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

Marginal note:Reconsideration of report

76. After a conciliation commissioner or conciliation board has submitted their report, the Minister may direct the conciliation commissioner or conciliation board to reconsider the report and clarify or amplify any part of it.

Marginal note:Release of report

77. After receiving the report of a conciliation commissioner or conciliation board, the Minister

• (a) immediately releases a copy of the report to the parties to the dispute; and

• (b) may make the report available to the public in a manner that the Minister considers advisable.

Marginal note:Report binding by agreement

78. Where a conciliation commissioner or conciliation board has been appointed or established in respect of a dispute, the parties, at any time before the report of the conciliation commissioner or conciliation board is made, may agree in writing to be bound by the recommendations of the conciliation commissioner or conciliation board and, on their making, shall give effect to those recommendations.

Marginal note:Agreement

• 79. (1) Despite any other provision of this Part, an employer and a bargaining agent may agree in writing, as part of a collective agreement or otherwise, to refer any matter respecting the renewal or revision of a collective agreement or the entering into of a new collective agreement to a person or body for final and binding determination.

• Marginal note:Effect of agreement

  (2) The agreement suspends the right to strike or lockout and constitutes an undertaking to implement the determination.

Marginal note:Minister may refer dispute to Board

• 80. (1) Where an employer or a bargaining agent is required, by notice given under section 48, to commence collective bargaining for the purpose of entering into the first collective agreement between the parties with respect to the bargaining unit for which the bargaining agent has been certified and the requirements of paragraphs 89(1)(a) to (d) have otherwise been met, the Minister may, if the Minister considers it necessary or advisable, at any time thereafter direct the Board to inquire into the dispute and, if the Board considers it advisable, to settle the terms and conditions of the first collective agreement between the parties.

• Marginal note:Board may settle terms and conditions

  (2) The Board shall proceed as directed by the Minister under subsection (1) and, if the Board settles the terms and conditions of a first collective agreement referred to in that subsection, those terms and conditions shall constitute the collective agreement between the parties and shall be binding on them and on the employees in the bargaining unit, except to the extent that such terms and conditions are subsequently amended by the parties by agreement in writing.

• Marginal note:Matters the Board may consider

  (3) In settling the terms and conditions of a first collective agreement under this section, the Board shall give the parties an opportunity to present evidence and make representations and the Board may take into account

  • (a) the extent to which the parties have, or have not, bargained in good faith in an attempt to enter into the first collective agreement between them;

  • (b) the terms and conditions of employment, if any, negotiated through collective bargaining for employees performing the same or similar functions in the same or similar circumstances as the employees in the bargaining unit; and

  • (c) such other matters as the Board considers will assist it in arriving at terms and conditions that are fair and reasonable in the circumstances.

• Marginal note:Duration of agreement

  (4) Where the terms and conditions of a first collective agreement are settled by the Board under this section, the agreement is effective for a period of two years after the date on which the Board settles the terms and conditions of the collective agreement.