Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Filing of Board’s orders in Federal Court

• 23. (1) The Board shall, on the request in writing of any person or organization affected by any order or decision of the Board, file a copy of the order or decision, exclusive of the reasons therefor, in the Federal Court, unless, in the opinion of the Board,

  • (a) there is no indication of failure or likelihood of failure to comply with the order or decision; or

  • (b) there is other good reason why the filing of the order or decision in the Federal Court would serve no useful purpose.

• Marginal note:Registration of order and proceedings thereon

  (2) Where the Board files a copy of any order or decision in the Federal Court pursuant to subsection (1), it shall specify in writing to the Court that the copy of the order or decision is filed pursuant to that subsection and, where the Board so specifies, the copy of the order or decision shall be accepted for filing by, and registered in, the Court without further application or other proceeding.

• Marginal note:Effect of registration of order or decision

  (3) When a copy of any order or decision of the Board is registered pursuant to subsection (2), the order or decision has the same force and effect as a judgment obtained in the Federal Court and, subject to this section and the Federal Courts Act, all proceedings may be taken thereon by any person or organization affected thereby as if the order or decision were a judgment of that Court.

Marginal note:Filing of orders in provincial superior court

23.1 The Board may, on application by a person or organization affected by an order or decision of the Board, file a copy of the order or decision, exclusive of the reasons for it, in the superior court of a province. Section 23 applies, with the modifications that the circumstances require, to an order or decision filed in such a superior court.

Marginal note:Application for certification

• 24. (1) 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 regulations made by the Board under paragraph 15(e), apply to the Board for certification as the bargaining agent for the unit.

• Marginal note:Time of application

  (2) Subject to subsection (3), an application by a trade union for certification as the bargaining agent for a unit may be made

  • (a) where no collective agreement applicable to the unit is in force and no trade union has been certified under this Part as the bargaining agent for the unit, at any time;

  • (b) where no collective agreement applicable to the unit is in force but a trade union has been certified under this Part as the bargaining agent for the unit, after the expiration of twelve months from the date of that certification or, with the consent of the Board, at any earlier time;

  • (c) where a collective agreement applicable to the unit is in force and is for a term of not more than three years, only after the commencement of the last three months of its operation; and

  • (d) where a collective agreement applicable to the unit is in force and is for a term of more than three years, only after the commencement of the thirty-fourth month of its operation and before the commencement of the thirty-seventh month of its operation and, thereafter, only

    • (i) during the three month period immediately preceding the end of each year that the collective agreement continues to operate after the third year of its operation, and

    • (ii) after the commencement of the last three months of its operation.

• Marginal note:No application during strike or lockout

  (3) An application for certification under subsection (2) in respect of a unit must not, except with the consent of the Board, be made during a strike or lockout that is not prohibited by this Part and that involves employees in the unit.

• Marginal note:Terms or conditions of employment not to be changed

  (4) Where an application by a trade union for certification as the bargaining agent for a unit is made in accordance with this section, no employer of employees in the unit shall, after notification that the application has been made, alter the rates of pay, any other term or condition of employment or any right or privilege of such employees until

  • (a) the application has been withdrawn by the trade union or dismissed by the Board, or

  • (b) thirty days have elapsed after the day on which the Board certifies the trade union as the bargaining agent for the unit,

  except pursuant to a collective agreement or with the consent of the Board.