Acts and Regulations

I-4 - Industrial Relations Act

Section 23
Disposition versions

Full text
Decertification – collective agreement
23(1)Where a trade union does not make a collective agreement with the employer within one year after its certification or within one year after the date of the termination of a collective agreement when section 21 applies, any of the employees in the bargaining unit determined in the certificate may, subject to section 30, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.
23(2)Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 30, apply to the Board for a declaration that the trade union or council of trade unions no longer represents the employees in the bargaining unit,
(a) when a collective agreement for a term of not more than three years is in force, only after the commencement of the last two months of its operation;
(b) when a collective agreement for a term of more than three years is in force, only after the commencement of the thirty-fifth month of its operation and before the commencement of the thirty-seventh month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation;
(c) when a collective agreement referred to in paragraph (a) or (b) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal or revision of the agreement or to the making of a new agreement, only during the last two months of each year that the agreement continues to operate, or after the commencement of the last two months of its operation.
23(3)Upon an application under subsection (1) or (2), the Board shall ascertain the number of employees in the bargaining unit at the date the application was made and, if satisfied that the application is supported by or has the voluntary support of not less than forty per cent of the employees in the bargaining unit at such time as is determined under paragraph 126(2)(e) the Board shall, by a representation vote, satisfy itself whether a majority of the employees desire that the right of the trade union or council of trade unions to bargain on their behalf be terminated.
23(4)Where, on the taking of the representation vote under subsection (3), more than fifty per cent of the ballots of all those eligible to vote are cast in opposition to the trade union or council of trade unions, the Board shall declare that the trade union or council of trade unions that was certified or that was or is a party to the collective agreement, as the case may be, no longer represents the employees in the bargaining unit.
23(5)In determining the number of eligible voters for the purpose of subsection (4), employees who are absent from work during voting hours and who do not cast their ballots shall not be counted as eligible.
23(6)An application under subsection (1) or (2) may be made by the employer and subsections (1) to (5) apply mutatis mutandis, if, in the application of subsection (3), the Board is satisfied that a substantial question exists as to whether the trade union or council of trade unions is supported by or has the voluntary support of the majority of the employees in the unit.
23(7)An application under subsection (1) or (2) may be made by another trade union or council of trade unions representing any of the employees in the bargaining unit described in the certification or in the collective agreement and subsections (1) to (5) apply mutatis mutandis.
23(8)Where the Board is of the opinion that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application made by or on behalf of those employees or that employer under subsection (1) or (2), and that it is not reasonable in the circumstances that the employees or that the employer, as the case may be, should suffer that damage or loss, an application under this section may be made at any time.
23(9)An application under subsection (6) does not affect any obligation of the employer to bargain collectively under the provisions of this Act, but the Board, pending disposition of the application or on disposition, may extend any time limits applicable to collective bargaining under this Act as the circumstances may require.
1971, c.9, s.24; 1987, c.6, s.43
Decertification
23(1)Where a trade union does not make a collective agreement with the employer within one year after its certification or within one year after the date of the termination of a collective agreement when section 21 applies, any of the employees in the bargaining unit determined in the certificate may, subject to section 30, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.
23(2)Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 30, apply to the Board for a declaration that the trade union or council of trade unions no longer represents the employees in the bargaining unit,
(a) when a collective agreement for a term of not more than three years is in force, only after the commencement of the last two months of its operation;
(b) when a collective agreement for a term of more than three years is in force, only after the commencement of the thirty-fifth month of its operation and before the commencement of the thirty-seventh month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation;
(c) when a collective agreement referred to in paragraph (a) or (b) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal or revision of the agreement or to the making of a new agreement, only during the last two months of each year that the agreement continues to operate, or after the commencement of the last two months of its operation.
23(3)Upon an application under subsection (1) or (2), the Board shall ascertain the number of employees in the bargaining unit at the date the application was made and, if satisfied that the application is supported by or has the voluntary support of not less than forty per cent of the employees in the bargaining unit at such time as is determined under paragraph 126(2)(e) the Board shall, by a representation vote, satisfy itself whether a majority of the employees desire that the right of the trade union or council of trade unions to bargain on their behalf be terminated.
23(4)Where, on the taking of the representation vote under subsection (3), more than fifty per cent of the ballots of all those eligible to vote are cast in opposition to the trade union or council of trade unions, the Board shall declare that the trade union or council of trade unions that was certified or that was or is a party to the collective agreement, as the case may be, no longer represents the employees in the bargaining unit.
23(5)In determining the number of eligible voters for the purpose of subsection (4), employees who are absent from work during voting hours and who do not cast their ballots shall not be counted as eligible.
23(6)An application under subsection (1) or (2) may be made by the employer and subsections (1) to (5) apply mutatis mutandis, if, in the application of subsection (3), the Board is satisfied that a substantial question exists as to whether the trade union or council of trade unions is supported by or has the voluntary support of the majority of the employees in the unit.
23(7)An application under subsection (1) or (2) may be made by another trade union or council of trade unions representing any of the employees in the bargaining unit described in the certification or in the collective agreement and subsections (1) to (5) apply mutatis mutandis.
23(8)Where the Board is of the opinion that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application made by or on behalf of those employees or that employer under subsection (1) or (2), and that it is not reasonable in the circumstances that the employees or that the employer, as the case may be, should suffer that damage or loss, an application under this section may be made at any time.
23(9)An application under subsection (6) does not affect any obligation of the employer to bargain collectively under the provisions of this Act, but the Board, pending disposition of the application or on disposition, may extend any time limits applicable to collective bargaining under this Act as the circumstances may require.
1971, c.9, s.24; 1987, c.6, s.43