C-27 - Labour Code

Section 28 Disposition versions

2016-01-01

28. In addition, upon receipt of the petition, the following procedure must be followed:

(a)  the Tribunal shall forthwith send a labour relations officer who shall assure himself of the representative character of the association and its right to be certified. For such purpose, the labour relations officer shall examine the books and records of the association and the list of the employer’s employees; he may, at any time, examine any association, employer or employee to ascertain whether he or it is complying with Chapter II and examine any fact it is his duty to investigate. If he comes to the conclusion that the association has the representative character required, and if he ascertains that there is agreement between the employer and the association on the bargaining unit and the persons contemplated by it, he must certify it in writing immediately, and indicate which group of employees constitutes the bargaining unit. If he does not come to the conclusion that the association has the representative character required, the labour relations officer must present a summary report on his examination to the Tribunal and transmit a copy to the parties. The report must specify the reasons why the labour relations commissioner did not grant certification;

(b)  if the labour relations officer ascertains that there is agreement between the employer and the association on the bargaining unit and on the persons contemplated by it, and that 35% to 50% of the employees comprised in that unit are members of the association of employees, he shall hold a ballot to assure himself of the representative character of the association. He shall certify the association if it obtains the absolute majority vote of the employees comprised in the bargaining unit. If he does not come to the conclusion that the association has the representative character required, the labour relations officer must present a summary report on his examination to the Tribunal and transmit a copy to the parties. The report must specify the reasons why the labour relations commissioner did not grant certification;

(c)  if the employer refuses his agreement on the bargaining unit applied for, he must, in writing, set forth his reasons therefor and propose the unit he thinks suitable to the labour relations officer. The labour relations officer must present a summary report concerning the disagreement to the Tribunal and transmit a copy to the parties. The report must contain the reasons set forth by the employer, a description of the unit that the employer thinks suitable and, if applicable, the indication that 35% to 50% of the employees comprised in the bargaining unit are members of the association of employees. If the employer neglects or refuses to communicate the reasons for his disagreement and to propose the unit he thinks suitable within fifteen days of receipt of the petition, he is presumed to have given his agreement on the bargaining unit. The labour relations officer shall then follow the procedure provided under paragraph a or paragraph b, as the case may be;

(d)  if the labour relations officer ascertains that there is agreement between the employer and the association on the bargaining unit but not on certain persons contemplated in the petition, he shall nevertheless certify the association immediately if it has the required representative character for the bargaining unit applied for regardless of the fact that the persons in respect of whom there is no agreement are eventually, according to the decision of the Tribunal, included in the bargaining unit or, as the case may be, excluded. At the same time, the labour relations officer shall make a report on the disagreement referred to hereinabove to the Tribunal and send a copy of it to the parties. Such disagreement shall not have the effect of preventing the making of a collective agreement;

(d.1)  the labour relations officer shall immediately certify the association, even where there is no agreement with the employer as regards part of the bargaining unit, if the officer considers that the association is nevertheless representative and that it will remain representative regardless of any decision of the Tribunal on the description of the bargaining unit. The labour relations officer shall, at the same time, make a report on the disagreement to the Tribunal and send a copy of the report to the parties. No notice of negotiation may be given by the certified association before the decision of the Tribunal on the description of the bargaining unit;

(e)  where a certified association already exists, or where there is more than one petitioning association of employees, the labour relations officer shall, if the officer ascertains that there is agreement on the bargaining unit and on the persons contemplated by the bargaining unit between the employer and any association concerned, certify the association grouping the absolute majority of the employees or, if not, hold a secret ballot in accordance with the provisions of section 37 and, consequently, certify the association that has obtained the greatest number of votes in accordance with the provisions of section 37.1. If there is disagreement on the bargaining unit or on the persons to whom it applies, the officer shall make a report on the disagreement to the Tribunal and send a copy thereof to the parties.

1969, c. 47, s. 12; 1969, c. 48, s. 14; 1977, c. 41, s. 1, s. 16; 1983, c. 22, s. 14; 1999, c. 40, s. 59; 2001, c. 26, s. 19; 2015, c. 15, s. 237.

2002-11-25

28. In addition, upon receipt of the petition, the following procedure must be followed:

(a)  the Commission shall forthwith send a labour relations officer who shall assure himself of the representative character of the association and its right to be certified. For such purpose, the labour relations officer shall examine the books and records of the association and the list of the employer’s employees; he may, at any time, examine any association, employer or employee to ascertain whether he or it is complying with Chapter II and examine any fact it is his duty to investigate. If he comes to the conclusion that the association has the representative character required, and if he ascertains that there is agreement between the employer and the association on the bargaining unit and the persons contemplated by it, he must certify it in writing immediately, and indicate which group of employees constitutes the bargaining unit. If he does not come to the conclusion that the association has the representative character required, the labour relations officer must present a summary report on his examination to the Commission and transmit a copy to the parties. The report must specify the reasons why the labour relations commissioner did not grant certification;

(b)  if the labour relations officer ascertains that there is agreement between the employer and the association on the bargaining unit and on the persons contemplated by it, and that 35% to 50% of the employees comprised in that unit are members of the association of employees, he shall hold a ballot to assure himself of the representative character of the association. He shall certify the association if it obtains the absolute majority vote of the employees comprised in the bargaining unit. If he does not come to the conclusion that the association has the representative character required, the labour relations officer must present a summary report on his examination to the Commission and transmit a copy to the parties. The report must specify the reasons why the labour relations commissioner did not grant certification;

(c)  if the employer refuses his agreement on the bargaining unit applied for, he must, in writing, set forth his reasons therefor and propose the unit he thinks suitable to the labour relations officer. The labour relations officer must present a summary report concerning the disagreement to the Commission and transmit a copy to the parties. The report must contain the reasons set forth by the employer, a description of the unit that the employer thinks suitable and, if applicable, the indication that 35% to 50% of the employees comprised in the bargaining unit are members of the association of employees. If the employer neglects or refuses to communicate the reasons for his disagreement and to propose the unit he thinks suitable within fifteen days of receipt of the petition, he is presumed to have given his agreement on the bargaining unit. The labour relations officer shall then follow the procedure provided under paragraph a or paragraph b, as the case may be;

(d)  if the labour relations officer ascertains that there is agreement between the employer and the association on the bargaining unit but not on certain persons contemplated in the petition, he shall nevertheless certify the association immediately if it has the required representative character for the bargaining unit applied for regardless of the fact that the persons in respect of whom there is no agreement are eventually, according to the decision of the Commission, included in the bargaining unit or, as the case may be, excluded. At the same time, the labour relations officer shall make a report on the disagreement referred to hereinabove to the Commission and send a copy of it to the parties. Such disagreement shall not have the effect of preventing the making of a collective agreement;

(d.1)  the labour relations officer shall immediately certify the association, even where there is no agreement with the employer as regards part of the bargaining unit, if the officer considers that the association is nevertheless representative and that it will remain representative regardless of any decision of the Commission on the description of the bargaining unit. The labour relations officer shall, at the same time, make a report on the disagreement to the Commission and send a copy of the report to the parties. No notice of negotiation may be given by the certified association before the decision of the Commission on the description of the bargaining unit;

(e)  where a certified association already exists, or where there is more than one petitioning association of employees, the labour relations officer shall, if the officer ascertains that there is agreement on the bargaining unit and on the persons contemplated by the bargaining unit between the employer and any association concerned, certify the association grouping the absolute majority of the employees or, if not, hold a secret ballot in accordance with the provisions of section 37 and, consequently, certify the association that has obtained the greatest number of votes in accordance with the provisions of section 37.1. If there is disagreement on the bargaining unit or on the persons to whom it applies, the officer shall make a report on the disagreement to the Commission and send a copy thereof to the parties.

1969, c. 47, s. 12; 1969, c. 48, s. 14; 1977, c. 41, s. 1, s. 16; 1983, c. 22, s. 14; 1999, c. 40, s. 59; 2001, c. 26, s. 19.

1999-10-22

28. In addition, upon receipt of the petition, the following procedure must be followed:

(a)  The labour commissioner general shall forthwith send a certification agent who shall assure himself of the representative character of the association and its right to be certified. For such purpose, the certification agent shall examine the books and records of the association and the list of the employer’s employees; he may, at any time, examine any association, employer or employee to ascertain whether he or it is complying with Chapter II and examine any fact it is his duty to investigate. If he comes to the conclusion that the association has the representative character required, and if he ascertains that there is agreement between the employer and the association on the bargaining unit and the persons contemplated by it, he must certify it in writing immediately, and indicate which group of employees constitutes the bargaining unit.

(b)  If the certification agent ascertains that there is agreement between the employer and the association on the bargaining unit and on the persons contemplated by it, and that 35% to 50% of the employees comprised in that unit are members of the association of employees, he shall hold a ballot to assure himself of the representative character of the association. He shall certify the association if it obtains the absolute majority vote of the employees

(c)  If the employer refuses his agreement on the bargaining unit applied for, he must, in writing, set forth his reasons therefor and propose the unit he thinks suitable to the certification agent, who shall record them in the report made to the labour commissioner-general. If the employer neglects or refuses to communicate the reasons for his disagreement and to propose the unit he thinks suitable within fifteen days of receipt of the petition, he is presumed to have given his agreement on the bargaining unit. The certification agent shall then follow the procedure provided under paragraph a or paragraph b, as the case may be.

(d)  If the certification agent ascertains that there is agreement between the employer and the association on the bargaining unit but not on certain persons contemplated in the petition, he shall nevertheless certify the association immediately if it has the required representative character for the bargaining unit applied for regardless of the fact that the persons in respect of whom there is no agreement are eventually, according to the decision of the labour commissioner, included in the bargaining unit or, as the case may be, excluded. At the same time, the certification agent shall make a report on the disagreement referred to hereinabove to the labour commissioner general and send a copy of it to the parties. The labour commissioner general shall then refer the matter to a labour commissioner. Such disagreement shall not have the effect of preventing the making of a collective agreement.

(e)  If a certified association already exists, or if there is more than one petitioning association of employees, the labour commissioner general shall refer the matter to a labour commissioner.

1969, c. 47, s. 12; 1969, c. 48, s. 14; 1977, c. 41, s. 1, s. 16; 1983, c. 22, s. 14; 1999, c. 40, s. 59.

1983-09-01

28. In addition, upon receipt of the petition, the following procedure must be followed:

(a)  The labour commissioner general shall forthwith send a certification agent who shall assure himself of the representative character of the association and its right to be certified. For such purpose, the certification agent shall examine the books and records of the association and the list of the employer’s employees; he may, at any time, examine any association, employer or employee to ascertain whether he or it is complying with Chapter II and examine any fact it is his duty to investigate. If he comes to the conclusion that the association has the representative character required, and if he ascertains that there is agreement between the employer and the association on the bargaining unit and the persons contemplated by it, he must certify it in writing immediately, and indicate which group of employees constitutes the bargaining unit.

(b)  If the certification agent ascertains that there is agreement between the employer and the association on the bargaining unit and on the persons contemplated by it, and that 35% to 50% of the employees comprised in that unit are members of the association of employees, he shall hold a ballot to assure himself of the representative character of the association. He shall certify the association if it obtains the absolute majority vote of the employees

(c)  If the employer refuses his agreement on the bargaining unit applied for, he must, in writing, set forth his reasons therefor and propose the unit he thinks suitable to the certification agent, who shall record them in the report made to the labour commissioner-general. If the employer neglects or refuses to communicate the reasons for his disagreement and to propose the unit he thinks suitable within fifteen days of receipt of the petition, he is deemed to have given his agreement on the bargaining unit. The certification agent shall then follow the procedure provided under paragraph a or paragraph b, as the case may be.

(d)  If the certification agent ascertains that there is agreement between the employer and the association on the bargaining unit but not on certain persons contemplated in the petition, he shall nevertheless certify the association immediately if it has the required representative character for the bargaining unit applied for regardless of the fact that the persons in respect of whom there is no agreement are eventually, according to the decision of the labour commissioner, included in the bargaining unit or, as the case may be, excluded.At the same time, the certification agent shall make a report on the disagreement referred to hereinabove to the labour commissioner general and send a copy of it to the parties. The labour commissioner general shall then refer the matter to a labour commissioner. Such disagreement shall not have the effect of preventing the making of a collective agreement.

(e)  If a certified association already exists, or if there is more than one petitioning association of employees, the labour commissioner general shall refer the matter to a labour commissioner.

1969, c. 47, s. 12; 1969, c. 48, s. 14; 1977, c. 41, s. 1, s. 16; 1983, c. 22, s. 14.

1978-04-01

28. In addition, upon receipt of the petition, the following procedure must be followed:

(a)  The labour commissioner general shall forthwith send a certification agent who shall assure himself of the representative character of the association and its right to be certified. For such purpose, the certification agent shall examine the books and records of the association and the list of the employer’s employees; he may, at any time, examine any association, employer or employee to ascertain whether he or it is complying with Chapter II and examine any fact it is his duty to investigate. If he comes to the conclusion that the association has the representative character required, and if he ascertains that there is agreement between the employer and the association on the bargaining unit and the persons contemplated by it, he must certify it in writing immediately, and indicate which group of employees constitutes the bargaining unit.

(b)  If the certification agent ascertains that there is agreement between the employer and the association on the bargaining unit and on the persons contemplated by it, and that 35% to 50% of the employees comprised in that unit are members of the association of employees, he shall hold a ballot to assure himself of the representative character of the association. He shall certify the association if it obtains the absolute majority vote of the employees comprised in the bargaining unit.

(c)  If the employer refuses his agreement on the bargaining unit applied for, he must set forth in writing his reasons therefor to the certification agent, who shall record them in the report made to the labour commissioner general. If the employer neglects or refuses to communicate the reasons for his disagreement within ten days of the request made to him to that effect by the certification agent, he shall be deemed to have given his agreement on the bargaining unit. The certification agent shall then follow the procedure provided under paragraph a or paragraph b, as the case may be.

(d)  If the certification agent ascertains that there is agreement between the employer and the association on the bargaining unit but not on certain persons contemplated in the petition, he shall nevertheless certify the association immediately if it has the required representative character for the bargaining unit applied for regardless of the fact that the persons in respect of whom there is no agreement are eventually, according to the decision of the labour commissioner, included in the bargaining unit or, as the case may be, excluded. At the same time, the certification agent shall make a report on the disagreement referred to hereinabove to the labour commissioner general and send a copy of it to the parties. The labour commissioner general shall then refer the matter to a labour commissioner. Such disagreement shall not have the effect of preventing the making of a collective agreement.

(e)  If a certified association already exists, or if there is more than one petitioning association of employees, the labour commissioner general shall refer the matter to a labour commissioner.

1969, c. 47, s. 12; 1969, c. 48, s. 14; 1977, c. 41, s. 1, s. 16.

1978-02-01

28. In addition, the labour commissioner-general shall forthwith send an certification agent who shall assure himself of the representative character of the association and its right to be certified. For such purpose, the certification agent shall examine the books and records of the association and the list of the employer’s employees; he may at any time examine any association, employer or employee to ascertain whether it or he is complying with chapter II, and examine any fact which it is his duty to investigate. If he comes to the conclusion that the association has the representative character required, and if he ascertains that there is agreement between the employer and the association on the bargaining unit and the persons contemplated by it, he must certify it in writing immediately, and indicate which group of employees constitutes the bargaining unit.

If a certified association already exists, or if there is more than one petitioning association of employees, the labour commissioner-general shall refer the matter to an labour commissioner.

1969, c. 47, s. 12; 1969, c. 48, s. 14; 1977, c. 41, s. 1.

1977-12-31

28. In addition, the chief investigation commissioner shall forthwith send an investigator who shall assure himself of the representative character of the association and its right to be certified. For such purpose, the investigator shall examine the books and records of the association and the list of the employer’s employees; he may at any time examine any association, employer or employee to ascertain whether it or he is complying with chapter II, and examine any fact which it is his duty to investigate. If he comes to the conclusion that the association has the representative character required, and if he ascertains that there is agreement between the employer and the association on the bargaining unit and the persons contemplated by it, he must certify it in writing immediately, and indicate which group of employees constitutes the bargaining unit.

If a certified association already exists, or if there is more than one petitioning association of employees, the chief investigation commissioner shall refer the matter to an investigation commissioner.

1969, c. 47, s. 12; 1969, c. 48, s. 14.