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

Section 42 Disposition versions

2024-05-28

42. One or more representative associations may, as determined in the protocol provided for in section 41.4, notify in writing a sector-based employers’ association, or a sector-based employers’ association may notify in writing one or more representative associations, that its or their representatives are prepared to negotiate a collective agreement applicable in the sector of the sector-based association.

Such notice shall not be given later than the first day of the seventh month preceding the expiry date of the collective agreement made under section 47.

Every other representative association and the employers’ association must be informed of it without delay.

Upon receiving or sending a notice, the sector-based employers’ association for the institutional and commercial sector, the industrial sector or the civil engineering and roads sector must consult the recognized clients in order to obtain their comments and suggestions on the renewal of the collective agreement. However, the association is not bound by the comments and suggestions obtained.

The negotiations must begin between the representative associations and the sector-based employers’ association or the employers’ association, according to their respective roles, and must be pursued with all possible dispatch and in good faith. To that end, the associations may agree on a bargaining structure and bargaining procedures.

Any application relative to the carrying out of this section must be filed with the Administrative Labour Tribunal within 30 days after the alleged facts become known. In addition to the powers assigned by the Act to establish the Administrative Labour Tribunal (chapter T-15.1), the Tribunal may make any decision it deems fair and reasonable, taking into account the circumstances concerning the matter.

1968, c. 45, s. 9; 1973, c. 28, s. 5; 1975, c. 51, s. 4; 1987, c. 110, s. 2, s. 11; 1993, c. 61, s. 22; 1995, c. 8, s. 20; 2011, c. 30, s. 31; 2024, c. 19, s. 97.

Recognized clients that must be consulted by certain sector-based employers’ associations pursuant to this section are listed in Order number AM 2012-002 of the Minister of Labour dated 1 August 2012; (2012) 144 G.O. 2, 2643.

2011-12-02

42. One or more representative associations may, as determined in the protocol provided for in section 41.4, notify in writing a sector-based employers’ association, or a sector-based employers’ association may notify in writing one or more representative associations, that its or their representatives are prepared to negotiate a collective agreement applicable in the sector of the sector-based association.

Such notice shall not be given later than the first day of the seventh month preceding the expiry date of the collective agreement made under section 47.

Every other representative association and the employers’ association must be informed of it without delay.

Upon receiving or sending a notice, the sector-based employers’ association for the institutional and commercial sector, the industrial sector or the civil engineering and roads sector must consult the recognized clients in order to obtain their comments and suggestions on the renewal of the collective agreement. However, the association is not bound by the comments and suggestions obtained.

The negotiations must begin between the representative associations and the sector-based employers’ association or the employers’ association, according to their respective roles, and must be pursued with all possible dispatch and in good faith. To that end, the associations may agree on a bargaining structure and bargaining procedures.

1968, c. 45, s. 9; 1973, c. 28, s. 5; 1975, c. 51, s. 4; 1987, c. 110, s. 2, s. 11; 1993, c. 61, s. 22; 1995, c. 8, s. 20; 2011, c. 30, s. 31.

Recognized clients that must be consulted by certain sector-based employers’ associations pursuant to this section are listed in Order number AM 2012-002 of the Minister of Labour dated 1 August 2012; (2012) 144 G.O. 2, 2643.

1995-02-08

42. One or more representative associations may notify in writing a sector-based employers’ association, or a sector-based employers’ association may notify in writing one or more representative associations, that its or their representatives are prepared to negotiate a collective agreement applicable in the sector of the sector-based association.

Such notice shall not be given later than the first day of the seventh month preceding the expiry date of the collective agreement made under section 47.

Every other representative association and the employers’ association must be informed of it without delay.

The negotiations must begin between the associations of employees whose representativeness is more than 50% and the sector-based employers’ association or the employers’ association, according to their respective roles, and must be pursued with all possible dispatch and in good faith. To that end, the associations may agree on a bargaining structure and bargaining procedures.

1968, c. 45, s. 9; 1973, c. 28, s. 5; 1975, c. 51, s. 4; 1987, c. 110, s. 2, s. 11; 1993, c. 61, s. 22; 1995, c. 8, s. 20.

1994-07-01

42. One or more representative associations may notify in writing the employers’ association, or the employers’ association may notify in writing one or more representative associations, that its or their representatives are prepared to negotiate a collective agreement applicable in the sector.

Such notice shall not be given later than the first day of the seventh month preceding the expiry date of the collective agreement made under section 47.

Every other representative association must be informed of it without delay.

The negotiations must begin between the employers’ association and one or more associations of employees whose representativeness is more than 50 % in the sector and must be pursued with all possible dispatch and in good faith. To that end, the associations may agree on a bargaining structure and bargaining procedures.

1968, c. 45, s. 9; 1973, c. 28, s. 5; 1975, c. 51, s. 4; 1987, c. 110, s. 2, s. 11; 1993, c. 61, s. 22.

1987-12-18

42. One or more representative associations may notify in writing the employers’ association, or the employers’ association may notify in writing one or more representative associations, that its or their representatives are prepared to negotiate a collective agreement.

Such notice shall not be given later than the first day of the seventh month preceding the original expiry date of the decree made by order under section 47.

Every other representative association must be informed of it without delay.

The negotiations must begin between the employers’ association and one or more associations of employees whose representativeness is more than 50 % and must be pursued with all possible dispatch and in good faith. To that end, the associations may agree on a bargaining structure and bargaining procedures.

1968, c. 45, s. 9; 1973, c. 28, s. 5; 1975, c. 51, s. 4; 1987, c. 110, s. 2, s. 11.

1977-12-31

42. One or more representative associations may notify in writing the employers’ association, or the employers’ association may notify in writing one or more representative associations, that its or their representatives are prepared to negotiate a collective agreement.

Such notice shall not be given later than the third month preceding the expiry date of the decree.

Every other representative association must be informed of it without delay.

The negotiations must begin between the employers’ association and one or more associations of employees whose representativeness is more than fifty per cent and must be pursued with all possible dispatch and in good faith.

1968, c. 45, s. 9; 1973, c. 28, s. 5; 1975, c. 51, s. 4.