Acts and Regulations

I-4 - Industrial Relations Act

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Collective bargaining
34(1)Where notice to commence collective bargaining is given under section 32, the certified bargaining agent and the employer, or an employers’ organization representing the employer shall, without delay, but in any case within twenty days after the notice was given, or such further time as the parties may agree, meet and commence or cause authorized representatives on their behalf to meet and commence to bargain collectively with one another and shall make every reasonable effort to conclude a collective agreement.
34(2)Where a party to a collective agreement gives notice under section 33 to the other party to the agreement, the parties shall, without delay, but in any case within twenty days after the notice was given, or such further time as the parties may agree upon, meet and commence or cause authorized representatives on their behalf to meet and commence to bargain collectively and make every reasonable effort to conclude a renewal or revision of the agreement or a new agreement.
34(3)Where collective bargaining is substantially entered into under subsection (1) or (2), a party so bargaining collectively shall not discontinue, or withdraw from, the collective bargaining on the ground that no notice, or improper or insufficient notice, has been given under section 32 or 33.
34(4)Where an employers’ organization commences to bargain with a trade union or council of trade unions, it shall deliver to the trade union or council of trade unions, and to each employer therein named, a list of the names of the employers on whose behalf it is bargaining and, in default of so doing, it shall be deemed to bargain for all members of the employers’ organization for whose employees the trade union or council of trade unions is entitled to bargain and to make a collective agreement at that time, except an employer, who, either by himself or through the employers’ organization, has, within fourteen days of the commencement of bargaining, notified the trade union or council of trade unions in writing that the employers’ organization is not authorized to bargain collectively on behalf of the employer named in the notification.
34(5)Where a council of trade unions, other than a certified council of trade unions, commences to bargain with an employer or an employers’ organization, it shall deliver to the employer or employers’ organization, and to each trade union therein named, a list of the names of the trade unions on whose behalf it is bargaining and, in default of so doing, it shall be deemed to bargain for all members or affiliates of the council of trade unions and for all employees for whom the respective trade unions are entitled to bargain and to make a collective agreement at that time with the employer or the employers’ organization, except a trade union that, either by itself or through the council of trade unions, has, within fourteen days of the date of the commencement of bargaining, notified the employer or employers’ organization in writing that the council of trade unions is not authorized to bargain collectively on behalf of the trade union named in the notification.
34(6)Where a list is delivered or a notification given under subsection (4) or (5), a copy thereof shall be delivered or given to the Board within the time prescribed and, on default, the Board may by order require the delivery of a copy of the list or of the notification.
1971, c.9, s.35