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

Section 44.2 Disposition versions

1995-02-08

44.2. A representative association may make an agreement referred to in the second paragraph of section 44 if it is authorized thereto by the majority of its members exercising their right to vote in a secret ballot.

The sector-based employers’ association may entrust the employers’ association with a mandate to negotiate such an agreement if it is authorized thereto in a secret ballot that it must hold for the members of the employers’ association who, in the monthly reports sent by them to the Commission in the first 12 of the 15 complete calendar months preceding the month in which the ballot is held, declared hours as having been worked in the sector. It has received authorization if, in the ballot, the employers favourable to the agreement constitute a majority under the terms of the constitution and by-laws of the sector-based employers’ association or, failing a provision in that respect in the constitution and by-laws, if the employers favourable to the agreement constitute a majority of those who exercised their right to vote.

Where a representative association or a sector-based employers’ association holds a single ballot in respect of an agreement made under this section and an agreement made under section 44.1, it must hold a separate vote for each of the two agreements.

1993, c. 61, s. 26; 1995, c. 8, s. 24.

1994-07-01

44.2. A representative association may make an agreement referred to in the second paragraph of section 44 if it is authorized thereto by the majority of its members exercising their right to vote in a secret ballot.

The sector-based employers’ association may entrust the employers’ association with a mandate to negotiate such an agreement if it is authorized thereto in a secret ballot that it must hold for the members of the employers’ association who, in the monthly reports sent by them to the Commission in the first 12 of the 15 complete calendar months preceding the month in which the ballot is held, declared hours as having been worked in the sector. It has received authorization if, in the ballot, the employers favourable to the agreement declared, in that 12-month period, more than 50 % of the hours declared as having been worked in the sector by all employers having sent monthly reports to the Commission in that 12-month period.

Where a representative association or a sector-based employers’ association holds a single ballot in respect of an agreement made under this section and an agreement made under section 44.1, it must hold a separate vote for each of the two agreements.

1993, c. 61, s. 26.