Acts and Regulations

I-4 - Industrial Relations Act

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Employers’ organization – effect of accreditation
47(1)Upon the accreditation of an employers’ organization, all rights, duties and obligations under this Act of employers for whom the accredited employers’ organization is or becomes the bargaining agent apply mutatis mutandis to the accredited employers’ organization.
47(2)Upon the accreditation of an employers’ organization, any collective agreement in operation between the trade union or council of trade unions and any employer in paragraph 46(1)(a) is binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision therein respecting its renewal or revision.
47(3)When any collective agreement mentioned in subsection (2) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by such parties.
47(4)Where, after the date of the making of an application for accreditation, a trade union or council of trade unions obtains bargaining rights for the employee of an employer through certification or voluntary recognition in a recognition agreement, that employer is bound by any collective agreement in existence at the time of the certification or voluntary recognition between the trade union or council of trade unions and the applicant employers’ organization or subsequently entered into by the parties.
47(5)A collective agreement between a trade union or council of trade unions and an employer who, but for the one-year requirement, would have been included in paragraph 46(1)(a) is binding on the parties thereto only for the remainder of the term of operation of the agreement regardless of any provisions therein respecting its renewal or revision.
47(6)When any collective agreement mentioned in subsection (5) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by such parties.
47(7)Where, under the provisions of this section, an employer becomes bound by a collective agreement between a trade union or council of trade unions and an accredited employers’ organization after the agreement has commenced to operate, the agreement ceases to be binding on the employer in accordance with the terms thereof, notwithstanding subsection 57(1).
1971, c.9, s.48
Certification of employers’ organization
47(1)Upon the accreditation of an employers’ organization, all rights, duties and obligations under this Act of employers for whom the accredited employers’ organization is or becomes the bargaining agent apply mutatis mutandis to the accredited employers’ organization.
47(2)Upon the accreditation of an employers’ organization, any collective agreement in operation between the trade union or council of trade unions and any employer in paragraph 46(1)(a) is binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision therein respecting its renewal or revision.
47(3)When any collective agreement mentioned in subsection (2) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by such parties.
47(4)Where, after the date of the making of an application for accreditation, a trade union or council of trade unions obtains bargaining rights for the employee of an employer through certification or voluntary recognition in a recognition agreement, that employer is bound by any collective agreement in existence at the time of the certification or voluntary recognition between the trade union or council of trade unions and the applicant employers’ organization or subsequently entered into by the parties.
47(5)A collective agreement between a trade union or council of trade unions and an employer who, but for the one-year requirement, would have been included in paragraph 46(1)(a) is binding on the parties thereto only for the remainder of the term of operation of the agreement regardless of any provisions therein respecting its renewal or revision.
47(6)When any collective agreement mentioned in subsection (5) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by such parties.
47(7)Where, under the provisions of this section, an employer becomes bound by a collective agreement between a trade union or council of trade unions and an accredited employers’ organization after the agreement has commenced to operate, the agreement ceases to be binding on the employer in accordance with the terms thereof, notwithstanding subsection 57(1).
1971, c.9, s.48