Acts and Regulations

I-4 - Industrial Relations Act

Section 94
Disposition versions

Full text
Strike votes
94(1)Notwithstanding anything in this Act, no employee shall strike until after a vote
(a) has been taken by the trade union or council of trade unions of the employees in the bargaining unit affected as to whether to strike or not to strike and the majority of such employees, as determined in this section, have voted in favour of a strike, or
(b) has been taken by the trade union or council of trade unions affected as to whether to strike or not to strike and a majority of the members affected have voted in favour of a strike and such majority in favour of a strike includes a majority of the employees in the bargaining unit.
94(2)A vote taken under subsection (1) shall be taken by secret ballot cast in such a manner that a person expressing his choice cannot be identified with the choice expressed and the vote shall be conducted in such manner, whether by mail or otherwise, that those entitled to vote have ample opportunity to cast their ballots.
94(3)For the purposes of paragraph (1)(a), no employee in the unit shall be counted as an employee unless he has been employed by the employer within the period of the three calendar months preceding the taking of such vote and, where the vote is taken on a working day otherwise than by mail, an employee who is absent from work on the day of the vote and who does not cast his ballot shall not be counted as an employee in determining the number of employees for the purposes of the paragraph.
94(4)Where a dispute arises with respect to subsection (1), (2) or (3), the vote may be continued or discontinued subject to reference of the dispute to the Board.
94(5)The Board on a reference under subsection (4) may revise the returns on the vote, or set aside the vote, or order a new vote, or make such other disposition as the circumstances require and the decision of the Board is final and binding on all parties.
94(6)The result of a vote when in favour of strike action does not bind a bargaining agent, a trade union, or an employee to that course of action, but no employee shall strike where a majority of the employees eligible to vote in the unit have voted against strike action.
1971, c.9, s.95
Strike votes
94(1)Notwithstanding anything in this Act, no employee shall strike until after a vote
(a) has been taken by the trade union or council of trade unions of the employees in the bargaining unit affected as to whether to strike or not to strike and the majority of such employees, as determined in this section, have voted in favour of a strike, or
(b) has been taken by the trade union or council of trade unions affected as to whether to strike or not to strike and a majority of the members affected have voted in favour of a strike and such majority in favour of a strike includes a majority of the employees in the bargaining unit.
94(2)A vote taken under subsection (1) shall be taken by secret ballot cast in such a manner that a person expressing his choice cannot be identified with the choice expressed and the vote shall be conducted in such manner, whether by mail or otherwise, that those entitled to vote have ample opportunity to cast their ballots.
94(3)For the purposes of paragraph (1)(a), no employee in the unit shall be counted as an employee unless he has been employed by the employer within the period of the three calendar months preceding the taking of such vote and, where the vote is taken on a working day otherwise than by mail, an employee who is absent from work on the day of the vote and who does not cast his ballot shall not be counted as an employee in determining the number of employees for the purposes of the paragraph.
94(4)Where a dispute arises with respect to subsection (1), (2) or (3), the vote may be continued or discontinued subject to reference of the dispute to the Board.
94(5)The Board on a reference under subsection (4) may revise the returns on the vote, or set aside the vote, or order a new vote, or make such other disposition as the circumstances require and the decision of the Board is final and binding on all parties.
94(6)The result of a vote when in favour of strike action does not bind a bargaining agent, a trade union, or an employee to that course of action, but no employee shall strike where a majority of the employees eligible to vote in the unit have voted against strike action.
1971, c.9, s.95