Canada - Labour and Employment - Labour Law

QUEBEC	*Labour Code,* CQLR, c C-27
Certification/De-certification	Certification Certification may be applied for at any time where a group of employees are not already represented 22(a) and at varying times for employees in collective agreements depending upon length of time since certification or other factors more particularly set out 22(b)-(e) open period generally from the ninetieth to sixtieth day prior to expiry of collective agreement, or from the 180^th to 150^th day if collective agreement longer than 3 years, in each year beyond third 22e Petition for certification shall be made available for public consultation 27 If 35 to 50% support, secret vote to be conducted - Union shall be certified where it receives an absolute majority of support of the employees from the unit 28(a)(b), 37 No certification if employer interference or support 12 & 29, 31 Commission may cancel certificate on application by employees or employer during same time parameters as certification application 41 Working terms or conditions may not be changed once a petition for certification has been submitted 59
Collective Bargaining Rules	The signing of a collective agreement shall not take place unless it has been authorized by secret ballot decided by majority vote 20.3 Certified union shall give at least eight days notice of intent to begin collective bargaining 52 Negotiations must be carried on diligently and in good faith 53 Neither parties may refuse to negotiate or delay such negotiation 53.1 Commission may at the request of the employer put to the employees the last offer of the employer, to be accepted or rejected by secret ballot vote 58.2
Dispute Resolution in Collective Agreements Negotitions	Any dispute to be submitted to an arbitrator upon writing to the Minister by the parties 74 and the Minster shall notify the parties if a matter is being referred to arbitration 75 The award of the arbitrator must be within 60 days of the end of the last arbitration sitting 90 In the case of a first collective agreement, the Minister may refer the matter to an arbitrator where the conciliator has been unsuccessful 93.1 Employer may request Commission order vote on last offer - only once 58.2
Grievance and Arbitration	Every grievance subject to arbitration 100 and following
Conciliation	Conciliation officer may be appointed at any stage 54 and parties are bound to attend meetings to which the conciliation officer calls them 56 Officer to make a report to the Minister if requested 57
Strike / Lock-out Procedures	The right to strike or lock-out shall be acquired 90 days after giving notice, unless an agreement is reached or the parties elect to have their dispute submitted to an arbitrator 58 No use of replacement workers 109.1
Unfair Labour Practices	Employer not to dominate, hinder or finance formation, or participate in activities of associastion (union); similar restrictions for association re employer organization 12 No threat or intimidation to become or refrain from becoming member or from exercising rights 13 & 14 No strike or lock out unless conditions of s. 58 met: 90 days after conciliation report 106 to 109
Statutory Tribunal	Commission des Relations du Travail Powers 46 Grant or amend certification Certify a bargaining unit Describe or modify a bargaining unit merge bargaining units deal with 'transfers' - usually referred to as sale of business in other jurisdiction 118 Commission may: Reject any motion, complaint, application or procedure it considers improper Refuse to rule on cases that may be settled by arbitration Make any order is considers appropriate Determine any question of law in its jurisdiction Render any decision, and quash any decision likewise

Labour Law - Quebec

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