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

Act current to 2013-05-20 and last amended on 2013-01-01. Previous Versions

Marginal note:Application for order to serve notice to bargain

  • 54. (1) 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 of the change, apply to the Board, within thirty days after the date on which it receives the notice, for an order granting leave to serve on the employer a notice to commence collective bargaining for the purpose of

    • (a) revising the existing provisions of the collective agreement by which they are bound that relate to terms and conditions or security of employment; or

    • (b) including new provisions in the collective agreement that relate to terms and conditions or security of employment.

  • Marginal note:Order to serve notice to bargain

    (2) Where the Board has received from a bargaining agent an application for an order under subsection (1), and it is satisfied that the technological change in respect of which the bargaining agent has received notice given pursuant to section 52 is likely, substantially and adversely, to affect the terms and conditions or security of employment of a significant number of employees to whom the collective agreement between the bargaining agent and the employer applies, the Board may, by order, grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining for the purpose referred to in subsection (1).

  • R.S., c. L-1, s. 152;
  • 1972, c. 18, s. 1.
Marginal note:Conditions precedent to technological change

55. 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 which the application is made until

  • (a) the Board has made an order refusing to grant leave to the bargaining agent to serve on the employer a notice to commence collective bargaining; or

  • (b) the Board has made an order granting leave to the bargaining agent to serve on the employer a notice to commence collective bargaining and

    • (i) an agreement has been reached as a result of collective bargaining, or

    • (ii) the requirements of paragraphs 89(1)(a) to (d) have been met.

  • R.S., c. L-1, s. 153;
  • 1972, c. 18, s. 1.

Content and Interpretation of Collective Agreements

Marginal note:Effect of collective agreement

56. 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 employee in the bargaining unit and the employer.

  • R.S., c. L-1, s. 154;
  • 1972, c. 18, s. 1.
Marginal note:Provision for final settlement without stoppage of work

  • 57. (1) 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 collective agreement, concerning its interpretation, application, administration or alleged contravention.

  • Marginal note:Where arbitrator to be appointed

    (2) Where any difference arises between parties to a collective agreement that does not contain a provision for final settlement of the difference as required by subsection (1), the difference shall, notwithstanding any provision of the collective agreement, be submitted by the parties for final settlement

    • (a) to an arbitrator selected by the parties; or

    • (b) where the parties are unable to agree on the selection of an arbitrator and either party makes a written request to the Minister to appoint an arbitrator, to an arbitrator appointed by the Minister after such inquiry, if any, as the Minister considers necessary.

  • Marginal note:Idem

    (3) Where any difference arises between parties to a collective agreement that contains a provision for final settlement of the difference by an arbitration board and either party fails to name its nominee to the board in accordance with the collective agreement, the difference shall, notwithstanding any provision in the collective agreement, be submitted by the parties for final settlement to an arbitrator in accordance with paragraphs (2)(a) and (b).

  • Marginal note:Request to Minister for appointment of arbitrator or arbitration board chairperson

    (4) Where a collective agreement provides for final settlement, without stoppage of work, of differences described in subsection (1) by an arbitrator or arbitration board and the parties or their nominees are unable to agree on the selection of an arbitrator or arbitration board chairperson, as the case may be, either party or its nominee may, notwithstanding anything in the collective agreement, make a written request to the Minister to appoint an arbitrator or arbitration board chairperson, as the case may be.

  • Marginal note:Appointment by Minister

    (5) On receipt of a written request under subsection (4), the Minister shall, after such inquiry, if any, as the Minister considers necessary, appoint an arbitrator or arbitration board chairperson, as the case may be.

  • Marginal note:Effect of appointment by Minister

    (6) Any person appointed or selected pursuant to subsection (2), (3) or (5) as an arbitrator or arbitration board chairperson shall be deemed, for all purposes of this Part, to have been appointed pursuant to the collective agreement between the parties.

  • R.S., 1985, c. L-2, s. 57;
  • 1998, c. 26, s. 59(E).