Acts and Regulations

I-4 - Industrial Relations Act

Section 11
Disposition versions

Full text
Application for certification as bargaining agent
11(1)Subject to subsection (3), where a trade union has not made a collective agreement within one year after its certification or within one year after the date of the termination of a collective agreement when section 21 applies, and the Minister has appointed a conciliation officer or appointed a mediator under section 70, no application for certification of a bargaining agent of the employees in the bargaining unit determined in the certificate shall be made until
(a) thirty days have elapsed after the Minister has released to the parties the report of a conciliation board,
(b) thirty days have elapsed after the Minister has released to the parties a notice that he does not deem it advisable to appoint a conciliation board, or
(c) six months have elapsed after the Minister has released to the parties a notice of a report of the conciliation officer or the mediator that the differences between the parties concerning the terms of a collective agreement have been settled,
as the case may be.
11(2)Where notice has been given under section 33 with a view to the renewal or revision of a collective agreement then in operation or to the making of a new agreement and the Minister has appointed a conciliation officer or appointed a mediator under section 70, no application for certification of a bargaining agent of any of the employees in the bargaining unit as defined in the collective agreement shall be made after the date when the agreement ceased to operate or the date when the Minister appointed the conciliation officer or the mediator, whichever is later, unless, following the appointment of the conciliation officer or the mediator, if no collective agreement has been made,
(a) at least twelve months have elapsed from the date of the appointment of the conciliation officer or the mediator,
(b) a conciliation board has been appointed and thirty days have elapsed after the report of the conciliation board has been released by the Minister to the parties, or
(c) thirty days have elapsed after the Minister has informed the parties that he does not deem it desirable to appoint a conciliation board,
whichever is later.
11(3)Where a trade union has given notice under section 32 with a view to the making of a collective agreement and the employees in the bargaining unit on whose behalf the trade union was certified as bargaining agent thereafter engage in a lawful strike or the employer lawfully locks-out such employees, no application for certification of a bargaining agent of any of the employees in the bargaining unit determined in the certificate shall be made
(a) until six months have elapsed after the strike or lock-out commenced, or
(b) until seven months have elapsed after the Minister has released to the parties the report of the conciliation board or a notice that the Minister does not deem it advisable to appoint a conciliation board,
whichever occurs first.
11(4)Subsections (1) and (3) apply mutatis mutandis to an application made under subsection 10(4).
1971, c.9, s.12