GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 29
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. Persons not in a unit (1.1) Any person whose services are being used contrary to subsection 94(4) is not an employee in the unit. 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. 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 2024, c. 12, s. 4
Canada Labour Code — L-2 30
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 they do 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. R.S., 1985, c. L-2, s. 30; 1998, c. 26, s. 14(F); 1999, c. 31, s. 150(E)
Canada Labour Code — L-2 31
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. Idem (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. Idem (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. R.S., c. L-1, s. 129; 1972, c. 18, s. 1
Canada Labour Code — L-2 32
Council of trade unions 32 (1) Where two or more trade unions have formed a council of trade unions, the council so formed may apply to the Board for certification as the bargaining agent for a unit in the same manner as a trade union. Certification of council of trade unions (2) The Board may certify a council of trade unions as the bargaining agent for a bargaining unit where the Board is satisfied that the requirements for certification prescribed by or pursuant to this Part have been met. Membership in council of trade unions (3) Membership in any trade union that forms part of a council of trade unions is deemed to be membership in the council of trade unions. Council of trade unions bound by collective agreement (4) Where a council of trade unions is certified by the Board as the bargaining agent for a bargaining unit, (a) the council of trade unions and each trade union forming the council of trade unions is bound by any collective agreement entered into by the council of trade unions and the employer concerned; and (b) this Part applies, except as otherwise provided, as if the council of trade unions were a trade union. R.S., c. L-1, s. 130; 1972, c. 18, s. 1; 1977-78, c. 27, s. 48
Canada Labour Code — L-2 33
Designation of employers’ organization 33 (1) Where a trade union applies for certification as the bargaining agent for a unit comprised of employees of two or more employers who have formed an employers’ organization, the Board may designate the employers’ organization to be the employer if it is satisfied that each of the employers forming the employers’ organization has granted appropriate authority to the employers’ organization to enable it to discharge the duties and responsibilities of an employer under this Part. New members (1.1) The Board may, on application by the employers’ organization, include in the designation referred to in subsection (1) any employer that becomes a member of the employers’ organization if it is satisfied that that employer has granted appropriate authority to the employers’ organization to enable the employers’ organization to discharge the duties and responsibilities of an employer and that such an inclusion would ensure the fulfilment of the objectives of this Part. Designated employers’ organization deemed to be employer (2) Where the Board designates an employers’ organization as an employer pursuant to subsection (1), (a) the employers’ organization and each employer forming the employers’ organization is bound by any collective agreement entered into by the employers’ organization and the trade union concerned; and (b) this Part applies, except as otherwise provided, as if the employers’ organization were an employer. Employer ceasing to be member of employers’ organization (3) Where an employer ceases to be a member of an employers’ organization or withdraws the authority referred to in subsection (1) or (1.1) that the employer granted to the employers’ organization, the employer (a) continues to be bound by any collective agreement applicable to the employer’s employees that was entered into by the employers’ organization; and (b) may be required to commence collective bargaining in accordance with section 48. R.S., 1985, c. L-2, s. 33; 1998, c. 26, s. 15; 1999, c. 31, s. 151(E)
Canada Labour Code — L-2 35
Board may declare single employer 35 (1) Where, on application by an affected trade union or employer, associated or related federal works, undertakings or businesses are, in the opinion of the Board, operated by two or more employers having common control or direction, the Board may, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employer and a single federal work, undertaking or business. Before making such a declaration, the Board must give the affected employers and trade unions the opportunity to make representations. Review of bargaining units (2) The Board may, in making a declaration under subsection (1), determine whether the employees affected constitute one or more units appropriate for collective bargaining. R.S., 1985, c. L-2, s. 35; 1998, c. 26, s. 17
Canada Labour Code — L-2 36
Effect of certification 36 (1) Where a trade union is certified as the bargaining agent for a bargaining unit, (a) the trade union so certified has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit; (b) the certification of any trade union that was previously certified as the bargaining agent for any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees; (c) the trade union so certified is substituted as a party to any collective agreement that affects any employees in the bargaining unit, to the extent that the collective agreement relates to those employees, in the place of the bargaining agent named in the collective agreement or any successor thereto; and (d) the trade union so certified is deemed to be the bargaining agent for the purposes of paragraph 50(b). Notice to bargain (2) Where, pursuant to paragraph (1)(c), a trade union is substituted as a party to a collective agreement, the trade union may, within three months after the date on which it is certified as the bargaining agent for a bargaining unit affected by the collective agreement, require the employer who is a party to the collective agreement to commence collective bargaining for the purpose of renewing or revising the collective agreement or entering into a new collective agreement. Limitation (3) Subsection (2) does not apply to a trade union certified as a result of an application made under section 24.1. R.S., 1985, c. L-2, s. 36; 1998, c. 26, s. 18
Canada Labour Code — L-2 36.1
Just cause requirement 36.1 (1) During the period that begins on the date of certification and ends on the date on which a first collective agreement is entered into, the employer must not dismiss or discipline an employee in the affected bargaining unit without just cause. Arbitration (2) Where a disagreement relating to the dismissal or discipline of an employee during the period referred to in subsection (1) arises between the employer and the bargaining agent, (a) the bargaining agent may submit the disagreement to an arbitrator for final settlement as if it were a difference; and (b) sections 57 to 66 apply, with the modifications that the circumstances require, to the disagreement. 1998, c. 26, s. 19
Canada Labour Code — L-2 37
Duty of fair representation 37 A trade union or representative of a trade union that is the bargaining agent for a bargaining unit shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit with respect to their rights under the collective agreement that is applicable to them. 1977-78, c. 27, s. 49; 1984, c. 39, s. 28, c. 40, s. 79(F)
Canada Labour Code — L-2 38
Application for revocation of certification 38 (1) If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order revoking the certification of that trade union. Time for application (2) An application for an order pursuant to subsection (1) may be made in respect of a bargaining agent for a bargaining unit, (a) where a collective agreement applicable to the bargaining unit is in force, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24 unless the Board consents to the making of the application for the order at some other time; and (b) where no collective agreement applicable to the bargaining unit is in force, at any time after a period of one year from the date of certification of the trade union. Application for order that bargaining agent not entitled to represent bargaining unit (3) If a collective agreement applicable to a bargaining unit is in force but the bargaining agent that is a party to the collective agreement has not been certified by the Board, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order declaring that the bargaining agent is not entitled to represent the employees in the bargaining unit. Time for application (4) An application for an order pursuant to subsection (3) may be made in respect of a bargaining agent for a bargaining unit, (a) during the term of the first collective agreement that is entered into by the employer of the employees in the bargaining unit and the bargaining agent, (i) at any time during the first year of the term of that collective agreement, and (ii) thereafter, except with the consent of the Board, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24; and (b) in any other case, except with the consent of the Board, only during a period in which an application for certification of a trade union is authorized to be made pursuant to section 24. No application where strike or lockout (5) An application under subsection (1) or (3) must not, except with the consent of the Board, be made in respect of the bargaining agent for employees in a bargaining unit during a strike or lockout of those employees that is not prohibited by this Part. R.S., 1985, c. L-2, s. 38; 1998, c. 26, s. 20; 2014, c. 40, s. 4; 2017, c. 12, s. 3
Canada Labour Code — L-2 39
Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit 39 (1) If, on receipt of an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, and after any inquiry by way of a representation vote or otherwise that the Board considers appropriate in the circumstances, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, the Board shall, subject to subsection (2), by order, (a) in the case of an application made under subsection 38(1), revoke the certification of the trade union as the bargaining agent for the bargaining unit; or (b) in the case of an application made under subsection 38(3), declare that the bargaining agent is not entitled to represent the employees in the bargaining unit. Limitation (2) If no collective agreement applicable to a bargaining unit is in force, an order shall not be made under paragraph (1)(a) in relation to the bargaining agent for the bargaining unit unless the Board is satisfied that the bargaining agent has failed to make a reasonable effort to enter into a collective agreement in relation to the bargaining unit. R.S., 1985, c. L-2, s. 39; 2014, c. 40, s. 5; 2017, c. 12, s. 4
Canada Labour Code — L-2 40
Application where fraud 40 (1) Where a trade union has been certified as the bargaining agent for a bargaining unit, (a) any employee in the bargaining unit, (b) the employer of the employees in the bargaining unit, or (c) any trade union that appeared before the Board in the certification proceeding, that alleges that the certification was obtained by the fraud of the trade union so certified, may apply to the Board, at any time, for revocation of the certification. Revocation of certification for fraud (2) On receipt of an application under subsection (1) in respect of a trade union certification as the bargaining agent for a bargaining unit, the Board shall, by order, revoke the certification of the trade union as the bargaining agent for the bargaining unit if the Board is satisfied that the evidence in support of the application (a) was not and could not, by the exercise of reasonable diligence, have been presented to it in the certification proceeding; and (b) is such that the Board would have refused to certify the trade union as the bargaining agent for the bargaining unit if the evidence had been presented to it in the certification proceeding. R.S., c. L-1, ss. 139, 140; 1972, c. 18, s. 1
Canada Labour Code — L-2 41
Application for revocation of certification of a council of trade unions 41 (1) Where a council of trade unions has been certified as the bargaining agent for a bargaining unit, in addition to any circumstances in which an application for revocation of the certification of the council of trade unions may be made pursuant to section 38 or subsection 40(1), any employee in the bargaining unit, the employer of the employees in the bargaining unit or a trade union that forms part of the council of trade unions may apply to the Board for revocation of the certification on the ground that the council of trade unions no longer meets the requirements for certification of a council of trade unions. Revocation of certification of a council of trade unions (2) Where an application for revocation of certification is made under subsection (1), the Board may, by order, revoke the certification of the council of trade unions if, in the opinion of the Board, the council of trade unions no longer meets the requirements for certification of a council of trade unions. Time for application (3) An application under subsection (1) may be made in respect of a council of trade unions that has been certified as the bargaining agent for a bargaining unit only during a period in which an application for an order revoking the certification of that council of trade unions is authorized to be made under section 38. R.S., c. L-1, s. 141; 1972, c. 18, s. 1
Canada Labour Code — L-2 42
Effect of revocation or declaration 42 Where the Board makes an order under section 39, subsection 40(2) or section 41 revoking the certification of a trade union or council of trade unions, or declaring that a trade union is not entitled to represent the employees in a bargaining unit, (a) any collective agreement between the trade union or council of trade unions and the employer of the employees in the bargaining unit that applies to the bargaining unit ceases to have effect from the time the order is made or from such later time as the Board considers appropriate; and (b) the employer shall not bargain collectively, or enter into a collective agreement with the trade union or council of trade unions, for a period of one year from the date of the order, unless the trade union or council of trade unions is certified by the Board under this Part during that period as the bargaining agent for a bargaining unit comprised of employees of the employer. R.S., c. L-1, s. 142; 1972, c. 18, s. 1; 1977-78, c. 27, s. 50
Canada Labour Code — L-2 43
Mergers, etc., of trade unions 43 (1) Where, by reason of a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions, a trade union succeeds another trade union that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor shall be deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise. Board may determine questions (2) Where, on a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions, any question arises concerning the rights, privileges and duties of a trade union under this Part or under a collective agreement in respect of a bargaining unit or an employee therein, the Board, on application to it by a trade union affected by the merger, amalgamation or transfer of jurisdiction, shall determine what rights, privileges and duties have been acquired or are retained. Inquiry and votes (3) Before determining, pursuant to subsection (2), what rights, privileges and duties of a trade union have been acquired or are retained, the Board may make such inquiry or direct that such representation votes be taken as it considers necessary. R.S., c. L-1, s. 143; 1972, c. 18, s. 1
Canada Labour Code — L-2 44
Definitions 44 (1) In this section and sections 45 to 47.1, business means any federal work, undertaking or business and any part thereof; ( entreprise ) provincial business means a work, undertaking or business, or any part of a work, undertaking or business, the labour relations of which are subject to the laws of a province; ( entreprise provinciale ) sell , in relation to a business, includes the transfer or other disposition of the business and, for the purposes of this definition, leasing a business is deemed to be selling it. ( vente ) Sale of business (2) Where an employer sells a business, (a) a trade union that is the bargaining agent for the employees employed in the business continues to be their bargaining agent; (b) a trade union that made application for certification in respect of any employees employed in the business before the date on which the business is sold may, subject to this Part, be certified by the Board as their bargaining agent; (c) the person to whom the business is sold is bound by any collective agreement that is, on the date on which the business is sold, applicable to the employees employed in the business; and (d) the person to whom the business is sold becomes a party to any proceeding taken under this Part that is pending on the date on which the business was sold and that affects the employees employed in the business or their bargaining agent. Change of activity or sale of a provincial business (3) Where, as a result of a change of activity, a provincial business becomes subject to this Part, or such a business is sold to an employer who is subject to this Part, (a) the trade union that, pursuant to the laws of the province, is the bargaining agent for the employees employed in the provincial business continues to be their bargaining agent for the purposes of this Part; (b) a collective agreement that applied to employees employed in the provincial business at the time of the change or sale continues to apply to them and is binding on the employer or on the person to whom the business is sold; (c) any proceeding that at the time of the change or sale was before the labour relations board or other person or authority that, under the laws of the province, is competent to decide the matter, continues as a proceeding under this Part, with such modifications as the circumstances require and, where applicable, with the person to whom the provincial business is sold as a party; and (d) any grievance that at the time of the change or sale was before an arbitrator or arbitration board continues to be processed under this Part, with such modifications as the circumstances require and, where applicable, with the person to whom the provincial business is sold as a party. R.S., 1985, c. L-2, s. 44; 1996, c. 18, s. 8; 1998, c. 26, s. 21
Canada Labour Code — L-2
business means any federal work, undertaking or business and any part thereof; ( entreprise )
Canada Labour Code — L-2
provincial business means a work, undertaking or business, or any part of a work, undertaking or business, the labour relations of which are subject to the laws of a province; ( entreprise provinciale )
Canada Labour Code — L-2
sell , in relation to a business, includes the transfer or other disposition of the business and, for the purposes of this definition, leasing a business is deemed to be selling it. ( vente )
Canada Labour Code — L-2 45
Review of bargaining units 45 In the case of a sale or change of activity referred to in section 44, the Board may, on application by the employer or any trade union affected, determine whether the employees affected constitute one or more units appropriate for collective bargaining. R.S., 1985, c. L-2, s. 45; 1998, c. 26, s. 22
Canada Labour Code — L-2 46
Board to determine questions 46 The Board shall determine any question that arises under section 44, including a question as to whether or not a business has been sold or there has been a change of activity of a business, or as to the identity of the purchaser of a business. R.S., 1985, c. L-2, s. 46; 1998, c. 26, s. 22