Acts and Regulations

I-4 - Industrial Relations Act

Full text
Representation vote
14(1)When, pursuant to an application for certification under this Act by a trade union, the Board has determined that a unit of employees is appropriate for collective bargaining, the Board shall ascertain the number of employees in the bargaining unit at the date the application was made and the number of employees in the unit who were members of the trade union at such time as is determined under paragraph 126(2)(e).
14(2)If the Board is satisfied that not less than forty per cent and not more than sixty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board may direct that a representation vote be taken.
14(3)If, on the taking of a representation vote, more than fifty per cent of the ballots of all those eligible to vote are cast in favour of the trade union, and, in other cases, if the Board is satisfied that more than sixty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit.
14(4)In determining the number of eligible voters for the purpose of subsection (3), employees who are absent from work during voting hours and who do not cast their ballots shall not be counted as eligible.
14(5)If, on any application to which this section refers, the Board is satisfied that more than fifty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board may certify the trade union as bargaining agent without taking a representation vote.
1971, c.9, s.15
Representation vote
14(1)When, pursuant to an application for certification under this Act by a trade union, the Board has determined that a unit of employees is appropriate for collective bargaining, the Board shall ascertain the number of employees in the bargaining unit at the date the application was made and the number of employees in the unit who were members of the trade union at such time as is determined under paragraph 126(2)(e).
14(2)If the Board is satisfied that not less than forty per cent and not more than sixty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board may direct that a representation vote be taken.
14(3)If, on the taking of a representation vote, more than fifty per cent of the ballots of all those eligible to vote are cast in favour of the trade union, and, in other cases, if the Board is satisfied that more than sixty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit.
14(4)In determining the number of eligible voters for the purpose of subsection (3), employees who are absent from work during voting hours and who do not cast their ballots shall not be counted as eligible.
14(5)If, on any application to which this section refers, the Board is satisfied that more than fifty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board may certify the trade union as bargaining agent without taking a representation vote.
1971, c.9, s.15