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This is an unofficial archived version of The Labour Relations Act

as enacted by SM 1987-88, c. 9 on July 17, 1987.

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R.S.M. 1987, c. L10

The Labour Relations Act

Table of contents

WHEREAS it is in the public interest of the Province of Manitoba to further harmonious relations between employers and employees by encouraging the practice and procedure of collective bargaining between employers and unions as the freely designated representatives of employees;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

In this Act

"arbitrator" means an arbitrator appointed under any provision of this Act or under any provision of, or deemed to be part of, a collective agreement, or any other person selected by the parties to a collective agreement to settle any difference between them concerning the meaning, application or alleged violation of the collective agreement; ("arbitre")

"arbitration board" means an arbitration board appointed under any provision of this Act or under any provision of, or deemed to be part of, a collective agreement, or any other body selected by the parties to a collective agreement to settle any difference between them concerning the meaning, application or alleged violation of the collective agreement; ("conseil d'arbitrage")

"board" means The Manitoba Labour Board; ("Commission")

"bargaining agent" means

(

a) a union which is certified to act on behalf of employees in collective bargaining, or

(

b) any other union which, on behalf of employees of an employer, has entered into a collective agreement with the employer

(

i) the term of which has not expired, or

(ii) in respect of which notice to bargain collectively has been given under

section 61 or collective bargaining has commenced under

section 63; ("agent négociateur")

"business" means any kind of business, profession, occupation, calling, operation or activity, whether carried on for profit or otherwise, and whether carried on by or as part of the operation of government, and includes any part of a business: ("entreprise")

"certified bargaining agent" means a bargaining agent that has been certified under this Act and the certification of which has not been cancelled; ("agent négociateur accrédité")

"collective bargaining" means negotiating with a view to the conclusion of a collective agreement or the renewal or revision thereof; ("négociation collective")

"conciliation board" means a conciliation board appointed by the minister under this Act; ("commission de conciliation")

"conciliation officer" means a person appointed under this Act by the minister as a conciliation officer whose duties include the conciliation of disputes; (" conciliateur")

"dispute" means any dispute or difference, or apprehended dispute or difference, between an employer and one or more of his employees or a bargaining agent acting on behalf of his employees, as to matters or things affecting, or relating to, terms or conditions of employment or work done or to be done by him or by the employee or employees, or as to privileges, rights, and duties, of the employer or employee or employees; ("différend")

"employee" means a person employed to do work and includes any person designated by the board as an employee for the purposes of this Act, notwithstanding that the person to whom the employee provides services is not vicariously liable for the employee's acts or omissions but does not include a person who is employed in a capacity that, in the opinion of the board, would make it unfair to that person, the employer or a union to include the person in a unit for collective bargaining purposes because

(

a) the person performs management functions primarily, or

(

b) the person is employed in a confidential capacity in matters relating to labour relations; ("employé")

"employer" means any person who employs one or more employees: ("employeur")

"employers' organization" means an organization of employers formed for purposes including the conduct of relations between employers and employees; ("association d'employeurs")

"grievance mediator" means a grievance mediator appointed under

section 129 or subsection 130(8); (" médiateur de griefs")

"individual" means a person who is not a corporation; ("particulier")

"lockout" includes

(

a) the closing of a place of employment, or

(

b) a suspension of work, or

(

c) a refusal by an employer to continue to employ a number of his employees, or

(

d) a substantial alteration by an employer in the standard cycle or normal pattern of operation in a place of employment,

done or made to compel his employees, or to aid another employer to compel his employees, to agree to terms or conditions of employment: ("lock-out")

"mediator" means a mediator appointed by the minister under

section 95; ("médiateur")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"parties" means

(

a) with reference to the appointment of, or proceedings before, a conciliation officer, conciliation board, mediator or arbitration board, the employer, or employers' organization acting on behalf of the employer and the bargaining agent of the employees, who are engaged in the collective bargaining or the dispute in respect of which the conciliation officer, conciliation board, mediator or arbitration board is or is not to be appointed, and

(

b) with reference to a proceeding before the board, a union, an employer, or a person, that or who is an applicant or a respondent named in the proceeding or is deemed by the board to be affected thereby; ("parties")

"professional employee" means an employee

(

a) who is, or is eligible to be, a member of a professional organization that is authorized by statute in force in Manitoba to establish qualifications for membership in the organization and the members of which, in the practise of their profession, apply specialized knowledge of a kind ordinarily-acquired by a course of instruction and study-resulting in graduation from a university or similar institution, and

(

b) who, in the course of his employment, is required to have and applies that specialized knowledge; ("professionnel")

"professional strikebreaker" means a person

(

a) who is not involved in a dispute, and

(

b) whose primary object, in the opinion of the board, is to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lockout or legal strike; ("briseur de grève")

"sale" in relation to a business includes a lease, transfer or other disposition of the business; ("vente")

"strike" includes

(

a) a cessation of work, or

(

b) a refusal to work, or

(

c) a refusal to continue to work, or

(

d) a refusal to continue the standard cycle or normal pattern of operation in a place of employment, or

(

e) a slow down of work, or

(

f) an activity in relation to their work that is designed to restrict or limit output,

by or on the part of employees in combination or in concert or in accordance with a common understanding for the purpose of compelling their employer to agree to terms or conditions of employment or to aid other employees in compelling the employer of those other employees to agree to terms or conditions of employment; ("grève")

"strike-related misconduct" means incitement, intimidation, coercion, provocation, infiltration, surveillance or any similar conduct intended to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lockout or legal strike; ("faute reliée à une grève")

"technological change" means

(

a) the introduction by an employer into his work, undertaking or business of equipment or material of a different nature or kind than that previously used by him in the operation of the work, undertaking or business, and

(

b) a change in the manner in which the employer carries on the work, undertaking or business that is directly related to the introduction of that equipment or material: (" changement technologique")

"union" means any organization of employees formed for purposes which include the regulation of relations between employers and employees, and includes a duly organized group or federation of such organizations and for the purpose of this definition an organization may be composed of only one employee; ("syndicat")

"unit" means an employee or a group of employees and, the expression "appropriate for collective bargaining", where used with reference to a unit, means a unit that is appropriate for collective bargaining whether it is an employer unit, craft unit, technical unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employer. ("unité")

Employees deemed not to cease being employees.

2(1)

For the purposes of this Act, no person ceases to be an employee by reason only that he ceases to work as the result of a lockout or strike or by reason only of his dismissal contrary to this Act.

Supervision of employees.

2(2)

For the purposes of this Act, an employee is not exercising management functions or employed in a confidential capacity in matters relating to labour relations by reason of his duties and functions as an employee including the supervision of other employees of the same employer.

Use of masculine gender.

2(3)

In this Act, words importing the masculine gender include unions and employers' organizations.

Crown bound by Act.

The Crown in right of Manitoba is bound by this Act.

Application of Act.

4(1)

This Act applies to

(

a) employees whose relations with their employers in matters to which this Act relates are ordinarily within the exclusive jurisdiction of the Legislature to regulate, in respect of the relations of those employees with their employers;

(

b) the employers of those employees in their relations with those employees; and

(

c) unions and employers' organizations composed of, or representing or claiming to represent, those employees or employers.

Teachers excluded.

4(2)

This Act does not apply to a person or organization to which

Part VIII of The Public Schools Act applies.

Subject to other Acts.

4(3)

This Act is subject to The Fire Departments Arbitration Act and The Civil Service Act.

PART I

UNFAIR LABOUR PRACTICES AND INFRINGEMENT OF RIGHTS

Union membership rights.

5(1)

Every employee has the right

(

a) to be a member of a union;

(

b) to participate in the activities of a union; and

(

c) to participate in the organization of a union.

Employer organization rights.

5(2)

Every employer has the right

(

a) to be a member of an employers' organization;

(

b) to participate in the activities of an employers' organization; and

(

c) to participate in the organization of an employers' organization.

Interference with rights.

5(3)

Every person who interferes with the right of an employee under subsection (1) or the right of an employer under subsection (2) commits an unfair labour practice.

Employer's interference with union.

6(1)

Every employer or employers' organization, and every person acting on behalf of an employer or an employers' organization, who participates in, or interferes with, the formation, selection, or administration of a union, or the representation of employees by a union that is the bargaining agent for the employees, or contributes financial or other support to a union, commits an unfair labour practice.

Certain actions deemed to be interference.

6(2)

Where an employer, or a person who in the ordinary course of the employer's business is authorized to give directions or instructions to employees of the employer or is in a supervisory position over employees of the employer, and who would not reasonably be expected to be within the unit or to be requested to join the union at a time when a union is seeking to be certified as the bargaining agent of a unit of employees of the employer, or is attempting to enlist members from amongst employees of the employer, indicates to an employee who would reasonably be expected to be within the unit or to be requested to join the union

(

a) that he objects to unions or to the union: or

(

b) that he prefers one union over another; or

(

c) that the attitude or policies of the employer will change in any way if the union is certified or a collective agreement is entered into;

he shall be deemed to be interfering with the formation or selection of a union, but nothing in this subsection limits the generality of subsection (1) or, in particular, the meaning of "interferes with the formation or selection of a union".

Exception.

6(3)

An employer, employers' organization or a person acting on behalf of an employer does not commit an unfair labour practice under subsection (1) by reason only that,

(

a) he permits an employee or a representative of a union to confer with him during working hours, or to attend to the business of the union during working hours, without deduction of time so occupied in computation of time worked for the employer, and without deduction of wages in respect of the time so occupied: or

(

b) he provides free transportation to representatives of a union for purposes of collective bargaining; or

(

c) he permits the union to use his premises for purposes of the union; or

(

d) he appears on an application for certification, cancellation of certification or termination of bargaining rights of a union or bargaining agent for the purposes of providing information to the board in respect of the appropriateness or size of a unit for collective bargaining; or

(

e) he contributes financial support to a pension, health or other welfare trust fund, the sole purpose of which is to provide pension, health or other welfare rights or benefits to his employees or former employees or their dependants.

Discrimination in hiring etc.

Every employer and every person acting on behalf of an employer who refuses to employ, or who discharges from employment, or who refuses to continue to employ, or who discriminates in regard to employment against, any person who

(

a) was or is a member of a union; or

(

b) has participated, or is participating in union activities; or

(

c) was or is involved in organizing a union; or

(

d) has made a complaint or filed an application under this or any other Act of the Legislature or of Parliament; or

(

e) has testified or may testify in a proceeding under this or any other Act of the Legislature or of Parliament; or

(

f) has made, or may make, a disclosure that may be required of him in a proceeding under any Act of the Legislature or of Parliament; or

(

g) has participated in or is about to participate in a proceeding under any Act of the Legislature or of Parliament; or

(

h) has exercised or is exercising his rights under this or any Act of the Legislature or of Parliament;

unless he satisfies the board that he did not refuse to employ or discharge from employment or refuse to continue to employ or discriminate in regard to employment against the person because of any of the reasons set out in clauses (

a) to (h), commits an unfair labour practice.

Discrimination within unions.

Every union and every person acting on behalf of a union who intimidates or coerces, or who discriminates in regard to employment, a term or condition of employment or membership in a union, against, or imposes a pecuniary or other penalty on, a person who

(

a) has testified or may testify in any proceeding under this or any other Act of the Legislature or of Parliament; or

(

b) has made or may make a disclosure that may be required of him in a proceeding under this or any other Act of the Legislature or of Parliament; or

(

c) has participated in or is about to participate in a proceeding under this or any other Act of the Legislature or of Parliament; or

(

d) has made a complaint or filed an application under this or any other Act of the Legislature or of Parliament: or

(

e) has exercised or is exercising his rights under this or any other Act of the Legislature or of Parliament;

unless he satisfies the board that he did not intimidate or coerce, or discriminate in regard to employment, a term or condition of employment, or membership in a union against, or impose a pecuniary or other penalty on, the person because of any of the reasons set out in clauses (

a) to (e), commits an unfair labour practice.

Discrimination during organizational period.

Every employer, and every person acting on behalf of an employer who, at a time when a union is seeking to be certified as the bargaining agent of a unit of employees of the employer or is attempting to enlist members from among employees of the employer, discharges or refuses to continue to employ, or refuses to re-employ, or lays off, or transfers, or suspends, or alters the status of, an employee who is a member of the union or who has applied for membership in the union, unless he satisfies the board that the decision to discharge, to refuse to continue to employ, to refuse to re-employ, to lay off, to transfer, to suspend or to alter the status of, the employee was not in any way affected by the employee's membership in the union or application for membership in the union, as the case may be, commits an unfair labour practice.

Restriction on change of conditions on application for certification.

10(1)

Where an application has been made to the board for certification of a bargaining agent for a unit of employees for an employer, if, before the application is granted, dismissed or withdrawn, the employer, without the consent of the board, and not in accordance with a collective agreement affecting those employees and in force and effect at the time, decreases or increases the rate of wages of any employee in the unit or alters any other term or condition of employment in effect at the time of the application, the employer commits an unfair labour practice.

Restriction on changes of conditions after certification.

10(2)

Where a union has been certified as the bargaining agent of a unit of employees of an employer, if

(

a) during the period of 90 days after the date on which the union was certified as the bargaining agent of the unit, or any extension of that period granted by the board under subsection (3); and

(

b) while the certification of the bargaining agent is in effect;

the employer, without the consent of the bargaining agent and not in accordance with a collective agreement affecting those employees and in force and effect at the time, decreases or increases the rate of wages of any employee in the unit, or alters any other term or condition of employment in effect at the time of the certification, the employer commits an unfair labour practice.

Extension of period.

10(3)

At any time before the expiry of 90 days after the date on which a union was certified as the bargaining agent for a unit of employees of an employer, the bargaining agent or employer may apply to the board for an extension of the period during which

(

a) if the employer decreases or increases the rate of wages of an employee in the unit, or alters any other term or condition of employment in effect at the time of certification, he would commit an unfair labour practice;

(

b) the union is prohibited from declaring or authorizing a strike of employees;

(

c) the employer is prohibited from declaring or causing a lockout of the employees; and

(

d) employees in the unit are prohibited from striking;

and the board, if it considers it will assist in the concluding of a collective agreement, may order that the period mentioned in subsection (2) be extended in respect of the bargaining agent and the employer for a single further period not exceeding 90 days.

Restrictions on changes of conditions after termination of collective agreement.

10(4)

Where a collective agreement for a unit of employees has terminated, if, within 12 months after the day on which the collective agreement terminated, the employer, without the written consent of the bargaining agent for those employees and not in accordance with a collective agreement affecting those employees, decreases or increases the rate of wages of any employee in the unit or alters any other term or condition of employment in effect at the time the collective agreement terminated, the employer commits an unfair labour practice unless

(

a) the certification of the bargaining agent is cancelled or the bargaining rights of the bargaining agent are terminated; or

(

b) within that period the employees in the unit have gone on strike; or

(

c) within that period a lockout of the employees in the unit has occurred.

Hiring permanent replacement workers.

Every employer, and every person acting on behalf of an employer, who, prior to or during a lockout or legal strike of a unit of employees of the employer,

(

a) hires, or purports to hire, or offers to hire; or

(

b) indicates to the bargaining agent for the employees in the unit, or to any employee in the unit, any intention or threat to hire or to offer to hire;

any person for the purpose of performing the work normally performed by any employee in the unit for any period of time longer than the duration of the lockout or legal strike, commits an unfair labour practice.

Reinstatement after strike or lockout.

12(1)

Subject to subsection (2), where

(

a) an employee in a unit of employees of an employer ceases to work because the employees in the unit are locked out by the employer or because the employees in the unit are on a legal strike;

(

b) a collective agreement is concluded between the employer and the union which was the bargaining agent for the employees in the unit at the time the lockout or strike commenced; and

(

c) the work performed by the employee at the time the lockout or strike commenced is continued after the lockout or strike is settled;

if the employer or any person acting on behalf of the employer refuses to reinstate the employee for the employment he had at the time the lockout or strike commenced

(

d) in accordance with the provisions of the collective agreement respecting employment of the employees in the unit; or

(

e) in accordance with any other agreement between the employer and the bargaining agent respecting the reinstatement of the employees in the unit; or

(

f) where no agreement respecting the reinstatement of the employees in the unit is reached between the employer and the bargaining agent, as work becomes available on the basis of the seniority standing of the employee in relation to the seniority of the other employees in the unit employed at the time the lockout or strike commenced;

he commits an unfair labour practice.

Defence.

12(2)

An employer or person acting on behalf of an employer does not commit an unfair labour practice under this

section if he satisfies the board that the refusal to reinstate the employee in employment was for a cause for which the employee might have been discharged from employment and which was not related to the strike or lockout or any act in support of the strike or in opposition to the lockout.

Available work defined.

12(3)

For purposes of this section, work which becomes available after a lockout or strike is settled includes work which

(

a) at the time the lockout or strike commenced, was performed by an employee in the unit who ceased to work because of the lockout or strike; and

(

b) during the lockout or strike, was performed by any other person.

Reinstatement where no collective agreement.

13(1)

Where

(

a) an employee in a unit of employees of an employer ceases to work because the employees in the unit are locked out by the employer or because the employees in the unit are on a legal strike;

(

b) the lockout or strike ends without a collective agreement having been concluded between the employer and the union which was the bargaining agent for the employees in the unit at the time the lockout or strike commenced; and

(

c) the work performed by the employee at the time the lockout or strike commenced is continued after the lockout or strike ends;

if the employer, or any person acting on behalf of the employer, refuses to reinstate the employee for the employment which the employee had at the time the lockout or strike commenced

(

d) in accordance with an agreement between the employer and the bargaining agent respecting the reinstatement of the employees in the unit; or

(

e) where no agreement respecting the reinstatement of the employees in the unit is reached between the employer and the bargaining agent, as work becomes available on the basis of the seniority standing of the employee in relation to the seniority of the other employees in the unit employed at the time the lockout or strike commenced;

the employer, or the person acting on behalf of the employer, commits an unfair labour practice.

End of lockout or strike.

13(2)

For purposes of this

section

(

a) a lockout ends on the date on which the employer indicates in writing to the union which was the bargaining agent for the employees in the unit at the time the lockout commenced, that the lockout is over; and

(

b) a legal strike ends on the date on which the union which was the bargaining agent for the employees in the unit at the time the strike commenced indicates in writing to the employer that the strike is over.

Other provisions applicable.

13(3)

Subsections 12(2) and (3) apply with necessary modifications to this section.

Using professional strikebreaker.

14(1)

Every employer or employers' organization, and every person acting on behalf of an employer or employers' organization, who or which uses, or offers to use, or purports to use, or authorizes or permits the use of, a professional strikebreaker commits an unfair labour practice.

Acting as professional strikebreaker.

14(2)

Every person who acts as a professional strikebreaker commits an unfair labour practice.

Strike-related misconduct.

14(3)

Every employer or employers' organization, and every person acting on behalf of an employer or employers' organization, and and every other person or organization who or which engages in strike-related misconduct commits an unfair labour practice.

Effect of refusal to facilitate struck employer.

15(1)

An employee who is in a unit of employees of an employer in respect of which there is a collective agreement in force and who refuses to perform work which would directly facilitate the operation or business of another employer whose employees within Canada are locked out or on a legal strike is not by reason of that refusal in breach of the collective agreement or of any term or condition of his employment and is not, by reason of that refusal, subject to any disciplinary action by the employer or the bargaining agent that is a party to the collective agreement.

Where disciplinary action is unfair labour practice.

15(2)

Every employer, every person acting on behalf of an employer, every bargaining agent and every person acting on behalf of a bargaining agent who imposes or seeks to impose any disciplinary action on an employee who, in the circumstances described in subsection (1), refuses to perform work of the type described in subsection (1) commits an unfair labour practice.

Referral to board.

15(3)

Where a dispute arises between an employer and his employee as to whether work that an employee refuses to perform would directly facilitate the operations or business of another employer whose employees are lawfully on strike or locked out, and the dispute is not resolved, either the employer or the employee may refer the dispute to the board and its decision thereon is binding on all persons affected thereby.

Referral by minister.

15(4)

Where, in the opinion of the minister, it would be advisable to determine whether work that an employee refuses or threatens to refuse to perform would directly facilitate the operations or business of another employer whose employees are lawfully on strike or locked out, the minister may refer the question to the board and its decision thereon is binding on all persons affected thereby.

Saving clause as to wages.

15(5)

Nothing in this

section requires an employer to pay wages to an employee for any period during which the employee refuses to perform the work for which he is employed.

Discharge, etc., for refusal to perform work of striking employee.

Every employer and every person acting on behalf of an employer who discharges or refuses to continue to employ or refuses to re-employ or lays off or transfers or suspends or alters the status of an employee who has refused to perform all or any of the duties or responsibilities of an employee who is lawfully on strike or locked out, unless he satisfies the board that the decision

(

a) to discharge; or

(

b) to refuse to continue to employ; or

(

c) to refuse to re-employ; or

(

d) to lay off; or

(

e) to transfer; or

(

f) to suspend; or

(

g) to alter the status of;

the employee was not in any way affected by the employee's refusal to perform the duties and functions of an employee who is lawfully on strike or locked out, commits an unfair labour practice.

Threats, intimidation and coercion.

Every employer and every person acting on behalf of an employer

(

a) who denies or threatens to deny an employee

(

i) because the employee ceases to work as the result of a strike or lockout not prohibited under this Act, or

(ii) because the employee ceases to work as the result of a dismissal contrary to this Act, or

(iii) because the employee exercises any right conferred upon him under this Act or any other Act of the Legislature or of Parliament, any pension rights or benefits to which the employee is entitled or would have been entitled except for the cessation of work or the exercise of the right; or

(

b) who seeks by intimidation, by coercion, by threat of dismissal or any other kind of threat, or by the imposition of a pecuniary or other penalty, or by a promise, or by a wage increase, or by altering any other term or condition of employment, or by any other means, to compel or induce any person

(

i) to refrain from becoming, or to cease to be, a member or officer or representative of a union, or

(ii) to refrain from exercising any of the person's rights under this Act, or

(iii) to refrain from testifying or otherwise participating in a proceeding under this Act or any other Act of the Legislature or of Parliament, or

(iv) to refrain from making a disclosure that he may be required to make under this Act or any other Act of the Legislature or of Parliament, or

(

v) to refrain from making an application or filing a complaint under this Act or any other Act of the Legislature or of Parliament;

commits an unfair labour practice.

Insurance scheme.

Where

(

a) an employee in a unit of employees of an employer ceases to work because the employees in the unit are locked out by the employer or because the employees in the unit are on a legal strike; and

(

b) the union which was the bargaining agent for the employees in the unit at the time the lockout or strike commenced tenders, or attempts to tender, to the employer, for the duration of the lockout or strike, the premiums in respect of a medical, dental, disability, life or other insurance scheme normally maintained by the employer on behalf of the employees in the unit;

if the employer, or any person acting on behalf of the employer, without lawful excuse,

(

c) denies or threatens to deny to the employee any benefit under the insurance scheme; or

(

d) cancels or threatens to cancel the insurance scheme; or

(

e) refuses to accept any of the premiums tendered by the bargaining agent; or

(

f) fails to remit to the insurer any of the premiums tendered by the bargaining agent;

the employer, or the person acting on behalf of the employer, commits an unfair labour practice.

Acts of unions.

Every union, and every person acting on behalf of a union

(

a) who, in any way, suspends, expels or penalizes a member because he has refused to engage in or refused to continue to engage in a strike that is prohibited under this Act; or

(

b) who requires an employer to terminate the employment of an employee because the employee has been expelled or suspended from membership in the 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 union as a condition of acquiring or retaining membership in the union;

(

c) who expels or suspends an employee from membership in a union by applying to him in a discriminatory manner the membership rules of the union; or

(

d) who seeks by intimidation, fraud, or coercion, or the imposition of a pecuniary or any other penalty, to compel or induce a person to become or refrain from becoming, or to seek to be, a member or officer of a union or to deprive any person of the person's rights under this Act;

commits an unfair labour practice.

Duty of fair representation.

Every bargaining agent which is a party to a collective agreement, and every person acting on behalf of the bargaining agent, which or who, in representing the rights of any employee under the collective agreement,

(

a) in the case of the dismissal of the employee,

(

i) acts in a manner which is arbitrary, discriminatory or in bad faith, or

(ii) fails to take reasonable care to represent the interests of the employee; or

(

b) in any other case, acts in a manner which is arbitrary, discriminatory or in bad faith;

commits an unfair labour practice.

Interference with union representatives visiting employees.

21(1)

Where an employee resides on land owned by, or under the control of,

(

a) his employer; or

(

b) a person who owns or has an interest in the land on which the operation in which the employee is employed is conducted:

if the person owning or having control of or having an interest in the land prohibits, prevents or interferes with any visit to the employee by a representative of the union to whom the board has issued a permit under this section, in accordance with the terms of the permit, for any purpose relating to the formation, organization, selection or administration of a union or solicitation of membership in the union, the person commits an unfair labour practice.

Issue of permit.

21(2)

On application therefor, the board may issue a permit to a representative of a union to visit employees who reside on land owned by, or under the control of, their employer or a person who owns or has an interest in the land on which the operation in which the employees are employed is conducted, and the board may make the permit subject to such terms as the board deems advisable.

Visit under subsec. (1) not a trespass.

21(3)

A representative of a union who visits an employee in the circumstances described in subsection (1) is not, by reason solely of going on the land for the purposes of that visit, a trespasser on the land on which the visit is made.

Interference with communications.

22(1)

Where in accordance with an agreement described in subsection (2) or an order under subsection (7), a representative of a bargaining agent which is certified to act on behalf of a unit of employees of an employer visits the employer's workplace for the purpose of communicating with any employee in the unit with respect to any matter relating to this Act or the collective agreement, if any, between the bargaining agent and the employer, if the employer, or any person acting on behalf of the employer, prohibits, prevents or interferes with the visit, the employer, or the person acting on behalf of the employer, commits an unfair labour practice.

Meetings re access agreement.

22(2)

Where a bargaining agent is certified to act on behalf of a unit of employees of an employer, the bargaining agent and the employer, or their representatives, shall meet as necessary from time to time for the purpose of concluding an agreement setting out the specific terms whereby representatives of the bargaining agent may visit the employer's workplace for the purpose of communicating with the employees in the unit.

Time of first meeting.

22(3)

The first of the meetings referred to in subsection (2) shall take place within 14 days of the later of

(

a) the coming into force of this section; and

(

b) the certification of the bargaining agent;

or at such later time as the bargaining agent and the employer may agree.

Assistance from board.

22(4)

Where either the certified bargaining agent or the employer requests the board in writing to appoint a representative of the board to confer with the bargaining agent and the employer, or their representatives, for the purpose of concluding an agreement described in subsection (2), the board shall appoint a representative for that purpose, and the bargaining agent and the employer or their representatives shall, at such times and places as may be designated by the representative of the board, meet and confer with the representative of the board with a view to concluding an agreement described in subsection (2).

Access agreement.

22(5)

Where the certified bargaining agent and the employer conclude an agreement described in subsection (2), they shall forthwith

(

a) commit the terms of the agreement to writing; and

(

b) file a copy of the agreement with the board.

Failure to conclude access agreement.

22(6)

Where the certified bargaining agent and the employer fail to conclude an agreement described in subsection (2) or to renegotiate an agreement in accordance with subsection (9), either of them may apply to the board for an order authorizing representatives of the certified bargaining agent to visit the employer's workplace for the purpose of communicating with the employees in the unit.

Access order.

22(7)

(

a) the legitimate interest of the employer in ensuring that the operation of the workplace is not unduly disrupted: and

(

b) the legitimate interest of the certified bargaining agent in facilitating communication between its representatives and employees in the unit at the workplace;

and the board may, upon application by either party, vary the order from time to time as circumstances require.

Authorized visit not a trespass.

22(8)

A representative of a certified bargaining agent who visits an employee in the circumstances described in subsection (1) is not, by reason solely of going into the employer's workplace for the purposes of that visit, a trespasser in the workplace.

Renegotiation of agreement.

22(9)

Notice to renegotiate an agreement described in subsection (2) may be given by either the certified bargaining agent or the employer at the same time and in the same manner as a notice to bargain collectively in accordance with this Act, but until the agreement is renewed or revised or a new agreement is concluded between the parties, the agreement described in subsection (2) continues in full force and effect and is binding on the certified bargaining agent and the employer.

Contractual conditions restraining rights.

23(1)

Every employer, employers' organization and union, and every person acting on behalf of an employer, an employers' organization or a union, who imposes any condition in a contract of employment or collective agreement seeking to restrain an employee from exercising his rights under this

Part commits an unfair labour practice, and any such condition in a contract of employment or collective agreement is void.

Collective agreement conditions allowed.

23(2)

Nothing in this Act prohibits the parties to a collective agreement from inserting in the collective agreement a provision requiring, as a condition of obtaining employment, membership in a specified union, or granting a preference of employment to members of a specified union or requiring the payment of dues or contributions to a specified union.

Provisions requiring discharge of employees.

23(3)

Any provision in a collective agreement requiring an employer to discharge an employee because the employee is, or continues to be a member of, or engages in activities on behalf of,

(

a) a specified union; or

(

b) a union other than a specified union;

is void.

Bargaining with unit that is not bargaining agent.

24(1)

Where a union is the bargaining agent for a unit, every employer and employers' organization, and every person acting on behalf of an employer or employers' organization, who bargains collectively for the purpose of entering into a collective agreement, or purports to enter into a collective agreement, with another union in respect of that bargaining unit commits an unfair labour practice.

Union bargaining for another union's members.

24(2)

Where a union is the bargaining agent for a unit, every other union, and every person acting on behalf of another union, who bargains collectively for the purpose of entering into a collective agreement, or purports to enter into a collective agreement, with an employer or with an employers' organization on behalf of, or purporting, designed or intended to be binding upon employees in that bargaining unit, commits an unfair labour practice.

Void agreements.

24(3)

Any agreement entered into as a result of an unfair labour practice committed under subsection (1) or (2) is void.

Interrogation prohibited.

25(1)

Every employer, and every person acting on behalf of an employer, who inquires of an employee or of a person seeking employment with the employer whether the employee or person

(

a) is a member of, or has applied for membership in, a union; or

(

b) has exercised any of the employee's or person's rights under this Act;

commits an unfair labour practice.

Defence.

25(2)

An employer or a person acting on behalf of an employer does not commit an unfair labour practice under subsection (1) if the employer required the information for the purpose of enabling the employer to comply with a collective agreement affecting his employees.

Not bargaining in good faith.

Every party to collective bargaining which fails to comply with any requirement of, as the case may be,

section 62 or 63 in the circumstances described therein commits an unfair labour practice.

Failure to provide information.

Every employer, and every person acting on behalf of an employer, who fails to comply with any requirement of subsection 66(1) or (2) in the circumstances described therein commits an unfair labour practice.

Failure to co-operate in conciliation or mediation.

28(1)

Every party to collective bargaining, and every representative of a party to collective bargaining, which or who fails to comply with any requirement of, as the case may be, subsection 67(3) or

section 102 in the circumstances described therein commits an unfair labour practice.

Prima facie proof.

28(2)

For the purposes of subsection (1), a certificate or written statement purporting to be signed by

(

a) in the case of a requirement under subsection 67(3), the conciliation officer; or

(

b) in the case of a requirement under

section 102, the mediator or the chairperson of the conciliation board;

and stating that a party or its representative has failed to comply with the requirement, shall be admissible in evidence before the board as prima facie proof that the party or the representative has failed to comply with the requirement.

Failure to remit dues.

Every employer, and every person acting on behalf of an employer, who fails to comply with any requirement of subsection 76(1) in the circumstances described therein commits an unfair labour practice.

Complaint alleging unfair labour practice.

30(1)

Any employer, employee or other person, or any union or employers' organization, who or which alleges the commission of an unfair labour practice may file a written complaint in respect thereof with the board.

Undue delay.

30(2)

The board may refuse to accept a complaint filed under subsection (1) where, in the opinion of the board, the complainant unduly delayed in filing the complaint after the occurrence, or the last occurrence, of the alleged unfair labour practice.

Disposition of complaint.

30(3)

Where the board accepts a complaint filed under subsection (1), the board may

(

a) refer the complaint to a representative of the board for purposes of subsection (4); or

(

b) proceed directly to hold a hearing into the alleged unfair labour practice; or

(

c) at any time decline to take further action on the complaint.

Duties of board representative.

30(4)

A representative of the board to whom a complaint is referred under clause (3)(

a) shall

(

a) inquire into the alleged unfair labour practice;

(

b) endeavour to effect a settlement of the complaint between the parties thereto and any other person, union or employers' organization affected by the alleged unfair labour practice; and

(

c) report to the board

(

i) the results of the inquiry, and

(ii) where applicable, whether the alleged unfair labour practice has been settled to the satisfaction of every person, union or employers' organization affected thereby.

Results of settlement.

30(5)

Where a complaint alleging an unfair labour practice has been settled, whether through the endeavours of a board representative or otherwise, the board may issue in respect of the settlement a consent order in accordance with subsection 140(9); and every party named in the consent order which fails to comply with the terms thereof commits an unfair labour practice.

Board hearing.

31(1)

Where a complaint alleging an unfair labour practice has not been settled or where the board is proceeding under clause 30(3)(b), the board may hold a hearing into the alleged unfair labour practice.

Interim order.

31(2)

Findings of board.

31(3)

After the conclusion of a hearing under this section, the board shall decide

(

a) whether any party to the hearing has committed an unfair labour practice; and

(

b) where the board finds that a party has committed an unfair labour practice, whether or not any person has suffered diminution of income or other employment benefits, or any other loss, by reason of the unfair labour practice, and the amount of any such diminution of income or other employment benefits or other loss.

Remedies for unfair labour practice.

31(4)

Where the board finds that a party to a hearing under this

section has committed an unfair labour practice it may, as it deems reasonable and appropriate and notwithstanding the provisions of any collective agreement,

(

a) order a party which is an employer to reinstate in employment any employee whose employment has been terminated by reason of the unfair labour practice; or

(

b) order any party which is an employer to employ any person who has been refused employment by reason of the unfair labour practice; or

(

c) order any party which is a union to reinstate as a member of the union any person whose membership in the union has been terminated by reason of the unfair labour practice; or

(

d) order the party to pay to any person referred to in clause (3)(

b) an amount in compensation for the diminution of income or other employment benefits or other loss suffered by the person; or

(

e) where the unfair labour practice interfered with the rights of any person under this Act but the person has not suffered any diminution of income or other employment benefits or other loss by reason of the unfair labour practice, order the party to pay to the person an amount not exceeding $2,000.; or

(

f) where the unfair labour practice interfered with the rights of a union, employer or employers' organization under this Act, whether or not the union, employer or employers' organization has suffered any loss by reason of the unfair labour practice, order the party to pay to the union, employer or employers' organization an amount not exceeding $2,000.;

(

g) order the party to cease and desist any activity or operation which constitutes the unfair labour practice; or

(

h) order the party to rectify any situation resulting from the unfair labour practice; or

(

i) order the party to do, or refrain from doing, anything that is equitable to be done or refrained from in order to remedy any consequence of the unfair labour practice; or

(

j) do two or more of the things set out in clauses (

a) to (i).

Effect of other proceedings.

31(5)

The board may make an order against any party to a proceeding under this

section whether or not the party has been convicted of an offence under any other Act of the Legislature or of Parliament, or has been sued for general or special damages or both, in respect of the act or omission which constitutes the unfair labour practice.

Unfair labour practice not offence.

31(6)

An unfair labour practice is not an offence.

Freedom of speech.

32(1)

Nothing in this Act deprives any person of his freedom to express his views if he does not use intimidation, coercion, threats, or undue influence or interfere with the formation or selection of a union.

Right of employer to suspend, discharge, etc.

32(2)

Except as expressly provided herein, nothing in this Act affects the right of an employer to suspend, transfer, lay-off, or discharge an employee for proper and sufficient cause.

Rights against trespassers preserved.

33(1)

Subject to sections 21 and 22, nothing in this

Part curtails, abridges or affects the rights of an employer who is in lawful possession of land or premises to recover damages from, or to obtain any other remedy against, a trespasser.

Disruption of operations.

33(2)

Nothing in this Part authorizes any person to disrupt the ongoing operation of an employer's workplace by attempting, during the working hours of an employee at the workplace, to persuade the employee

(

a) to become, or continue to be; or

(

b) to refrain from becoming or continuing to be; a member of a union.

PART II

CERTIFICATION AND BARGAINING RIGHTS

Right to apply for certification.

34(1)

A union seeking to be certified as the bargaining agent for employees in a proposed unit appropriate for collective bargaining may, subject to this Act and the regulations, apply to the board for certification as the bargaining agent for employees in the proposed unit.

Where application may be made at any time.

34(2)

Subject to subsection 35(3) and any regulation under clause 141(l)(d), where no collective agreement in respect of the employees in a unit is in force and no bargaining agent has been certified under this Act for employees in the unit, an application for certification as bargaining agent for the employees in the unit may be made at any time.

Application where bargaining agent previously certified.

35(1)

Where no collective agreement in respect of the employees in a unit is in force but a bargaining agent has been certified under this Act for employees in the unit, no application for certification as bargaining agent for employees in the unit shall be made by another union until

(

a) after the expiry of 12 months from the date on which the bargaining agent was certified; or

(

b) after the expiry of 12 months from the date on which any court proceedings arising from the certification of the bargaining agent have been concluded;

whichever is the later, or

(

c) the certification of the bargaining agent is cancelled.

Restrictions on applications for certification.

35(2)

Where a collective agreement in respect of the employees in a unit is in force, no application for certification as bargaining agent for employees in the unit shall be made by another union

(

a) during the first six months after the date on which the collective agreement became effective; or

(

b) during the last three months of the term of the collective agreement; or

(

c) where the collective agreement is for a term of 18 months or less, except during the three months immediately preceding the last three months of the term of the collective agreement;

(

d) where the collective agreement is for a term of more than 18 months, except during the three months immediately preceding any anniversary of the date on which the collective agreement became effective or during the three months immediately preceding the last three months of the term of the collective agreement; or

(

e) where the collective agreement

(

i) is for a term of one year, and

(ii) provides that it will continue to be effective for a further term of one year, or for successive terms of one year each, unless one of the parties thereto gives to each of the other parties thereto notice of termination thereof, or notice of a desire to bargain collectively with a view to the renewal or revision thereof or to the conclusion of a new collective agreement, except during the three months immediately preceding the three months preceding any date on which the collective agreement may be terminated.

Application after termination of agreement.

35(3)

Where a collective agreement has terminated and the parties thereto have either after the termination of the agreement or within three months before the termination of the agreement, bargained collectively with one another with a view to the renewal or revision of the collective agreement or the conclusion of a new collective agreement, no application for certification of a bargaining agent for employees in a unit affected by the collective agreement shall be made until after 90 days after the termination of the agreement except

(

a) by the bargaining agent which was a party to the collective agreement; or

(

b) with the consent of that bargaining agent.

Further restriction on applications for certification.

35(4)

Where the provisions of a collective agreement affecting employees in a unit have been settled by the board under

section 87, no application for certification as bargaining agent for employees in the unit shall be made by a union during the term of that collective agreement.

No application during first six months of work stoppage.

35(5)

Where

(

a) the employees in a unit are lawfully on strike; or

(

b) the employees in the unit are lawfully locked out by their employer;

no union shall apply to the board to be certified as the bargaining agent for those employees within six months from the date of the commencement of the strike or lockout; and thereafter an application by a union to be certified as the bargaining agent for those employees shall be made only with the consent of the board.

Composition of unit during strike or lockout.

35(6)

Where, after obtaining the consent of the board under subsection (5), a union applies to the board to be certified as the bargaining agent for the employees in a unit, for the purposes of the application and the holding of a vote in connection with the application, unless in the opinion of the board there are compelling industrial relations reasons to the contrary, only those employees

(

a) who on the day immediately preceding the date the strike or lockout commenced were in the unit and on the payroll of the employer; and

(

b) who, in the opinion of the board, have a continuing interest in the outcome of the strike or lockout;

shall be deemed to be the employees in the unit.

Notice to show cause as to change of bargaining agent.

36(1)

Where within fewer than 30 days from the date of giving notice to commence collective bargaining, a collective agreement is renewed or revised or replaced by a new collective agreement, on the application of

(

a) employees affected by the renewed, revised or new agreement; or

(

b) any person on behalf of the employees;

the board, in its absolute discretion and notwithstanding subsection 35(2), may require the parties to the renewed, revised or new agreement, or any of them, to show cause why a union which is not a party to the renewed, revised or new agreement should not be permitted to apply to be certified as the bargaining agent for those employees in place of the union which is a party to the renewed, revised or new agreement.

Hearing and order.

36(2)

Upon receipt of an application under subsection (1) the board shall

(

a) fix a date, time and place for the hearing of the application;

(

b) give reasonable notice of the date, time and place so fixed to the applicant and the parties to the renewed, revised or new agreement; and

(

c) on the date, time and place so fixed, hear those persons notified under clause (b);

and after considering the evidence adduced before it, the board may make such order with respect to the matter as it considers just and reasonable.

Application with consent of board.

Notwithstanding

section 35, where the board is of the opinion that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application for certification of a bargaining agent for employees in the unit at a time other than as authorized under

section 35, and that it is not reasonable in the circumstances that the employees or the employer, as the case may be, should suffer that damage or loss, the board may receive and consider an application for the certification of a bargaining agent for the employees in the unit at any time.

Joint applications.

Two or more unions may join in an application for certification as bargaining agent for the employees in a proposed unit appropriate for collective bargaining; and the provisions of this Act relating to an application by one union and all matters or things arising therefrom apply in respect of that application and those unions as if the application were made by one union.

Determination of appropriate unit.

39(1)

Where a union applies to be certified as bargaining agent for the employees in a proposed unit and the board is satisfied upon a preliminary examination of the material filed and a review of other available facts that the matters stated in support of the application are substantially true, it shall determine whether the proposed unit in respect of which the application is made is appropriate for collective bargaining.

Powers of board on determination of unit.

39(2)

In determining whether a proposed unit is appropriate for collective bargaining, the board, if it deems it appropriate to do so, may alter the description of the proposed unit and

(

a) include additional employees or classes of employees: or

(

b) exclude employees or classes of employees: or

(

c) create two or more units appropriate for collective bargaining;

or do any two or more of those things.

Professional employees in unit.

39(3)

The board shall not include professional employees practising a profession in a unit with employees who are not professional employees practising that profession unless it is satisfied that a majority of the professional employees practising that profession wish to be included in the unit; and the board may take such steps as it deems appropriate to determine whether the professional employees wish to be included in the unit.

Interim certification.

39(4)

Where upon application for the certification of a union the board is satisfied that any dispute as to the composition of the unit cannot affect the union's right to certification, the board may certify the union as the bargaining agent for the unit on an interim basis pending the determination of the composition of the unit by the board, whereupon either party may give notice to commence collective bargaining under

section 60; and upon determining the composition of the unit, the board shall certify the union as the bargaining agent for the employees in the unit.

Time not to run until final certificate.

39(5)

Where the board certifies a union on an interim basis under subsection (4), the time period referred to in subsection 35(1) does not begin to run until after the date of the final certification of the union.

Certification, representation vote, or dismissal.

40(1)

Subject to this Part, where the board has received an application for certification and has determined the unit which is appropriate for collective bargaining and is satisfied

(

a) that, as at the date of the filing of the application, 55% or more of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall certify the union making the application as the bargaining agent for employees in the unit: or

(

b) that, as at the date of the filing of the application, 45% or more but fewer than 55% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall conduct a vote among the employees in the unit in accordance with subsection 48(2); or

(

c) that, as at the date of the filing of the application, fewer than 45% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall dismiss the application.

Representation vote in displacement application.

40(2)

Notwithstanding subsection (1), where a union is the bargaining agent for employees in a unit and another union applies to the board to be the certified bargaining agent for those employees, if the union which is the bargaining agent does not consent to or objects to the certification of the other union as the bargaining agent of those employees and the board is satisfied that, as at the date of the application, 45% or more of the employees in the unit wished to have the applicant union represent them as their bargaining agent, the board shall conduct a vote among the employees in the unit in accordance with subsection 48(2).

Certification or dismissal based on result.

40(3)

Where, pursuant to a vote held in accordance with subsection 48(2), the result indicates

(

a) that the majority of employees in the unit found appropriate for collective bargaining who voted on the issue wish the applicant union to represent them as their bargaining agent, the board shall certify the union as the bargaining agent for the employees in the unit; or

(

b) that fewer than a majority of the employees in the unit found appropriate for collective bargaining who voted on the issue wish the applicant union to represent them as their bargaining agent, the board shall dismiss the application for certification.

Discretionary certification for unfair labour practice.

Where a union applies for certification as the bargaining agent for employees in a unit which the board determines is appropriate for collective bargaining and

(

a) the board is satisfied that the employer, or any person acting on behalf of the employer, has committed an unfair labour practice as a result of which the true wishes of the employees are not likely to be ascertained; and

(

b) the union has evidence of membership support adequate, in the opinion of the board, for purposes of collective bargaining;

the board may, notwithstanding

section 40, certify the union as the bargaining agent for the employees in the unit.

Employees employed by two or more employers.

Where a union applies to be certified as bargaining agent for employees in a proposed unit for collective bargaining, if the unit includes employees of two or more employers, the board shall not certify the union as the bargaining agent for the employees in the unit unless the board is satisfied that it might certify the union under this Act as the bargaining agent for those employees in the unit who are employees of each of the employers if a separate application for that purpose were made by the union in respect of the employees of each of the employers.

Employer influence.

Where, in the opinion of the board, the administration, management or policy of a union is

(

a) influenced by an employer to the extent that the fitness of the union to act as bargaining agent for employees in collective bargaining is impaired; or

(

b) dominated by the employer;

an agreement entered into between that union and the employer shall be deemed not to be a collective agreement for the purposes of this Act, and the board shall not certify that union as a bargaining agent for employees of that employer.

Effect of certification.

Subject as otherwise provided herein, where a union is certified under this Act as the bargaining agent for the employees in a unit

(

a) the union immediately replaces any other bargaining agent for employees in the unit, and has exclusive authority to bargain collectively on behalf of employees in the unit and, subject to subsection 69(1), to bind them by a collective agreement until the certification of the union in respect of employees in the unit is cancelled;

(

b) if another union has previously been certified as bargaining agent for employees in the unit, the certification of that other union is cancelled in respect of those employees; and

(

c) if, at the time of certification, a collective agreement binding on, or entered into on behalf of, employees in the unit is in force

(

i) the bargaining agent which is a party to the agreement on behalf of the employees thereafter has no rights or authority under the agreement or by virtue of this Act,

(ii) the union is substituted as a party to the agreement in place of the bargaining agent which is a party to the agreement on behalf of employees in the unit to the extent that the wording and context of the agreement permits, and

(iii) the union may, notwithstanding anything in the agreement, apply to the board for authority to terminate the agreement upon three months notice to the employer, and the board may grant such authority.

Wishes of employees.

45(1)

Evidence that an employee is a member of the union as at the date of the filing of an application for certification shall, subject to subsection (4), be conclusively deemed to be evidence of the employee's wish to have the union represent the employee as his or her bargaining agent as at that date.

Minimum membership requirements.

45(2)

A person is a member of a union for the purpose of an application by the union for certification if

(

a) the person has joined the union within six months before the date on which the application for certification was made, by making application for membership in the union; or

(

b) the person was, on the day six months before the day on which the application for certification was made, a member of the union;

and prior to the date of the application for certification the person has not terminated his or her membership in the union by taking reasonable and unequivocal steps to do so, or the membership of the person has not been terminated or suspended by the union.

Determination of union membership.

45(3)

Where the board is satisfied that a 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, in determining whether a person is a member of the union, shall not consider those eligibility requirements.

Membership not proof of wishes where intimidation.

45(4)

Where a union applies to the board to be certified as the bargaining agent for employees in a unit and the board is satisfied that, in the solicitation of memberships, the union or any person acting on behalf of the union engaged in or committed acts of intimidation, fraud or coercion, or threatened to impose a pecuniary or any other penalty, to compel or induce a person to become a member of the union, the board may dismiss the application or order a vote to determine the wishes of the employees in the unit.

Examination and inquiries by board.

45(5)

The board may, for the purpose of determining whether employees in a unit on the date of a certification application were members of the union, make or cause to be made examinations of records and other inquiries as it deems necessary, including the holding of hearings, and may prescribe the nature of the evidence to be furnished to the board.

Board not to disclose membership evidence.

45(6)

The records of a union relating to membership or any records which may disclose whether a person is or is not a member of a union produced in a proceeding before the board are for the exclusive use of the board and its representatives; and no person shall, except with the consent of the board, disclose any such records or be compelled to disclose whether a person is or is not a member of a union.

Board may requisition report on appropriateness, etc.

46(1)

In any certification proceeding, the board may assign a representative of the board to gather relevant information and to prepare a report for the board related to any one or more of

(

a) the appropriateness of the unit; or

(

b) the employer's operations; or

(

c) the facts based on which the constitutional jurisdiction of the board may be determined.

Use of report.

46(2)

Where a report has been prepared under subsection (1), the board shall supply copies thereof to all parties; and the report is admissible in evidence in the certification proceeding as prima facie proof of its contents.

Representative not compellable.

46(3)

Nothing in this

section makes the person who prepares a report under subsection (1) a compellable witness in the certification proceeding.

Standing of employer on certification application.

47(1)

For the purpose of a determination by the board of the appropriateness of a unit for collective bargaining, or for the conduct of a vote, an employer may provide the board with information, and where required by the board to provide information, the employer shall do so; but an employer has no status in the determination by the board of the wishes of employees in the unit.

Standing of employee on certification application.

47(2)

Any employee in a unit proposed by a union or determined by the board to be appropriate for collective bargaining may file an objection to an application for certification by the union on the ground that there was intimidation, fraud, or coercion, or the threatened imposition of a pecuniary or any other penalty, by the union or any person acting on behalf of the union, involved in the solicitation of union memberships.

Votes.

48(1)

The board may, in any certification proceeding, for purposes of satisfying itself as to the wishes of employees in a unit or in a proposed unit or as to the wishes of professional employees practising a profession in a unit or a proposed unit, order that a vote or such votes as it deems advisable be taken among the employees or among the professional employees, as the case may be.

Procedure on votes.

48(2)

Where the board conducts or orders a vote under this Part, it shall

(

a) describe the unit or proposed unit for the purposes of taking the vote and, where necessary, the professional employees in the unit or proposed unit practising each separate profession; and

(

b) make such arrangements and give such directions as it considers necessary for the proper conduct of the vote, including the preparation of ballots, the method of casting and counting ballots, and the custody and sealing of ballot boxes.

Application of quick vote.

48(3)

Where the board has ordered and conducted a vote among employees in a proposed unit prior to determining the appropriateness of the unit for collective bargaining, the board shall, upon determining the unit which is appropriate for collective bargaining, proceed to determine to its satisfaction the percentage of the employees in the appropriate unit who wished to have the applicant union represent them as their bargaining agent at the time the application was made, and where the percentage is as described in clause 40(l)(b), the board may treat the vote referred to in this subsection as a vote conducted in compliance with clause 40(l)(

b) and is not required to conduct any further vote in order to comply with clause 40(l)(b).

Application for cancellation or termination by employee.

49(1)

An employee claiming to represent a majority of the employees in a unit represented by a bargaining agent may, subject to this section, apply to the board

(

a) to cancel the certification of the bargaining agent, if it is the certified bargaining agent for the unit; or

(

b) to terminate the bargaining rights of the bargaining agent, if it has not been certified.

Time for application.

49(2)

An application under subsection (1) may be made at any time that an application may be made under

section 35, in which case that

section shall, with necessary modifications, apply to the application.

Exceptional cases.

49(3)

Notwithstanding subsection (2), where the board is satisfied that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application made by an employee in the unit to cancel the certification of the bargaining agent representing the employees or terminate the bargaining rights of the bargaining agent representing the employees, and that it is not reasonable in the circumstances that the employees or their employer, as the case may be, should suffer that damage or loss, the board may receive and consider an application under subsection (1) at any time.

Dismissal of application to cancel, etc.

50(1)

If the board is satisfied that fewer than 50% of the employees in the unit represented by the bargaining agent support an application made under

section 49, the board shall dismiss the application.

Ordering a vote.

50(2)

If the board is satisfied that 50% or more of the employees in the unit represented by the bargaining agent support an application made under

section 49, the board shall conduct a vote in accordance with subsection 48(2).

Dispensing with vote.

50(3)

Notwithstanding subsection (2), where the bargaining agent does not oppose an application made under

section 49, and the board is satisfied that more than 50% of the employees in the unit support the application, the board may dispense with a vote and

(

a) where the bargaining agent is certified, cancel the certification; or

(

b) where the bargaining agent is not certified, terminate the bargaining rights;

of the bargaining agent.

Board's discretion to dismiss.

50(4)

Notwithstanding subsection (2), and notwithstanding that the board is satisfied that 50% or more of the employees in the unit support an application made under

section 49, the board may dismiss the application without a vote if the board is satisfied that, at a time when the employer and the bargaining agent were obliged under this Act to bargain collectively in good faith and to make every reasonable effort to conclude a collective agreement, the bargaining agent made such efforts in good faith but the employer failed or refused to make such efforts in good faith, with the result that, in the opinion of the board, the collective bargaining process has been frustrated.

Disposition of application after vote.

Where the result of a vote held under

section 50 indicates that, of the employees in the unit who vote,

(a) 50%, or fewer than 50%, support an application under

section 49, the board shall dismiss the application; or

(

b) more than 50% no longer wish to be represented by a certified bargaining agent, the board shall cancel the certification of the bargaining agent; or

(

c) more than 50% no longer wish to be represented by a bargaining agent which has not been certified, the board shall terminate the bargaining rights of the bargaining agent.

Cancellation of certification where fraud.

Where a union has been certified as bargaining agent for employees in a unit, if

(

a) upon an application made to the board by

(

i) any employee in the unit, or

(ii) the employer of the employees, or

(iii) any union which appeared before the board when the bargaining agent was certified; or

(

b) after a hearing held by the board on its own motion;

the board is satisfied

(

c) that the certification was obtained by the fraud of the union which was certified; and

(

d) that the evidence to support the finding in clause (c)

(

i) was not and could not, by the exercise of reasonable diligence, have been presented to the board in the certification proceeding, and

(ii) is such that the board would have refused to certify the union as bargaining agent for employees in the unit if the evidence had been presented to it in the certification proceeding;

the board may cancel the certification of the bargaining agent.

Cancellation for abandonment.

53(1)

Where, after the expiry of 12 months from the date of certification of a bargaining agent for a unit, or after the expiry of 12 months from the date on which any court proceeding arising from the certification has been concluded, whichever is later, the board is satisfied on the application of any employee in the unit, or on its own motion, that the bargaining agent has failed to exercise its bargaining rights, the board may cancel the certification of the bargaining agent.

Employer request for investigation.

53(2)

An employer may request the board to investigate whether a certified bargaining agent has failed to exercise its bargaining rights, and, following the investigation, the board may proceed in accordance with subsection (1).

Effect of cancellation of certification, etc.

Where the certification of a bargaining agent for a unit is cancelled by the board, or the bargaining rights of a bargaining agent for a unit are terminated by the board, the employer of the employees in the unit, notwithstanding any other provision of this Act, is not required to bargain collectively with that bargaining agent in respect of that unit, and subject to clause 44(

c) any collective agreement in force and effect between the parties with respect to that unit is terminated.

PART III

SUCCESSOR RIGHTS

Merger, etc. of bargaining agent.

55(1)

Where, in a proceeding before the board or on application by the union concerned, the board is satisfied that a union is, by reason of a merger, amalgamation or transfer of jurisdiction, the successor of any union which, at the time of the merger, amalgamation, or transfer of jurisdiction, was a bargaining agent, the board may

(

a) declare that the successor has, or has not, acquired the rights, privileges and obligations under this Act of its predecessor; or

(

b) dismiss the application.

Successor rights and obligations.

55(2)

Where the board makes an affirmative declaration under subsection (1), for the purposes of this Act, the successor union acquires the rights, privileges and obligations of its predecessor under this Act or under a collective agreement or otherwise, and, without limiting the generality of the foregoing,

(

a) the successor becomes the bargaining agent for the employees in any unit for which the predecessor was the bargaining agent;

(

b) the successor is bound by any collective agreement which, on the date of the merger, amalgamation or transfer of jurisdiction, was binding on the predecessor with respect to employees in that unit;

(

c) the successor becomes the applicant in any certification proceeding commenced by the predecessor on or before the date of merger, amalgamation, or transfer of jurisdiction, and may, subject to this Act, be certified by the board as the bargaining agent for the unit in respect of which the application was made; and

(

d) the successor union becomes, or is entitled to become, a party to any other proceedings taken under this Act, including proceedings under a collective agreement, which are pending on the date on which the merger, amalgamation, or transfer of jurisdiction takes place to which the predecessor union was, or was entitled to be, a party.

Effective date of declaration.

55(3)

A declaration made under subsection (1) shall have effect from a time, before or after the date of the application, determined by the board.

Sale of business.

56(1)

Subject to subsection (2), where an employer sells the employer's business to another person, for the purposes of this Act, the person to whom the business is sold acquires the rights, privileges and obligations of the predecessor employer under this Act or under a collective agreement or otherwise and, without limiting the generality of the foregoing,

(

a) any union which is the bargaining agent for any of the employees employed in the business continues to be the bargaining agent for those employees;

(

b) a union which, on or before the date on which the business was sold, applied for certification for a proposed unit which includes any employees employed in the business may, subject to this Act, be certified by the board for the unit found appropriate by the board;

(

c) the person to whom the business is sold is bound by any collective agreement which was, on the date on which the business was sold, applicable to any of the employees employed in the business; and

(

d) the person to whom the business is sold becomes, or is entitled to become, a party to any proceeding taken under this Act, including any proceeding under a collective agreement, which is pending on the date on which the business is sold, to which the predecessor employer was, or was entitled to be, a party.

Amending certificate, etc. where intermingling.

56(2)

Where

(

a) an employer sells the employer's business;

(

b) at the time of the sale, a union is bargaining agent for any of the employees employed in the business, or a union has made an application described in clause (1)(b); and

(

c) the employees of the predecessor employer are intermingled with employees of the person to whom the business is sold; and whether or not those employees, were, on the day the business was sold, members of a unit represented by a bargaining agent;

the board may, on application by any bargaining agent affected by the intermingling or on its own motion,

(

d) determine whether the employees affected constitute one or more units appropriate for collective bargaining;

(

e) determine which union shall be the bargaining agent for the employees in each such unit and, if the board considers it necessary or advisable to do so, it may order a vote to determine the wishes of the employees in the unit or units it considers appropriate, and if it does so, subsections 48(2) and (3) apply with necessary modifications;

(

f) amend, to the extent the board considers necessary, any certificate issued to a bargaining agent, or, if there is no certificate, any provision in a collective agreement which describes the scope of the unit covered by the collective agreement;

(

g) prescribe such modifications or restrictions as the board considers necessary or advisable to the operation or effect of any of the provisions of any collective agreement which is, at the time of the sale, binding on any of the employees in the units determined to be appropriate under clause (d), taking into account the extent to which and the fairness with which those provisions have been or could be applied to the employees affected

(

i) in order to remove any inconsistencies or conflicts between two or more collective agreements or resulting from the intermingling, and

(ii) in order to define or re-define the seniority rights under a collective agreement of the employees affected by the sale;

(

h) give any further direction the board considers necessary or advisable as to the

interpretation or application of a collective agreement affecting the employees in a unit affected by the sale; and

(

i) declare that any determination, amendment, prescription or direction under clauses (

d) to (

h) shall have effect from a time, before or after an application under this subsection is made, as determined by the board.

Application to open collective agreement.

56(3)

Notwithstanding subsection (2), where an employer sells the employer's business and the employees of the business are intermingled with employees of the employer to whom the business is sold, where the board is of the opinion that a bargaining agent, the employees in a unit or their employer, or any of them, would suffer substantial and irremediable damage or loss if the bargaining agent or the employer or both were not permitted to serve notice upon the other party to commence collective bargaining with a view to the revision of the collective agreement or the conclusion of a new collective agreement between them, and that it is not reasonable in the circumstances that the bargaining agent, the employees or the employer, as the case may be, should suffer that damage or loss, the board may make an order authorizing any party to give notice to bargain and to terminate a collective agreement in such manner and upon such notice as may be specified in the order.

Duty on parties to alleged sale.

Where, on an application made under

section 56 or in any other proceeding before the board, a union alleges that a sale of a business has occurred, the parties involved in the alleged sale shall adduce at the hearing all facts within their knowledge which are material to the allegation.

Merger or amalgamation of businesses.

Sections 56 and 57 apply with necessary modifications where two or more businesses are amalgamated or merged.

Associated businesses, etc.

59(1)

Where, on application by any person or in any other proceeding before the board, the board is satisfied that associated or related activities or businesses are carried on, whether or not simultaneously, by or through more than one corporation, individual, firm, syndicate or association, or a combination of them, under common control or direction, the board may treat them as constituting one employer for the purposes of this Act and grant such relief, by way of declaration or otherwise, as it may deem appropriate.

Duty on affected parties.

59(2)

Where on the hearing of an application or in the course of a proceeding referred to in subsection (1) it is alleged that more than one corporation, individual, firm, syndicate, association or any combination thereof are or were under common control or direction, the parties affected by the allegation shall adduce all facts within their knowledge which are material to the allegation.

Effective date of determination.

59(3)

A determination or declaration made under subsection (1) shall have effect from such time, before or after the date of the application or motion, as determined by the board.

PART IV

COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS

Requisition to commence collective bargaining.

Where a union has been certified as a bargaining agent for employees in a unit, and no collective agreement with the employer binding on, or entered into on behalf of, employees in the unit, is in force,

(

a) the bargaining agent may, by notice, require the employer to commence collective bargaining; or

(

b) the employer or an employers' organization representing the employer may, by notice, require the bargaining agent to commence collective bargaining;

with a view to the conclusion of a collective agreement in respect of the employees in the unit.

Notice to commence collective bargaining for renewal, etc., of agreement.

61(1)

Subject to subsection (2) not more than 90 days and not less than 30 days next preceding the date of expiry of the term of, or preceding the termination of, a collective agreement, whether entered into before or after the coming into force of this Act, a party thereto may by notice require the other party thereto to commence collective bargaining with a view to the renewal or revision of the collective agreement or the conclusion of a new collective agreement.

Provision of different period of notice.

61(2)

Where a collective agreement provides for a period of notice to commence collective bargaining that is longer or shorter than the period required under subsection (1), that provision of the agreement has effect in respect of notice to commence collective bargaining given under the agreement or this Act.

Notice to revise agreement open to revision.

61(3)

Where a collective agreement provides that any or a specific provision thereof is subject to revision during the term thereof, a party thereto may, subject to any provision of the collective agreement by notice require the other party thereto to commence collective bargaining with a view to the revision of any or the specific provision of the collective agreement.

Obligation to negotiate.

Where notice to commence collective bargaining has been given under

section 60, the certified bargaining agent and the employer, or employer's organization representing the employer, shall without delay, but in any case within 10 clear days after the notice was given or such further time as the parties may agree, meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith with one another, and shall make every reasonable effort to conclude a collective agreement.

Effect of notice under

section 61.

63(1)

Where a party to a collective agreement has given notice under

section 61 or subsection 83(3) to the other party to the collective agreement the parties shall, without delay, but in any case within 10 clear days after the notice was given or such further time as the parties may agree on, meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith and make every reasonable effort to conclude a renewal or revision of the collective agreement or a new collective agreement.

Effect of notice to revise, etc.

63(2)

Where

(

a) a collective agreement provides that it will continue to be in effect after a specific period or for successive periods unless one of the parties thereto gives to the other parties notice of termination; and

(

b) one of the parties to the collective agreement gives to the other parties notice thereunder to bargain collectively with a view to the renewal or revision of the collective agreement or the conclusion of a new collective agreement:

the notice to bargain collectively shall, subject to subsection (3) or unless the collective agreement provides otherwise, be deemed not to be notice of termination of the collective agreement.

Termination by strike or lockout.

63(3)

A notice to bargain collectively given in the circumstances described in subsection (2) shall be deemed to be notice of termination of the collective agreement given under the termination provisions of the collective agreement for purposes of any strike by, or lockout of, the employees in the unit in respect of which the collective agreement is in force, and any strike or lockout which commences after the deemed date of termination of the collective agreement resulting from the notice is not contrary to this Act and immediately terminates the collective agreement.

Effect of notice under 61(3).

63(4)

Where a party to a collective agreement has given notice under subsection 61(3), if a revision of any or the specific provision of the collective agreement to which the notice relates is not agreed upon by the parties to the collective agreement within 90 days after the day on which the notice was given, or such longer or shorter period as the collective agreement may provide, a party thereto may give notice of termination of the collective agreement to the other party thereto, and thereupon the collective agreement is terminated as of the day on which the notice of termination is given or on such other later day as the notice of termination may specify.

More than one notice under subsection (4).

63(5)

Where two or more parties to a collective agreement give notices of termination of the collective agreement under subsection (4), the collective agreement is terminated as of the earliest of

(

a) the dates specified in the notices of termination for termination; or

(

b) the dates on which any notices of termination that do not specify a date for termination were given.

Powers of board.

Where a party to a collective agreement has given notice under

section 61 to the other party to the collective agreement, if an application for certification of a new bargaining agent for the employees in the unit affected by the collective agreement is pending, or the board is considering the cancellation of the certification or the termination of the bargaining rights of the bargaining agent for the employees, it may order that collective bargaining be suspended until a decision has been made respecting the application, the cancellation or the termination.

Limitation on withdrawal from bargaining.

Where collective bargaining has been entered into under

section 62 or 63, a party so bargaining collectively shall not discontinue, or withdraw from, the collective bargaining on the ground that no notice, or improper or insufficient notice, has been given under

section 60 or 61.

Information as to employees.

66(1)

Where a bargaining agent has been certified to represent employees in a unit of employees of an employer and no collective agreement has been concluded between the bargaining agent and the employer, the employer shall, within 21 days of any request therefor by the bargaining agent, supply the bargaining agent with a list of all employees in the unit indicating

(

a) the job title or classification of each employee;

Information during collective agreement.

66(2)

Where

(

a) a collective agreement is in force between an employer and a bargaining agent for employees in a unit of employees of the employer; and

(

b) at least one year has expired after any previous request made by the bargaining agent under this section;

the employer shall, within 21 days of any request therefor by the bargaining agent, supply the bargaining agent with a list of all employees in the unit indicating the information referred to in subsection (1).

Board may extend time limit.

66(3)

Other obligations.

66(4)

The obligations imposed on an employer by this

section are in addition to, and not in substitution for, any other obligation imposed on the employer by this Act, and nothing in this

section shall be interpreted to restrict or extinguish any such other obligation, including the obligation to bargain in good faith under

section 62 or 63.

Appointment of conciliation officer.

67(1)

Where

(

a) a notice to commence collective bargaining has been given under this Act, and

(

i) collective bargaining has not commenced within the time prescribed herein; or

(ii) collective bargaining has commenced;

and either party thereto requests the minister in writing to appoint a conciliation officer to confer with the parties thereto to assist them to conclude a collective agreement or a renewal or revision thereof, and the request is accompanied by a statement of the difficulties, if any, that have been encountered before the commencement or in the course of the collective bargaining; or

(

b) in any case in which, in the opinion of the minister, it is advisable so to do;

the minister shall appoint a conciliation officer to confer with the parties engaged in collective bargaining.

Functions on conciliation.

67(2)

Forthwith after being appointed under subsection (1), the conciliation officer shall confer with the parties to the collective bargaining and shall endeavour to bring about agreement between them in relation to all matters referred.

Conciliation meetings.

67(3)

Each party or its representatives shall, on the request of a conciliation officer appointed under subsection (1),

(

a) meet and confer with the conciliation officer and the other party or its representatives at such times and places as may be designated by the conciliation officer; and

Report to minister.

68(1)

Within 30 days after being appointed under subsection 67(1), or within such longer period as may be agreed upon by the parties or allowed from time to time by the minister, the conciliation officer shall make a report to the minister setting out

(

a) the matters, if any, upon which the parties cannot agree; and

(

b) the recommendations, if any, of the conciliation officer as to what further proceedings might be taken to facilitate settlement between the parties.

Exceeding time limit.

68(2)

Failure of a conciliation officer to report to the minister within the time prescribed under subsection (1) does not invalidate the proceedings of the conciliation officer or terminate the authority of the conciliation officer under this Act.

Report not admissible.

68(3)

A report made by a conciliation officer under subsection (1) is not admissible in evidence before the board or in any court in the province, in any matter or proceeding under a statute or law of the province or otherwise within the jurisdiction of the Legislature, and the conciliation officer is not a competent or compellable witness with respect thereto.

No liability.

68(4)

No conciliation officer is liable for any loss or damage suffered by any person by reason of any action or omission of the conciliation officer in the discharge of the duties of the conciliation officer under this Act.

Remuneration for conciliation officers.

68(5)

A conciliation officer who is not employed by the government under The Civil Service Act shall be paid such remuneration as may be fixed by the minister.

Vote to accept or reject proposed agreement.

69(1)

Where as a result of bargaining collectively a bargaining agent for a unit of employees and the employer of those employees, or an employers' organization acting on behalf of the employer, reach agreement on the renewal or revision of the collective agreement between them or the provisions of a first or a new collective agreement, the bargaining agent shall, within 30 days of the reaching of agreement between the parties, cause to be held a vote by secret ballot of the union members in the unit to determine whether the union members accept or reject the proposed collective agreement.

Notice and opportunity to cast ballot.

69(2)

The bargaining agent shall give the union members in the unit

(

a) reasonable notice of a vote under subsection (1); and

(

b) a reasonable opportunity to cast a ballot in the vote.

Majority determines question.

69(3)

A majority of those union members in the unit who vote on the question of acceptance or rejection of the proposed collective agreement shall determine the question.

Exceptions.

69(4)

This

section does not apply to

(

a) a first collective agreement the provisions of which are settled by the board under

section 87; and

(

b) unless the parties thereto provide otherwise in the collective agreement, any amendment to a provision of a collective agreement made by the parties during the term of, or prior to the termination of, the collective agreement.

Complaint re ratification vote.

70(1)

Any union member in a unit affected by a proposed collective agreement to which

section 69 applies who alleges a failure to comply with any requirement of

section 69 may file a complaint in respect thereof with the board.

Remedy.

70(2)

Where the board finds that a complaint under subsection (1) is justified, it may make any order it considers appropriate to secure compliance with

section 69, including an order directing that a vote, or a new vote, be held under subsection 69(1).

Board order final.

70(3)

Any order made by the board under subsection (2) is final and binding on the parties to the proposed collective agreement and the employees in the unit affected thereby.

Deemed compliance.

70(4)

Where no complaint under subsection (1) is filed with the board within 15 days after a vote held in purported compliance with

section 69, the vote shall be conclusively deemed to have been carried out in accordance with the requirements of

section 69.

Rejection of proposed collective agreement.

Where in a vote held under subsection 69(1) the union members in a unit reject a proposed collective agreement, notwithstanding anything in this Act,

(

a) the proposed collective agreement is not binding on the parties thereto or any employee in the unit; and

(

b) if as a result of further collective bargaining the parties reach agreement on a subsequent proposed collective agreement which differs from the collective agreement rejected in the vote, the bargaining agent shall cause to be held a vote under subsection 69(1) in respect of the subsequent proposed collective agreement.

Binding collective agreement.

72(1)

Where in a vote held under subsection 69(1) the union members in a unit accept a proposed collective agreement, the proposed collective agreement becomes, subject to and for the purposes of this Act, a collective agreement which is binding upon

(

a) the bargaining agent and every employee in the unit to which the collective agreement applies; and

(

b) the employer who has entered into the collective agreement or on whose behalf it has been entered into.

Execution and filing.

72(2)

The parties to a collective agreement referred to in subsection (1) shall, forthwith after the vote held under subsection 69(1),

(

a) commit the terms of the collective agreement to writing;

(

b) execute and deliver, each to the other, a copy of the collective agreement; and

(

c) file two copies of the collective agreement with the board;

and the parties shall comply in a like manner with respect to any amendment to the collective agreement which they make during the term or prior to the termination thereof.

Saving.

72(3)

Failure by the parties, or either of them, to comply with subsection (2) does not invalidate any proceedings under the collective agreement or this Act.

Agreements open to public inspection.

73(1)

Subject to subsection (2), every collective agreement filed with the board under this Act is open to public inspection after 14 days have expired from the date of filing.

Exemption.

73(2)

Upon application by either party within the 14 day period referred to in subsection (1), the board may declare that a collective agreement shall not be open to public inspection, or that it shall be open to restricted public inspection, as the board deems appropriate in order to prevent undue prejudice to either party to the collective agreement.

Agreement deemed for term of one year.

74(1)

Notwithstanding anything therein contained, every collective agreement, shall, if for a term of less than a year, be deemed to be for a term of one year from the date upon which it came into operation, or if for an indeterminate term shall be deemed to be for a term of at least one year from that date: and no agreement to which this subsection applies shall, except as provided by

section 44,

section 54, subsection 63(4) or subsection 83(3), or with the consent of the board, be terminated by the parties thereto within a period of one year from that date.

Extension of term of collective agreement.

74(2)

Notwithstanding subsection (1), where a collective agreement does not contain a provision of the kind described in clause 63(2)(

a) the parties may, in the collective agreement or otherwise and before or after the term of the collective agreement has expired, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal or revision or for a new collective agreement, but either party may, upon 48 hours notice to the other party, terminate the continued operation of the collective agreement.

Revision during term of agreement.

Subject to

section 74, nothing in this Act prevents the parties to a collective agreement from agreeing to amend a provision of the collective agreement during the term thereof.

Compulsory check-off.

76(1)

Every collective agreement entered into, revised or renewed, between a union and an employer shall contain a provision requiring the employer

(

a) to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular membership dues payable by a member of the union, except that where the employee is not a member of the union the amount deducted shall not include any portion of such dues that is payable in respect of pension, superannuation, sickness, insurance or other benefits that are available only to persons who are or have been members of the union or in respect of special assessments payable by members of the union;

(

b) to remit the amounts deducted under clause (

a) to the union monthly or as may be provided in the collective agreement; and

(

c) to inform the union, monthly or as may be provided in the collective agreement, of the names of the employees from whose wages deductions have been made under clause (

a) and the amounts so deducted from each employee's wages.

Where not in agreement.

76(2)

Where a collective agreement entered into, revised or renewed, between a union and an employer does not contain a provision as required under subsection (1), it shall be deemed to contain such a provision and the employer shall comply with the provision.

Determination re religious objector.

76(3)

An employee in a unit in respect of which a collective agreement is in force may apply to the board for a determination that

(

a) the employee is a member of a religious group which has as one of its articles of faith the belief that members of the group are precluded from being members of, and financially supporting, any union or professional association; and

(

b) the employee has a personal belief in those articles of faith;

and where the board makes the determination,

(

c) the union which is a party to the collective agreement ceases to be obligated under this Act or the collective agreement to represent or act on behalf of the employee;

(

d) the employer of the employee shall deduct from the employee's wages the amount required under clause (l)(a), but, notwithstanding clause (l)(

b) and subsection (2), shall remit the amount so deducted to a charity agreed upon by the employee and the union, or if no such agreement can be reached, to a charity designated by the board; and

(

e) the employer is not, by reason solely of complying with clause (d), in breach of any provision of the collective agreement which requires the deduction of regular dues from the wages of the employee and the remittance thereof to the union.

Application of closed shop agreement to conscientious objector.

Where

(

a) a collective agreement in respect or a unit of employees of an employer provides for membership in a union as a condition of employment or continued employment or provides for preference of employment to a member of a union; and

(

b) an employee in the unit in respect of which the collective agreement is in effect satisfies the board that

(

i) the employee is a member of a religious group which has as one of its articles of faith the belief that members of the group are precluded from being members of, and financially supporting, any union or professional association, and

(ii) the employee has a personal belief in those articles of faith;

the board may, on application of the employee, by order exempt the employee from complying with that provision of the collective agreement and in that case the employer may employ or continue to employ or grant preference in employment to, that employee without being in breach of the collective agreement.

Provision for final settlement.

78(1)

Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties thereto, or persons bound by the agreement or on whose behalf it was entered into, concerning its meaning, application, or alleged violation.

Deemed arbitration provisions.

78(2)

Where a collective agreement does not contain a provision as required under subsection (1), it shall be deemed to contain the following provisions, which shall be numbered or lettered as may be required in the collective agreement:

(

a) Where a violation of this agreement is alleged, or a difference arises between the parties to this agreement relating to the dismissal or discipline of an employee, or to the meaning,

interpretation, application or operation of this agreement (including a difference as to whether or not a matter is arbitrable), either party, without stoppage of work and after exhausting any grievance procedure established by this agreement, may notify the other party in writing of its desire to submit the alleged violation or difference to arbitration; and thereafter the parties shall, subject to clause (b), agree on an arbitrator to hear and determine the matter and issue a decision, which decision is final and binding on the parties and any person affected thereby.

(

b) Where the parties agree that an arbitration board rather than an arbitrator should determine a matter, the parties shall appoint an arbitration board to hear and determine the matter and issue a decision, which decision is final and binding on the parties and any person affected thereby.

(

c) The provisions of The Labour Relations Act respecting the appointment, powers, duties and decisions of arbitrators and arbitration boards apply hereto.

Modification of settlement provision.

78(3)

Where, in the opinion of the board, any part of the final settlement provision in a collective agreement required under subsection (1), including the method of appointment of an arbitrator or arbitration board, is inadequate, or the provisions set out in subsection (2) or the provisions of this Act respecting the appointment, powers, duties and decisions of arbitrators or arbitration boards are unsuitable in any particular case, the board, on the application of a party to the collective agreement, may modify any such provision in such manner as not to conflict with subsection (1); but, until so modified, the final settlement provision required under subsection (1), or the arbitration provisions set out in subsection (2), as the case may be, applies or apply.

Final settlement provision binding.

78(4)

Every party to and every person bound by a collective agreement, and every person on whose behalf the collective agreement was entered into, shall comply with, as the case may be, the final settlement provision required under subsection (1) or the arbitration provisions set out in subsection (2), and shall fulfill all of the party's or person's other obligations under the collective agreement.

Continuation of final settlement provision.

78(5)

Notwithstanding that a collective agreement is no longer in force, the final settlement provision thereof required under subsection (1) or the arbitration provisions set out in subsection (2), as the case may be, continues or continue in force after the expiry of the term, or the termination, of the collective agreement in respect of every event which occurred during the term, or prior to the termination, of the collective agreement.

Just cause provision.

79(1)

Every collective agreement shall contain a provision requiring that the employer have just cause for disciplining or dismissing any employee in the unit bound by the collective agreement.

Deemed just cause provision.

79(2)

Where a collective agreement does not contain a provision as required under subsection (1), it shall be deemed to contain the following provision:

The employer shall not discipline or dismiss any employee bound by this agreement except for just cause.

Exception for probationary period.

79(3)

Where the parties so provide in the collective agreement, the provision which is required or deemed to be in the collective agreement under this

section shall not apply to the probationary period of any employee in the unit bound by the collective agreement.

Obligation to act fairly, etc.

80(1)

Every collective agreement shall contain a provision obliging the employer, in administering the collective agreement, to act reasonably, fairly, in good faith, and in a manner consistent with the collective agreement as a whole.

Deemed fairness provision.

80(2)

Where a collective agreement does not contain a provision as required under subsection (1), it shall be deemed to contain the following provision:

In administering this agreement, the employer shall act reasonably, fairly, in good faith, and in a manner consistent with the agreement as a whole.

Matters unrelated to agreement

80(3)

Nothing in this

section prevents the parties to a collective agreement from including therein a provision obliging the employer to act reasonably, fairly and in good faith with respect to any matter which is not covered by the collective agreement but which affects the bargaining agent or any employee in the unit bound by the collective agreement.

Consultation during collective agreement.

81(1)

Where

(

a) notice to bargain collectively has been given by a bargaining agent, employer or employers' organization under

section 60 or 61, or parties have begun to bargain collectively; and

(

b) any party affected by the notice or engaged in the collective bargaining sends to the other party a written request that the collective agreement contain a provision requiring the parties thereto to have ongoing consultations during the term thereof respecting issues relating to the workplace which affect the parties or any employee in the unit bound by the collective agreement;

the parties shall include such a provision in the collective agreement.

Deemed consultation provision.

81(2)

Where either party has made a written request in accordance with subsection (1) but the parties cannot reach agreement respecting the provision required thereunder to be included in the collective agreement, the collective agreement shall be deemed to contain the following provision:

During the term or prior to the termination of this agreement, the parties shall, at the request of either party, meet at least once every two months for the purpose of discussing issues relating to the workplace which affect the parties hereto or any employee bound hereby.

Agreed provisions for settlement of disputes in bargaining.

82(1)

Subject to subsection (2), where a collective agreement includes a provision setting out a procedure for the final settlement without stoppage of work, by arbitration or otherwise, of any dispute arising in collective bargaining entered into by the parties to the collective agreement for the purpose of renewing or revising the collective agreement, or entering into a new collective agreement,

(

a) that provision applies to such disputes arising between the parties whether before or after the termination of the collective agreement; and

(

b) the provisions of this Act respecting procedures in collective bargaining in so far as they are inconsistent with that provision of the collective agreement do not apply to the parties to the collective agreement.

Provision not to be arbitrated.

82(2)

Where a collective agreement includes a provision setting out a procedure for the final settlement without stoppage of work, by arbitration or otherwise, of any dispute arising in collective bargaining entered into by the parties to the collective agreement for the purpose of renewing or revising the collective agreement or concluding a new collective agreement, if a party to the collective agreement refuses to settle a dispute concerning the inclusion of that type of provision in a renewed or revised collective agreement or new collective agreement in accordance with that provision, a provision of that type shall not be included in the renewed or revised collective agreement or the new collective agreement.

Notice of technological change.

83(1)

Contents of notice.

83(2)

The notice referred to in subsection (1) shall be in writing and shall state

(

a) the nature of the technological change;

(

b) the day on which the employer proposes to effect the technological change;

(

c) the approximate number and type of employees likely to be affected by the technological change; and

Notice to bargain.

83(3)

Where an employer gives notice under subsection (1), the bargaining agent bound by the collective agreement may serve notice upon the employer to commence collective bargaining with a view to the revision of the collective agreement or the conclusion of a new collective agreement, and thereupon the collective agreement in effect at the time the notice is given terminates on the earlier of

(

a) the date of expiry thereof; or

(

b) the day 90 days after the day on which the notice to commence collective bargaining is served upon the employer;

unless it is renewed prior thereto.

Arbitration of effect of technological change.

Failure to serve notice.

85(1)

Where an employer who is bound by a collective agreement affecting a unit of his employees fails to give notice of a proposed technological change in accordance with subsection 83(1) the bargaining agent may submit to arbitration the question of whether the employer

Effect of affirmative award.

85(2)

Application of sections 83, 84 and 85.

Sections 83, 84 and 85 do not apply to an employer and a bargaining agent who are bound by a collective agreement where

(

a) the employer has given to the bargaining agent a notice in writing of the technological change that is substantially in accordance with subsection 83(2)

(

i) not less than four days before the day on which the employer and the bargaining agent revised or renewed the collective agreement or entered into the collective agreement; or

(ii) not later than four days before the last day on which notice requiring the parties to commence collective bargaining for the purpose of entering into the collective agreement could have been given pursuant to

section 61, if no notice was given under that section; or

(

c) the collective agreement contains provisions that

(

i) are intended to assist employees affected by any technological change to adjust to the effects of the technological change, and

(ii) specify that sections 83, 84 and 85 do not apply during the term of the collective agreement to the employer and the bargaining agent; or

(

d) the collective agreement was concluded before this

section came into force; or

(

e) the employer and the bargaining agent agree by way of an agreement that is ancillary or supplementary to the collective agreement that the employer may make the technological change.

Dispute re first agreement.

87(1)

Where

(

a) an employer or bargaining agent for a unit is required, by notice given under

section 60 after the coming into force of this section, to commence collective bargaining with a view to the conclusion of a first collective agreement between the employer and the bargaining agent in respect of the unit;

(

b) a conciliation officer has been appointed under subsection 67(1) to confer with the bargaining agent and the employer;

(

c) a period of 90 days after the certification of the bargaining agent, and any period of extension that may be ordered in respect of the bargaining agent and the employer under subsection 10(3), have expired; and

(

d) the bargaining agent and the employer have not concluded a first collective agreement;

the bargaining agent or the employer may apply in writing to the board to settle the provisions of a first collective agreement between the parties.

Board to settle agreement.

87(2)

Where a bargaining agent or an employer makes an application under subsection (1), the board shall

(

a) notify the other party that the application has been made;

(

b) inquire into the negotiations between the parties; and

(

c) proceed to settle the provisions of a fi