R-24.0.2 - Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements

Section 53 Disposition versions

2016-01-01

53. Any concerted pressure tactic which deprives a user of a service to which the user is entitled or diminishes the quality of such a service during the term of a collective agreement is prohibited.

At any other time, such pressure tactics may only be used if

(1)  90 days have elapsed since the receipt of the notice required under section 39;

(2)  the pressure tactics have been authorized in a secret ballot by a majority vote of the members of the recognized association who participate in the ballot or, if the negotiations involve a group of associations, by a majority vote of the members of the associations in the group who participate in the ballot; and

(3)  the recognized association or group of associations sends the Minister and the Administrative Labour Tribunal written notice of the pressure tactics it is contemplating at least 15 days before resorting to them.

The Administrative Labour Tribunal may, on its own initiative or at the request of an interested person, exercise its powers under the Labour Code (chapter C-27) and the Act to establish the Administrative Labour Tribunal (chapter T-15.1) in order to enforce this section if, in its opinion, a pressure tactic is being used in contravention of the first paragraph or a pressure tactic used in accordance with the second paragraph is compromising or is likely to compromise the health or safety of a user.

2009, c. 24, s. 53; 2011, c. 16, s. 155; 2015, c. 15, s. 203.

2011-10-01

53. Any concerted pressure tactic which deprives a user of a service to which the user is entitled or diminishes the quality of such a service during the term of a collective agreement is prohibited.

At any other time, such pressure tactics may only be used if

(1)  90 days have elapsed since the receipt of the notice required under section 39;

(2)  the pressure tactics have been authorized in a secret ballot by a majority vote of the members of the recognized association who participate in the ballot or, if the negotiations involve a group of associations, by a majority vote of the members of the associations in the group who participate in the ballot; and

(3)  the recognized association or group of associations sends the Minister and the Commission des relations du travail written notice of the pressure tactics it is contemplating at least 15 days before resorting to them.

The Commission des relations du travail may, on its own initiative or at the request of an interested person, exercise its powers under the Labour Code (chapter C-27) in order to enforce this section if, in its opinion, a pressure tactic is being used in contravention of the first paragraph or a pressure tactic used in accordance with the second paragraph is compromising or is likely to compromise the health or safety of a user.

2009, c. 24, s. 53; 2011, c. 16, s. 155.

2009-06-12

53. Any concerted pressure tactic which deprives a user of a service to which the user is entitled or diminishes the quality of such a service during the term of a collective agreement is prohibited.

At any other time, such pressure tactics may only be used if

(1)  90 days have elapsed since the receipt of the notice required under section 39;

(2)  the pressure tactics have been authorized in a secret ballot by a majority vote of the members of the recognized association who participate in the ballot or, if the negotiations involve a group of associations, by a majority vote of the members of the associations in the group who participate in the ballot; and

(3)  the recognized association or group of associations sends the Minister and the Conseil des services essentiels established by section 111.0.1 of the Labour Code (chapter C-27) written notice of the pressure tactics it is contemplating at least 15 days before resorting to them.

The Conseil des services essentiels may, on its own initiative or at the request of an interested person, exercise its powers under the Labour Code in order to enforce this section if, in its opinion, a pressure tactic is being used in contravention of the first paragraph or a pressure tactic used in accordance with the second paragraph is compromising or is likely to compromise the health or safety of a user.

2009, c. 24, s. 53.