R-24.0.1 - Act respecting the representation of certain home educational childcare providers and the negotiation process for their group agreements

Section 104 Disposition versions

2009-06-19

104. For the purpose of granting recognition to an association, the Commission des relations du travail, for each territory assigned under section 44 of the Educational Childcare Act (chapter S-4.1.1), verifies, by means of a secret-ballot vote held according to the terms and conditions provided for in this section, the representativeness of the home childcare providers associations which, before 19 June 2009, filed a petition for certification under section 25 of the Labour Code (chapter C-27) with respect to home childcare providers operating in that territory.

In each territory assigned under section 44 of the Educational Childcare Act, the following parties are on the ballot:

(1)  any association which, before 18 December 2003, filed a petition for certification or obtained certification with respect to one or more home childcare providers recognized by a childcare centre and operating, on 19 June 2009, in that territory;

(2)  any association which, on or after 18 December 2003, filed, with respect to home childcare providers operating in that territory, a petition for certification that is pending on 19 June 2009.

Only home childcare providers operating in a territory assigned under section 44 of the Educational Childcare Act on 19 June 2009 may be on the ballot for that territory.

If only one association is on the ballot, the Commission grants recognition to it if it obtains an absolute majority of votes of the home childcare providers entitled to vote in the territory concerned.

If two associations are on the ballot, the Commission recognizes the one that receives the most votes, provided they together obtain an absolute majority of votes of the home childcare providers entitled to vote in the territory concerned.

If more than two associations are on the ballot and they together obtain an absolute majority of votes of the home childcare providers entitled to vote in the territory concerned, without any one of them obtaining an absolute majority, the Commission orders a new secret-ballot vote, removing from the ballot the association that obtained the fewest votes.

On request, the Commission may resolve any difficulty arising from the application of this section, including one that may arise from the rule set out in section 11. To that end, it has all the powers provided for in section 59.

A secret-ballot vote is not required if, for a given territory, among the associations that qualify under the second paragraph, only one has a membership comprising an absolute majority of home childcare providers. This determination is made on the date the petition for certification is filed. However, with regard to a petition filed before 18 December 2003, the Commission may order a secret-ballot vote to be held if it believes this is required to verify the representativeness of the association concerned. To this end, it takes into account, apart from the date of the petition, the number of home childcare providers who are members of the association on the day of filing of the petition in relation to the number of home childcare providers to whom this Act applies who are currently operating in the territory concerned, the number of home childcare providers who were members of the association but no longer provide childcare in that territory and any other factor it judges pertinent.

2009, c. 36, s. 104.