41. For purposes of the application of the Act, an employee who may be unionized is:(1) a salaried employee within the meaning of the Labour Code (chapter C-27) governed by a collective agreement, a decree or a regulation equivalent to a collective agreement or whose association may be accredited under the Public Service Act (chapter F-3.1.1);
(2) a salaried employee not governed by a collective agreement, a decree or a regulation equivalent to a collective agreement, but for whom the working conditions described in the agreement, decree or regulation are applied to him by the employer.