Acts and Regulations

I-4 - Industrial Relations Act

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Sale of employers’ business
60(1)In this section
“business” includes a part or parts thereof;(entreprise)
“sells” includes leases, transfers and any other manner of disposition, and “sold” and “sale” have corresponding meanings.(vend)
60(2)Where an employer who is bound by or is a party to a collective agreement with a trade union or council of trade unions sells his business, the person to whom the business has been sold is, until the Board otherwise declares, bound by the collective agreement as if he had been a party thereto and, where an employer sells his business while an application for certification or termination of bargaining rights to which he is a party is before the Board, the person to whom the business has been sold is, until the Board otherwise declares, the employer for the purposes of the application as if he were named as the employer in the application.
60(3)Where an employer on behalf of whose employees a trade union or council of trade unions, as the case may be, has been certified as bargaining agent or has given or is entitled to give notice under section 32, sells his business, the trade union or council of trade unions continues, until the Board otherwise declares, to be the bargaining agent for the employees of the person to whom the business was sold in the like bargaining unit in that business, and the trade union or council of trade unions is entitled to give to the person to whom the business was sold 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.
60(4)Where a business was sold to a person and a trade union or council of trade unions was the bargaining agent of any of the employees in such business, or a trade union or council of trade unions is the bargaining agent of the employees in any business carried on by the person to whom the business was sold, and
(a) any question arises as to what constitutes the like bargaining unit referred to in subsection (3), or
(b) any person, trade union or council of trade unions claims that, by virtue of the operation of subsection (2) or (3), a conflict exists between the bargaining rights of the trade union or council of trade unions that represented the employees of the predecessor employer and the trade union or council of trade unions that represents the employees of the person to whom the business was sold, or between collective agreements,
the Board may, upon the application of any person, trade union or council of trade unions concerned,
(c) define the composition of the like bargaining unit referred to in subsection (3) with such modification, if any, as the Board deems necessary,
(d) amend, to such extent as the Board deems necessary, any bargaining unit in any certificate issued to any trade union or any bargaining unit defined in any collective agreement, and
(e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate.
60(5)The Board may, upon the application of any person, trade union or council of trade unions concerned, made within ninety days after the successor employer referred to in subsection (2) becomes bound by the collective agreement, or within ninety days after the trade union or council of trade unions has given a notice under subsection (3), terminate the bargaining rights of the trade union or council of trade unions bound by the collective agreement or that has given notice, as the case may be, if, in the opinion of the Board, the person to whom the business was sold has changed its character so that it is substantially different from the business of the predecessor employer.
60(6)Notwithstanding subsections (2) and (3), where a business was sold to a person who carries on one or more other businesses and a trade union or council of trade unions is the bargaining agent of the employees in any of the businesses and such person intermingles the employees of one of the businesses with those of another of the businesses, the Board may, upon the application of any person, trade union or council of trade unions concerned,
(a) declare that the person to whom the business was sold is no longer bound by the collective agreement referred to in subsection (2),
(b) determine whether the employees concerned constitute one or more appropriate bargaining units,
(c) declare which trade union, trade unions or council of trade unions, if any, shall be the bargaining agent or agents for the employees in such unit or units,
(d) amend, to such extent as the Board deems necessary, any certification issued to any trade union or any bargaining unit defined in any collective agreement, and
(e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate.
60(7)Where a trade union or council of trade unions is declared to be the bargaining agent under subsection (6) and it is not already bound by a collective agreement with the successor employer with respect to the employees for whom it is declared to be the bargaining agent, it is entitled to give to the employer 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.
60(8)Before disposing of any application under this section, the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary, or take or supervise the taking of such votes as it deems necessary, and the Board may prescribe the nature of the evidence to be furnished to the Board.
60(9)Where an application is made under this section, an employer is not required, notwithstanding that a notice has been given by a trade union or council of trade unions, to bargain with that trade union or council of trade unions concerning the employees to whom the application relates until the Board has disposed of the application and has declared which trade union or council of trade unions, if any, has the right to bargain with the employer on behalf of the employees concerned in the application.
60(10)For the purposes of sections 10, 11, 23, 24, 30 and 42, a notice given by a trade union or council of trade unions under subsection (3) or a declaration made by the Board under subsection (6) has the same effect as a certification under section 14.
60(11)When under the Local Governance Act or any other Act two or more local governments are amalgamated, the employees of those local governments shall be deemed to have been intermingled, and in such case or when, as a result of the decrease of the territorial limits of one local government related to an annexation to another local government, there is an intermingling of one or more employees of one local government with the employees of the other,
(a) the Board may exercise the like powers as it may exercise under subsections (6) and (8) with respect to the sale of a business under this section,
(b) the new or enlarged local government has the like rights and obligations as a person to whom a business is sold under this section and who intermingles the employees of one of his businesses with those of another of his businesses, and
(c) any trade union or council of trade unions concerned has the like rights and obligations as it would have in the case of the intermingling of employees in two or more businesses under this section.
60(12)Subject to subsection (11), when under the Local Governance Act or any other Act a village or town is incorporated as a town or city, as the case may be, or the territorial limits of a local government are enlarged by an annexation or decreased, the local government created by the incorporation, annexation or decrease in territorial limits is, for the purposes of this Act, the same person as the local government that existed before the incorporation, annexation or decrease in territorial limits.
60(13)Where, on any application under this section or in any other proceeding before the Board, a question arises as to whether a business has been sold by one employer to another, the Board shall determine the question and its decision thereon is final and conclusive for the purposes of this Act.
60(14)This section does not apply in respect of the sale of business before April 1, 1972, and, where a question arises as to whether a business has been sold by one employer to another for purposes of the application of this subsection, the Board shall determine the question and its decision thereon is final and conclusive.
60(15)Repealed: 2017, c.20, s.82
1971, c.9, s.61; 1998, c.E-1.111, s.46; 2005, c.7, s.35; 2017, c.20, s.82
Sale of employers’ business
60(1)In this section
“business” includes a part or parts thereof;(entreprise)
“sells” includes leases, transfers and any other manner of disposition, and “sold” and “sale” have corresponding meanings.(vend)
60(2)Where an employer who is bound by or is a party to a collective agreement with a trade union or council of trade unions sells his business, the person to whom the business has been sold is, until the Board otherwise declares, bound by the collective agreement as if he had been a party thereto and, where an employer sells his business while an application for certification or termination of bargaining rights to which he is a party is before the Board, the person to whom the business has been sold is, until the Board otherwise declares, the employer for the purposes of the application as if he were named as the employer in the application.
60(3)Where an employer on behalf of whose employees a trade union or council of trade unions, as the case may be, has been certified as bargaining agent or has given or is entitled to give notice under section 32, sells his business, the trade union or council of trade unions continues, until the Board otherwise declares, to be the bargaining agent for the employees of the person to whom the business was sold in the like bargaining unit in that business, and the trade union or council of trade unions is entitled to give to the person to whom the business was sold 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.
60(4)Where a business was sold to a person and a trade union or council of trade unions was the bargaining agent of any of the employees in such business, or a trade union or council of trade unions is the bargaining agent of the employees in any business carried on by the person to whom the business was sold, and
(a) any question arises as to what constitutes the like bargaining unit referred to in subsection (3), or
(b) any person, trade union or council of trade unions claims that, by virtue of the operation of subsection (2) or (3), a conflict exists between the bargaining rights of the trade union or council of trade unions that represented the employees of the predecessor employer and the trade union or council of trade unions that represents the employees of the person to whom the business was sold, or between collective agreements,
the Board may, upon the application of any person, trade union or council of trade unions concerned,
(c) define the composition of the like bargaining unit referred to in subsection (3) with such modification, if any, as the Board deems necessary,
(d) amend, to such extent as the Board deems necessary, any bargaining unit in any certificate issued to any trade union or any bargaining unit defined in any collective agreement, and
(e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate.
60(5)The Board may, upon the application of any person, trade union or council of trade unions concerned, made within ninety days after the successor employer referred to in subsection (2) becomes bound by the collective agreement, or within ninety days after the trade union or council of trade unions has given a notice under subsection (3), terminate the bargaining rights of the trade union or council of trade unions bound by the collective agreement or that has given notice, as the case may be, if, in the opinion of the Board, the person to whom the business was sold has changed its character so that it is substantially different from the business of the predecessor employer.
60(6)Notwithstanding subsections (2) and (3), where a business was sold to a person who carries on one or more other businesses and a trade union or council of trade unions is the bargaining agent of the employees in any of the businesses and such person intermingles the employees of one of the businesses with those of another of the businesses, the Board may, upon the application of any person, trade union or council of trade unions concerned,
(a) declare that the person to whom the business was sold is no longer bound by the collective agreement referred to in subsection (2),
(b) determine whether the employees concerned constitute one or more appropriate bargaining units,
(c) declare which trade union, trade unions or council of trade unions, if any, shall be the bargaining agent or agents for the employees in such unit or units,
(d) amend, to such extent as the Board deems necessary, any certification issued to any trade union or any bargaining unit defined in any collective agreement, and
(e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate.
60(7)Where a trade union or council of trade unions is declared to be the bargaining agent under subsection (6) and it is not already bound by a collective agreement with the successor employer with respect to the employees for whom it is declared to be the bargaining agent, it is entitled to give to the employer 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.
60(8)Before disposing of any application under this section, the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary, or take or supervise the taking of such votes as it deems necessary, and the Board may prescribe the nature of the evidence to be furnished to the Board.
60(9)Where an application is made under this section, an employer is not required, notwithstanding that a notice has been given by a trade union or council of trade unions, to bargain with that trade union or council of trade unions concerning the employees to whom the application relates until the Board has disposed of the application and has declared which trade union or council of trade unions, if any, has the right to bargain with the employer on behalf of the employees concerned in the application.
60(10)For the purposes of sections 10, 11, 23, 24, 30 and 42, a notice given by a trade union or council of trade unions under subsection (3) or a declaration made by the Board under subsection (6) has the same effect as a certification under section 14.
60(11)Where under the Municipalities Act or any other Act two or more municipalities are amalgamated, the employees of such municipalities shall be deemed to have been intermingled, and in such case or where, as a result of the decrement of one municipality related to an annexation to another municipality, there is an intermingling of one or more employees of one municipality with the employees of the other,
(a) the Board may exercise the like powers as it may exercise under subsections (6) and (8) with respect to the sale of a business under this section,
(b) the new or enlarged municipality has the like rights and obligations as a person to whom a business is sold under this section and who intermingles the employees of one of his businesses with those of another of his businesses, and
(c) any trade union or council of trade unions concerned has the like rights and obligations as it would have in the case of the intermingling of employees in two or more businesses under this section.
60(12)Subject to subsection (11), where under the Municipalities Act or any other Act a village or town is incorporated as a town or city, as the case may be, or the boundaries of a municipality are enlarged by an annexation or decreased by a decrement, the municipality created by such incorporation, annexation or decrement is for the purposes of this Act the same person as the municipality that existed before such incorporation, annexation or decrement.
60(13)Where, on any application under this section or in any other proceeding before the Board, a question arises as to whether a business has been sold by one employer to another, the Board shall determine the question and its decision thereon is final and conclusive for the purposes of this Act.
60(14)This section does not apply in respect of the sale of business before April 1, 1972, and, where a question arises as to whether a business has been sold by one employer to another for purposes of the application of this subsection, the Board shall determine the question and its decision thereon is final and conclusive.
60(15)Subsections (11) and (12) apply with the necessary modifications to a rural community.
1971, c.9, s.61; 1998, c.E-1.111, s.46; 2005, c.7, s.35
Sale of employers’ business
60(1)In this section
“business” includes a part or parts thereof;
“sells” includes leases, transfers and any other manner of disposition, and “sold” and “sale” have corresponding meanings.
60(2)Where an employer who is bound by or is a party to a collective agreement with a trade union or council of trade unions sells his business, the person to whom the business has been sold is, until the Board otherwise declares, bound by the collective agreement as if he had been a party thereto and, where an employer sells his business while an application for certification or termination of bargaining rights to which he is a party is before the Board, the person to whom the business has been sold is, until the Board otherwise declares, the employer for the purposes of the application as if he were named as the employer in the application.
60(3)Where an employer on behalf of whose employees a trade union or council of trade unions, as the case may be, has been certified as bargaining agent or has given or is entitled to give notice under section 32, sells his business, the trade union or council of trade unions continues, until the Board otherwise declares, to be the bargaining agent for the employees of the person to whom the business was sold in the like bargaining unit in that business, and the trade union or council of trade unions is entitled to give to the person to whom the business was sold 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.
60(4)Where a business was sold to a person and a trade union or council of trade unions was the bargaining agent of any of the employees in such business, or a trade union or council of trade unions is the bargaining agent of the employees in any business carried on by the person to whom the business was sold, and
(a) any question arises as to what constitutes the like bargaining unit referred to in subsection (3), or
(b) any person, trade union or council of trade unions claims that, by virtue of the operation of subsection (2) or (3), a conflict exists between the bargaining rights of the trade union or council of trade unions that represented the employees of the predecessor employer and the trade union or council of trade unions that represents the employees of the person to whom the business was sold, or between collective agreements,
the Board may, upon the application of any person, trade union or council of trade unions concerned,
(c) define the composition of the like bargaining unit referred to in subsection (3) with such modification, if any, as the Board deems necessary,
(d) amend, to such extent as the Board deems necessary, any bargaining unit in any certificate issued to any trade union or any bargaining unit defined in any collective agreement, and
(e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate.
60(5)The Board may, upon the application of any person, trade union or council of trade unions concerned, made within ninety days after the successor employer referred to in subsection (2) becomes bound by the collective agreement, or within ninety days after the trade union or council of trade unions has given a notice under subsection (3), terminate the bargaining rights of the trade union or council of trade unions bound by the collective agreement or that has given notice, as the case may be, if, in the opinion of the Board, the person to whom the business was sold has changed its character so that it is substantially different from the business of the predecessor employer.
60(6)Notwithstanding subsections (2) and (3), where a business was sold to a person who carries on one or more other businesses and a trade union or council of trade unions is the bargaining agent of the employees in any of the businesses and such person intermingles the employees of one of the businesses with those of another of the businesses, the Board may, upon the application of any person, trade union or council of trade unions concerned,
(a) declare that the person to whom the business was sold is no longer bound by the collective agreement referred to in subsection (2),
(b) determine whether the employees concerned constitute one or more appropriate bargaining units,
(c) declare which trade union, trade unions or council of trade unions, if any, shall be the bargaining agent or agents for the employees in such unit or units,
(d) amend, to such extent as the Board deems necessary, any certification issued to any trade union or any bargaining unit defined in any collective agreement, and
(e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate.
60(7)Where a trade union or council of trade unions is declared to be the bargaining agent under subsection (6) and it is not already bound by a collective agreement with the successor employer with respect to the employees for whom it is declared to be the bargaining agent, it is entitled to give to the employer 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.
60(8)Before disposing of any application under this section, the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary, or take or supervise the taking of such votes as it deems necessary, and the Board may prescribe the nature of the evidence to be furnished to the Board.
60(9)Where an application is made under this section, an employer is not required, notwithstanding that a notice has been given by a trade union or council of trade unions, to bargain with that trade union or council of trade unions concerning the employees to whom the application relates until the Board has disposed of the application and has declared which trade union or council of trade unions, if any, has the right to bargain with the employer on behalf of the employees concerned in the application.
60(10)For the purposes of sections 10, 11, 23, 24, 30 and 42, a notice given by a trade union or council of trade unions under subsection (3) or a declaration made by the Board under subsection (6) has the same effect as a certification under section 14.
60(11)Where under the Municipalities Act or any other Act two or more municipalities are amalgamated, the employees of such municipalities shall be deemed to have been intermingled, and in such case or where, as a result of the decrement of one municipality related to an annexation to another municipality, there is an intermingling of one or more employees of one municipality with the employees of the other,
(a) the Board may exercise the like powers as it may exercise under subsections (6) and (8) with respect to the sale of a business under this section,
(b) the new or enlarged municipality has the like rights and obligations as a person to whom a business is sold under this section and who intermingles the employees of one of his businesses with those of another of his businesses, and
(c) any trade union or council of trade unions concerned has the like rights and obligations as it would have in the case of the intermingling of employees in two or more businesses under this section.
60(12)Subject to subsection (11), where under the Municipalities Act or any other Act a village or town is incorporated as a town or city, as the case may be, or the boundaries of a municipality are enlarged by an annexation or decreased by a decrement, the municipality created by such incorporation, annexation or decrement is for the purposes of this Act the same person as the municipality that existed before such incorporation, annexation or decrement.
60(13)Where, on any application under this section or in any other proceeding before the Board, a question arises as to whether a business has been sold by one employer to another, the Board shall determine the question and its decision thereon is final and conclusive for the purposes of this Act.
60(14)This section does not apply in respect of the sale of business before April 1, 1972, and, where a question arises as to whether a business has been sold by one employer to another for purposes of the application of this subsection, the Board shall determine the question and its decision thereon is final and conclusive.
60(15)Subsections (11) and (12) apply with the necessary modifications to a rural community.
1971, c.9, s.61; 1998, c.E-1.111, s.46; 2005, c.7, s.35