Vote on employer’s offer
77.1(1)Subject to subsection (6), at any time after a deadlock has been declared, the employer may request that a vote of the employees in the relevant bargaining unit be conducted as to the acceptance or rejection of the most recent offer presented by the employer to the bargaining agent for the relevant bargaining unit in respect of all matters remaining in dispute between the parties.
77.1(2)A request referred to in subsection (1) shall be made in writing to the Board.
77.1(3)As soon as is practicable after receipt of a request referred to in subsection (1), the Board shall conduct a vote of the employees in the relevant bargaining unit who have not during the dispute found permanent employment elsewhere on the acceptance or rejection of the offer.
77.1(4)A vote conducted under this section shall be by secret ballot and may be by mail or ballot boxes or partly by mail or partly by ballot boxes.
77.1(5)Where a majority of the employees who vote under this section vote in favour of accepting the offer, the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer.
77.1(6)A request that a vote be conducted under this section shall not be made
(a)
more than once during each dispute,
(b)
in relation to differences between the parties that have been submitted to binding arbitration in accordance with section 64.1, or
(c)
where, in accordance with section 73, each party informs the Board that it is willing to submit the dispute to binding arbitration.
77.1(7)The cost of conducting a vote under this section shall be paid by the employer.
77.1(8)A request that a vote be conducted, or the conducting of a vote, under this section does not abridge or extend any time limits or periods provided for in this Act.
77.1(9)The Board shall determine any question that arises under this section, including any question relating to the conduct of a vote or the determination of its result.
1994, c.41, s.1; 1994, c.52, s.5