U-0.1 - Act respecting bargaining units in the social affairs sector

Section 20 Disposition versions

2016-01-01

20. Upon receipt of one or more petitions filed under section 17, the Administrative Labour Tribunal proceeds as follows, subject to section 21:

(1)  if the Tribunal concludes that the petitioning association is the only association to have filed a petition to represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(2)  if the Tribunal concludes that the petitioning association, in keeping with the first paragraph of section 19, has obtained the agreement of all the associations of employees referred to in that paragraph that it represent the employees to be included in a new bargaining unit, the Tribunal certifies the association, indicating the class of personnel included in the new bargaining unit;

(3)  if the Tribunal concludes that all the petitioning associations agree, in keeping with the second paragraph of section 19, to have one of their number certified to represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(4)  if the Tribunal concludes that all the petitioning associations agree, in keeping with the second paragraph of section 19, to merge into a single association of employees, it certifies the association of employees resulting from the merger, indicating the class of personnel included in the new bargaining unit;

(5)  if the Tribunal concludes that there is more than one association petitioning to represent the employees to be included in a new bargaining unit, it orders the holding of a vote for the employees of the bargaining unit and certifies the association of employees that obtains the greatest number of votes, indicating the class of personnel included in the new bargaining unit.

2003, c. 25, s. 20; 2015, c. 15, s. 237.

2005-08-24

20. Upon receipt of one or more petitions filed under section 17, the Commission des relations du travail proceeds as follows, subject to section 21:

(1)  if the Commission concludes that the petitioning association is the only association to have filed a petition to represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(2)  if the Commission concludes that the petitioning association, in keeping with the first paragraph of section 19, has obtained the agreement of all the associations of employees referred to in that paragraph that it represent the employees to be included in a new bargaining unit, the Commission certifies the association, indicating the class of personnel included in the new bargaining unit;

(3)  if the Commission concludes that all the petitioning associations agree, in keeping with the second paragraph of section 19, to have one of their number certified to represent the employees to be included in a new bargaining unit, it certifies the association, indicating the class of personnel included in the new bargaining unit;

(4)  if the Commission concludes that all the petitioning associations agree, in keeping with the second paragraph of section 19, to merge into a single association of employees, it certifies the association of employees resulting from the merger, indicating the class of personnel included in the new bargaining unit;

(5)  if the Commission concludes that there is more than one association petitioning to represent the employees to be included in a new bargaining unit, it orders the holding of a vote for the employees of the bargaining unit and certifies the association of employees that obtains the greatest number of votes, indicating the class of personnel included in the new bargaining unit.

2003, c. 25, s. 20.