Union membership rights

 

5(1) Every employee has the right

(a) to be a member of a union;

(b) to participate in the activities of a union; and

(c) to participate in the organization of a union.

 

Unfair labour practice by employer

 

17 Every employer and every person acting on behalf of an employer

(a) who denies or threatens to deny an employee

(i) because the employee ceases to work as the result of a strike or lockout not prohibited under this Act, or

(ii) because the employee ceases to work as the result of a dismissal contrary to this Act, or

(iii) because the employee exercises any right conferred upon him under this Act or any other Act of the Legislature or of Parliament,

any pension rights or benefits to which the employee is entitled or would have been entitled except for the cessation of work or the exercise of the right; or

 

(b) who seeks by intimidation, by coercion, by threat of dismissal or any other kind of threat, or by the imposition of a pecuniary or other penalty, or by a promise, or by a wage increase, or by altering any other term or condition of employment, or by any other means, to compel or induce any person

(i) to refrain from becoming, or to cease to be, a member or officer or representative of a union, or

(ii) to refrain from exercising any of the person’s rights under this Act, or

(iii) to refrain from testifying or otherwise participating in a proceeding under this Act or any other Act of the Legislature or of Parliament, or

(iv) to refrain from making a disclosure that he may be required to make under this Act or any other Act of the Legislature or of Parliament, or

(v) to refrain from making an application or filing a complaint under this Act or any other Act of the Legislature or of Parliament;

commits an unfair labour practice.

 

Representation vote

40(1)  

 

Subject to this Part, when the board receives an application for certification and is satisfied that the employees were not subject to intimidation, fraud, coercion or threat and that, at the time the application was filed:

 

(a) more than 50% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall certify the union as the bargaining agent for employees in the unit;

 

(b) at least 40% but 50% or fewer of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall conduct a vote by secret ballot of the employees in the unit in accordance with section 48;

 

Certification or dismissal based on result

 

40(3) Where, pursuant to a vote held in accordance with section 48, the result indicates

(a) that the majority of employees in the unit found appropriate for collective bargaining who voted on the issue wish the applicant union to represent them as their bargaining agent, the board shall certify the union as the bargaining agent for the employees in the unit; or

 

Vote within seven days

 

48(3) A vote under subsection 40(1) shall be held within seven days after the day on which the application for certification is filed with the board.