Acts and Regulations

I-4 - Industrial Relations Act

Section 21
Disposition versions

Full text
Effect of certification
21(1)Where a trade union is certified under this Act as the bargaining agent of the employees in a unit,
(a) the trade union shall immediately replace any other bargaining agent of employees in the unit and shall have exclusive authority to bargain collectively on behalf of employees in the unit and to bind them by a collective agreement until the certification of the trade union in respect of employees in the unit is revoked, and
(b) if another trade union had previously been certified as bargaining agent in respect of employees in the unit, the certification of that trade union shall cease to operate and shall be deemed to be revoked in respect of such employees.
21(2)Where a trade union is certified under this Act as the bargaining agent of the employees in a unit, if at the time of certification a collective agreement that is binding on or that was entered into on behalf of the employees is in force, the trade union shall be substituted as a party to the agreement in place of the bargaining agent that is a party to the agreement on behalf of the employees in the unit.
21(3)Where a trade union is substituted as a party to a collective agreement under this section, the collective agreement, in so far as it applies to the employees in the unit for which the trade union was certified, notwithstanding anything in the agreement or in this Act, may be terminated
(a) at any time by the mutual consent of the parties,
(b) when the agreement provides for a term of one year, at any time after the agreement has been in force for ten months, if written notice is given by the trade union,
(c) when the agreement provides for a term of more than one year and less than the term in paragraph (d) and the agreement has been in force for one year, at the end of the second year or at the end of the term, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement or before the end of the term,
(d) when the agreement provides for a term of three years or more, at the end of the second or subsequent year that the agreement has been in force or at the end of the term, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement or before the end of the term, or
(e) when the agreement provides for the continuation of the agreement from year to year, and the agreement has been in force for ten months, at the end of the first or subsequent year, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement.
21(4)Where the Board is satisfied that consent should be given to the termination of a collective agreement under subsection (3) at a time other than as authorized, the Board may consent to earlier termination.
21(5)Where a trade union is substituted as a party to a collective agreement under this section and the collective agreement is terminated under this section, the trade union, may at any time serve written notice on the employer to commence collective bargaining and a notice given has the effect of a notice given under section 32.
21(6)Where, after the date a trade union or council of trade unions becomes entitled to apply for certification under subsections 10(5) to (7) or to apply for a declaration of termination of bargaining rights under subsection 23(2), a trade union or council of trade unions terminates a collective agreement by mutual consent under subsection (3), an application may be made under subsection 10(3) or under subsection 23(1) and, notwithstanding the condition expressed in section 10, 11, 23 or 30 with respect to an expiry date following the termination of an agreement under section 21, the condition shall not apply to the application.
1971, c.9, s.22
Effect of certification
21(1)Where a trade union is certified under this Act as the bargaining agent of the employees in a unit,
(a) the trade union shall immediately replace any other bargaining agent of employees in the unit and shall have exclusive authority to bargain collectively on behalf of employees in the unit and to bind them by a collective agreement until the certification of the trade union in respect of employees in the unit is revoked, and
(b) if another trade union had previously been certified as bargaining agent in respect of employees in the unit, the certification of that trade union shall cease to operate and shall be deemed to be revoked in respect of such employees.
21(2)Where a trade union is certified under this Act as the bargaining agent of the employees in a unit, if at the time of certification a collective agreement that is binding on or that was entered into on behalf of the employees is in force, the trade union shall be substituted as a party to the agreement in place of the bargaining agent that is a party to the agreement on behalf of the employees in the unit.
21(3)Where a trade union is substituted as a party to a collective agreement under this section, the collective agreement, in so far as it applies to the employees in the unit for which the trade union was certified, notwithstanding anything in the agreement or in this Act, may be terminated
(a) at any time by the mutual consent of the parties,
(b) when the agreement provides for a term of one year, at any time after the agreement has been in force for ten months, if written notice is given by the trade union,
(c) when the agreement provides for a term of more than one year and less than the term in paragraph (d) and the agreement has been in force for one year, at the end of the second year or at the end of the term, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement or before the end of the term,
(d) when the agreement provides for a term of three years or more, at the end of the second or subsequent year that the agreement has been in force or at the end of the term, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement or before the end of the term, or
(e) when the agreement provides for the continuation of the agreement from year to year, and the agreement has been in force for ten months, at the end of the first or subsequent year, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement.
21(4)Where the Board is satisfied that consent should be given to the termination of a collective agreement under subsection (3) at a time other than as authorized, the Board may consent to earlier termination.
21(5)Where a trade union is substituted as a party to a collective agreement under this section and the collective agreement is terminated under this section, the trade union, may at any time serve written notice on the employer to commence collective bargaining and a notice given has the effect of a notice given under section 32.
21(6)Where, after the date a trade union or council of trade unions becomes entitled to apply for certification under subsections 10(5) to (7) or to apply for a declaration of termination of bargaining rights under subsection 23(2), a trade union or council of trade unions terminates a collective agreement by mutual consent under subsection (3), an application may be made under subsection 10(3) or under subsection 23(1) and, notwithstanding the condition expressed in section 10, 11, 23 or 30 with respect to an expiry date following the termination of an agreement under section 21, the condition shall not apply to the application.
1971, c.9, s.22