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

Act current to 2017-11-06 and last amended on 2017-06-22. Previous Versions

DIVISION IIIAcquisition and Termination of Bargaining Rights

Application for Certification

Marginal note:Application for certification
  •  (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.

  • R.S., 1985, c. L-2, s. 24;
  • 1993, c. 42, s. 1(F);
  • 1998, c. 26, s. 11.
Marginal note:Exception

 A trade union that is not certified but has entered into a collective agreement the term of which has not expired may, despite paragraphs 24(2)(c) and (d), make an application for certification at any time, in respect of the unit to which the collective agreement applies or substantially the same unit.

  • 1998, c. 26, s. 12.
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.
 
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