c-27, r. 3.1 - Rules relating to polling proceedings held in accordance with the Labour Code

Updated to 4 May 2017

This document has official status.

chapter C-27, r. 3.1

Rules relating to polling proceedings held in accordance with the Labour Code

Labour Code

(chapter C-27, s. 37.2).

CHAPTER I SCOPE

Decision 2017-04-19, c. I.

1. These rules are intended to provide a framework for the polling proceedings pursuant to sections 28, 37 and 37.1 of the Labour Code (chapter C-27), which must be held by secret ballot.

Decision 2017-04-19, s. 1.

CHAPTER II PREPARATION FOR THE VOTE

Decision 2017-04-19, c. II.

2. A labour relations officer appointed pursuant to section 86 of the Act to establish the Administrative Labour Tribunal (chapter T-15.1), is the electoral officer responsible for holding the vote.

He may designate another labour relations officer in order to assist him in handling the vote. The other labour relations officer acts as a deputy.

Decision 2017-04-19, s. 2.

3. After consulting the parties, the electoral officer establishes the voting procedure. The procedure may vary, depending on whether voters cast their ballots in person or, exceptionally, by mail.

The electoral officer sends the parties an explanatory document on the voting procedure.

Decision 2017-04-19, s. 3.

4. For the purpose of the vote, the employer draws up a list of employees including, in alphabetical order, the surname, given name, position and address of each employee in the bargaining unit agreed upon by the parties or determined by the Tribunal, on the date the petition for certification was filed. The employer sends the list to the electoral officer.

Decision 2017-04-19, s. 4.

5. Further to a request by an association of employees, the electoral officer may provide the list of employees to the association’s duly authorized representative, provided he undertakes, in writing, to use the list only for the purpose of the vote and to destroy it within 30 days of the vote.

Decision 2017-04-19, s. 5.

CHAPTER III LIST OF EMPLOYEES WHO ARE ENTITLED TO VOTE

Decision 2017-04-19, c. III.

6. The electoral officer prepares the voters’ list.

The list includes, in alphabetical order, the names of the employees who are entitled to vote and are employed by the employer on the day of the vote, unless the Tribunal sets another date.

Decision 2017-04-19, s. 6.

7. Any employee who has been dismissed, suspended or transferred and whose reinstatement has been ordered pursuant to the Labour Code (chapter C-27) may vote, unless he has refused to resume his duties after having been duly called back to work.

Any employee who has filed a complaint under section 16 of the Code may vote, but his vote will be counted only if it has an impact on the representative character of the association of employees and if the employee subsequently obtains a reinstatement order.

Decision 2017-04-19, s. 7.

8. Any challenges to the voters’ list must be promptly submitted to the electoral officer in writing.

The contestation clearly identifies the employee whose eligibility to vote is being challenged, as well as the grounds for the contestation. Contestations may not operate to delay the vote.

Decision 2017-04-19, s. 8.

9. If he cannot decide on the contestation, the electoral officer will allow the employee whose right to vote is being challenged to vote within the period specified in the voting notice. His ballot will, however, be kept in a sealed envelope.

Decision 2017-04-19, s. 9.

10. If a person present at the poll on the day of the vote claims that he is entitled to vote even though his name is not on the voting list, he can vote.

The electoral officer or his deputy may require such person to swear that he meets the conditions for voting.

In the event of a disagreement as to the person’s eligibility to vote, the ballot is kept in a sealed envelope.

Decision 2017-04-19, s. 10.

CHAPTER IV CONDUCT OF THE VOTE

Decision 2017-04-19, c. IV.

11. The electoral officer sends each party a voting notice in which the following information is provided:

(1)  the names of the associations of employees that are up for election;

(2)  the voting method;

(3)  the date the voting period begins and the date it ends;

(4)  the date, time and place fixed for the counting of the votes.

Decision 2017-04-19, s. 11.

12. Where voters cast their ballots in person, the electoral officer applies the rules defined in the voting procedure in Schedule 1.

Decision 2017-04-19, s. 12.

13. In the event the electoral officer authorizes a postal vote, he sends each employee who is entitled to vote a ballot and envelope, a postage-paid return envelope and the instructions they need in order to exercise their right. The rules defined in the voting procedures in Schedule 1 apply to postal votes, provided they are compatible with this voting method.

Decision 2017-04-19, s. 13.

14. The electoral officer ensures that the employer makes copies of the voting notice and the list of employees in the bargaining unit concerned, and posts the documents for the employees in a conspicuous place at least 48 hours before the polls open.

Decision 2017-04-19, s. 14.

15. All propaganda is forbidden on the day of the vote.

Decision 2017-04-19, s. 15.

16. A party interested in the representative character of an association of employees may, in writing, appoint 2 representatives for each poll.

Decision 2017-04-19, s. 16.

17. Should there be any disorder, the electoral officer can halt the vote. He explains the reasons for his decision in a report and sends it to the Tribunal and the interested parties.

Decision 2017-04-19, s. 17.

CHAPTER V COUNTING OF THE VOTES

Decision 2017-04-19, c. V.

18. The votes are counted on the date and time determined by the electoral officer. Any party interested in the representative character of a petitioning association of employees may attend the counting of the votes.

Decision 2017-04-19, s. 18.

19. The ballots kept in a sealed envelope are counted only if there are enough to have an impact on the outcome of the vote. In such cases, the electoral officer transmits the record to the Tribunal in order that the parties may be heard.

Decision 2017-04-19, s. 19.

20. The electoral officer informs the interested parties of the result of the vote.

Decision 2017-04-19, s. 20.

CHAPTER VI FINAL PROVISIONS

Decision 2017-04-19, c. VI.

21. (Omitted).

Decision 2017-04-19, s. 21.

22. The rules relating to polling proceedings provided for in sections 13 to 25 of the Regulation respecting the exercise of the right of association under the Labour Code (chapter C-27, r. 4), no longer apply.

Decision 2017-04-19, s. 22.

SCHEDULE 1

VOTING PROCEDURE

1. Before voting begins, the electoral officer or his deputy must inform the representatives of the parties of the directives of the Tribunal administratif du travail pertaining to their presence and their conduct during the vote.

2. The electoral officer or his deputy must:

(a)  check the ballots;

(b)  check and lock each ballot box. If a seal is used, write the number of the seal on the Décompte de scrutin form and inform the parties;

(c)  supply each representative with a list of employees who have the right to vote and identify employees who have a conditional right to vote or who must place their ballots in a sealed envelope;

(d)  prepare a voting booth.

3. The electoral officer or his deputy must handle the vote as follows:

(a)  draw up a numbered list of voters as they appear;

(b)  detach the ballot paper from the stub and, after initialling it in the space reserved for that purpose, give it to the voter;

(c)  make sure that once the voter has his ballot, he goes directly to the voting booth in order to mark one of the circles and fold his ballot;

(d)  see that the voter casts his ballot with all the freedom required and assists the voter if requested; if a voter is unable to mark his ballot himself, he can obtain assistance from the electoral officer or his deputy;

(e)  see to it that the voter, after marking the circle of his choice and folding the ballot, allows him, or a designated representative who so desires, to check the initials of the electoral officer or his deputy. If a ballot paper is spoiled, marked in error or bears a mark making it possible to identify the voter, the electoral officer or his deputy voids the ballot and issues another one to the voter;

(f)  make certain that the voter deposits his ballot in the ballot box or in a separate envelope should his vote be conditional, or in a sealed envelope; the voter may choose to give his ballot paper to the electoral officer and have him deposit it in the ballot box or the envelope, as applicable. An envelope containing a conditional vote or a sealed envelope must bear the voter’s name, any other relevant information and the initials of the electoral officer or his deputy, as well as the initials of the representatives of the parties. It must be sealed and retained by the electoral officer or his deputy;

(g)  strike the name of the voter from the voters’ list and make an entry in the appropriate poll book.

4. In the event that a ballot box must be moved before the votes are counted, the box must be sealed and the parties must be informed of the seal number. Before opening the ballot box or allowing more ballot papers to be deposited in it, the electoral officer or his deputy allows the representatives of the parties to examine the seal.

5. Once the vote is complete, the electoral officer or his deputy must, in the presence of the representatives of the parties:

(a)  receive all the ballot boxes;

(b)  place the unused ballots in an envelope and label the envelope to indicate the contents;

(c)  place the voided ballots in an envelope and label the envelope to indicate the contents;

(d)  count the vote by dividing the ballots according to whom they favour and discarding all irregular ballots;

(e)  allow a representative of each party to check, under his supervision, the ballots of each category;

(f)  place the ballots of each category in separate envelopes and label each to indicate the contents;

(g)  fill out the Décompte de scrutin form, give a copy to the representative of each party and file a copy in the record;

(h)  place all the envelopes containing ballots, including the envelopes containing conditional votes or votes in sealed envelopes, into a large envelope and enclose the following documents, as applicable:

• the vote order;

• the voting procedure;

• the credentials of the representatives;

• the voters’ list;

• the poll books;

• the Décompte de scrutin form;

(i)  fill out the fact sheet affixed to the envelope and seal the envelope.

Decision 2017-04-19, Sch. 1.

REFERENCES

Decision 2017-04-19