Section 172.1 — Canada Labour Code: Vote
Text of the provision Official document
If a work schedule is established, modified or cancelled under subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request that the Head conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation. If a request is made under subsection (1), the Head must conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation. A request made under subsection (1), the ballots and any other documents relating to the vote are confidential and shall not be given to the employer. The Head must count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer. The Head must inform the employer, by written notice, of the result. If the result of the vote indicates that less than 70% of the affected employees approve the new schedule or its modification or cancellation, the employer must comply with the result of the vote within 30 days after being informed of that result by the Head. The Governor in Council may make regulations respecting the conduct of votes under this section. The Statutory Instruments Act does not apply in respect of the written notice given by the Head to the employer under subsection (5).
Official source: laws-lois.justice.gc.ca
Search case law on this topic
See judgments from Canadian courts and tribunals with a plain-English summary and legal holding.
Explore case law →