Acts and Regulations

I-4 - Industrial Relations Act

Section 49
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Decertification of employers’ organization
49(1)Where an accredited employers’ organization does not make a collective agreement with the trade union or council of trade unions, as the case may be, within one year after its accreditation, any of the employers in the unit of employers determined in the accreditation certificate may apply at any time to the Board for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit.
49(2)Any of the employers in the bargaining unit defined in a collective agreement between an accredited employers’ organization and a trade union or council of trade unions, as the case may be, may apply to the Board only during the last two months of the operation of the agreement for a declaration that the accredited employers’ organization no longer represents the employers in the unit of employers.
49(3)Upon an application under subsection (1) or (2), the Board shall ascertain
(a) the number of employers in the unit of employers on the date of the application,
(b) the number of employers in the unit of employers who, within the two-month period immediately preceding the date of making of the application, have voluntarily signified in writing that they no longer wish to be represented by the accredited employers’ organization, and
(c) the number of employees affected by the application of employers in the unit of employers 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.
49(4)If the Board, on an application made under subsection (1) or (2) is satisfied
(a) that a majority of the employers in paragraph (3)(a) has voluntarily signified in writing that they no longer wish to be represented by the accredited employers’ organization, and
(b) that such majority of employers employed a majority of the employees in paragraph (3)(c)
the Board shall declare that the employers’ organization that was accredited or that was or is a party to the collective agreement, as the case may be, no longer represents the employers in the unit of employers.
49(5)Where an accredited employers’ organization does not give notice to commence to bargain within thirty days after it becomes entitled so to do following its accreditation, or where it fails to give notice under section 33, and no such notice is given by the trade union or council of trade unions, any of the employers in the unit of employers determined in the accreditation certificate or any of the employees in the unit or a trade union or council of trade unions affected by the accreditation may, with the consent of the Board, apply for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit and the Board, upon the application, may, upon inquiry, declare that the accredited employers’ organization no longer represents the employers in the bargaining unit.
49(6)Where an accredited employers’ organization that has given notice to commence to bargain within thirty days after it became entitled so to do following its accreditation or that has given notice under section 33, or that has received notice under section 32 or 33, fails to commence to bargain within ten days from the giving of the notice, or after having commenced to bargain, but before the Minister has appointed a conciliation officer or appointed a mediator under section 70, allows a period of thirty days to elapse during which it has not sought to bargain, any of the employers in the unit of employers determined in the accreditation certificate or any of the employees in the unit or a trade union or council of trade unions affected by the accreditation may, with the consent of the Board, apply for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit and the Board, upon the application, may, upon inquiry, declare that the accredited employers’ organization no longer represents the employers in the bargaining unit.
49(7)Upon an application under subsections (1) to (6), when the employers’ organization informs the Board that it does not desire to continue to represent the employers in the unit of employers, the Board may declare that the employers’ organization no longer represents the employers in the unit.
49(8)Upon the Board making a declaration under subsections (4) to (7) the employers’ organization ceases to be an accredited employers’ organization, and
(a) any collective agreement in operation between the trade union or council of trade unions and the employers’ organization that is binding upon the employers in the unit of employers ceases to operate forthwith,
(b) all rights, duties and obligations under this Act of the employers’ organization revert mutatis mutandis to the individual employers represented by the employers’ organization, and
(c) the trade union or council of trade unions, as the case may be, is entitled to give to any employer in the unit of employers a written notice of its desire to bargain with a view to making a collective agreement, and such notice has the same effect as a notice under section 32.
49(9)The trade union or council of trade unions, as the case may be, and the accredited employers’ organization may for the purposes of this section agree in writing to an extension of the times prescribed in subsection (1), (5) or (6) in which event subsection (1), (5) or (6) applies from the elapse of the extended time.
49(10)An application under subsection (5) or (6) by a trade union or council of trade unions does not affect any obligation of the trade union or council of trade unions to bargain collectively under the provisions of this Act, but the Board, pending disposition of the application or on disposition, may extend any time limits applicable to collective bargaining under this Act as the circumstances may require.
1971, c.9, s.50
Decertification of employers’ organization
49(1)Where an accredited employers’ organization does not make a collective agreement with the trade union or council of trade unions, as the case may be, within one year after its accreditation, any of the employers in the unit of employers determined in the accreditation certificate may apply at any time to the Board for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit.
49(2)Any of the employers in the bargaining unit defined in a collective agreement between an accredited employers’ organization and a trade union or council of trade unions, as the case may be, may apply to the Board only during the last two months of the operation of the agreement for a declaration that the accredited employers’ organization no longer represents the employers in the unit of employers.
49(3)Upon an application under subsection (1) or (2), the Board shall ascertain
(a) the number of employers in the unit of employers on the date of the application,
(b) the number of employers in the unit of employers who, within the two-month period immediately preceding the date of making of the application, have voluntarily signified in writing that they no longer wish to be represented by the accredited employers’ organization, and
(c) the number of employees affected by the application of employers in the unit of employers 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.
49(4)If the Board, on an application made under subsection (1) or (2) is satisfied
(a) that a majority of the employers in paragraph (3)(a) has voluntarily signified in writing that they no longer wish to be represented by the accredited employers’ organization, and
(b) that such majority of employers employed a majority of the employees in paragraph (3)(c)
the Board shall declare that the employers’ organization that was accredited or that was or is a party to the collective agreement, as the case may be, no longer represents the employers in the unit of employers.
49(5)Where an accredited employers’ organization does not give notice to commence to bargain within thirty days after it becomes entitled so to do following its accreditation, or where it fails to give notice under section 33, and no such notice is given by the trade union or council of trade unions, any of the employers in the unit of employers determined in the accreditation certificate or any of the employees in the unit or a trade union or council of trade unions affected by the accreditation may, with the consent of the Board, apply for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit and the Board, upon the application, may, upon inquiry, declare that the accredited employers’ organization no longer represents the employers in the bargaining unit.
49(6)Where an accredited employers’ organization that has given notice to commence to bargain within thirty days after it became entitled so to do following its accreditation or that has given notice under section 33, or that has received notice under section 32 or 33, fails to commence to bargain within ten days from the giving of the notice, or after having commenced to bargain, but before the Minister has appointed a conciliation officer or appointed a mediator under section 70, allows a period of thirty days to elapse during which it has not sought to bargain, any of the employers in the unit of employers determined in the accreditation certificate or any of the employees in the unit or a trade union or council of trade unions affected by the accreditation may, with the consent of the Board, apply for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit and the Board, upon the application, may, upon inquiry, declare that the accredited employers’ organization no longer represents the employers in the bargaining unit.
49(7)Upon an application under subsections (1) to (6), when the employers’ organization informs the Board that it does not desire to continue to represent the employers in the unit of employers, the Board may declare that the employers’ organization no longer represents the employers in the unit.
49(8)Upon the Board making a declaration under subsections (4) to (7) the employers’ organization ceases to be an accredited employers’ organization, and
(a) any collective agreement in operation between the trade union or council of trade unions and the employers’ organization that is binding upon the employers in the unit of employers ceases to operate forthwith,
(b) all rights, duties and obligations under this Act of the employers’ organization revert mutatis mutandis to the individual employers represented by the employers’ organization, and
(c) the trade union or council of trade unions, as the case may be, is entitled to give to any employer in the unit of employers a written notice of its desire to bargain with a view to making a collective agreement, and such notice has the same effect as a notice under section 32.
49(9)The trade union or council of trade unions, as the case may be, and the accredited employers’ organization may for the purposes of this section agree in writing to an extension of the times prescribed in subsection (1), (5) or (6) in which event subsection (1), (5) or (6) applies from the elapse of the extended time.
49(10)An application under subsection (5) or (6) by a trade union or council of trade unions does not affect any obligation of the trade union or council of trade unions to bargain collectively under the provisions of this Act, but the Board, pending disposition of the application or on disposition, may extend any time limits applicable to collective bargaining under this Act as the circumstances may require.
1971, c.9, s.50