Acts and Regulations

I-4 - Industrial Relations Act

Section 126
Disposition versions

Full text
Powers of the Board
126(1)The Board has and shall exercise such powers and perform such duties as are conferred or imposed upon it by or under this Act.
126(2)Without limiting the generality of subsection (1), the Board has power,
(a) where the Board determines that a representation vote is to be taken amongst the employees in a bargaining unit, to hold such additional representation votes as it considers necessary to determine the true wishes of the employees,
(b) where, in the taking of a representation vote, the Board determines that the employees are to be given a choice between two or more trade unions or councils of trade unions,
(i) to include on any ballot a choice indicating that an employee does not wish to be represented by a trade union or council of trade unions, and
(ii) when it decides to hold such additional representation votes as may be necessary, to eliminate from the choice on the ballot the trade union or council of trade unions that has obtained the lowest number of votes cast in the previous representation vote,
(c) to bar an unsuccessful applicant for any period not exceeding ten months from the date of the dismissal of the unsuccessful application, or to refuse to entertain a new application by an unsuccessful applicant or by any of the employees affected by an unsuccessful application or by any person or trade union or council of trade unions representing such employees within any period not exceeding ten months from the date of the dismissal of the unsuccessful application,
(d) notwithstanding sections 10 and 23 where an application has been made for certification of a trade union or council of trade unions as bargaining agent for employees in a bargaining unit, or for a declaration that the trade union or council of trade unions no longer represents the employees in a bargaining unit, and a final decision on the application has not been issued by the Board at the time a subsequent application for such certification or for such a declaration is made with respect to any of the employees affected by the original application,
(i) to treat the subsequent application as having been made on the date of the making of the original application,
(ii) to postpone consideration of the subsequent application until a final decision has been issued on the original application and thereafter consider the subsequent application subject to any final decision issued by the Board on the original application, or
(iii) refuse to entertain the subsequent application,
(d.1) Repealed: 1988, c.64, s.7
(e) to determine the form in which and the time as of which evidence of membership in a trade union or council of trade unions, of objection by employees to certification of a trade union, or of signification by employees that they no longer wish to be represented by a trade union or council of trade unions shall be presented to the Board on an application for certification or for a declaration terminating bargaining rights, and to refuse to accept any evidence of membership, objection or signification that is not presented in the form and as of the time so determined,
(f) to determine the form in which and the time as of which evidence of representation by an employers’ organization, of objection by employers to accreditation of an employers’ organization, or of signification by employers that they no longer wish to be represented by an employers’ organization shall be presented to the Board in an application for accreditation or for a declaration terminating bargaining rights of an employers’ organization, and to refuse to accept any evidence of representation, objection or signification that is not presented in the form and as of the time so determined,
(g) to require persons or trade unions or councils of trade unions, whether or not they are parties to proceedings before the Board, to post and to keep posted upon their premises in a conspicuous place or places, where they are most likely to come to the attention of all persons concerned, any notices that the Board deems necessary to bring to the attention of such persons in connection with any proceedings before the Board,
(h) to enter upon the premises of employers and conduct representation votes during working hours and give such directions in connection with the vote as it deems necessary,
(i) to authorize any person to do anything that the Board may do under paragraph (g) or (h) and to report to the Board thereon,
(j) where in any proceedings before the Board the Board is satisfied that a bona fide mistake has been made with the result that the proper person or trade union or council of trade unions has not been named as a party or has been incorrectly named, to order the proper person or trade union or council of trade unions to be substituted or added as a party to the proceedings or to be correctly named upon such terms as appear to the Board to be just, and
(k) where in any proceedings before the Board the Board is satisfied that a bona fide mistake has been made in the completion of the technical details of a document or any details required to give validity to the document, to postpone disposition on the matter to allow the document to be corrected upon such terms as appear to the Board to be just.
126(3)Repealed: 1988, c.64, s.7
1971, c.9, s.127; 1973, c.48, s.1; 1987, c.6, s.43; 1987, c.41, s.25; 1988, c.64, s.7
Powers of the Board
126(1)The Board has and shall exercise such powers and perform such duties as are conferred or imposed upon it by or under this Act.
126(2)Without limiting the generality of subsection (1), the Board has power,
(a) where the Board determines that a representation vote is to be taken amongst the employees in a bargaining unit, to hold such additional representation votes as it considers necessary to determine the true wishes of the employees,
(b) where, in the taking of a representation vote, the Board determines that the employees are to be given a choice between two or more trade unions or councils of trade unions,
(i) to include on any ballot a choice indicating that an employee does not wish to be represented by a trade union or council of trade unions, and
(ii) when it decides to hold such additional representation votes as may be necessary, to eliminate from the choice on the ballot the trade union or council of trade unions that has obtained the lowest number of votes cast in the previous representation vote,
(c) to bar an unsuccessful applicant for any period not exceeding ten months from the date of the dismissal of the unsuccessful application, or to refuse to entertain a new application by an unsuccessful applicant or by any of the employees affected by an unsuccessful application or by any person or trade union or council of trade unions representing such employees within any period not exceeding ten months from the date of the dismissal of the unsuccessful application,
(d) notwithstanding sections 10 and 23 where an application has been made for certification of a trade union or council of trade unions as bargaining agent for employees in a bargaining unit, or for a declaration that the trade union or council of trade unions no longer represents the employees in a bargaining unit, and a final decision on the application has not been issued by the Board at the time a subsequent application for such certification or for such a declaration is made with respect to any of the employees affected by the original application,
(i) to treat the subsequent application as having been made on the date of the making of the original application,
(ii) to postpone consideration of the subsequent application until a final decision has been issued on the original application and thereafter consider the subsequent application subject to any final decision issued by the Board on the original application, or
(iii) refuse to entertain the subsequent application,
(d.1) Repealed: 1988, c.64, s.7
(e) to determine the form in which and the time as of which evidence of membership in a trade union or council of trade unions, of objection by employees to certification of a trade union, or of signification by employees that they no longer wish to be represented by a trade union or council of trade unions shall be presented to the Board on an application for certification or for a declaration terminating bargaining rights, and to refuse to accept any evidence of membership, objection or signification that is not presented in the form and as of the time so determined,
(f) to determine the form in which and the time as of which evidence of representation by an employers’ organization, of objection by employers to accreditation of an employers’ organization, or of signification by employers that they no longer wish to be represented by an employers’ organization shall be presented to the Board in an application for accreditation or for a declaration terminating bargaining rights of an employers’ organization, and to refuse to accept any evidence of representation, objection or signification that is not presented in the form and as of the time so determined,
(g) to require persons or trade unions or councils of trade unions, whether or not they are parties to proceedings before the Board, to post and to keep posted upon their premises in a conspicuous place or places, where they are most likely to come to the attention of all persons concerned, any notices that the Board deems necessary to bring to the attention of such persons in connection with any proceedings before the Board,
(h) to enter upon the premises of employers and conduct representation votes during working hours and give such directions in connection with the vote as it deems necessary,
(i) to authorize any person to do anything that the Board may do under paragraph (g) or (h) and to report to the Board thereon,
(j) where in any proceedings before the Board the Board is satisfied that a bona fide mistake has been made with the result that the proper person or trade union or council of trade unions has not been named as a party or has been incorrectly named, to order the proper person or trade union or council of trade unions to be substituted or added as a party to the proceedings or to be correctly named upon such terms as appear to the Board to be just, and
(k) where in any proceedings before the Board the Board is satisfied that a bona fide mistake has been made in the completion of the technical details of a document or any details required to give validity to the document, to postpone disposition on the matter to allow the document to be corrected upon such terms as appear to the Board to be just.
126(3)Repealed: 1988, c.64, s.7
1971, c.9, s.127; 1973, c.48, s.1; 1987, c.6, s.43; 1987, c.41, s.25; 1988, c.64, s.7