Bill C-259: An Act to amend the Canada Labour Code (fair representation)

Short Title Short title 1 This Act may be cited as the Fair Representation Act . R.S., c. L- 2 Canada Labour Code 2 Subsection 25(1) of the Canada Labour Code is replaced by the following: Where certification prohibited 25 (1) Notwithstanding anything in this Part, the Board shall not certify a trade union as the bargaining agent for any unit comprised of employees of the employer and any collective agreement between the trade union and the employer that applies to any such employees shall be deemed not to be a collective agreement for the purposes of this Part if the Board is satisfied that the trade union is dominated or influenced by an employer or a person acting on behalf of an employer, within the meaning of subsection 94(1.1) . 3 Section 28 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) is satisfied, as of the date of the filing of the application or of any other date that the Board considers appropriate, that the trade union is not dominated or influenced by an employer or a person acting on behalf of an employer, within the meaning of subsection 94(1.1), and is governed by members who are elected by employees in the unit that the trade union proposes to represent as bargaining agent. 4 The Act is amended by adding the following after section 40: Application where employer domination or influence 40.1 (1) If a trade union has been certified as the bargaining agent for a bargaining unit, any group of employees who claim that the trade union is dominated or influenced by an employer or a person acting on behalf of an employer, within the meaning of subsection 94(1.1), may, at any time, apply to the Board for an order revoking the certification of that trade union. Inquiry (2) The Board may, on its own initiative, hold an inquiry to determine if the trade union is dominated or influenced by an employer or a person acting on behalf of an employer, but it must do so if at least 25% of the employees in a bargaining unit represented by the trade union make a written application under subsection (1). No application during strike or lockout (3) Except with the consent of the Board, an application under subsection (1) must not be made in respect of a bargaining agent for employees in a bargaining unit during a strike or lockout that is not prohibited by this Part and that involves those employees. Revocation of certification (4) If, after the Board’s inquiry, the Board is satisfied that the trade union is dominated or influenced by an employer or a person acting on behalf of an employer, the Board shall, by order, revoke the certification of the trade union as the bargaining agent for the bargaining unit. 5 Subsection 41(1) of the Act is replaced by the following: Application for revocation of certification of a council of trade unions 41 (1) If a council of trade unions has been certified as the bargaining agent for a bargaining unit, in addition to any circumstances in which an application for revocation of the certification of the council of trade unions may be made under section 38 or subsection 40(1) or 40.1(1) , any employee in the bargaining unit, the employer of the employees in the bargaining unit or a trade union that forms part of the council of trade unions may apply to the Board for revocation of the certification on the ground that the council of trade unions no longer meets the requirements for certification of a council of trade unions. 6 The portion of section 42 of the Act before paragraph (a) is replaced by the following: Effect of revocation or declaration 42 If the Board makes an order under section 39, subsection 40(2) or 40.1(4) or section 41 revoking the certification of a trade union or council of trade unions, or declaring that a trade union is not entitled to represent the employees in a bargaining unit, 7 Subsection 94(1) of the Act is replaced by the following: Prohibition on employer domination or influence 94 (1) No employer or person acting on behalf of an employer shall dominate or influence a trade union . Domination or influence (1.1) An employer or a person acting on behalf of an employer dominates or influences a trade union if they, directly or indirectly, (a) participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; or (b) contribute financial or other support to a trade union. 8 The Act is amended by adding the following after section 100: Prohibition against domination or influence 100. 01 Every employer who contravenes subsection 94(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000. 9 The portion of subsection 111.01(1) of the Act before paragraph (b) is replaced by the following: Administrative monetary penalties 111.01 (1) The Governor in Council may make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with subsections 94( 1 ), (4) and (6), including regulations (a) designating as a violation the contravention of subsection 94( 1 ), (4) or (6); Review of Act Review and report 10 The Minister of Labour must, within five years after the day on which this section comes into force, undertake a review of the provisions enacted by this Act and their operation and cause a report on the review to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Coming into Force 30 days after royal assent 11 This Act comes into force 30 days after the day on which it receives royal assent.