c-27, r. 1 - Regulation respecting certification in logging operations and right of access permits to forestry camps

Updated to 1 January 2016

This document has official status.

chapter C-27, r. 1

Regulation respecting certification in logging operations and right of access permits to forestry camps

Labour Code

(chapter C-27, s. 138).

DIVISION I PERMIT

1. Any permit to pass and have access to a forestry camp, pursuant to section 111.26 of the Labour Code (chapter C-27), must be the subject of a written application to the Administrative Labour Tribunal and shall mention the following:

(a)  the name and address of the petitioning association of employees;

(b)  the logging operator’s name and the employer’s name, if the logging operator is not also the employer;

(c)  the group of employees involved;

(d)  the territory concerned;

(e)  the approximate number of camps in the logging operation.

The application must be signed by an authorized representative of the petitioning association of employees.

R.R.Q., 1981, c. C-27, r. 1, s. 1.

2. The permit to have access to forestry camps shall mention:

(a)  the name of the association of employees represented;

(b)  the logging operator’s name and the employer’s name, if the logging operator is not also the employer;

(c)  the group of employees involved;

(d)  the effective date and the expiry date of the permit.

R.R.Q., 1981, c. C-27, r. 1, s. 2.

3. The exercise of the permit is personal and for this purpose, the permit must be signed beforehand by the Tribunal and countersigned by the representative appointed by the representative employees’ association.

Upon the request of the association of employees wishing to change representatives, the Tribunal may immediately issue a new permit, whose issue shall render the previous permit null and void. The new permit shall be valid until the expiry date of the permit it replaces. The Tribunal shall make this change known to the logging operator and to the employer, if the logging operator is not also the employer.

R.R.Q., 1981, c. C-27, r. 1, s. 3.

4. The Tribunal shall give the logging operator and likewise the employer, if the logging operator is not also the employer, a notice of at least 5 days before the effective date of the permit.

R.R.Q., 1981, c. C-27, r. 1, s. 4.

5. Any employees’ association is entitled to 2 permits if there are 100 employees or less contemplated by an application for a permit. Moreover, it is entitled to one additional permit for any other group of 100 employees or of any fraction of such number.

The Tribunal shall verify with the employer the number of employees concerned.

R.R.Q., 1981, c. C-27, r. 1, s. 5.

6. The representatives of a certified association, authorized by collective agreement, do not count in the calculation of the total number of permits, established according to the standards determined in section 5.

R.R.Q., 1981, c. C-27, r. 1, s. 6.

7. Upon receipt of a complaint denouncing serious disturbances, the Tribunal shall immediately dispatch a labour relations officer to the spot to carry out an investigation regarding the complaint and report to it thereon.

R.R.Q., 1981, c. C-27, r. 1, s. 7.

8. Upon receipt of a circumstantial report, the Tribunal may suspend the exercise of the permit of the representative it considers responsible for the disturbances; it may also extend this suspension for the time it determines.

R.R.Q., 1981, c. C-27, r. 1, s. 8.

9. When a permit is suspended, the association may appoint a substitute. Section 3 applies, with the necessary modifications.

R.R.Q., 1981, c. C-27, r. 1, s. 9.

DIVISION II CERTIFICATION SYSTEM

10. Any association of employees may, under the conditions mentioned in section 1, obtain at any time a permit to pass and have access to a camp for a group of employees not represented by a certified association. The permit so issued is valid for 30 days as of the date mentioned on it.

In such a case, the permit may not be renewed for the benefit of the same association of employees more than once within the 12 months following the issue date of the initial permit.

R.R.Q., 1981, c. C-27, r. 1, s. 10.

11. When an association of employees is already certified to represent a group of employees and when a collective agreement binding these employees expires between 1 February and 31 July, another association may recruit only during the preceding month of September; when a collective agreement expires between 1 August and 31 January, recruiting is permitted during the preceding month of July. When a forestry camp permit is issued, it is valid only for the appropriate period.

R.R.Q., 1981, c. C-27, r. 1, s. 11.

12. When a petition for certification entails the ordering of a vote by secret ballot, the permit is automatically renewed as of the 36th hour prior to the hour established for the holding of the vote.

R.R.Q., 1981, c. C-27, r. 1, s. 12.

13. During any period when an association is entitled to recruit pursuant to section 11 and within the 3 working days that follow, the association of employees may file a petition for certification with one of the offices of the Tribunal or forward it, by registered mail, as the case may be.

R.R.Q., 1981, c. C-27, r. 1, s. 13; I.N. 2016-01-01 (NCCP).

14. To establish the representative character of an association of employees, the Tribunal takes into account only memberships given during the appropriate period mentioned in section 11; any resignation from an association must be reported to it during this period.

R.R.Q., 1981, c. C-27, r. 1, s. 14.

15. Voting shall be held between the 15th and the 30th day following the Tribunal order to hold the vote. However, the latter will delay his order for voting if the voting is to be held between 15 December and 15 June.

R.R.Q., 1981, c. C-27, r. 1, s. 15.

16. The voters’ list contains the names of employees who, as of the voting day, have received wages during the 15-day period prior to the voting date and the names of employees who are on an authorized leave of absence during this period. The parties agree upon the voter’s list; lacking agreement, the Tribunal decides.

R.R.Q., 1981, c. C-27, r. 1, s. 16.

17. When there are several associations one of which is already certified and when none of them obtains, during the ballot, the absolute majority required to be entitled to certification, the association already certified keeps its certification.

R.R.Q., 1981, c. C-27, r. 1, s. 17.

18. The provisions of the Regulation respecting the exercise of the right of association under the Labour Code (chapter C-27, r. 4), not inconsistent with this Regulation, shall continue to apply.

R.R.Q., 1981, c. C-27, r. 1, s. 18.

REFERENCES

R.R.Q., 1981, c. C-27, r. 1

S.Q. 1986, c. 108, s. 242

S.Q. 2001, c. 26, ss. 204 and 205

S.Q. 2013, c. 2, s. 76

S.Q. 2015, c. 15, s. 237