Acts and Regulations

I-4 - Industrial Relations Act

Section 105.1
Disposition versions

Full text
Vote on offer
105.1(1)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the employer of the employees in the bargaining unit affected or an employers’ organization representing the employer may request that a vote of the employees in the bargaining unit affected be taken as to the acceptance or rejection of the most recent offer presented by the employer or the employers’ organization, as the case may be, to the bargaining agent of the employees in the bargaining unit affected in respect of all matters remaining in dispute between the parties.
105.1(2)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the bargaining agent of the employees in the bargaining unit affected may, where an employers’ organization is a party to the dispute, request that a vote of the employers represented in the dispute by the employers’ organization be taken as to the acceptance or rejection of the most recent offer presented by the bargaining agent to the employers’ organization in respect of all matters remaining in dispute between the parties.
105.1(3)A request referred to in subsection (1) or (2) shall be made in writing to the Board.
105.1(4)As soon as is practicable after receipt of a request referred to in subsection (1) or (2), the Board shall
(a) in the case of an offer presented to a bargaining agent, take a vote of the employees in the bargaining unit affected who have not during the dispute found permanent employment elsewhere on the acceptance or rejection of the offer, and
(b) in the case of an offer presented to an employers’ organization, take a vote of the employers represented in the dispute by the employers’ organization on the acceptance or rejection of the offer.
105.1(5)A vote taken under this section shall be taken by secret ballot and the vote shall be conducted in such a manner, whether by mail or otherwise, that those eligible to vote have ample opportunity to cast their ballots.
105.1(6)Where a majority of the employees or employers, as the case may be, who vote under this section vote in favour of accepting the offer, the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer.
105.1(7)A request that a vote be taken under this section shall not be made
(a) by either party more than once during each dispute,
(a.1) where the Board submits the matter to an arbitrator or an arbitration board under subparagraph 36.1(5)(b)(ii),
(b) where the parties have agreed to be bound by the award of a conciliation board under section 69,
(c) where the parties have agreed to be bound by the award of an arbitrator or arbitration board appointed or constituted under section 79, or
(d) Repealed: 2020, c.32, s.3
(e) where the parties have filed with the Minister an agreement in writing to be bound by the result of a vote on acceptance of the report of a conciliation board under section 93, unless, on a vote taken under that section, the report of the conciliation board is rejected.
105.1(8)The cost of taking a vote under this section shall be paid by the party requesting the vote.
105.1(9)A request that a vote be taken, or the taking of a vote, under this section does not abridge or extend any time limits or periods provided for in this Act.
105.1(10)The Board shall determine any question that arises under this section, including any question relating to the taking of a vote or the determination of its result.
1994, c.42, s.1; 2017, c.44, s.4; 2020, c.32, s.3
Vote on offer
105.1(1)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the employer of the employees in the bargaining unit affected or an employers’ organization representing the employer may request that a vote of the employees in the bargaining unit affected be taken as to the acceptance or rejection of the most recent offer presented by the employer or the employers’ organization, as the case may be, to the bargaining agent of the employees in the bargaining unit affected in respect of all matters remaining in dispute between the parties.
105.1(2)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the bargaining agent of the employees in the bargaining unit affected may, where an employers’ organization is a party to the dispute, request that a vote of the employers represented in the dispute by the employers’ organization be taken as to the acceptance or rejection of the most recent offer presented by the bargaining agent to the employers’ organization in respect of all matters remaining in dispute between the parties.
105.1(3)A request referred to in subsection (1) or (2) shall be made in writing to the Board.
105.1(4)As soon as is practicable after receipt of a request referred to in subsection (1) or (2), the Board shall
(a) in the case of an offer presented to a bargaining agent, take a vote of the employees in the bargaining unit affected who have not during the dispute found permanent employment elsewhere on the acceptance or rejection of the offer, and
(b) in the case of an offer presented to an employers’ organization, take a vote of the employers represented in the dispute by the employers’ organization on the acceptance or rejection of the offer.
105.1(5)A vote taken under this section shall be taken by secret ballot and the vote shall be conducted in such a manner, whether by mail or otherwise, that those eligible to vote have ample opportunity to cast their ballots.
105.1(6)Where a majority of the employees or employers, as the case may be, who vote under this section vote in favour of accepting the offer, the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer.
105.1(7)A request that a vote be taken under this section shall not be made
(a) by either party more than once during each dispute,
(a.1) where the Board submits the matter to an arbitrator or an arbitration board under subparagraph 36.1(5)(b)(ii),
(b) where the parties have agreed to be bound by the award of a conciliation board under section 69,
(c) where the parties have agreed to be bound by the award of an arbitrator or arbitration board appointed or constituted under section 79,
(d) where the Minister has authorized the constitution of an arbitration board or the appointment of an arbitrator under section 80, or
(e) where the parties have filed with the Minister an agreement in writing to be bound by the result of a vote on acceptance of the report of a conciliation board under section 93, unless, on a vote taken under that section, the report of the conciliation board is rejected.
105.1(8)The cost of taking a vote under this section shall be paid by the party requesting the vote.
105.1(9)A request that a vote be taken, or the taking of a vote, under this section does not abridge or extend any time limits or periods provided for in this Act.
105.1(10)The Board shall determine any question that arises under this section, including any question relating to the taking of a vote or the determination of its result.
1994, c.42, s.1; 2017, c.44, s.4
Vote on offer
105.1(1)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the employer of the employees in the bargaining unit affected or an employers’ organization representing the employer may request that a vote of the employees in the bargaining unit affected be taken as to the acceptance or rejection of the most recent offer presented by the employer or the employers’ organization, as the case may be, to the bargaining agent of the employees in the bargaining unit affected in respect of all matters remaining in dispute between the parties.
105.1(2)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the bargaining agent of the employees in the bargaining unit affected may, where an employers’ organization is a party to the dispute, request that a vote of the employers represented in the dispute by the employers’ organization be taken as to the acceptance or rejection of the most recent offer presented by the bargaining agent to the employers’ organization in respect of all matters remaining in dispute between the parties.
105.1(3)A request referred to in subsection (1) or (2) shall be made in writing to the Board.
105.1(4)As soon as is practicable after receipt of a request referred to in subsection (1) or (2), the Board shall
(a) in the case of an offer presented to a bargaining agent, take a vote of the employees in the bargaining unit affected who have not during the dispute found permanent employment elsewhere on the acceptance or rejection of the offer, and
(b) in the case of an offer presented to an employers’ organization, take a vote of the employers represented in the dispute by the employers’ organization on the acceptance or rejection of the offer.
105.1(5)A vote taken under this section shall be taken by secret ballot and the vote shall be conducted in such a manner, whether by mail or otherwise, that those eligible to vote have ample opportunity to cast their ballots.
105.1(6)Where a majority of the employees or employers, as the case may be, who vote under this section vote in favour of accepting the offer, the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer.
105.1(7)A request that a vote be taken under this section shall not be made
(a) by either party more than once during each dispute,
(b) where the parties have agreed to be bound by the award of a conciliation board under section 69,
(c) where the parties have agreed to be bound by the award of an arbitrator or arbitration board appointed or constituted under section 79,
(d) where the Minister has authorized the constitution of an arbitration board or the appointment of an arbitrator under section 80, or
(e) where the parties have filed with the Minister an agreement in writing to be bound by the result of a vote on acceptance of the report of a conciliation board under section 93, unless, on a vote taken under that section, the report of the conciliation board is rejected.
105.1(8)The cost of taking a vote under this section shall be paid by the party requesting the vote.
105.1(9)A request that a vote be taken, or the taking of a vote, under this section does not abridge or extend any time limits or periods provided for in this Act.
105.1(10)The Board shall determine any question that arises under this section, including any question relating to the taking of a vote or the determination of its result.
1994, c.42, s.1
Vote on offer
105.1(1)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the employer of the employees in the bargaining unit affected or an employers’ organization representing the employer may request that a vote of the employees in the bargaining unit affected be taken as to the acceptance or rejection of the most recent offer presented by the employer or the employers’ organization, as the case may be, to the bargaining agent of the employees in the bargaining unit affected in respect of all matters remaining in dispute between the parties.
105.1(2)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the bargaining agent of the employees in the bargaining unit affected may, where an employers’ organization is a party to the dispute, request that a vote of the employers represented in the dispute by the employers’ organization be taken as to the acceptance or rejection of the most recent offer presented by the bargaining agent to the employers’ organization in respect of all matters remaining in dispute between the parties.
105.1(3)A request referred to in subsection (1) or (2) shall be made in writing to the Board.
105.1(4)As soon as is practicable after receipt of a request referred to in subsection (1) or (2), the Board shall
(a) in the case of an offer presented to a bargaining agent, take a vote of the employees in the bargaining unit affected who have not during the dispute found permanent employment elsewhere on the acceptance or rejection of the offer, and
(b) in the case of an offer presented to an employers’ organization, take a vote of the employers represented in the dispute by the employers’ organization on the acceptance or rejection of the offer.
105.1(5)A vote taken under this section shall be taken by secret ballot and the vote shall be conducted in such a manner, whether by mail or otherwise, that those eligible to vote have ample opportunity to cast their ballots.
105.1(6)Where a majority of the employees or employers, as the case may be, who vote under this section vote in favour of accepting the offer, the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer.
105.1(7)A request that a vote be taken under this section shall not be made
(a) by either party more than once during each dispute,
(b) where the parties have agreed to be bound by the award of a conciliation board under section 69,
(c) where the parties have agreed to be bound by the award of an arbitrator or arbitration board appointed or constituted under section 79,
(d) where the Minister has authorized the constitution of an arbitration board or the appointment of an arbitrator under section 80, or
(e) where the parties have filed with the Minister an agreement in writing to be bound by the result of a vote on acceptance of the report of a conciliation board under section 93, unless, on a vote taken under that section, the report of the conciliation board is rejected.
105.1(8)The cost of taking a vote under this section shall be paid by the party requesting the vote.
105.1(9)A request that a vote be taken, or the taking of a vote, under this section does not abridge or extend any time limits or periods provided for in this Act.
105.1(10)The Board shall determine any question that arises under this section, including any question relating to the taking of a vote or the determination of its result.
1994, c.42, s.1