Certification/De-certification Certification

A trade union may apply for certification to be the bargaining agent for an appropriate unit 12(1)

If Collective Agreement in force, 2 years or less - only in last two months - if beyond 2 years in length, during the 23rd and 24th month, and during the two months at the end of each subsequent year 12 (4) and (5)

Where Collective Agreement expired, only after ten months, except with consent of Board 12(7)

Not during strike or lockout without consent of Board 12(8)

The board to determine whether the unit is appropriate for collective bargaining 13(1) and the board may include or exclude employees from that unit 13(2)

Board may conduct a representation vote to determine the wishes of the employees of the unit 13(4)

If the board is satisfied that a majority of the employees are in favour of the union being the bargaining agent, then the union shall be certified 13(5)

Board is not to certify where there is evidence of interference by employer in union formation or affairs 15

Employer, trade union or employee may apply to the board for a revocation of such certification on the ground that the majority of the employees in the unit no longer wish the trade union to act as a bargaining agent on their behalf 20(1)

If the board is satisfied that the majority of the employees in such unit no longer support the union as bargaining agent, the board shall revoke certification 20(2)
Collective Bargaining Rules Either party may give notice to begin collective bargaining with a view to concluding a collective agreement 21

Where notice has been given, the employer shall not, without consent, alter any terms of an employee's employment until right to strike occurs 22, 24

Amendments pending since 1994 to introduce first contract arbitration
Dispute Resolution in Collective Agreements Every collective agreement shall contain a provision for the final and binding settlement by arbitration without stoppage of work all differences between the parties 37(1)

Where no such provision is provided, the collective agreement shall be deemed to contain the provision outlined in section 37(2) 37(2)
Conciliation Where notice to collectively bargain has been given, but has not commenced in time, either party may request for a conciliation officer to be appointed, and the conciliation officer shall endeavour to bring about an agreement and shall fix the time and place of meeting between the parties 25

Conciliation officer shall file a report to the Minister within 10 days of the first meeting 26

Where the conciliation officer fails to bring about a collective agreement, the Minister may appoint a conciliation board for that purpose 27

Within 14 days a conciliation board shall make a report of its findings and recommendations 32(1) and the parties may at any time agree to accept the recommendations of the board whereupon they become binding 33

A mediator may be appointed instead of a conciliation officer, which shall have all the powers of a conciliation board 34
Strike / Lock-out Procedures No strikes or lock-outs during the term of a collective agreement 36(1) and every collective agreement shall be deemed to have such a provision 36(2)

No strikes or lock-outs except as permitted - only 7 days after report of conciliator or mediator filed with the Minister 22(b)(ii)B, 41(1)-(2)

Strikes and lock-outs are permitted only once conciliation and mediation have been completed and exhausted 41(3)

No strike until a majority of the employees in a union vote in favour of such an action 41(4)
Unfair Labour Practices 10(1) Employers shall not:
  • Interfere with or restrain an employee exercising any right under the Act
  • Participate or interfere with the formation of a trade union or other labour organization
  • Suspend, transfer or change the status of an employee or change a term of employment because of union involvement
  • Refuse to employ a person because of union involvement
  • Fail or refuse to bargain collectively
10(2) Trade unions may not:
  • Interfere with the formation, selection or administration of an employer's organization
  • Attempt to persuade employees to join a union during working hours without employers' consent
  • Fail or refuse to collectively bargain
Statutory Tribunal Labour Relations Board

Powers 4
  • Same powers as commissioner under Public Inquiries Act
  • Exclusive jurisdiction
  • Reconsider
  • Make orders, directions, decisions, declarations or rulings