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R-20 - Act respecting labour relations, vocational training and workforce management in the construction industry

Section 32
Disposition versions

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32. During the eleventh month preceding the expiry date of a collective agreement made under section 47, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the Commission of his election respecting one of the associations indicated on the list contemplated in section 29.
The election is made by secret ballot held under the supervision of a representative of the Commission, as prescribed by regulation of the Government.
The voting period begins on the first working day of the eleventh month preceding the expiry date of the collective agreement made under section 47 and ends 20 days later. The counting of the votes begins on the first working day after the voting period, with all the ballot papers that have been received by the time the counting begins.
The Commission must designate an independent presiding officer to supervise the poll. A representative of the Commission acts as returning officer, assisted by the necessary personnel.
Any dispute relating to the poll must be decided by the presiding officer within 30 days of the end of the poll. The presiding officer’s decision is final.
An employee who is entitled to make an election, but has not expressed it in accordance with this section, is deemed, for the purposes of sections 33, 35 and 38, to have elected for the association in favour of which the employee already made an election in the cases provided by this Act, provided that the name of that association is published in accordance with section 29.
A person who does not qualify as an independent member under the fourth paragraph of section 3.2 may not be designated to act as presiding officer.
1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 7; 1993, c. 61, s. 17; 1996, c. 74, s. 33; 2011, c. 30, s. 22; 2015, c. 15, s. 194.
32. During the eleventh month preceding the expiry date of a collective agreement made under section 47, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the Commission of his election respecting one of the associations indicated on the list contemplated in section 29.
The election is made by secret ballot held under the supervision of a representative of the Commission, as prescribed by regulation of the Government.
The voting period begins on the first Monday of the eleventh month preceding the expiry date of the collective agreement made under section 47 and ends 21 days later, that is, on the closing date for receiving the ballot papers.
The Commission must designate an independent presiding officer to supervise the poll. A representative of the Commission acts as returning officer, assisted by the necessary personnel.
Any dispute relating to the poll must be decided by the presiding officer within 30 days of the end of the poll. The presiding officer’s decision is final.
An employee who is entitled to make an election, but has not expressed it in accordance with this section, is deemed, for the purposes of sections 33, 35 and 38, to have elected for the association in favour of which the employee already made an election in the cases provided by this Act, provided that the name of that association is published in accordance with section 29.
A person who does not qualify as an independent member under the fourth paragraph of section 3.2 may not be designated to act as presiding officer.
1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 7; 1993, c. 61, s. 17; 1996, c. 74, s. 33; 2011, c. 30, s. 22.
32. During the eleventh month preceding the expiry date of a collective agreement made under section 47, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the Commission of his election respecting one of the associations indicated on the list contemplated in section 29.
Such election shall be made by secret ballot held under the supervision of a representative of the Commission, in the manner prescribed by regulation of the Commission. However, the ballot must be held for a period of not less than three consecutive days ending on a Saturday that is any day from the fourth day to the tenth day of the month.
An employee who is entitled to make known his election, but has not expressed it in accordance with the first paragraph, is deemed, for the application of sections 33, 35 and 38, to have elected for the association in favour of which he made his election known at the preceding ballot or of which he has become a member in accordance with section 39 since that ballot, provided that the name of that association is published in accordance with section 29.
Any dispute relating to the vote or resulting from the poll shall be settled by the representative of the Commission. His decision is final.
1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 7; 1993, c. 61, s. 17; 1996, c. 74, s. 33.
32. During the eleventh month preceding the expiry date of a collective agreement made under section 47, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the Commission of his election respecting one of the associations indicated on the list contemplated in section 29.
Such election shall be made by secret ballot held under the supervision of a representative of the Commission, in the manner prescribed by regulation of the Commission. However, the ballot must be held for a period of not less than three consecutive days which ends on the last Saturday of the month.
An employee who is entitled to make known his election, but has not expressed it in accordance with the first paragraph, is deemed, for the application of sections 33, 35 and 38, to have elected for the association in favour of which he made his election known at the preceding ballot or of which he has become a member in accordance with section 39 since that ballot, provided that the name of that association is published in accordance with section 29.
Any dispute relating to the vote or resulting from the poll shall be settled by the representative of the Commission. His decision is final.
1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 7; 1993, c. 61, s. 17.
32. During the eleventh month preceding the original expiry date of the decree made by order under section 47, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the Commission of his election respecting one of the associations indicated on the list contemplated in section 29.
Such election shall be made by secret ballot held under the supervision of a representative of the Commission, on the dates and in the manner provided for by regulation of the Commission. However, the ballot must be held for a period of not less than five consecutive days.
An employee who is entitled to make known his election, but has not expressed it in accordance with the first paragraph, is deemed, for the application of sections 33, 35 and 38, to have elected for the association in favour of which he made his election known at the preceding ballot or of which he has become a member in accordance with section 39 since that ballot, provided that the name of that association is published in accordance with section 29.
Any dispute relating to the vote or resulting from the poll shall be settled by the representative of the Commission. His decision is final.
The third paragraph does not apply to the first ballot held after 4 December 1980 under the first paragraph.
1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 7.
32. During the sixth month preceding the expiry of the decree, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the Commission of his election respecting one of the associations indicated on the list contemplated in section 29.
Such election shall be made by secret ballot held under the supervision of a representative of the Commission, on the dates and in the manner provided for by regulation of the Commission. However, the ballot must be held for a period of not less than five consecutive days.
An employee who is entitled to make known his election, but has not expressed it in accordance with the first paragraph, is deemed, for the application of sections 33, 35 and 38, to have elected for the association in favour of which he made his election known at the preceding ballot or of which he has become a member in accordance with section 39 since that ballot, provided that the name of that association is published in accordance with section 29.
Any dispute relating to the vote or resulting from the poll shall be settled by the representative of the Commission. His decision is final.
The third paragraph does not apply to the first ballot held after 4 December 1980 under the first paragraph.
1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3; 1986, c. 89, s. 50.
32. During the sixth month preceding the expiry of the decree, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the board of his election respecting one of the associations indicated on the list contemplated in section 29.
Such election shall be made by secret ballot held under the supervision of a representative of the board, on the dates and in the manner provided for by regulation of the board. However, the ballot must be held for a period of not less than five consecutive days.
An employee who is entitled to make known his election, but has not expressed it in accordance with the first paragraph, is deemed, for the application of sections 33, 35 and 38, to have elected for the association in favour of which he made his election known at the preceding ballot or of which he has become a member in accordance with section 39 since that ballot, provided that the name of that association is published in accordance with section 29.
Any dispute relating to the vote or resulting from the poll shall be settled by the representative of the board. His decision is final.
The third paragraph does not apply to the first ballot held after 4 December 1980 under the first paragraph.
1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3.
32. During the sixth month preceding the expiry of the decree, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the board of his election respecting one of the associations indicated on the list contemplated in section 29.
Such election shall be made by secret ballot held under the supervision of a representative of the board, on the dates and in the manner provided for by regulation of the board. However, the ballot must be held for a period of not less than five consecutive days.
An employee who is entitled to make known his election, but has not expressed it in accordance with the first paragraph, is deemed, for the application of sections 33, 35 and 38, to have elected for the association in favour of which he made his election known at the preceding ballot or of which he has become a member in accordance with section 39 since that ballot, provided that the name of that association is published in accordance with section 29.
Any dispute relating to the vote or resulting from the poll shall be settled by the representative of the board. His decision is final.
1975, c. 51, s. 3; 1978, c. 58, s. 4.
32. During the sixth month preceding the expiry of the decree, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the board of his election respecting one of the associations indicated on the list contemplated in section 29.
Such election shall be made by secret ballot held under the supervision of a representative of the board, on the dates and in the manner provided for by regulation of the board.
Any dispute relating to the vote or resulting from the poll shall be settled by the representative of the board. His decision is final.
1975, c. 51, s. 3.
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