Acts and Regulations

I-4 - Industrial Relations Act

Section 46
Disposition versions

Full text
Employers’ organization – application under section 44
46(1)Upon an application for accreditation under section 44, the Board shall ascertain
(a) the number of employers in the unit of employers on the date of the application who have within one year prior to such date had employees in their employ for whom the trade union or council of trade unions has bargaining rights in the geographic area and sector determined by the Board to be appropriate,
(b) the number of employers in paragraph (a), represented by the employers’ organization on the date of the application, and
(c) the number of employees of employers in paragraph (a) on the payroll of each such employer for the weekly payroll period immediately preceding the date of the application or, if in the opinion of the Board such payroll period is unsatisfactory for any one or more of the employers in paragraph (a), such other weekly payroll period for any one or more of such employers as the Board considers advisable.
46(2)The Board, if satisfied
(a) that a majority of the employers in paragraph (1)(a) are represented by the employers’ organization, and
(b) that such majority of employers employed a majority of the employees in paragraph (1)(c)
shall, subject to subsection (3), accredit the employers’ organization as the bargaining agent of the employers in the unit of employers and for such other employers for whose employees the trade union or council of trade unions may, after the date of the making of the application, obtain bargaining rights through certification or voluntary recognition in recognition agreements in the appropriate geographic area and sector.
46(3)Before accrediting an employers’ organization under subsection (2), the Board shall satisfy itself that the employers’ organization is a properly constituted organization and that each of the employer members whom it represents has vested appropriate authority in the organization to enable it to discharge the responsibilities of an accredited bargaining agent.
46(4)Where the Board is of the opinion that appropriate authority has not been vested in the employers’ organization, the Board may postpone disposition of the application to enable employers represented by the organization to vest such additional or other authority in the organization as the Board considers necessary.
46(5)The Board shall not accredit any employers’ organization if any trade union or council of trade unions has participated in its formation, selection or administration or has contributed financial or other support to it.
1971, c.9, s.47
Certification of employers’ organization
46(1)Upon an application for accreditation under section 44, the Board shall ascertain
(a) the number of employers in the unit of employers on the date of the application who have within one year prior to such date had employees in their employ for whom the trade union or council of trade unions has bargaining rights in the geographic area and sector determined by the Board to be appropriate,
(b) the number of employers in paragraph (a), represented by the employers’ organization on the date of the application, and
(c) the number of employees of employers in paragraph (a) on the payroll of each such employer for the weekly payroll period immediately preceding the date of the application or, if in the opinion of the Board such payroll period is unsatisfactory for any one or more of the employers in paragraph (a), such other weekly payroll period for any one or more of such employers as the Board considers advisable.
46(2)The Board, if satisfied
(a) that a majority of the employers in paragraph (1)(a) are represented by the employers’ organization, and
(b) that such majority of employers employed a majority of the employees in paragraph (1)(c)
shall, subject to subsection (3), accredit the employers’ organization as the bargaining agent of the employers in the unit of employers and for such other employers for whose employees the trade union or council of trade unions may, after the date of the making of the application, obtain bargaining rights through certification or voluntary recognition in recognition agreements in the appropriate geographic area and sector.
46(3)Before accrediting an employers’ organization under subsection (2), the Board shall satisfy itself that the employers’ organization is a properly constituted organization and that each of the employer members whom it represents has vested appropriate authority in the organization to enable it to discharge the responsibilities of an accredited bargaining agent.
46(4)Where the Board is of the opinion that appropriate authority has not been vested in the employers’ organization, the Board may postpone disposition of the application to enable employers represented by the organization to vest such additional or other authority in the organization as the Board considers necessary.
46(5)The Board shall not accredit any employers’ organization if any trade union or council of trade unions has participated in its formation, selection or administration or has contributed financial or other support to it.
1971, c.9, s.47