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

Marginal note:Application for certification

• 24 (1) A trade union seeking to be certified as the bargaining agent for a unit that the trade union considers constitutes a unit appropriate for collective bargaining may, subject to this section and any regulations made by the Board under paragraph 15(e), apply to the Board for certification as the bargaining agent for the unit.

• Marginal note:Time of application

  (2) Subject to subsection (3), an application by a trade union for certification as the bargaining agent for a unit may be made

  • (a) where no collective agreement applicable to the unit is in force and no trade union has been certified under this Part as the bargaining agent for the unit, at any time;

  • (b) where no collective agreement applicable to the unit is in force but a trade union has been certified under this Part as the bargaining agent for the unit, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at any earlier time;

  • (c) where a collective agreement applicable to the unit is in force and is for a term of not more than three years, only after the commencement of the last three months of its operation; and

  • (d) where a collective agreement applicable to the unit is in force and is for a term of more than three years, only after the commencement of the thirty-fourth month of its operation and before the commencement of the thirty-seventh month of its operation and, thereafter, only

    • (i) during the three month period immediately preceding the end of each year that the collective agreement continues to operate after the third year of its operation, and

    • (ii) after the commencement of the last three months of its operation.

• Marginal note:No application during strike or lockout

  (3) An application for certification under subsection (2) in respect of a unit must not, except with the consent of the Board, be made during a strike or lockout that is not prohibited by this Part and that involves employees in the unit.

• Marginal note:Terms or conditions of employment not to be changed

  (4) Where an application by a trade union for certification as the bargaining agent for a unit is made in accordance with this section, no employer of employees in the unit shall, after notification that the application has been made, alter the rates of pay, any other term or condition of employment or any right or privilege of such employees until

  • (a) the application has been withdrawn by the trade union or dismissed by the Board, or

  • (b) thirty days have elapsed after the day on which the Board certifies the trade union as the bargaining agent for the unit,

  except pursuant to a collective agreement or with the consent of the Board.