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Excerpts from the Canada Labour Code
Basic Freedoms
Employee freedoms
8. (1) Every employee is free to join the trade union of his choice and to participate in its lawful activities.
Division III
Acquisition and Termination of Bargaining Rights
Application for Certification
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.
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.
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(a) the application has been withdrawn by the trade union or dismissed by the Board, or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.
Determination of Bargaining Units
Determination of appropriate unit
27. (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.
(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.
Certification of Bargaining Agents and Related Matters
Duty to certify trade union
28. Where the Board
(a) has received from a 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 such other date as the Board considers appropriate, a
majority of the employees in the unit wish to have the trade union
represent them as their bargaining agent,
the Board shall, subject to this Part, certify the trade union
making the application as the bargaining agent for the bargaining unit.
Representation vote
29. (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.
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.
Mandatory vote
(2) Where 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 thirty-five per cent and not more than fifty per cent
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.
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.
Conduct of vote
30. (1) Where the Board orders that a representation vote be taken among employees in a unit, the Board shall
(a) determine the employees that are eligible to vote; and
(b) make such arrangements and give such directions as the Board
considers necessary for the proper conduct of the representation vote,
including the preparation of ballots, the method of casting and
counting ballots and the custody and sealing of ballot boxes.
Choice
(2) Where the Board orders that a representation vote be taken on
an application by a trade union for certification as the bargaining
agent for a unit in respect of which no other trade union is the
bargaining agent, the Board shall include on the ballots a choice
whereby an employee may indicate that he does not wish to be
represented by any trade union named on the ballots.
Exception
(3) Notwithstanding subsection (2), where the employees in a unit
have cast ballots in favour of all trade unions involved in a
representation vote totalling more than fifty per cent of all the
ballots cast but have not given majority support to one trade union in
that vote and, as a result, a second or subsequent representation vote
is required, the Board shall not be required to include the choice
referred to in subsection (2) in the ballots for the second or
subsequent vote.
Result of representation vote
31. (1) Subject to subsection (2), the Board shall determine the result of a representation vote on the basis of the ballots cast by the majority of employees voting.
(2) Where, on considering the result of a representation vote, the
Board determines that less than thirty-five per cent of the employees
who are eligible to vote have voted, the Board shall determine that the
representation vote is void.
(3) A vote by the majority of the employees voting in a
representation vote is evidence that a majority of employees in the
unit in respect of which the vote was ordered are of the opinion
expressed in the vote of the majority of employees voting.
Unfair Practices
Employer interference in trade union
94. (1) No employer or person acting on behalf of an employer shall
(a) participate in or interfere with the formation or
administration of a trade union or the representation of employees by a
trade union; or
(b) contribute financial or other support to a trade union.
Exception
(2) An employer is deemed not to contravene subsection (1) by reason only that he
(a) in respect of a trade union that is the bargaining agent for a
bargaining unit comprised of or including employees of the employer,
(i) permits an employee or representative of the trade union to
confer with him during hours of work or to attend to the business of
the trade union during hours of work without any deduction from wages
or any deduction of time worked for the employer,
(ii) provides free transportation to representatives of the trade
union for purposes of collective bargaining, the administration of a
collective agreement and related matters, or
(iii) permits the trade union to use his premises for the purposes of the trade union;
(b) contributes financial support to any pension, health or other
welfare trust fund the sole purpose of which is to provide pension,
health or other welfare rights or benefits to employees; or
(c) expresses a personal point of view, so long as the employer
does not use coercion, intimidation, threats, promises or undue
influence.
Prohibition relating to replacement workers
(2.1) No employer or person acting on behalf of an employer shall
use, for the demonstrated purpose of undermining a trade union's
representational capacity rather than the pursuit of legitimate
bargaining objectives, the services of a 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.
Prohibitions relating to employers
(3) No employer or person acting on behalf of an employer shall
(a) refuse to employ or to continue to employ or suspend, transfer,
lay off or otherwise discriminate against any person with respect to
employment, pay or any other term or condition of employment or
intimidate, threaten or otherwise discipline any person, because the
person
(i) is or proposes to become, or seeks to induce any other person
to become, a member, officer or representative of a trade union or
participates in the promotion, formation or administration of a trade
union,
(ii) has been expelled or suspended from membership in a trade
union for a reason other than a failure to pay the periodic dues,
assessments and initiation fees uniformly required to be paid by all
members of the trade union as a condition of acquiring or retaining
membership in the trade union,
(iii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part,
(iv) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Part,
(iv) has made an application or filed a complaint under this Part, or
(vi) has participated in a strike that is not prohibited by this Part or exercised any right under this Part;
(b) impose any condition in a contract of employment that
restrains, or has the effect of restraining, an employee from
exercising any right conferred on him by this Part;
(c) suspend, discharge or impose any financial or other penalty on
an employee, or take any other disciplinary action against an employee,
by reason of his refusal to perform all or some of the duties and
responsibilities of another employee who is participating in a strike
or subject to a lockout that is not prohibited by this Part;
(d) deny to any employee any pension rights or benefits to which the employee would be entitled but for
(i) the cessation of work by the employee as the result of a lockout or strike that is not prohibited by this Part, or
(ii) the dismissal of the employee contrary to this Part;
(d.1) where the requirements of paragraphs 89(1)(a) to (d) have
been met, cancel or threaten to cancel a medical, dental, disability,
life or other insurance plan, whether administered by the employer or
otherwise, that benefits employees, so long as the bargaining agent
tenders or attempts to tender to the employer payments or premiums
sufficient to continue the plan;
(d.2) where the requirements of paragraphs 89(1)(a) to (d) have
been met and the bargaining agent has tendered or attempted to tender
to the employer payments or premiums sufficient to continue an
insurance plan referred to in paragraph (d.1), deny or threaten to deny
to any employee any benefits under the plan to which the employee was
entitled before those requirements were met;
(e) seek, by intimidation, threat of dismissal or any other kind of
threat, by the imposition of a financial or other penalty or by any
other means, to compel a person to refrain from becoming or to cease to
be a member, officer or representative of a trade union or to refrain
from
(i) testifying or otherwise participating in a proceeding under this Part,
(ii) making a disclosure that the person may be required to make in a proceeding under this Part, or
(iii) making an application or filing a complaint under this Part;
(f) suspend, discharge or impose any financial or other penalty on
a person employed by him, or take any other disciplinary action against
such a person, by reason of that person having refused to perform an
act that is prohibited by this Part; or
(g) bargain collectively for the purpose of entering into a
collective agreement or enter into a collective agreement with a trade
union in respect of a bargaining unit, if another trade union is the
bargaining agent for that bargaining unit.