Bill C-525

1st Session, 41st Parliament,

60-61-62 Elizabeth II, 2011-2012-2013

house of commons of canada

BILL C-525

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada enacts as follows:

SHORT TITLE

1. This Act may be cited as the Employees' Voting Rights Act.

2. Section 28 of the Canada Labour Code is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) by the following:

(c) is satisfied on the basis of evidence of membership in the trade union that, as of the date of the filing of the application, at least 45% of the employees in the unit wish to have the trade union represent them as their bargaining agent, and

(d) is satisfied on the basis of the results of a secret ballot representation vote ordered under subsection 29(1) that a majority of the employees in the unit have voted to have the trade union represent them as their bargaining agent,

3. (1) Subsection 29(1) of the Act is replaced by the following:

29. (1) The Board shall, for the purpose of satisfying itself as to whether the majority of employees in a unit wish to have a particular trade union represent them as their bargaining agent, order that a secret ballot representation vote be taken among the employees in the unit.

(2) Subsection 29(2) of the Act is repealed.

4. (1) Subsection 38(1) of the Act is replaced by the following:

38. (1) If a trade union has been certified as the bargaining agent for a bargaining unit, any employee who claims to represent at least 45% of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order revoking the certification of that trade union.

(2) Subsection 38(3) of the Act is replaced by the following:

(3) If a collective agreement applicable to a bargaining unit is in force but the bargaining agent that is a party to the collective agreement has not been certified by the Board, any employee who claims to represent at least 45% of the employees in the bargaining unit may, subject to subsection (5), apply to the Board for an order declaring that the bargaining agent is not entitled to represent the employees in the bargaining unit.

5. Subsections 39(1) and (2) of the Act are replaced by the following:

39. If the Board has received an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, and it

(a) is satisfied on the basis of written evidence that, as of the date of the filing of the application, at least 45% of the employees in the bargaining unit no longer wish to have the bargaining agent represent them, and

(b) is satisfied on the basis of the results of a secret ballot representation vote that a majority of the employees in the bargaining unit have not voted in favour of continued representation by the bargaining agent,

the Board shall, by order,

(c) in the case of an application made under subsection 38(1), revoke the certification of the trade union as the bargaining agent for the bargaining unit; or

(d) in the case of an application made under subsection 38(3), declare that the bargaining agent is not entitled to represent the employees in the bargaining unit.

6. Paragraph 25(c) of the Parliamentary Employment and Staff Relations Act is replaced by the following:

(c) is satisfied on the basis of evidence of membership in the employee organization that, as of the date of the filing of the application, at least 45% of the employees in the bargaining unit wish to have the employee organization represent them as their bargaining agent,

(c.1) is satisfied on the basis of the results of a secret ballot representation vote ordered under subsection 26(2) that a majority of the employees in the bargaining unit have voted to have the employee organization represent them as their bargaining agent, and

7. (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:

26. (1) For the purpose of enabling the Board to discharge any obligation imposed by section 25 to satisfy itself as to the matters described in paragraphs (c), (c.1) and (d) of that section, the Board may

(2) Subsection 26(2) of the Act is replaced by the following:

(2) For the purpose of satisfying itself under paragraph 25(c.1) that a majority of employees in the bargaining unit wish the employee organization to represent them as their bargaining agent, the Board shall direct that a secret ballot representation vote be taken among the employees in the bargaining unit.

8. (1) Subsection 29(1) of the Act is replaced by the following:

29. (1) If a collective agreement or an arbitral award is in force in respect of a bargaining unit, any person claiming to represent at least 45% of the employees in the bargaining unit may, in accordance with subsection (2), apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees therein.

(2) Subsections 29(3) to (5) of the Act are replaced by the following:

(3) If no collective agreement or arbitral award is in force in respect of a bargaining unit, any person claiming to represent at least 45% of the employees in the bargaining unit may, at any time after the expiration of twelve months from the date of certification of the bargaining agent for that bargaining unit, apply to the Board for a declaration that the employee organization certified as bargaining agent for that bargaining unit no longer represents a majority of the employees therein.

(4) On an application under subsection (1) or (3), if the Board is satisfied on the basis of written evidence that, as of the date of the filing of an application for a declaration made under subsection (1), at least 45% of the employees in the bargaining unit no longer wish to have the employee organization represent them, the Board shall order that a representation vote be taken. The provisions of subsection 26(3) apply in relation to the taking of the vote.

(5) On an application under subsection (1) or (3), if after conducting the representation vote referred to in subsection (4), the Board is satisfied that a majority of the employees in the bargaining unit have not voted in favour of continued representation by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.

9. Paragraph 64(1)(a) of the Public Service Labour Relations Act is replaced by the following:

(a) on the basis of evidence of membership in the employee organization that, as of the date of the filing of the application, at least 45% of the employees in the bargaining unit wish to have the employee organization represent them as their bargaining agent;

(a.1) on the basis of the results of a secret ballot representation vote ordered under subsection 65(1), that a majority of the employees in the bargaining unit have voted to have the employee organization represent them as their bargaining agent;

10. Subsection 65(1) of the Act is replaced by the following:

65. (1) The Board shall order that a secret ballot representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent.

11. Subsection 94(1) of the Act is replaced by the following:

94. (1) Any person claiming to represent at least 45% of the employees in the bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit.

12. Sections 95 and 96 of the Act are replaced by the following:

95. If the Board is satisfied on the basis of written evidence that, as of the date of the filing of an application for a declaration made under subsection 94(1), at least 45% of the employees in the bargaining unit no longer wish to have the employee organization represent them, the Board shall order that a representation vote be taken. The provisions of subsection 65(2) apply in relation to the taking of the vote.

96. If, after conducting the representation vote referred to in section 95, the Board is satisfied that at least 45% of the employees in the bargaining unit have not voted in favour of continued representation by the employee organization, it must revoke the certification of the employee organization as the bargaining agent.