Thursday, January 1, 2009

The nitty-gritty: Section 108 of Canada's labour code

Just in case any readers are wondering exactly which section of the Canada Labour Code was referenced by labour minister Rona Ambrose when she ordered ATU Local 279 to vote on the City's most recent offer, here it is in its entirety:

108.1 (1) Where notice to bargain collectively has been given under this Part, and the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may

(a) on such terms and conditions as the Minister considers appropriate, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held as soon as possible; and

(b) designate the Board, or any other person or body, to be in charge of conducting that vote.

No effect on time limits or periods

(2) A direction under subsection (1) that a vote be held, or the holding of that vote, does not abridge or extend any time limit or period provided for in this Part, including those stipulated in section 89 for the acquisition of the right to lockout or strike.

Consequences of favourable vote

(3) Where the majority of the employees participating in the vote accept the employer’s last offer,

(a) the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer; and

(b) any lockout or strike not prohibited by this Part that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance shall cease forthwith.

Powers respecting vote

(4) The Board or other person or body in charge of conducting the vote shall determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.

1 comment:

Anonymous said...

"The problems of transit in Ottawa will not have a permanent solution until a free market is restored: competition for the consumer dollar is allowed, taxpayer subsidies are ended and employers and individual employees are freed to negotiate contracts void of coercion. It is a huge task to undo the damage of decades and we appear short of leaders willing to even publicly identify the problem, much less face it. Meanwhile, we must not give in to the current strike against the citizens of Ottawa."--by David McGruer,