Acts and Regulations

I-4 - Industrial Relations Act

Section 35
Disposition versions

Full text
Alteration of rights during collective bargaining
35(1)Where a trade union or council of trade unions has applied for certification and notice thereof from the Board has been received by the employer or employers’ organization, no employer or employers’ organization shall, except with the consent of the trade union or council of trade unions, alter the rights, privileges or duty of the employer or the employee until
(a) the trade union has given notice under section 32, in which case subsection (2) applies, or
(b) the application for certification by the trade union or council of trade unions is dismissed or terminated by the Board or withdrawn by the trade union or council of trade unions.
35(2)Where notice has been given under section 32 or 33 and no collective agreement is in operation, no employer or employers’ organization shall, except with the consent of the trade union or council of trade unions, alter the rates of wages or any other term or condition of employment or any right, privilege or duty, of the employer, the employers’ organization, the trade union, the council of trade unions, or the employees, and no trade union or council of trade unions shall, except with the consent of the employer or employers’ organization, alter any term or condition of employment or any right, privilege or duty of the employer, the employers’ organization, the trade union, the council of trade unions, or the employees until a collective agreement or a renewal or revision of the agreement or a new agreement has been concluded or one of the following conditions has been met:
(a) until a party has requested the Minister to instruct a conciliation officer to confer with the parties and seven days have elapsed from the date on which the Minister has released to the parties a notice under subsection 36(3) that he does not deem it advisable to appoint a conciliation officer or to appoint a mediator under section 70,
(b) until, where the Minister has appointed a conciliation officer or a mediator to confer with the parties, fourteen 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,
(c) until, where the Minister has appointed a conciliation board, fourteen days have elapsed after the Minister has released to the parties the report of the conciliation board, or
(d) until the right of the trade union or council of trade unions to represent the employees has been terminated,
whichever occurs first.
35(3)Where notice has been given under section 33 and no collective agreement is in operation, any difference between the parties as to whether or not subsection (2) of this section was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation with the reference made thereunder and section 55 applies mutatis mutandis thereto.
35(4)Where a violation of this section is alleged and the matter has not been referred to arbitration under subsection (3), either of the parties may make an application to the Board and, where the Board determines upon hearing the application that this section has been violated, the Board may order any party to comply with the terms and conditions of employment or to cease doing anything that constitutes a violation of this section.
1971, c.9, s.36; 1982, c.31, s.3; 1987, c.6, s.43