Acts and Regulations

I-4 - Industrial Relations Act

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Deemed provisions of collective agreements
57(1)Where a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate.
57(2)Where a collective agreement, or an arbitration award made under section 79 or 80, or a conciliation board award made under section 69, does not specify a commencement date, the agreement or award shall be deemed to commence on the first day of the month next following the month in which the agreement is executed or the award is made, as the case may be, and a collective agreement incorporating any such award shall be deemed to commence on the date of the commencement of the award.
57(3)Notwithstanding subsection (2), the parties may, before or after a collective agreement has ceased to operate, agree to continue its operation or any of its provisions for a period of less than one year while they are bargaining for its renewal or revision or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit.
57(4)Where a collective agreement is for a term longer than one year, the agreement shall contain or be deemed to contain a provision for the termination of the agreement
(a) at any time after the first year, by consent of the parties to the agreement, or
(b) at the end of the final year of the term of the agreement, by not less than two months’ notice given in writing by either party to the agreement before the end of the final year of the term of the agreement.
57(5)Subject to subsection (4), a collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or before it may be terminated under the provisions of this Act without the consent of the Board on the joint application of the parties.
57(6)Notwithstanding anything in this section, where an employer joins an employers’ organization, other than an accredited employers’ organization, that is a party to a collective agreement with a trade union or council of trade unions and he agrees with the trade union or council of trade unions to be bound by the collective agreement between the trade union or council of trade unions and the employers’ organization, the agreement ceases to be binding upon the employer and the trade union or council of trade unions at the same time as the agreement between the employers’ organization and the trade union or council of trade unions ceases to be binding.
57(7)Nothing in this section prevents the revision by consent of the parties at any time of any provision of a collective agreement other than a provision relating to the term of operation.
1971, c.9, s.58