45.2. Where the operation of part of an undertaking is transferred, the following rules apply:
(1) for the purposes of labour relations between the new employer and the association of employees involved, a collective agreement referred to in the second paragraph of section 45 that has not expired on the effective date of the transfer is deemed to expire on the day the transfer becomes effective;
(2) the new employer is not bound by the certification or the collective agreement where a special agreement on the transfer includes a clause to the effect that the parties waive the application of the second paragraph of section 45. Such a clause binds the Tribunal but does not affect the effect, within the transferring employer’s enterprise, of the certification of the association of employees having signed the agreement.
Subparagraph 1 of the first paragraph does not apply in the case of the transfer of the operation of part of an undertaking between employers of the public and parapublic sectors within the meaning of paragraph 1 of section 111.2.
2001, c. 26, s. 32; 2003, c. 26, s. 4; 2015, c. 15, s. 237.