Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 23 — Filing in Federal Court
The Board shall, on the request in writing of any person or organization affected by any order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of…
Section 23.1 — Filing in provincial superior court
The Board may, on application by a person or organization affected by an order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the…
Section 24 — Application for certification
A trade union seeking to be certified as the bargaining agent for a unit that the trade union considers constitutes a unit appropriate for collective bargaining may, subject to this section and any…
Section 24.1 — Exception
A trade union that is not certified but has entered into a collective agreement the term of which has not expired may, despite paragraphs 24(2)(c) and (d), make an application for certification at…
Section 25 — Where certification prohibited
Notwithstanding anything in this Part, where the Board is satisfied that a trade union is so dominated or influenced by an employer that the fitness of the trade union to represent employees of the…
Section 26 — Where certification prohibited
The Board shall not certify a trade union as, and a trade union shall not act as, the bargaining agent for both a bargaining unit comprised of private constables and a bargaining unit comprised of…
Section 27 — Determination of appropriate unit
Where a trade union applies under section 24 for certification as the bargaining agent for a unit that the trade union considers appropriate for collective bargaining, the Board shall determine the…
Section 28 — Duty to certify trade union
The Board shall, subject to this Part, certify a trade union as the bargaining agent for a bargaining unit if the Board has received from the trade union an application for certification as the…
Section 29 — Representation vote
The Board may, in any case, for the purpose of satisfying itself as to whether employees in a unit wish to have a particular trade union represent them as their bargaining agent, order that a…
Section 30 — Conduct of vote
Where the Board orders that a representation vote be taken among employees in a unit, the Board shall determine the employees that are eligible to vote; and make such arrangements and give such…
Section 31 — Result of representation vote
Subject to subsection (2), the Board shall determine the result of a representation vote on the basis of the ballots cast by the majority of employees voting. Where, on considering the result of a…
Section 32 — Council of trade unions
Where two or more trade unions have formed a council of trade unions, the council so formed may apply to the Board for certification as the bargaining agent for a unit in the same manner as a trade…
Section 33 — Designation of employers’ organization
Where a trade union applies for certification as the bargaining agent for a unit comprised of employees of two or more employers who have formed an employers’ organization, the Board may designate…
Section 34 — Certification in long-shoring and other industries
Where employees are employed in the long-shoring industry, or such other industry in such geographic area as may be designated by regulation of the Governor in Council on the recommendation of the…
Section 35 — Board may declare single employer
Where, on application by an affected trade union or employer, associated or related federal works, undertakings or businesses are, in the opinion of the Board, operated by two or more employers…
Section 36 — Effect of certification
Where a trade union is certified as the bargaining agent for a bargaining unit, the trade union so certified has exclusive authority to bargain collectively on behalf of the employees in the…
Section 36.1 — Just cause requirement
During the period that begins on the date of certification and ends on the date on which a first collective agreement is entered into, the employer must not dismiss or discipline an employee in the…
Section 37 — Duty of fair representation
A trade union or representative of a trade union that is the bargaining agent for a bargaining unit shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation…
Section 38 — Application for revocation of certification
If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent a majority of the employees in the bargaining unit may, subject to subsection…
Section 39 — Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit
If, on receipt of an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, and after any inquiry by way of a representation vote or…
Section 40 — Application where fraud
Where a trade union has been certified as the bargaining agent for a bargaining unit, any employee in the bargaining unit, the employer of the employees in the bargaining unit, or any trade union…
Section 41 — Application for revocation of certification of a council of trade unions
Where a council of trade unions has been certified as the bargaining agent for a bargaining unit, in addition to any circumstances in which an application for revocation of the certification of the…
Section 42 — Effect of revocation or declaration
Where the Board makes an order under section 39, subsection 40(2) or section 41 revoking the certification of a trade union or council of trade unions, or declaring that a trade union is not entitled…
Section 43 — Mergers, etc., of trade unions
Where, by reason of a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions, a trade union succeeds another trade union that, at the time of the merger, amalgamation…
Section 44 — Definitions
In this section and sections 45 to 47.1, business means any federal work, undertaking or business and any part thereof; ( entreprise ) provincial business means a work, undertaking or business, or…
Section 45 — Review of bargaining units
In the case of a sale or change of activity referred to in section 44, the Board may, on application by the employer or any trade union affected, determine whether the employees affected constitute…
Section 46 — Board to determine questions
The Board shall determine any question that arises under section 44, including a question as to whether or not a business has been sold or there has been a change of activity of a business, or as to…
Section 47 — Where portion as federal business
Where the name of any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act is deleted and that portion of the federal…
Section 47.1 — Where notice to bargain collectively given prior to deletion
Where, before the deletion or severance referred to in subsection 47(1), notice to bargain collectively has been given in respect of a collective agreement or arbitral award binding on employees of a…
Section 47.2 — Order
The Governor in Council may, by order, exclude from the operation of sections 47 and 47.1 any portion of the federal public administration that is deleted or severed as described in subsection 47(1)…
Section 47.3 — Definition of previous contractor
In this section, previous contractor means an employer who, under the terms of a contract or other arrangement that is no longer in force, provided services at an airport to another employer, or to a…
Section 48 — Notice to bargain to enter into a collective agreement
Where the Board has certified a bargaining agent for a bargaining unit and no collective agreement binding on the employees in the bargaining unit is in force, the bargaining agent may, by notice,…
Section 49 — Notice to bargain to renew or revise a collective agreement or enter a new collective agreement
Either party to a collective agreement may, within the period of four months immediately preceding the date of expiration of the term of the collective agreement, or within the longer period that may…
Section 50 — Duty to bargain and not to change terms and conditions
Where notice to bargain collectively has been given under this Part, the bargaining agent and the employer, without delay, but in any case within twenty days after the notice was given unless the…
Section 51 — Definition of technological change
In this section and sections 52 to 55, technological change means the introduction by an employer into their work, undertaking or business of equipment or material of a different nature or kind than…
Section 52 — Notice of technological change
An employer who is bound by a collective agreement and who proposes to effect a technological change that is likely to affect the terms and conditions or security of employment of a significant…
Section 53 — Application for order respecting technological change
Where a bargaining agent alleges that sections 52, 54 and 55 apply to an employer in respect of an alleged technological change and that the employer has failed to comply with section 52, the…
Section 54 — Application for order to serve notice to bargain
Where a bargaining agent receives notice of a technological change pursuant to section 52, the bargaining agent may, in order to assist the employees affected by the change to adjust to the effects…
Section 55 — Conditions precedent to technological change
Where a bargaining agent applies to the Board for an order under subsection 54(1), the employer in respect of whom the application is made shall not effect the technological change in respect of…
Section 56 — Effect of collective agreement
A collective agreement entered into between a bargaining agent and an employer in respect of a bargaining unit is, subject to and for the purposes of this Part, binding on the bargaining agent, every…
Section 57 — Provision for final settlement without stoppage of work
Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties to or employees bound by the…
Section 58 — Decisions not to be reviewed by court
Every order or decision of an arbitrator or arbitration board is final and shall not be questioned or reviewed in any court. No order shall be made, process entered or proceeding taken in any court,…
Section 59 — Copy to be filed with Minister
A copy of every order or decision of an arbitrator or arbitration board shall be filed with the Minister by the arbitrator or arbitration board chairperson and shall be available to the public in…
Section 60 — Powers of arbitrator, etc.
An arbitrator or arbitration board has the powers conferred on the Board by paragraphs 16(a), (b), (c) and (f.1); the power to interpret, apply and give relief in accordance with a statute relating…
Section 61 — Procedure
An arbitrator or arbitration board shall determine their own procedure, but shall give full opportunity to the parties to the proceeding to present evidence and make submissions to the arbitrator or…
Section 62 — Decision of arbitration board
Where a difference described in subsection 57(1) is submitted to an arbitration board, the decision of a majority of those comprising the board is the decision of the board, but if a majority of…
Section 63 — Arbitration costs, fees and expenses
Where a difference described in subsection 57(1) is submitted by the parties to an arbitrator or arbitration board, the costs, fees and expenses with respect to the arbitration proceedings shall,…
Section 64 — Order or decision within sixty days
Every order or decision of an arbitrator or arbitration board shall be made or given within sixty days after, in the case of an arbitrator, their appointment as arbitrator, and, in the case of an…
Section 65 — Questions may be referred to Board
Where any question arises in connection with a matter that has been referred to an arbitrator or arbitration board, relating to the existence of a collective agreement or the identification of the…
Section 66 — Filing of orders and decisions in Federal Court
Any person or organization affected by any order or decision of an arbitrator or arbitration board may, after fourteen days from the date on which the order or decision is made or given, or from the…