C-27 - Labour Code

Section 37 Disposition versions

2016-01-01

37. The Tribunal must order a vote by secret ballot whenever a petitioning association comprises between 35% and 50% of the employees in the appropriate bargaining unit. Only the petitioning association or associations comprising each not fewer than 35% of the employees contemplated and the certified association, if any, may compete for election.

This section does not apply if one of the associations comprises an absolute majority of the employees.

R. S. 1964, c. 141, s. 25; 1969, c. 47, s. 13; 1977, c. 41, s. 1, s. 23; 1983, c. 22, s. 19; 2001, c. 26, s. 26; 2015, c. 15, s. 237.

2002-11-25

37. The Commission must order a vote by secret ballot whenever a petitioning association comprises between 35% and 50% of the employees in the appropriate bargaining unit. Only the petitioning association or associations comprising each not fewer than 35% of the employees contemplated and the certified association, if any, may compete for election.

This section does not apply if one of the associations comprises an absolute majority of the employees.

R. S. 1964, c. 141, s. 25; 1969, c. 47, s. 13; 1977, c. 41, s. 1, s. 23; 1983, c. 22, s. 19; 2001, c. 26, s. 26.

1983-09-01

37. The labour commissioner must order a vote by secret ballot whenever a petitioning association comprises between 35% and 50% of the employees in the appropriate bargaining unit. Only the petitioning association or associations comprising each not fewer than 35% of the employees contemplated and the certified association, if any, may compete for election.

This section does not apply if one of the associations comprises an absolute majority of the employees.

R. S. 1964, c. 141, s. 25; 1969, c. 47, s. 13; 1977, c. 41, s. 1, s. 23; 1983, c. 22, s. 19.

1978-04-01

37. The labour commissioner may order a vote by secret ballot of any specified group of employees whenever it deems it expedient and, in particular, whenever it is of the opinion that constraint has been used to prevent a number of the said employees from joining an association of employees or to force them to join the same, or if it appears that the said employees are members of more than one association in sufficient numbers to affect the decision.

However, if several associations of employees claim or wish to represent the same group of employees, the certification agent entrusted with an investigation for a labour commissioner shall proceed with the secret ballot when he ascertains that the associations concerned comprise the absolute majority of the employees who are to belong to the bargaining unit, that they agree on such unit, they have consented in writing and there is a written agreement of the employer on the bargaining unit. The certification agent shall then make a report of the result of the vote to the labour commissioner entrusted with the matter.

Without limiting the scope of the first paragraph, the labour commissioner shall order a vote by secret ballot whenever a petitioning association has 35% to 50% of the employees who are to belong to the appropriate bargaining unit. Only the petitioning association or associations comprising each not fewer than 35% of the employees contemplated and the certified association, if any, may compete for election. This paragraph does not apply if one of the associations comprises the absolute majority of the employees.

R. S. 1964, c. 141, s. 25; 1969, c. 47, s. 13; 1977, c. 41, s. 1, s. 23.

1978-02-01

37. The labour commissioner may order a vote by secret ballot of any specified group of employees whenever it deems it expedient and, in particular, whenever it is of the opinion that constraint has been used to prevent a number of the said employees from joining an association of employees or to force them to join the same, or if it appears that the said employees are members of more than one association in sufficient numbers to affect the decision.

R. S. 1964, c. 141, s. 25; 1969, c. 47, s. 13; 1977, c. 41, s. 1.

1977-12-31

37. The investigation commissioner may order a vote by secret ballot of any specified group of employees whenever it deems it expedient and, in particular, whenever it is of the opinion that constraint has been used to prevent a number of the said employees from joining an association of employees or to force them to join the same, or if it appears that the said employees are members of more than one association in sufficient numbers to affect the decision.

R. S. 1964, c. 141, s. 25; 1969, c. 47, s. 13.