate, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held as soon as possible; and

  • (b) designate the Board, or any other person or body, to be in charge of conducting that vote.

• Marginal note:No effect on time limits or periods

  (2) A direction under subsection (1) that a vote be held, or the holding of that vote, does not abridge or extend any time limit or period provided for in this Part, including those stipulated in section 89 for the acquisition of the right to lockout or strike.

• Marginal note:Consequences of favourable vote

  (3) Where the majority of the employees participating in the vote accept the employer’s last offer,

  • (a) the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer; and

  • (b) any lockout or strike not prohibited by this Part that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance shall cease forthwith.

• Marginal note:Powers respecting vote

  (4) The Board or other person or body in charge of conducting the vote shall determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.