44.1. A representative association may make a sector-based agreement referred to in the first paragraph of section 44 if it is authorized thereto by the majority of its members exercising their right to vote in a secret ballot.
The sector-based employers’ association may negotiate such an agreement if it is authorized thereto in a secret ballot that it must hold for the members of the employers’ association who, in the monthly reports sent by them to the Commission in the first 12 of the 15 complete calendar months preceding the month in which the ballot is held, declared hours as having been worked in the sector. It has received authorization if, in the ballot, the employers favourable to the agreement constitute a majority under the terms of the constitution and by-laws of the sector-based employers’ association or, failing a provision in that respect in the constitution and by-laws, if the employers favourable to the agreement constitute a majority of those who exercised their right to vote.
1993, c. 61, s. 26; 1995, c. 8, s. 23.