Acts and Regulations

I-4 - Industrial Relations Act

Section 3
Disposition versions

Full text
Employer and employee rights
3(1)No employer or employers’ organization, and no person acting on behalf of an employer or employers’ organization, shall participate in or interfere with the formation, selection or administration of a trade union or council of trade unions or the representation of employees by a trade union or council of trade unions or contribute financial or other support to it, but, notwithstanding anything in this section, an employer may
(a) make to a trade union donations to be used solely for the welfare of the members of the trade union and their dependents,
(b) permit an employee or representative of a trade union or council of trade unions to confer with him during working hours, or to attend to the business of a trade union or council of trade unions during working hours, without deduction of time so occupied in the computation of time worked for the employer and without deduction of wages in respect of the time so occupied,
(c) provide free transportation to representatives of a trade union or a council of trade unions for purposes of collective bargaining, the settlement of grievances, or an arbitration, and
(d) permit a trade union or council of trade unions to use the employer’s premises for the purposes of the trade union or council of trade unions.
3(2)No employer or employers’ organization, and no person acting on behalf of an employer or an employers’ organization, shall
(a) refuse to employ or to continue to employ any person, or discriminate against any person in regard to employment or any term or condition of employment, because the person is a member or officer of a trade union or council of trade unions,
(b) impose any condition in a written or verbal contract of employment seeking to restrain an employee or a person seeking employment from exercising his rights under this Act, or
(c) discharge an employee for the reason that
(i) the employee is or proposes to become, or seeks to induce any other person to become, a member or officer of a trade union or council of trade unions, or
(ii) the employee participates in the promotion, formation, or administration of a trade union or council of trade unions.
3(3)No employer or organization, and no person acting on behalf of an employer or an employers’ organization, shall seek by intimidation, by dismissal, by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by a promise, or by a wage increase, or by altering any other term or condition of employment, or by any other means, to compel or to induce an employee to refrain from becoming, or to cease to be, a member or officer or representative of a trade union or council of trade unions, or to deprive an employee of his rights under this Act, and no other person shall seek by intimidation or coercion to compel or induce an employee to become or refrain from becoming or to cease to be a member or officer of a trade union or council of trade unions or to deprive an employee of his rights under this Act.
3(4)No employer or employers’ organization, and no person acting on behalf of an employer or employers’ organization, shall
(a) refuse to employ or continue to employ a person,
(b) threaten dismissal or otherwise threaten a person,
(c) discriminate against a person in regard to employment or a term or condition of employment, or
(d) intimidate or coerce or impose a pecuniary or other penalty on a person,
because of a belief that he may testify in a proceeding under this Act or because he has made or is about to make a disclosure that may be required of him in a proceeding under this Act or because he has made an application or filed a complaint under this Act or because he has participated or is about to participate in a proceeding under this Act.
3(5)Nothing in this Act shall be deemed to deprive an employer or an employers’ organization, or a person acting on behalf of an employer or employers’ organization, of freedom to express his or its views so long as he or it does not exercise that freedom in a manner that is coercive, intimidating, threatening or intended to unduly influence any person.
3(6)Except as expressly provided, nothing in this Act shall be interpreted to affect the right of an employer or an employers’ organization to suspend, transfer, lay off or discharge an employee for proper cause.
3(7)Where an application for certification has been made and notwithstanding the definition “employee”, a person described in paragraph (a) of the definition “employee” is an employee for the purposes of subsections (2), (3) and (4) where he has, prior to being found by the Board to be excluded from the bargaining unit by virtue of paragraph (a) of the definition “employee”, engaged in any of the activities described in subsections (2), (3) and (4).
1971, c.9, s.4; 1982, c.31, s.1; 1985, c.51, s.1
Employer rights respecting formation of union
3(1)No employer or employers’ organization, and no person acting on behalf of an employer or employers’ organization, shall participate in or interfere with the formation, selection or administration of a trade union or council of trade unions or the representation of employees by a trade union or council of trade unions or contribute financial or other support to it, but, notwithstanding anything in this section, an employer may
(a) make to a trade union donations to be used solely for the welfare of the members of the trade union and their dependents,
(b) permit an employee or representative of a trade union or council of trade unions to confer with him during working hours, or to attend to the business of a trade union or council of trade unions during working hours, without deduction of time so occupied in the computation of time worked for the employer and without deduction of wages in respect of the time so occupied,
(c) provide free transportation to representatives of a trade union or a council of trade unions for purposes of collective bargaining, the settlement of grievances, or an arbitration, and
(d) permit a trade union or council of trade unions to use the employer’s premises for the purposes of the trade union or council of trade unions.
Employee rights respecting discrimination
3(2)No employer or employers’ organization, and no person acting on behalf of an employer or an employers’ organization, shall
(a) refuse to employ or to continue to employ any person, or discriminate against any person in regard to employment or any term or condition of employment, because the person is a member or officer of a trade union or council of trade unions,
(b) impose any condition in a written or verbal contract of employment seeking to restrain an employee or a person seeking employment from exercising his rights under this Act, or
(c) discharge an employee for the reason that
(i) the employee is or proposes to become, or seeks to induce any other person to become, a member or officer of a trade union or council of trade unions, or
(ii) the employee participates in the promotion, formation, or administration of a trade union or council of trade unions.
Employee rights respecting union membership
3(3)No employer or organization, and no person acting on behalf of an employer or an employers’ organization, shall seek by intimidation, by dismissal, by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by a promise, or by a wage increase, or by altering any other term or condition of employment, or by any other means, to compel or to induce an employee to refrain from becoming, or to cease to be, a member or officer or representative of a trade union or council of trade unions, or to deprive an employee of his rights under this Act, and no other person shall seek by intimidation or coercion to compel or induce an employee to become or refrain from becoming or to cease to be a member or officer of a trade union or council of trade unions or to deprive an employee of his rights under this Act.
Employee rights respecting this Act
3(4)No employer or employers’ organization, and no person acting on behalf of an employer or employers’ organization, shall
(a) refuse to employ or continue to employ a person,
(b) threaten dismissal or otherwise threaten a person,
(c) discriminate against a person in regard to employment or a term or condition of employment, or
(d) intimidate or coerce or impose a pecuniary or other penalty on a person,
because of a belief that he may testify in a proceeding under this Act or because he has made or is about to make a disclosure that may be required of him in a proceeding under this Act or because he has made an application or filed a complaint under this Act or because he has participated or is about to participate in a proceeding under this Act.
Employer rights respecting freedom of speech
3(5)Nothing in this Act shall be deemed to deprive an employer or an employers’ organization, or a person acting on behalf of an employer or employers’ organization, of freedom to express his or its views so long as he or it does not exercise that freedom in a manner that is coercive, intimidating, threatening or intended to unduly influence any person.
Employer rights respecting discharge of employees
3(6)Except as expressly provided, nothing in this Act shall be interpreted to affect the right of an employer or an employers’ organization to suspend, transfer, lay off or discharge an employee for proper cause.
Status of employee on application for certification
3(7)Where an application for certification has been made and notwithstanding the definition “employee”, a person described in paragraph (a) of the definition “employee” is an employee for the purposes of subsections (2), (3) and (4) where he has, prior to being found by the Board to be excluded from the bargaining unit by virtue of paragraph (a) of the definition “employee”, engaged in any of the activities described in subsections (2), (3) and (4).
1971, c.9, s.4; 1982, c.31, s.1; 1985, c.51, s.1