Trade Union Act

Trade Union Act

 
1 TRADE UNION c. T-17

The

Trade Union

Act

being

Chapter T-17 of The Revised Statutes of Saskatchewan, 1978

(effective February 26, 1979), as amended by the Statutes of

Saskatchewan, 1980-81, c.43; 1983, c.81; 1983-84, c.54;

1984-85-86, c.16; 1988-89, c.42; 1989-90, c.54; 1992, c.A-24.1;

1994, c.47; 2000, c.69; 2005, c.30; 2008, c.26 and c.27.

NOTE:

This consolidation is not official. Amendments have been

incorporated for convenience of reference and the original statutes

and regulations should be consulted for all purposes of interpretation

and application of the law. In order to preserve the integrity of the

original statutes and regulations, errors that may have appeared are

reproduced in this consolidation.

2 c. T-17 TRADE UNION


Table of Contents

1 Short title

2 Interpretation

3 Rights of employees

4 Labour Relations Board continued

5 Powers of board

5.1 Rectification plan

5.2 Provisional determination re employee

5.3 Interim orders

6 Representation votes

7 Procedure of voting

8 Quorum for vote

9 Dismissal of certain applications

10 Rejection of certain evidence, etc.

10.1 Certification after unfair labour practice

10.2 Decertification after unfair labour practice

11 Unfair labour practices

12 Certain prohibitions respecting unfair

labour practices

12.1 Deadline to report unfair labour practice

13 Enforcement of orders and decisions of board

14 Court may refer any question to board

15 Offence and penalty

16 Board may rescind order obtained by fraud

17 Board may make rules and regulations

18 Additional powers of board

18.1 Privileges and immunities

19 Proceedings not invalidated by irregularities, etc.

20 Notices, how given

21 No appeal from order or decision of board

21.1 Deadline for board decision

21.2 Annual report

22 Boards of conciliation

23 Regulations by minister respecting boards

of conciliation

23.1 Special mediator

23.2 Provision of information

24 Board to determine any dispute on request of parties

25 Powers of arbitration board, binding effect of

findings of, etc.

25.1 Fair representation

26 Application of arbitration procedure of Act in

certain cases

26.1 Arbitration by arbitration board

26.2 Arbitration re termination or suspension

26.3 Expedited arbitration

26.4 Grievance mediation

26.5 First collective bargaining agreements

26.6 List of arbitrators

27 Trade union not deemed unlawful

28 Acts done by two or more members

29 Capacity of union to sue, etc.

30 Repealed

31 Copies of collective bargaining agreements,

amendments, to be filed with minister

32 Employer to deduct trade union dues from wages

33 Period for which collective bargaining agreements

are to remain in force

34 Rights of parties after expiry of collective bargaining

agreement

35 Power to vary expiry dates of collective bargaining

agreements in certain cases

36 Union security

36.1 Employee-trade union disputes

37 Transfer of obligations

37.1 Deemed sale of business

37.2 Application of section 37 to certain businesses

37.3 Related business

38 Continuation of obligations

39 Change of name of trade union consequent upon

amalgamation, etc.

40 Certain information, etc., privileged

41 Application of Acts of Canada, etc., to certain

employees and employers

42 Powers and duties of board

43 Technological change in employers’ businesses, etc.

44 Prohibition re lock-out during term of agreement

45 Vote on employer’s final offer

46 Reinstatement of employees after strike or lock-out

47 Benefits during strike or lock-out

3 TRADE UNION c. T-17


CHAPTER T-17

An Act respecting Trade Unions and the Right of Employees to

organize in Trade Unions of their own choosing for the Purpose of

Bargaining Collectively with their Employers.

Short title

1 This Act may be cited as The Trade Union Act.

Interpretation

2 In this Act:

(a) “appropriate unit” means a unit of employees appropriate for the

purpose of bargaining collectively;

(b) “bargaining collectively” means negotiating in good faith with a view

to the conclusion of a collective bargaining agreement, or a renewal or

revision of a bargaining agreement, the embodiment in writing or writings of

the terms of agreement arrived at in negotiations or required to be inserted in

a collective bargaining agreement by this Act, the execution by or on behalf of

the parties of such agreement, and the negotiating from time to time for the

settlement of disputes and grievances of employees covered by the agreement

or represented by a trade union representing the majority of employees in an

appropriate unit;

(c) “board” means the Labour Relations Board mentioned in section 4;

(d) “collective bargaining agreement” means an agreement in writing

or writings between an employer and a trade union setting forth the terms

and conditions of employment or containing provisions in regard to rates of

pay, hours of work or other working conditions of employees;

(e) “company dominated organization” means a labour organization,

the formation or administration of which an employer or employer’s agent has

dominated or interfered with or to which an employer or employer’s agent has

contributed financial or other support, except as permitted by this Act;

(e.1) “department” means the department over which the minister presides;

(f) “employee” means:

(i) a person in the employ of an employer except:

(A) a person whose primary responsibility is to actually exercise

authority and actually perform functions that are of a managerial

character; or

(B) a person who is regularly acting in a confidential capacity

with respect to the industrial relations of his or her employer;

4 c. T-17 TRADE UNION


(i.1) a person engaged by another person to perform services if, in the

opinion of the board, the relationship between those persons is such that

the terms of the contract between them can be the subject of collective

bargaining;

(ii) Repealed. 1983, c.81, s.3.

(iii) any person designated by the board as an employee for the

purposes of this Act notwithstanding that for the purpose of determining

whether or not the person to whom he provides his services is vicariously

liable for his acts or omissions he may be held to be an independent

contractor; and includes a person on strike or locked out in a current

labour-management dispute who has not secured permanent employment

elsewhere, and any person dismissed from his employment whose

dismissal is the subject of any proceedings before the board;

(g) “employer” means:

(i) an employer who employs three or more employees;

(ii) an employer who employs less than three employees if at least one

of the employees is a member of a trade union that includes among its

membership employees of more than one employer;

(iii) in respect of any employees of a contractor who supplies the

services of the employees for or on behalf of a principal pursuant to the

terms of any contract entered into by the contractor or principal, the

contractor or principal as the board may in its discretion determine for

the purposes of this Act;

and includes Her Majesty in the right of the Province of Saskatchewan;

(h) “employer’s agent” means:

(i) a person or association acting on behalf of an employer;

(ii) any officer, official, foreman or other representative or employee of

an employer acting in any way on behalf of an employer with respect to

the hiring or discharging or any of the terms or conditions of employment

of the employees of the employer;

(i) “labour-management dispute” means any dispute or difference between

an employer and one or more of his employees or a trade union with respect to:

(i) matters or things affecting or relating to work done or to be done by

the employee or employees or trade union; or

(ii) the privileges, rights, duties, terms and conditions, or tenure of,

employment or working conditions of the employee or employees or trade

union;

(j) “labour organization” means an organization of employees, not

necessarily employees of one employer, that has bargaining collectively

among its purposes;

5 TRADE UNION c. T-17


(j.1) “labour relations officer” means a labour relations officer of the

department who is designated by the deputy minister to provide information

pursuant to section 23.2;

(j.2) “lock-out” means one or more of the following actions taken by an

employer for the purpose of compelling employees to agree to terms and

conditions of employment:

(i) the closing of all or part of a place of employment;

(ii) a suspension of work;

(iii) a refusal to continue to employ employees;

(k) “minister” means the member of the Executive Council to whom for the

time being the administration of this Act is assigned;

(k.1) “strike” means any of the following actions taken by employees:

(i) a cessation of work or a refusal to work or to continue to work by

employees acting in combination or in concert or in accordance with a

common understanding; or

(ii) other concerted activity on the part of employees in relation to their

work that is designed to restrict or limit output or the effective delivery

of services;

(l) “trade union” means a labour organization that is not a company

dominated organization.

1972, c.137, s.2; 1983, c.81, s.3; 1988-89, c.42,

s.105; 1994, c.47, s.3.

Rights of employees

3 Employees have the right to organize in and to form, join or assist trade unions

and to bargain collectively through a trade union of their own choosing; and the

trade union designated or selected for the purpose of bargaining collectively by the

majority of the employees in a unit appropriate for that purpose shall be the

exclusive representative of all employees in that unit for the purpose of bargaining

collectively.

1972, c.137, s.3.

Labour Relations Board continued

4(1) There shall continue to be a board known as the Labour Relations Board

composed of members appointed by the Lieutenant Governor in Council at such

salaries or remuneration as he deems fit; the Lieutenant Governor in Council shall

name a chairperson and not more than two vice-chairpersons of the board; the

members of the board shall be selected so that employers and organized employees

are equally represented.

(1.1) The members of the board:

(a) shall be appointed to hold office for terms not exceeding:

(i) five years in the case of the chairperson and vice-chairpersons; and

(ii) three years in the case of other members; and

(b) may be reappointed for additional terms.

6 c. T-17 TRADE UNION


(1.2) If the term of a member of the board expires after the member has begun

hearing a matter before the board but before the proceeding is completed, the

member may continue as if his or her term had not expired for the purpose of

completing the proceeding.

(1.3) If a member continues to serve pursuant to subsection (1.2), he or she shall

not begin to hear any additional matters before the board.

(2) The board must not proceed with a matter unless a quorum is present.

(2.1) Subject to subsection (2.2), a quorum of the board consists of three members

at least one of whom must be the chairperson or a vice-chairperson.

(2.2) The chairperson may designate himself or herself or a vice-chairperson to

hear a matter alone for proceedings related to section 25.1 or 36.1.

(3) A decision of the majority of the members of the board present and

constituting a quorum shall be the decision of the board, and in the event of a tie

the chairperson or acting chairperson shall have a casting vote.

(4) All orders, decisions, rules and regulations made by the board and every

consent of the board shall be signed by the chairperson or a vice-chairperson, but in

the absence or disability of the chairperson and a vice-chairperson any orders,

decisions, rules or regulations or any consent may be signed by any one member

and when so signed shall have the like effect as if signed by the chairperson or a

vice-chairperson.

(5) Where any order, decision, rule or regulation or any consent purports to be

signed by a member other than the chairperson or a vice-chairperson, it shall be

conclusively presumed that such member has so acted in the absence or disability

of the chairperson and vice-chairpersons.

(6) Any order, decision, rule or regulation or any consent purporting to be signed

by the chairperson, a vice-chairperson or a member other than the chairperson or a

vice-chairperson shall be deemed to have been duly authorized by the board unless

the contrary is shown, and it shall not be necessary in or before any court, board,

commission or other tribunal of competent jurisdiction to prove the handwriting or

authority of the chairperson, a vice-chairperson or other member.

(7) Repealed. 1994, c.47, s.4.

(8) Repealed. 1994, c.47, s.4.

(9) Repealed. 1994, c.47, s.4.

(10) Every member of the board shall, before entering upon the duties of his

office, take before the Clerk of the Executive Council and file in his office an oath in

the following form:

I, ________________________________________ , do swear that I will faithfully and

impartially, to the best of my judgment, skill and ability, execute and perform the

office of member of the Labour Relations Board. So help me God.

7 TRADE UNION c. T-17


(11) The Lieutenant Governor in Council may appoint an executive officer who

shall be an agent of the board and shall perform such duties as the board may from

time to time direct.

(12) The board may delegate to the executive officer any of its powers or functions

but any employer, employee or trade union affected by any act done by the

executive officer in the exercise or purported exercise of any such delegated power

may apply to the board to review, set aside, amend, stay or otherwise deal with the

act and the board upon the application or, of its own motion, may exercise its

powers or perform its functions with respect to the matter in issue as if the

executive officer had not done such act.

(12.1) The chairperson may designate one or more persons as investigating

officers for the purposes of this Act.

(13) Notwithstanding subsection (1.1):

(a) persons who are members of the board immediately before the coming

into force of this subsection are continued as members of the board on an

acting basis until new appointments are made pursuant to subsection (1.1);

(b) persons who are alternate members immediately before the coming into

force of this subsection:

(i) are deemed to have been members on and from the dates of their

appointments as alternate members; and

(ii) are continued as members of the board on an acting basis until new

appointments are made pursuant to subsection (1.1); and

(c) all matters pending before the board as it was constituted immediately

before the coming into force of subsection (1.1) are continued before the board

as constituted pursuant to clauses (a) and (b).

1972, c.137, s.4; 1983-84, c.54, s.25; 1994, c.47, s.4;

2000, c.69, s.17; 2005, c.30, s.3; 2008, c.27, s.2.

Powers of board

5 The board may make orders:

(a) determining whether the appropriate unit of employees for the purpose

of bargaining collectively shall be an employer unit, craft unit, plant unit or a

subdivision thereof or some other unit;

(b) determining what trade union, if any, represents a majority of employees

in an appropriate unit of employees, but no order under this clause shall be

made in respect of an application made within a period of six months from the

date of the dismissal of an application for certification by the same trade

union in respect of the same or a substantially similar unit of employees,

unless the board, on the application of that trade union, considers it advisable

to abridge that period;

(c) requiring an employer or a trade union representing the majority of

employees in an appropriate unit to bargain collectively;

8 c. T-17 TRADE UNION


(d) determining whether an unfair labour practice or a violation of this Act

is being or has been engaged in;

(e) requiring any person to do any of the following:

(i) to refrain from violations of this Act or from engaging in any unfair

labour practice;

(ii) subject to section 5.1, to do any thing for the purpose of rectifying a

violation of this Act, the regulations or a decision of the board;

(f) requiring an employer to reinstate any employee discharged under

circumstances determined by the board to constitute an unfair labour

practice, or otherwise in violation of this Act;

(g) fixing and determining the monetary loss suffered by an employee, an

employer or a trade union as a result of a violation of this Act, the regulations

or a decision of the board by one or more persons, and requiring those persons

to pay to that employee, employer or trade union the amount of the monetary

loss or any portion of the monetary loss that the board considers to be

appropriate;

(h) determining whether a labour organization is a company dominated

organization;

(i) rescinding or amending an order or decision of the board made under

clause (d), (e), (f), (g) or (h), or amending an order or decision of the board

made under clause (a), (b) or (c) in the circumstances set out in clause (j)

or (k), notwithstanding that a motion, application, appeal or other proceeding

in respect of or arising out of the order or decision is pending in any court;

(j) amending an order of the board if:

(i) the employer and the trade union agree to the amendment; or

(ii) in the opinion of the board, the amendment is necessary;

(k) rescinding or amending an order or decision of the board made under

clause (a), (b) or (c) where:

(i) there is a collective bargaining agreement in existence and an

application is made to the board to rescind or amend the order or

decision during a period of not less than 30 days or more than 60 days

before the anniversary of the effective date of the agreement; or

(ii) there is no agreement and an application is made to the board to

rescind or amend the order or decision during a period of not less than 30

days or more than 60 days before the anniversary date of the order to be

rescinded or amended;

notwithstanding that a motion, application, appeal or other proceeding in

respect of or arising out of the order or decision is pending in any court;

(l) excluding from an appropriate unit of employees an employee whom the

board finds, in its absolute discretion, objects;

(i) to joining or belonging to a trade union; or

(ii) to paying dues and assessments to a trade union;

9 TRADE UNION c. T-17


as a matter of conscience based on religious training or belief during such

period that the employee pays:

(iii) to a charity mutually agreed upon by the employee and the trade

union that represents a majority of employees in the appropriate unit; or

(iv) where agreement cannot be reached by these parties, to a charity

designated by the board;

an amount at least equal to the amount of dues and assessments that a

member of that trade union is required to pay to the trade union in respect of

such period;

(m) subject to section 5.2, determining for the purposes of this Act whether

any person is or may become an employee;

(n) when acting pursuant to section 24, relieving against breaches of time

limits set out in this Act or in a collective bargaining agreement on terms that,

in the opinion of the board, are just and reasonable.

1972, c.137, s.5; 1983, c.81, s.4; 1994, c.47, s.5.

Rectification plan

5.1 In making an order pursuant to subclause 5(e)(ii), the board may consider a

plan, submitted by a person found to have violated the Act, the regulations or a

decision of the board, for rectifying the violation.

1994, c.47, s.6.

Provisional determination re employee

5.2(1) On an application pursuant to clause 5(m), the board may make a

provisional determination before the person who is the subject of the application is

actually performing the duties of the position in question.

(2) A provisional determination made pursuant to subsection (1) becomes a final

determination after the expiry of one year from the day on which the provisional

determination is made unless, before that period expires, the employer or the trade

union applies to the board for a variation of the determination.

1994, c.47, s.6.

Interim orders

5.3 With respect to an application or complaint made pursuant to any provision of

this Act or the regulations, the board may, after giving each party to the matter an

opportunity to be heard, make an interim order pending the making of a final order

or decision.

1994, c.47, s.6.

Representation votes

6(1) Subject to subsections (1.1) and (2), in determining what trade union, if any,

represents a majority of employees in an appropriate unit of employees, in addition

to the exercise of any powers conferred upon it by section 18, the board must direct

a vote to be taken by secret ballot of all employees eligible to vote to determine the

question.

10 c. T-17 TRADE UNION


(1.1) No vote shall be directed pursuant to subsection (1) unless the board is

satisfied, on the basis of the evidence submitted in support of the application and

the board’s investigation in respect of that evidence, that at the time of the

application at least 45% of the employees in the appropriate unit support the

application.

(1.2) The board must require as evidence of each employee’s support mentioned in

subsection (1.1) written support of the application, as prescribed in the regulations

made by the Lieutenant Governor in Council, made within 90 days of the filing of

the application.

(2) Where a trade union:

(a) applies for an order of the board determining it to represent the majority

of employees in an appropriate unit for which there is an existing order of the

board determining another trade union to represent the majority of employees

in the unit; and

(b) shows that 45% or more of the employees in the appropriate unit have

within 90 days preceding the date of the application indicated that the

applicant trade union is their choice as representative for the purpose of

collective bargaining;

the board shall, subject to clause 5(k), direct a vote to be taken by secret ballot of all

employees eligible to vote, but the board may, in its discretion, refuse to direct the

vote where the board:

(c) Repealed. 2008, c.26, s.3.

(d) has, within six months preceding the date of the application, upon

application of the same trade union, directed a vote of employees in the same

appropriate unit.

(3) Repealed. 1983, c.81, s.5.

1972, c.137, s.6; 1983, c.81, s.5; 2008, c.26, s.3.

Procedure of voting

7(1) All votes directed by the board to be taken shall be by secret ballot and the

board or a person appointed by the board shall conduct the taking and counting of

the ballots cast.

(2) An employee who has voted at a vote taken under this Act shall not be

competent or compellable to give evidence in any court proceedings whatsoever as

to how he voted.

1972, c.137, s.7.

Quorum for vote

8 In any such vote a majority of the employees eligible to vote shall constitute a

quorum and if a majority of those eligible to vote actually vote, the majority of those

voting shall determine the trade union that represents the majority of employees

for the purpose of bargaining collectively.

1972, c.137, s.8.

11 TRADE UNION c. T-17


Dismissal of certain applications

9 The board may reject or dismiss any application made to it by an employee or

employees where it is satisfied that the application is made in whole or in part on

the advice of, or as a result of influence of or interference or intimidation by, the

employer or employer’s agent.

1972, c.137, s.9.

Rejection of certain evidence, etc.

10 Where an application is made to the board for an order under clause 5(a) or (b),

the board may, in its absolute discretion, reject any evidence or information

tendered or submitted to it concerning any fact, event, matter or thing transpiring,

or occurring after the date on which such application is filed with the board in

accordance with the regulations of the board.

1972, c.137, s.10; 1989-90, c.54, s.6.

Certification after unfair labour practice

10.1 On an application pursuant to clause 5(a), (b) or (c), the board shall make an

order directing a vote to be taken by secret ballot of all employees eligible to vote,

and may make an order pursuant to clause 5(g), where:

(a) the board finds that the employer or the employer’s agent has committed

an unfair labour practice or has otherwise violated this Act;

(b) there is insufficient evidence before the board that shows that 45% or

more of the employees in the appropriate unit support the application; and

(c) the board finds that sufficient evidence of support mentioned in clause (b)

would have been obtained but for the unfair labour practice or violation of this

Act.

1994, c.47, s.7; 2008, c.26, s.4.

Decertification after unfair labour practice

10.2 On an application pursuant to clause 5(k) for an order rescinding an order

made pursuant to clause 5(a), (b) or (c), the board shall make an order directing a

vote to be taken by secret ballot of all employees eligible to vote, and may make an

order pursuant to clause 5(g), where:

(a) the board finds that the trade union or an employee has committed an

unfair labour practice or has otherwise violated this Act;

(b) there is insufficient evidence before the board that shows that 45% or

more of the employees in the appropriate unit support the application; and

(c) the board finds that sufficient evidence of support mentioned in clause (b)

would have been obtained but for the unfair labour practice or violation of this

Act.

1994, c.47, s.7; 2008, c.26, s.5.

12 c. T-17 TRADE UNION

Unfair labour practices

11(1) It shall be an unfair labour practice for an employer, employer’s agent or

any other person acting on behalf of the employer:

(a) to interfere with, restrain, intimidate, threaten, or coerce an employee in

the exercise of any right conferred by this Act, but nothing in this Act

precludes an employer from communicating facts and its opinions to its

employees;

(b) to discriminate or interfere with the formation or administration of any

labour organizaton or contribute financial or other support to it; but an

employer shall not be prohibited from permitting the bargaining committee or

officers of a trade union representing his employees in any unit to confer with

him for the purpose of bargaining collectively or attending to the business of a

trade union without deductions from wages or loss of time so occupied or from

agreeing with any trade union for the use of notice boards and of the

employer’s premises for the purposes of such trade union;

(c) to fail or refuse to bargain collectively with representatives elected or

appointed, not necessarily being the employees of the employer, by a trade

union representing the majority of the employees in an appropriate unit;

(d) to refuse to permit a duly authorized representative of a trade union with

which he has entered into a collective bargaining agreement or that

represents the majority of employees in an appropriate unit of employees of

the employer to negotiate with him during working hours for the settlement

of disputes and grievances of employees covered by the agreement, or of

employees in the appropriate unit, as the case may be, or to make any

deductions from the wages of any such duly authorized representative of a

trade union in respect of the time actually spent in negotiating for the

settlement of such disputes and grievances;

(e) to discriminate in regard to hiring or tenure of employment or any term

or condition of employment or to use coercion or intimidation of any kind,

including discharge or suspension or threat of discharge or suspension of an

employee, with a view to encouraging or discouraging membership in or

activity in or for or selection of a labour organization or participation of any

kind in a proceeding under this Act, and if an employer or an employer’s agent

discharges or suspends an employee from his employment and it is shown to

the satisfaction of the board that employees of the employer or any of them

had exercised or were exercising or attempting to exercise a right under this

Act, there shall be a presumption in favour of the employee that he was

discharged or suspended contrary to this Act, and the burden of proof that the

employee was discharged or suspended for good and sufficient reason shall be

upon the employer; but nothing in this Act precludes an employer from

making an agreement with a trade union to require as a condition of

employment membership in or maintenance of membership in the trade

union or the selection of employees by or with the advice of a trade union or

any other condition in regard to employment, if the trade union has been

designated or selected by a majority of employees in any such unit as their

representative for the purpose of bargaining collectively;

13 TRADE UNION c. T-17


(f) to require as a condition of employment that any person shall abstain

from joining or assisting or being active in any trade union or from exercising

any right provided by this Act, except as permitted by this Act;

(g) to interfere in the selection of a trade union as a representative of

employees for the purpose of bargaining collectively;

(h) to maintain a system of industrial espionage or to employ or direct any

person to spy upon a member or proceedings of a labour organization or the

offices thereof or the exercise by any employee of any right provided by this

Act;

(i) to threaten to shut down or to threaten to move a plant, business or

enterprise or any part of a plant, business or enterprise in the course of a

labour-management dispute;

(j) to declare or cause a lock-out or to make or threaten any change in wages,

hours, conditions or tenure of employment, benefits or privileges while any

application is pending before the board or any matter is pending before a

board of conciliation or special mediator appointed under this Act;

(k) to bargain collectively with a company dominated organization;

(l) to deny or threaten to deny to any employee:

(i) by reason of the employee ceasing to work as the result of a lock-out

or while taking part in a stoppage of work due to a labour-management

dispute where such lock-out or stoppage of work has been enforced by the

employer or called in accordance with this Act by the trade union

representing the employee, as the case may be; or

(ii) by reason of the employee exercising any right conferred by this

Act;

any pension rights or benefits, health rights or benefits or medical rights or

benefits that the employee enjoyed prior to such cessation of work or to his

exercising any such right;

(m) where no collective bargaining agreement is in force, to unilaterally

change rates of pay, hours of work or other conditions of employment of

employees in an appropriate unit without bargaining collectively respecting

the change with the trade union representing the majority of employees in the

appropriate unit;

(n) where one or more employees are permitted or required to live in

premises supplied by, or by arrangement with, the employer, to refuse, deny,

restrict or limit the right of the employee or employees to allow access to the

premises by members of any trade union representing or seeking to represent

such employee or employees or any of them for the purpose of bargaining

collectively;

(o) to interrogate employees as to whether or not they or any of them have

exercised, or are exercising or attempting to exercise any right conferred by

this Act;

14 c. T-17 TRADE UNION


(p) to discharge an employee for failure to acquire or maintain membership

in a trade union, where such membership is a condition of employment, if the

employee complies with subsection 36(3).

(2) It shall be an unfair labour practice for any employee, trade union or any other

person:

(a) to interfere with, restrain, intimidate, threaten or coerce an employee

with a view to encouraging or discouraging membership in or activity in or for

a labour organization, but nothing in this Act precludes a person acting on

behalf of a trade union from attempting to persuade an employer to make an

agreement with that trade union to require as a condition of employment

membership or maintenance of membership in the trade union or the

selection of employees by or with the advice of a trade union or any other

condition in regard to employment, if such trade union has been designated or

selected by a majority of employees in an appropriate unit as their

representative for the purpose of bargaining collectively;

(b) to commence to take part in or persuade an employee to take part in a

strike while an application is pending before the board or any matter is

pending before a board of conciliation or special mediator appointed under

this Act;

(c) to fail or refuse to bargain collectively with the employer in respect of

employees in an appropriate unit where a majority of the employees have

selected or designated the trade union as their representative for the purpose

of bargaining collectively;

(d) to declare, authorize or take part in a strike unless a strike vote is taken

by secret ballot among the employees who are:

(i) in the appropriate unit concerned; and

(ii) affected by the collective bargaining;

and unless a majority of the employees voting vote in favour of a strike, but no

strike vote by secret ballot need be taken among employees in an appropriate

unit consisting of two employees or fewer;

(e) to seek or take steps to have an employee discharged for failure to

acquire or maintain membership in a trade union, where such membership is

a condition of employment, if the employee complies with subsection 36(3);

(f) to use coercion or intimidation of any kind against an employee with a

view to discouraging activity which might lead to the rescission of an order or

decision of the board under clause 5(a), (b) or (c).

(3) For the purposes of this Act:

(a) an application is deemed to be pending before the board on and after the

day on which it is first considered by the board at a formally constituted

meeting until the day on which the decision of the board is made;

(b) a matter is deemed to be pending before a board of conciliation on and

after the day on which the board of conciliation is established by the minister

until the day on which its report is received by the minister; and

15 TRADE UNION c. T-17


(c) a matter is deemed to be pending before a special mediator on and after

the day on which the special mediator is appointed by the minister until the

day on which the special mediator’s report is received by the minister.

(4) No employer shall be found guilty of an unfair labour practice under

clause (1)(c), (d) or (m):

(a) unless the board has made an order determining that the trade union

making the complaint represents the majority of the employees in the

appropriate unit; or

(b) where the employer shows to the satisfaction of the board that he did not

know nor had any reasonable grounds for believing that the trade union

represented the majority of the employees, or that the employees were

actively endeavouring to have a trade union represent them, in the appropriate

unit when he committed the acts complained of.

(5) In any matter or proceeding arising under this Act, an order made by the

board shall be binding and conclusive of the matters stated therein.

(6) Where the majority of the employees voting on a strike vote under

clause 11(2)(d) vote in favour of a strike, no strike may commence unless the trade

union representing a majority of the employees:

(a) gives the employer or employer’s agent at least 48 hours written strike

notice of the date and time that the strike will commence; and

(b) promptly, after service of the notice, notifies the minister or his

designate of the date and time that the strike will commence.

(7) No employer may cause a lock-out unless:

(a) he gives the union or union’s agent at least 48 hours written notice of the

date and time that the lock-out will commence; and

(b) promptly, after the service of the notice, notifies the minister or his

designate of the date and time that the lock-out will commence.

(8) The board may, in its discretion, on the application of the trade union or

affected employees, require that any strike vote under clause 11(2)(d) or any vote of

employees to ratify the terms of a proposed collective bargaining agreement be

supervised, conducted or scrutinized by the board or a person appointed by the

board, and the board may:

(a) determine where, when and how the vote may be taken;

(b) require that the employer and trade union give all employees who are

eligible to vote an opportunity to vote.

1972, c.137, s.11; 1980-81, c.43, s.2; 1983, c.81,

s.6; 1994, c.47, s.8; 2008, c.26, s.6.

Certain prohibitions respecting unfair labour practices

12 No person shall take part in, aid, abet, counsel or procure any unfair labour

practice or any violation of this Act.

1972, c.137, s.12.

16 c. T-17 TRADE UNION


Deadline to report unfair labour practice

12.1(1) Subject to subsection (2), the board may refuse to hear any allegation of

an unfair labour practice that is made more than 90 days after the complainant

knew, or in the opinion of the board ought to have known, of the action or

circumstances giving rise to the allegation, unless the respondent has consented in

writing to waive or extend the deadline.

(2) The board must hear any allegation of an unfair labour practice that is made

after the deadline mentioned in subsection (1) if the respondent has consented in

writing to waive or extend the deadline.

2008, c.26, s.7.

Enforcement of orders and decisions of board

13 A certified copy of any order or decision of the board shall be filed in the office

of a local registrar of the Court of Queen’s Bench and shall thereupon be

enforceable as a judgment or order of the court, and in the same manner as any

other judgment or order of the court, but the board may nevertheless rescind or

vary any such order.

1972, c.137, s.13; 1994, c.47, s.9.

Court may refer any question to board

14(1) In an application to the court arising out of the failure of any person to

comply with the terms of an order filed pursuant to section 13, the court may refer

to the board any question as to the compliance or non-compliance of such person or

persons with the order of the board.

(2) The application to enforce an order of the board may be made to the court by

and in the name of the board, any trade union affected or any interested person,

and upon such application being heard the court shall be bound absolutely by the

findings of the board and shall make such order or orders as may be necessary to

cause every party with respect to whom the application is made to comply with the

order of the board.

(3) The board may in its own name appeal from any judgment, decision or order of

any court affecting any of its orders or decision.

1972, c.137, s.14.

Offence and penalty

15(1) Any person who takes part in, aids, abets, counsels or procures any unfair

labour practice or contravenes any provision of this Act is, in addition to any other

penalty imposed on him pursuant to this Act, guilty of an offence and liable on

summary conviction:

(a) for a first offence:

(i) in the case of an individual, to a fine of not less than $50 and not

more than $1,000;

(ii) in the case of a corporation or trade union, to a fine of not less

than $1,000 and not more than $10,000;

(b) for a second or subsequent offence, to a fine in the amount set out in

clause (a) and to imprisonment for a term of not longer than one year.

17 TRADE UNION c. T-17


(2) Any person who fails to comply with any order of the board, whether made

prior to or after the coming into force of this section, is, in addition to any other

penalty imposed on him under this Act, guilty of an offence and liable on summary

conviction:

(a) in the case of an individual, to a fine of $50;

(b) in the case of a corporation or trade union, to a fine of $250;

for each day or part of a day during which the non-compliance continues.

1983, c.81, s.7.

Board may rescind order obtained by fraud

16(1) Where the board has by order determined that a trade union represents a

majority of employees in an appropriate unit for the purposes of bargaining

collectively:

(a) any employee in the appropriate unit;

(b) the employer; or

(c) any trade union claiming to represent any employees in the appropriate

unit;

who alleges that the order was obtained by fraud may apply to the board at any

time to rescind the order.

(2) Upon an application under subsection (1) the board shall, upon being satisfied

that the order was obtained by fraud, rescind the order.

(3) Any person who takes part in, aids, abets, counsels or procures the obtaining

by fraud of an order mentioned in subsection (1) is guilty of an offence and liable on

summary conviction to the penalties set out in section 15.

1972, c.137, s. 16.

Board may make rules and regulations

17(1) The board may, subject to the approval of the Lieutenant Governor in

Council, make such regulations, not inconsistent with this Act, as are necessary to

carry out the provisions of this Act according to their true intent.

(1.1) The chairperson of the board may make regulations prescribing rules of

procedure for matters before the board, including preliminary procedures, and

prescribing forms that are consistent with this Act and any other regulations made

pursuant to this Act.

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in

Council may make regulations:

(a) providing for the disposition of applications to the board ex parte;

(b) prescribing terms and conditions to which dispositions of applications to

the board ex parte shall be subject;

(c) for the purposes of subsection 6(1.2).

18 c. T-17 TRADE UNION


(3) An employer, employee or trade union affected by any act done on an ex parte

application may apply to the board to review, set aside, amend, stay or otherwise

deal with such act and the board, upon such application or upon its own motion,

may exercise its powers with regard to the matter in issue as if the act had not been

done.

(4) The minister shall provide such technical, clerical and secretarial assistance

as the board may require for the purpose of this Act.

1972, c.137, s. 17; 1989-90, c.54, s.6; 2005, c.30,

s.4; 2008, c.26, s.8.

Additional powers of board

18 The board has, for any matter before it, the power:

(a) to require any party to provide particulars before or during a hearing;

(b) to require any party to produce documents or things that may be

relevant to a matter before it and to do so before or during a hearing;

(c) that is vested in the Court of Queen's Bench for the trial of civil actions

to:

(i) summon and enforce the attendance of witnesses;

(ii) compel witnesses to give evidence on oath or otherwise; and

(iii) compel witnesses to produce documents or things;

(d) to administer oaths and solemn affirmations;

(e) to receive and accept any evidence and information on oath, affidavit or

otherwise that the board in its discretion sees fit, whether admissible in a

court of law or not;

(f) subject to the regulations made by the Lieutenant Governor in Council, to

determine the form in which evidence of membership in a trade union or

communication from employees that they no longer wish to be represented by

a trade union is to be filed with the board on an application for certification or

for rescission, and to refuse to accept any evidence that is not filed in that

form;

(g) subject to the regulations made by the Lieutenant Governor in Council,

to determine the form in which and the time within which any party to a

proceeding before the board must file or present any thing, document or

information and to refuse to accept any thing, document or information that is

not filed or presented in that form or by that time;

(h) to order preliminary procedures, including pre-hearing settlement

conferences;

(i) to determine who may attend and the time, date and place of any

preliminary procedure or conference mentioned in clause (h);

19 TRADE UNION c. T-17


(j) to conduct any hearing using a means of telecommunications that

permits the parties and the board to communicate with each other

simultaneously;

(k) to adjourn or postpone the proceeding;

(l) to defer deciding any matter if the board considers that the matter could

be resolved by arbitration or an alternative method of resolution;

(m) to bar from making a similar application for any period not exceeding

one year from the date an unsuccessful application is dismissed:

(i) an unsuccessful applicant;

(ii) any of the employees affected by an unsuccessful application;

(iii) any person or trade union representing the employees affected by

an unsuccessful application; or

(iv) any person or organization representing the employer affected by

an unsuccessful application;

(n) to refuse to entertain a similar application for any period not exceeding

one year from the date an unsuccessful application is dismissed from anyone

mentioned in subclauses (m)(i) to (iv);

(o) to summarily refuse to hear a matter that is not within the jurisdiction of

the board;

(p) to summarily dismiss a matter if there is a lack of evidence or no

arguable case;

(q) to decide any matter before it without holding an oral hearing;

(r) to decide any question that may arise in the proceeding, including,

without restricting the generality of the foregoing, any question as to

whether:

(i) a person is a member of a trade union;

(ii) a collective agreement has been entered into or is in operation; or

(iii) any person or organization is a party to or bound by a collective

agreement;

(s) to require any person, trade union or employer to post and keep posted in

a place determined by the board, or to send by any means that the board

determines, any notice that the board considers necessary to bring to the

attention of any employee;

(t) to enter any premises of an employer where work is being or has been

done by employees, or in which the employer carries on business, whether or

not the premises are those of the employer, and to inspect and view any work,

material, machinery, appliances, articles, records or documents and question

any person;

(u) to enter any premises of a trade union and to inspect and view any work,

material, articles, records or documents and question any person;

20 c. T-17 TRADE UNION


(v) to order, at any time before the proceeding has been finally disposed of by

the board, that:

(i) a vote or an additional vote be taken among employees affected by

the proceeding if the board considers that the taking of such a vote would

assist the board to decide any question that has arisen or is likely to arise

in the proceeding, whether or not such a vote is provided for elsewhere;

and

(ii) the ballots cast in any vote ordered by the board pursuant to

subclause (i) be sealed in ballot boxes and not counted except as directed

by the board;

(w) to enter on the premises of an employer for the purpose of conducting a

vote during working hours, and to give any directions in connection with the

vote that it considers necessary;

(x) to authorize any person to do anything that the board may do pursuant

to clauses (a), (b), (d), (e), (i), (j), (s), (t), (u) and (w), on any terms and

conditions the board considers appropriate, and to require that person to

report to the board on anything done.

2005, c.30, s.5; 2008, c.26, s.9.

Privileges and immunities

18.1 The members of the board shall have the same privileges and immunities as

a judge of the Court of Queen’s Bench.

2005, c.30, s.6.

Proceedings not invalidated by irregularities, etc.

19(1) No proceedings before or by the board shall be invalidated by reason of any

irregularity or technical objection, but the board may, at any stage of proceedings

before it, allow a party to alter or amend his application, reply, intervention or

other process in such manner and upon such terms as may be just, and all such

amendments shall be made as may be necessary for the purpose of determining the

real questions in controversy in proceedings.

(2) The board may at any time and on such terms as the board may think just,

amend any defect or error in any proceedings, and all necessary amendments shall

be made for the purpose of determining the real question or issue raised by or

depending on the proceedings.

(3) For greater certainty but without limiting the generality of subsections (1)

and (2), in any proceedings before it, the board may, upon such terms as it deems

just, order that the proceedings be amended:

(a) by adding as a party to the proceedings any person or trade union that is

not, but in the opinion of the board ought to be, a party to the proceedings;

(b) by striking out the name of a person or trade union improperly made a

party to the proceedings;

21 TRADE UNION c. T-17


(c) by substituting the name of a person or trade union that in the opinion of

the board ought to be a party to the proceedings for the name of a person or

trade union improperly made a party to the proceedings;

(d) correcting the name of a person or trade union that is incorrectly set

forth in the proceedings.

(4) The board may at any time correct any clerical error in any order or decision

made by the board or any officer or agent of the board.

1972, c.137, s.19.

Notices, how given

20 A notice given for any of the purposes of this Act may be given by prepaid

registered mail addressed to the last known address of the addressee’s residence or

place of business.

1972, c.137, s.20.

No appeal from order or decision of board

21 There is no appeal from an order or decision of the board under this Act, the

board may determine any question of fact necessary to its jurisdiction, and its

proceedings, orders and decisions shall not be reviewable by any court of law or by

any certiorari, mandamus, prohibition, injunction or other proceeding whatever.

1972, c.137, s.21.

Deadline for board decision

21.1(1) Any decision of the board shall be provided to the parties within six

months of the last day of the hearing unless the board is reasonably justified in

requiring more time.

(2) Notwithstanding section 21 and subsection 40(1), any party to a proceeding

before the board may apply to the Court of Queen’s Bench for an order directing the

board to provide its decision if the deadline in subsection (1) has not been met.

(3) Any failure to comply with subsection (1) does not affect the validity of a

decision.

2008, c.26, s.10.

Annual report

21.2(1) In each fiscal year, the board shall, in accordance with The Tabling of

Documents Act, 1991, submit to the minister an annual report on the activities of

the board for the preceding fiscal year.

(2) The minister shall, in accordance with The Tabling of Documents Act, 1991,

lay before the Legislative Assembly each report received by the minister pursuant

to this section.

22 c. T-17 TRADE UNION


(3) Notwithstanding subsection 40(1), the annual report shall include the

following information:

(a) a list of all matters filed with the board;

(b) a list of all decisions rendered by the board;

(c) with respect to each decision listed:

(i) the date the matter was initially filed;

(ii) the date the matter was heard by the board;

(iii) the members of the board that heard the matter; and

(iv) the length of time between the last day of the hearing and the

rendering of the decision; and

(d) a summary, by member, of:

(i) the number of decisions rendered;

(ii) the type of decision whether interim or final disposition; and

(iii) the average period between the last day of a hearing and the

rendering of the decision for each type of decision.

2008, c.26, s.10.

Boards of conciliation

22(1) The minister may establish a board of conciliation to investigate, conciliate

and report upon any dispute between an employer or employers and a trade union

or trade unions, or, if no trade union has been determined under this Act as

representing a majority of the employees concerned, between an employer and any

of his employees affecting any terms or conditions of employment of any employees

of the employer or affecting or relating to the relations between the employer and

all or any of his employees or relating to the interpretation of any agreement or

clause thereof between an employer and a trade union.

(2) The chairperson of the board of conciliation or in his absence the acting

chairperson, has the powers of a commissioner under The Public Inquiries Act and

a board may receive and accept such evidence on oath, affidavit or otherwise as in

its discretion it may deem fit and proper.

1972, c.137, s.22; 1994, c.47, s.10.

Regulations by minister respecting boards of conciliation

23 The minister may make such regulations as he thinks fit in regard to the

establishment of boards of conciliation and the appointment of the members

including the chairperson thereof by the nomination of the parties to the dispute or

by himself and for the sittings, procedure and remuneration of such boards and

publication of the reports of such boards with a view to the rapid disposition of any

dispute.

1972, c.137, s.23; 1994, c.47, s.11.

23 TRADE UNION c. T-17

Special mediator

23.1(1) On the request of either party to a labour-management dispute or on the

minister’s own initiative, the minister may:

(a) appoint a special mediator to investigate, mediate and report to the

minister on any labour-management dispute; and

(b) establish any terms of reference that the minister considers necessary

with respect to any of the following:

(i) the appointment of the special mediator;

(ii) the remuneration to be paid to the special mediator;

(iii) the procedures to be followed by the special mediator;

(iv) the publication of any reports submitted by the special mediator.

(2) A special mediator appointed by the minister:

(a) has the powers of a commissioner pursuant to The Public Inquiries Act;

and

(b) is not bound by the rules of evidence, but may receive and accept any

evidence that the special mediator considers appropriate.

1994, c.47, s.12.

Provision of information

23.2 On the request of an employee, employer or trade union, a labour relations

officer may provide information regarding the rights and responsibilities of

employees, employers and trade unions pursuant to this Act.

1994, c.47, s.12.

Board to determine any dispute on request of parties

24 A trade union representing the majority of employees in a unit of employees

may enter into an agreement with an employer to refer a dispute or disputes or a

class of disputes to the board and the board shall hear and determine any dispute

referred to it by either party pursuant to such agreement and the finding of the

board shall be final and conclusive and shall in regard to all matters within the

legislative jurisdiction of the Legislature of Saskatchewan be binding upon the

parties and enforceable as an order the board made in accordance with this Act.

1972, c.137, s.24.

Powers of arbitration board, binding effect of findings of, etc.

25(1) All differences between the parties to a collective bargaining agreement or

persons bound by the collective bargaining agreement or on whose behalf the

collective bargaining agreement was entered into respecting its meaning, application

or alleged violation, including a question as to whether a matter is arbitrable, are

to be settled by arbitration after exhausting any grievance procedure established

by the collective bargaining agreement.

(1.1) Subsections (1.2) to (4) apply to all arbitrations pursuant to this Act or any

collective bargaining agreement.

24 c. T-17 TRADE UNION


(1.2) The finding of an arbitrator or an arbitration board is:

(a) final and conclusive;

(b) binding on the parties with respect to all matters within the legislative

jurisdiction of the Government of Saskatchewan; and

(c) enforceable in the same manner as an order of the board made pursuant

to this Act.

(2) An arbitrator or the chairperson of an arbitration board, as the case may be,

may:

(a) summon and enforce the attendance of witnesses and compel them to

give oral or written evidence on oath in the same manner as a court of record

in civil cases;

(b) administer oaths;

(c) accept such oral or written evidence as the arbitrator or the arbitration

board, as the case may be, in his or its discretion considers proper, whether

admissible in a court of law or not;

(d) enter any premises where work is being done or has been done by the

employees or in which the employer carries on business or where anything is

taking place or has taken place concerning any of the differences submitted to

him or it, and inspect and view any work, material, machinery, appliance or

article therein, and interrogate any person respecting any such thing or any of

such differences;

(e) authorize any person to do anything that the arbitrator or arbitration

board may do under clause (d) and report to the arbitrator or the arbitration

board thereon.

(f) relieve, on terms that, in the arbitrator’s opinion, are just and reasonable,

against breaches of time limits set out in the collective bargaining agreement

with respect to a grievance procedure or an arbitration procedure;

(g) dismiss or reject an application or grievance or refuse to settle a

difference if, in the opinion of the arbitrator or the arbitration board, there

has been unreasonable delay by the person bringing the application or

grievance or requesting the settlement and the delay has operated to the

prejudice or detriment of the other party; and

(h) encourage settlement of the dispute and, with the agreement of the

parties, may use mediation, conciliation or other procedures to encourage

settlement at any time during the arbitration.

(3) Where an arbitrator or arbitration board determines that an employee has

been discharged or otherwise disciplined by an employer and the collective

agreement governing in whole or in part the employment of the employee by the

employer does not contain a specific penalty for the infraction that is the subjectmatter

of the arbitration, the arbitrator or arbitration board may substitute such

other penalty for the discharge or discipline as to the arbitrator or arbitration

board seems just and reasonable in the circumstances.

(3.1) An arbitrator shall give a decision within 30 days after the conclusion of the

hearing of the matter submitted to arbitration.

25 TRADE UNION c. T-17


(3.2) An arbitration board shall give a decision within 60 days after the

conclusion of the hearing of the matter submitted to arbitration.

(3.3) The time for giving a decision pursuant to subsection (3.1) or (3.2) may be

extended with the consent of the parties to the arbitration.

(3.4) If an arbitrator or arbitration board gives an oral decision:

(a) subsections (3.1) and (3.2) do not apply; and

(b) on the request of either party, the arbitrator or arbitration board shall

give written reasons for the decision within a reasonable time.

(3.5) Subject to subsections (3.6), 26.1(11) and 26.1(12), each of the parties to an

arbitration shall pay an equal share of the remuneration and expenses of an

arbitrator appointed pursuant to this Act.

(3.6) If an arbitrator or arbitration board does not give a decision within the time

required pursuant to subsection (3.1) or (3.2) or an extension of time consented to

pursuant to subsection (3.3), the parties to the arbitration are no longer responsible

for payment of the remuneration and expenses of the arbitrator or arbitration

board.

(4) The Arbitration Act, 1992 does not apply to any arbitration under this Act.

1972, c.137, s.25; 1992, c.A-24.1, s.61; 1994,

c.47, s.13.

Fair representation

25.1 Every employee has the right to be fairly represented in grievance or rights

arbitration proceedings under a collective bargaining agreement by the trade

union certified to represent his bargaining unit in a manner that is not arbitrary,

discriminatory or in bad faith.

1983, c.81, s.8.

Application of arbitration procedure of Act in certain cases

26(1) Subject to section 26.1, the procedure set out in this section applies where a

collective bargaining agreement:

(a) does not provide for final settlement of differences respecting its

meaning, application or alleged violation, including a question as to whether

a matter is arbitrable, by arbitration; or

(b) provides for final settlement of differences respecting its meaning,

application or alleged violation, including a question as to whether a matter is

arbitrable, by arbitration but does not provide for an arbitration procedure.

(2) Where a difference arises between the parties to a collective bargaining

agreement mentioned in subsection (1) respecting its meaning, application or

alleged violation, including a question as to whether a matter is arbitrable, a party

to the collective bargaining agreement, after exhausting any grievance procedure

established by the collective bargaining agreement, may notify the other party in

writing that it intends to submit the difference to arbitration.

26 c. T-17 TRADE UNION


(3) The notice mentioned in subsection (2) must contain the name of the person,

or a list of names of persons, that the party who gives the notice is willing to accept

as a single arbitrator.

(4) Within seven days of receiving a notice mentioned in subsection (2), the party

who receives the notice shall:

(a) notify the party who gives the notice that it accepts the name of an

arbitrator set out in the notice, and the difference shall proceed to arbitration;

or

(b) if it does not accept the name of an arbitrator set out in the notice, notify

the party who gives the notice of that fact and send that party a list of persons

that it is willing to accept as the arbitrator.

(4.1) If the parties cannot agree on an arbitrator within a further period of seven

days, either party may ask the minister to appoint an arbitrator.

(5) A person who:

(a) has a pecuniary interest in a matter before the arbitrator; or

(b) is acting or has, within a period of one year prior to the date on which

notice of intention to submit the matter to arbitration is given, acted as

solicitor, counsel or agent of any of the parties to the arbitration;

is not eligible for appointment as an arbitrator and shall not act as an arbitrator.

(6) Repealed. 1994, c.47, s.14.

(7) Repealed. 1994, c.47, s.14.

(8) The arbitrator shall:

(a) hear:

(i) evidence adduced relating to the difference; and

(ii) argument by the parties or their counsel; and

(b) make a decision on the matter or matters in dispute.

(9) The decision of the arbitrator is binding on the parties and on any person on

whose behalf the collective bargaining agreement was made.

(10) Repealed. 1994, c.47, s.14.

(11) Repealed. 1994, c.47, s.14.

1972, c.137, s.26; 1983, c.66, s.22; 1994, c.47, s.14.

Arbitration by arbitration board

26.1(1) Either party to a collective bargaining agreement mentioned in subsection

26(1) may elect to have a difference between the parties respecting its

meaning, application or alleged violation, including a question as to whether a

matter is arbitrable, determined by an arbitration board in accordance with this

section instead of by a single arbitrator by giving notice to the other party of that

election.

27 TRADE UNION c. T-17


(2) Where a difference arises between the parties to a collective bargaining

agreement mentioned in subsection 26(1) respecting its meaning, application or

alleged violation, including a question as to whether a matter is arbitrable, a party

to the agreement, after exhausting any grievance procedure established by the

agreement, may notify the other party in writing that it intends to submit the

difference to arbitration.

(3) The notice mentioned in subsection (2) shall contain the name of the person

appointed to the arbitration board by the party giving the notice.

(4) Within five days after receiving the notice, the party to whom notice is given

shall:

(a) name the person whom it appoints to the arbitration board; and

(b) furnish the name of its appointee to the party who gave the notice.

(5) A person is not eligible for appointment as a member of the arbitration board,

and shall not act as a member of the arbitration board, if the person:

(a) has a pecuniary interest in a matter before the arbitration board; or

(b) is acting or, within a period of one year prior to the day on which notice of

intention to submit the matter to arbitration is given, has acted as solicitor,

counsel or agent of any of the parties to the arbitration.

(6) The two appointees named by the parties to the agreement shall, within 10

days after the appointment of the second of them, appoint a third member of the

arbitration board who shall be the chairperson of the arbitration board.

(7) Where the party receiving the notice fails to appoint a member of the

arbitration board, the chairperson of the Labour Relations Board, on the request of

a party to the agreement, shall appoint a member on behalf of the party failing to

make an appointment.

(8) Where the two appointees of the parties, including members appointed

pursuant to subsection (7), fail to agree on the appointment of a third member of

the arbitration board within the time specified in subsection (6), the chairperson of

the Labour Relations Board, on the request of a party to the agreement, shall

appoint the third member, and the member so appointed shall be the chairperson

of the arbitration board.

(9) The arbitration board shall:

(a) hear:

(i) evidence adduced relating to the difference; and

(ii) argument by the parties or their counsel; and

(b) make a decision on the matter or matters in dispute.

(10) The decision of the majority of the members of an arbitration board or, where

there is no majority decision, the decision of the chairperson of the arbitration

board shall be the decision of the arbitration board.

(11) Where the chairperson of the Labour Relations Board appoints a member of

an arbitration board pursuant to subsection (7), the party who failed to make the

appointment shall pay the remuneration and expenses of the person so appointed.

28 c. T-17 TRADE UNION


(12) Each of the parties shall pay an equal share of the remuneration and

expenses of a person appointed pursuant to subsection (6) or (8) as the third

member of an arbitration board.

1994, c.47, s.15.

Arbitration re termination or suspension

26.2(1) Whether there is just cause for the termination or suspension of an

employee may be determined by arbitration where:

(a) no collective bargaining agreement is in force;

(b) the board has determined that a trade union represents a majority of

employees in the appropriate unit;

(c) the employee is terminated or suspended for a cause other than shortage

of work; and

(d) the termination or suspension is not, and has not been, the subject of an

application to the board pursuant to clause 11(1)(e).

(2) Where an arbitration is conducted pursuant to subsection (1), it is to be

conducted in accordance with section 26 or 26.3.

(3) The arbitrator shall determine any dispute respecting the application of this

section.

1994, c.47, s.15.

Expedited arbitration

26.3(1) The parties to a collective bargaining agreement may, at any time after

exhausting any grievance procedure established by the collective bargaining

agreement, agree to refer a difference between the parties respecting its meaning,

application or alleged violation, including a question as to whether a matter is

arbitrable, to the minister for resolution by expedited arbitration.

(2) No difference may be referred to the minister pursuant to this section if:

(a) the difference has been referred to arbitration pursuant to the collective

bargaining agreement by either party; or

(b) the time, if any, stipulated in or permitted by the collective bargaining

agreement for referring the difference to arbitration has expired.

(3) If a difference is referred to the minister pursuant to this section, the minister:

(a) shall appoint an arbitrator to hear and determine the matter arising out

of the difference;

(b) shall fix the day, not later than 28 days after the day on which the

difference is referred to the minister, on which the hearing by the arbitrator

will commence; and

(c) if one party so requests and the other party agrees, may appoint a

grievance mediator to assist the parties in settling the grievance before the

hearing.

29 TRADE UNION c. T-17


(4) If a grievance mediator is appointed pursuant to subsection (3), the grievance

mediator shall, within 10 days after the appointment or within any further time

that the minister may allow:

(a) inquire into the difference;

(b) endeavour to assist the parties in settling the difference; and

(c) report to the minister on the results of the inquiry and the success of the

settlement effort.

(5) If a grievance mediator is not appointed pursuant to subsection (3), or if the

parties are unable to settle the difference with the assistance of a grievance

mediator appointed pursuant to subsection (3), the arbitrator appointed pursuant

to subsection (3) shall:

(a) proceed to hear and determine the matter arising out of the difference;

and

(b) subject to subsection (6), issue a decision within 21 days after the

conclusion of the hearing.

(6) If jointly requested to do so by the parties to the difference, the arbitrator

shall, if possible, issue an oral decision within one day after the conclusion of the

hearing and shall issue written reasons within 21 days after the conclusion of the

hearing.

(7) In addition to the powers conferred on arbitrators by this Act, an arbitrator

appointed pursuant to subsection (3) has all the powers and jurisdiction conferred

by the collective bargaining agreement between the parties to the difference.

1994, c.47, s.15.

Grievance mediation

26.4(1) Notwithstanding sections 25 and 26 and any provision in a collective

bargaining agreement, the parties to the collective bargaining agreement may, at

any time after exhausting any grievance procedure established by the collective

bargaining agreement, agree to refer one or more grievances pursuant to the

collective bargaining agreement to a grievance mediator for the purpose of

resolving the grievances in an expeditious and informal manner.

(2) The parties shall not refer a grievance to a grievance mediator unless they

have agreed on the nature of any issues in dispute.

(3) On a joint request by the parties, the minister shall appoint a grievance

mediator.

(4) A grievance mediator appointed by the minister shall begin proceedings

within 10 days after being appointed or on any day that the parties jointly request.

(5) Where the parties jointly request the appointment of a grievance mediator

pursuant to this section, any provisions of the collective bargaining agreement that

impose a limitation of time with respect to the reference of a grievance to

arbitration are deemed to be inoperative.

(6) The grievance mediator shall endeavour to assist the parties to settle the

grievance by mediation.

30 c. T-17 TRADE UNION


(7) If the parties are unable to settle the grievance by mediation, the grievance

mediator shall endeavour to assist the parties to agree on the material facts in

dispute, and then the parties may determine the grievance in accordance with the

arbitration provisions in the collective bargaining agreement, in accordance with

sections 25, 26 or 26.1 or by expedited arbitration.

1994, c.47, s.15.

First collective bargaining agreements

26.5(1) If the board has made an order pursuant to clause 5(b), the trade union

and the employer, or their authorized representatives, must meet and commence

bargaining collectively within 20 days after the order is made, unless the parties

agree otherwise.

(1.1) Either party may apply to the board for assistance in the conclusion of a first

collective bargaining agreement, and the board may provide assistance pursuant to

subsection (6), if:

(a) the board has made an order pursuant to clause 5(a), (b) or (c);

(b) the trade union and the employer have bargained collectively and have

failed to conclude a first collective bargaining agreement; and

(c) one or more of the following circumstances exists:

(i) the trade union has taken a strike vote and the majority of those

employees who voted have voted for a strike;

(ii) the employer has commenced a lock-out;

(iii) the board has made a determination pursuant to clause 11(1)(c)

or (2)(c) and, in the opinion of the board, it is appropriate to assist the

parties in the conclusion of a first collective bargaining agreement

pursuant to subsection (6);

(iv) 90 days or more have passed since the board made an order

pursuant to clause 5(b).

(2) If an application is made pursuant to subsection (1.1), an employee shall not

strike or continue to strike, and the employer shall not lock out or continue to lock

out the employees.

(3) An application pursuant to subsection (1.1) must include a list of the disputed

issues and a statement of the position of the applicant on those issues, including

the applicant’s last offer on those issues.

(4) All materials filed with the board in support of an application pursuant to

subsection (1.1) must be served on the other party within 24 hours after filing the

application with the board.

(5) Within 14 days after receiving the information mentioned in subsection (4),

the other party must:

(a) file with the board a list of the issues in dispute and a statement of the

position of that party on those issues, including that party’s last offer on those

issues; and

(b) serve on the applicant a copy of the list and statement.

31 TRADE UNION c. T-17


(6) On receipt of an application pursuant to subsection (1.1):

(a) the board may require the parties to submit the matter to conciliation if

they have not already done so; and

(b) if the parties have submitted the matter to conciliation or 120 days have

elapsed since the appointment of a conciliator, the board may do any of the

following:

(i) conclude, within 45 days after undertaking to do so, any term or

terms of a first collective bargaining agreement between the parties;

(ii) order arbitration by a single arbitrator to conclude, within 45 days

after the date of the order, any term or terms of the first collective

bargaining agreement.

(7) Before concluding any term or terms of a first collective bargaining agreement,

the board or a single arbitrator may hear:

(a) evidence adduced relating to the parties’ positions on disputed issues;

and

(b) argument by the parties or their counsel.

(8) Notwithstanding section 33 but subject to subsections (9) and (10), the expiry

date of a collective bargaining agreement concluded pursuant to this section is

deemed to be two years from its effective date or any other date that the parties

agree on.

(9) Notwithstanding section 33 not less than 30 days or more than 60 days before

the expiry date of a collective bargaining agreement concluded pursuant to this

section, either party may give notice in writing to terminate the agreement or to

negotiate a revision of the agreement.

(10) Where a notice is given pursuant to subsection (9), the parties shall

immediately bargain collectively with a view to the renewal or revision of the

agreement or the conclusion of a new agreement.

1994, c.47, s.15; 2005, c.30, s.7.

List of arbitrators

26.6(1) The Lieutenant Governor in Council, on the recommendation of the

minister after consultation with labour organizations and employer associations,

shall establish a list of arbitrators who are designated to conduct arbitrations

pursuant to this Act or a collective bargaining agreement.

(2) n.y.p.

1994, c.47, s.15.

(2) Where the minister or the board is required to appoint an arbitrator

pursuant to this Act or a collective bargaining agreement, that appointment

must be made from the list established pursuant to subsection (1).

1994, c.47, s.15, n.y.p.

32 c. T-17 TRADE UNION


Trade union not deemed unlawful

27 A trade union and the acts thereof shall not be deemed to be unlawful by

reason only that one or more of its objects are in restraint of trade.

1972, c.137, s.27.

Acts done by two or more members

28 An act done by two or more members of a trade union, if done in contemplation

or furtherance of a trade dispute, shall not be actionable unless the act would be

actionable if done without any agreement or combination.

1972. c.137, s.28.

Capacity of union to sue, etc.

29 For the purposes of this Act, every trade union is deemed to be a person, and

may sue or be sued and prosecute or be prosecuted under its own name.

1983, c.81, s.9.

30 Repealed. 1983, c.81, s.10.

Copies of collective bargaining agreements, amendments, to be filed with minister

31 Each of the parties to a collective bargaining agreement or any document

altering, modifying or amending a collective bargaining agreement or any

provision thereof or contained therein shall forthwith upon execution of the

agreement or document file one copy thereof with the minister and the copies so

filed shall be made available by the minister for inspection by any person.

1972, c.137, s.31.

Employer to deduct trade union dues from wages

32(1) Upon the request in writing of an employee, and upon request of a trade

union representing the majority of employees in any bargaining unit of his

employees, the employer shall deduct and pay in periodic payments out of the

wages due to the employee, to the person designated by the trade union to receive

the same, the union dues, assessments and initiation fees of the employee, and the

employer shall furnish to that trade union the names of the employees who have

given such authority.

(2) Failure to make payments and furnish information required by subsection (1)

is an unfair labour practice.

1972, c.137, s.32.

Period for which collective bargaining agreements are to remain in force

33(1) Except as hereinafter provided, every collective bargaining agreement,

whether heretofore or hereafter entered into, shall remain in force for the term of

operation provided therein and thereafter from year to year.

33 TRADE UNION c. T-17


(2) Where a collective bargaining agreement:

(a) does not provide for its term of operation;

(b) provides for an unspecified term; or

(c) provides for a term of less than one year;

the agreement shall be deemed to provide for its operation for a term of one year

from its effective date.

(3) Repealed. 2008, c.26, s.11.

(4) Either party to a collective bargaining agreement may, not less than 30 days

or more than 60 days before the expiry date of the agreement, give notice in writing

to the other party to negotiate a revision of the agreement and where a notice is

given the parties shall forthwith bargain collectively with a view to the renewal or

revision of the agreement or the conclusion of a new agreement.

(5) A trade union claiming to represent a majority of employees in the appropriate

unit of employees or any part thereof to which a collective bargaining agreement

applies may, not less than 30 days or more than 60 days before the anniversary

date of the agreement, apply to the board for an order determining it to be the trade

union representing a majority of employees in the appropriate unit of employees to

which the agreement applies, or in any part thereof, and if the board makes such

order the employer shall forthwith bargain collectively with that trade union and

the former agreement shall be of no force or effect insofar as it applies to any unit of

employees in which that trade union has been determined as representing a

majority of the employees.

1972, c.137, s.33; 1983, c.81, s.11; 1994, c.47, s.16;

2008, c.26, s.11.

Rights of parties after expiry of collective bargaining agreement

34(1) Notwithstanding anything contained in any collective bargaining agreement

heretofore entered into or, except as otherwise specifically provided therein,

hereafter entered into, where either party to such agreement gives or has given

notice in writing pursuant to subsection 33(4) to negotiate a revision of the

agreement, the employees in respect of whom the agreement applies and the

employer of such employees may, after this section comes into force and after the

expiry of the term of operation provided in the agreement, commence to strike or

commence a lock-out, as the case may require.

(2) Repealed. 1994, c.47, s.17.

1976-77, c.89, s.1; 1994, c.47, s.17.

Power to vary expiry dates of collective bargaining agreements in certain cases

35 Notwithstanding section 33, where a trade union is, by its locals, councils or

otherwise a party to two or more collective bargaining agreements affecting

employees employed by the same employer in two or more plants or establishments

and the expiry dates of the agreements are not the same, the board may, upon

application of the trade union or the employer, and having due regard for the

interests of all parties that might be affected, by order fix a date as the expiry date

of all the agreements, and the date so fixed shall, notwithstanding anything in any

of the agreements, be the expiry date of each of the agreements.

1972, c.137, s.34.

34 c. T-17 TRADE UNION


Union security

36(1) Upon the request of a trade union representing a majority of employees in

any appropriate unit, the following clause shall be included in any collective

bargaining agreement entered into between that trade union and the employer

concerned, and, whether or not any collective bargaining agreement is for the time

being in force, the said clause shall be effective and its terms shall be carried out by

that employer with respect to such employees on and after the date of the trade

union’s request until such time as the employer is no longer required by or

pursuant to this Act to bargain collectively with that trade union:

Every employee who is now or hereafter becomes a member of the union shall

maintain his membership in the union as a condition of his employment, and

every new employee whose employment commences hereafter shall,

within 30 days after the commencement in his employment, apply for and

maintain membership in the union, and maintain membership in the union

as a condition of his employment, provided that any employee in the

appropriate bargaining unit who is not required to maintain his membership

or apply for and maintain his membership in the union shall, as a condition of

his employment, tender to the union the periodic dues uniformly required to

be paid by the members of the union;

and the expression “the union” in the clause shall mean the trade union making

such request.

(2) Failure on the part of any employer to carry out the provisions of subsection

(1) shall be an unfair labour practice.

(3) Where membership in a trade union or labour organization is a condition of

employment and:

(a) membership in the trade union is not available to an employee on the

same terms and conditions generally applicable to other members; or

(b) an employee is denied membership in the trade union or his membership

is terminated for reasons other than the failure of the employee to tender the

periodic dues, assessment and initiation fees uniformly required to be paid by

all other members of the trade union as a condition of acquiring or

maintaining membership;

the employee, if he tenders payment of the periodic dues, assessments and

initiation fees uniformly required as a condition of acquiring and maintaining

membership:

(c) shall be deemed to maintain his membership in the trade union for

purposes of this section; and

(d) shall not lose his membership in the trade union for purposes of this

section for failure to pay any dues, assessments and initiation fees that are

not uniformly required of all members or that in their application discriminate

against any member or members.

(4) Notwithstanding subsection (3), a trade union may assess or fine any of its

members who has worked for the struck employer during a strike held in

compliance with this Act a sum of not more than the net earnings that employee

earned during that strike.

35 TRADE UNION c. T-17


(5) No trade union shall require any member to pay an assessment or fine

pursuant to subsection (4) unless the constitution of the trade union provides for

the assessment or fine prior to the commencement of the strike.

(6) A fine imposed on a member pursuant to subsection (4) with respect to an

action that takes place after the coming into force of this subsection is deemed to be

a debt due and owing to the trade union and may be recovered in the same manner

as a debt owed pursuant to a contract in a court of competent jurisdiction.

1972, c.137, s.35; 1983, c.81, s.12; 1994, c.47, s.18.

Employee-trade union disputes

36.1(1) Every employee has a right to the application of the principles of natural

justice in respect of all disputes between the employee and the trade union certified

to represent his bargaining unit relating to matters in the constitution of the trade

union and the employee’s membership therein or discipline thereunder.

(2) Every employee shall be given reasonable notice of union meetings at which

he is entitled to attend.

(3) No employee shall unreasonably be denied membership in a trade union.

1983, c.81, s.13.

Transfer of obligations

37(1) Where a business or part thereof is sold, leased, transferred or otherwise

disposed of, the person acquiring the business or part thereof shall be bound by all

orders of the board and all proceedings had and taken before the board before the

acquisition, and the orders and proceedings shall continue as if the business or part

thereof had not been disposed of, and, without limiting the generality of the

foregoing, if before the disposal a trade union was determined by an order of the

board as representing, for the purpose of bargaining collectively, any of the

employees affected by the disposal or any collective bargaining agreement affecting

any of such employees was in force the terms of that order or agreement, as the case

may be, shall, unless the board otherwise orders, be deemed to apply to the person

acquiring the business or part thereof to the same extent as if the order had

originally applied to him or the agreement had been signed by him.

(2) On the application of any trade union, employer or employee directly affected

by a disposition described in this section, the board may make orders doing any of

the following:

(a) determining whether the disposition or proposed disposition relates to a

business or part of it;

(b) determining whether, on the completion of the disposition of a business

or of part of the business, the employees constitute one or more units

appropriate for collective bargaining and whether the appropriate unit or

units will be:

(i) an employee unit;

(ii) a craft unit;

(iii) a plant unit;

(iv) a subdivision of an employee unit, craft unit or plant unit; or

(v) some other unit;

36 c. T-17 TRADE UNION


(c) determining what trade union, if any, represents a majority of employees

in the unit determined to be an appropriate unit pursuant to clause (b);

(d) directing a vote to be taken among all employees eligible to vote in a unit

determined to be an appropriate unit pursuant to clause (b);

(e) amending, to the extent that the board considers necessary or advisable,

an order made pursuant to clause 5(a), (b) or (c) or the description of a unit

contained in a collective bargaining agreement;

(f) giving any directions that the board considers necessary or advisable as

to the application of a collective bargaining agreement affecting the employees

in a unit determined to be an appropriate unit pursuant to clause (b).

1972, c.137, s.36; 1994, c.47, s.19.

Deemed sale of business

37.1(1) In this section, “services” means cafeteria or food services, janitorial or

cleaning services or security services that are provided to:

(a) the owner or manager of a building owned by the Government of

Saskatchewan or a municipal government; or

(b) a hospital, university or other public institution.

(2) For the purposes of section 37, a sale of a business is deemed to have occurred

if:

(a) employees perform services at a building or site and the building or site

is their principal place of work;

(b) the employer of employees mentioned in clause (a) ceases, in whole or in

part, to provide the services at the building or site; and

(c) substantially similar services are subsequently provided at the building

or site under the direction of another employer.

(3) For the purposes of section 37, the employer mentioned in clause (2)(c) is

deemed to be the person acquiring the business or part of the business.

1994, c.47, s.20.

Application of section 37 to certain businesses

37.2 Unless the board orders otherwise, if collective bargaining relating to a

business is governed by the laws of Canada, and the business or part of it becomes

subject to the laws of Saskatchewan, section 37 applies, with any necessary

modification, and the person owning or acquiring the business or part of it is bound

by any collective bargaining agreement in force when the business becomes subject

to the laws of Saskatchewan.

1994, c.47, s.20.

37 TRADE UNION c. T-17


Related businesses

37.3(1) On the application of an employer affected or a trade union affected, the

board may declare more than one corporation, partnership, individual or association

to be one employer for the purposes of this Act if, in the opinion of the board,

associated or related businesses, undertakings or other activities are carried on

under common control or direction by or through those corporations, partnerships,

individuals or associations.

(2) Subsection (1) applies only to corporations, partnerships, individuals or

associations that have common control or direction on or after October 28, 1994.

2005, c.30, s.8.

Continuation of obligations

38 Where an employer has by an order of the board been required to bargain

collectively, he shall, while the order remains in force continue to be subject to the

order and to any collective bargaining agreement entered into pursuant thereto

notwithstanding that after the making of the order and while a collective

bargaining agreement remains in force he at any time or from time to time ceases

to be an employer within the meaning of this Act and the collective bargaining

agreement shall while it remains in force continue to apply at all times during

which he is an employer within the meaning of this Act.

1972, c.137, s.37.

Change of name of trade union consequent upon amalgamation, etc.

39 Except where otherwise ordered by the board:

(a) no order of the board, collective bargaining agreement or proceeding had

or taken under this Act shall be rendered void, terminated, abrogated or

curtailed in any way by reason only of:

(i) a change in the name of a trade union;

(ii) the amalgamation, merger or affiliation of a trade union or any part

thereof with another trade union; or

(iii) the transfer or assignment by a trade union of its rights or any of

its rights under or with respect to any such order, agreement or

proceeding to another trade union; and

(b) where a trade union has, as a result of an amalgamation, merger or

affiliation with another trade union changed its name, all such orders,

agreements and proceedings and all records pertaining to the trade union

shall, on and from the effective date of the amalgamation, merger or

affiliation and without any order of the board, be deemed to be amended by

the substitution of the new name of the trade union for the former name

wherever it occurs, and, notwithstanding the change of name, amalgamation,

merger, affiliation, transfer or assignment, all such orders, agreements and

proceedings shall inure to the benefit of the successor, transferee or assignee,

as the case may be, and shall apply to all persons affected thereby.

1972, c.137, s.38; 1984-85-86, c.16, s.39.

38 c. T-17 TRADE UNION


Certain information, etc., privileged

40(1) Information obtained for the purpose of this Act in the course of his duties

by:

(a) a member of the board;

(b) a member of a board of conciliation;

(c) the executive officer of the board;

(d) a conciliation officer of the department over which the minister presides;

(e) a special mediator appointed pursuant to section 23.1;

(f) a grievance mediator appointed pursuant to subsection 26.3(3) or to

whom a grievance is referred pursuant to section 26.4;

(g) an arbitrator or a member of an arbitration board, with respect to an

arbitration of a matter governed by this Act

shall not be open to inspection by any person or by any court.

(2) None of the persons mentioned in subsection (1) shall be required by any court

or the board to give evidence about information obtained for the purposes of this

Act in the course of his or her duties.

1972, c.137, s.39; 1988-89, c.42, s.105; 1994,

c.47, s.21.

Application of Acts of Canada, etc., to certain employees and employers

41(1) The Lieutenant Governor in Council may by order declare that any Act of the

Parliament of Canada and any order of the Governor General in Council, whether

heretofore or hereafter enacted or made, relating to matters dealt with by this Act

shall apply in place of this Act in respect of the employees employed upon or in

connection with any work, undertaking or business in the province or in any part

thereof, and in respect of the employer or employers of such employees, and any

such order, upon its publication in The Saskatchewan Gazette or upon such later

date as may be named therein, shall have same effect as if enacted in this Act.

(2) The minister, on behalf of the province with the approval of the Lieutenant

Governor in Council, may enter into an agreement with the Minister of Labour of

Canada or any other person or persons duly authorized in that behalf by the

Parliament of Canada, to provide for the administration of any Act of the

Parliament of Canada and of any order of the Governor General in Council

described in subsection (1) in regard to the employees and employer in respect of

whom such Act or order in council may be declared to apply pursuant to

subsection (1).

1972, c.137, s. 40.

Powers and duties of board

42 The board shall exercise such powers and perform such duties as are conferred

or imposed on it by this Act, or as may be incidental to the attainment of the objects

of this Act including, without limiting the generality of the foregoing, the making of

orders requiring compliance with the provisions of this Act, with any regulations

made under this Act or with any decision in respect of any matter before the board.

1972, c.137, s. 41; 1989-90, c.54, s.6.

39 TRADE UNION c. T-17


Technological change in employers’ businesses, etc.

43(1) In this section, “technological change” means:

(a) the introduction by an employer into the employer’s work, undertaking

or business of equipment or material of a different nature or kind than

previously utilized by the employer in the operation of the work, undertaking

or business;

(b) a change in the manner in which the employer carries on the work,

undertaking or business that is directly related to the introduction of that

equipment or material; or

(c) the removal or relocation outside of the appropriate unit by an employer

of any part of the employer’s work, undertaking or business.

(1.1) Nothing in this section limits the application of clause 2(f) and

sections 37, 37.1, 37.2 and 37.3 or the scope of the obligations imposed by those

provisions.

(2) An employer whose employees are represented by a trade union and who

proposes to effect a technological change that is likely to affect the terms,

conditions or tenure of employment of a significant number of such employees shall

give notice of the technological change to the trade union and to the minister at

least ninety days prior to the date on which the technological change is to be

effected.

(3) The notice mentioned in subsection (2) shall be in writing and shall state:

(a) the nature of the technological change;

(b) the date upon which the employer proposes to effect the technological

change;

(c) the number and type of employees likely to be affected by the technological

change;

(d) the effect that the technological change is likely to have on the terms and

conditions or tenure of employment of the employees affected; and

(e) such other information as the minister may by regulation require.

(4) The minister may by regulation specify the number of employees or the

method of determining the number of employees that shall be deemed to be

“significant” for the purpose of subsection (2).

(5) Where a trade union alleges that an employer has failed to comply with

subsection (2), and the allegation is made not later than thirty days after the trade

union knew, or in the opinion of the board ought to have known, of the failure of the

employer to comply with that subsection, the board may, after affording an

opportunity to the parties to be heard, by order;

(a) direct the employer not to proceed with the technological change for such

period not exceeding ninety days as the board considers appropriate;

(b) require the reinstatement of any employee displaced by the employer as

a result of the technological change; and

40 c. T-17 TRADE UNION


(c) where an employee is reinstated pursuant to clause (b), require the

employer to reimburse the employee for any loss of pay suffered by the

employee as a result of his displacement.

(6) Where a trade union makes an allegation pursuant to subsection (5), the

board may, after consultation with the employer and the trade union, make such

interim orders under subsection (5) as the board considers appropriate.

(7) An order of the board made under clause (a) of subsection (5) is deemed to be a

notice of technological change given pursuant to subsection (2).

(8) Where a trade union receives notice of a technological change given, or

deemed to have been given, by an employer pursuant to subsection (2), the trade

union may, within thirty days from the date on which the trade union received the

notice, serve notice on the employer in writing to commence collective bargaining

for the purpose of developing a workplace adjustment plan.

(8.1) On receipt of a notice pursuant to subsection (8), the employer and the trade

union shall meet for the purpose of bargaining collectively with respect to a

workplace adjustment plan.

(8.2) A workplace adjustment plan may include provisions with respect to any of

the following:

(a) consideration of alternatives to the proposed technological change,

including amendment of provisions in the collective bargaining agreement;

(b) human resource planning and employee counselling and retraining;

(c) notice of termination;

(d) severance pay;

(e) entitlement to pension and other benefits, including early retirement

benefits;

(f) a bipartite process for overseeing the implementation of the workplace

adjustment plan.

(8.3) Not later than 45 days after receipt by the trade union of a notice pursuant

to subsection (2), the employer or the trade union may request the minister to

appoint a conciliator to assist the parties in bargaining collectively with respect to

a workplace adjustment plan.

(9) Repealed. 1994, c.47, s.22.

(10) Where a trade union has served notice to commence collective bargaining

under subsection (8), the employer shall not effect the technological change in

respect of which the notice has been served unless:

(a) a workplace adjustment plan has been developed as a result of bargaining

collectively; or

(b) the minister has been served with a notice in writing informing the

minister that the parties have bargained collectively and have failed to

develop a workplace adjustment plan.

(c) Repealed. 1994, c.47, s.22.

41 TRADE UNION c. T-17


(11) This section does not apply where a collective bargaining agreement

contains provisions that specify procedures by which any matter with respect to

the terms and conditions or tenure of employment that are likely to be affected by

a technological change may be negotiated and settled during the term of the

agreement.

(12) On application by an employer, the board may make an order relieving the

employer from complying with this section if the board is satisfied that the

technological change must be implemented promptly to prevent permanent

damage to the employer’s operations.

1972, c.133, s.2; 1994, c.47, s.22.

Prohibition re lock-out during term of agreement

44(1) No employer shall cause a lock-out during the term of a collective

bargaining agreement.

(2) No employee bound by a collective bargaining agreement shall strike during

the term of the collective bargaining agreement and no person, employee or trade

union shall declare, authorize or participate in a strike during that term or counsel

a strike to be effective during that term.

1983, c.81, s.14.

Vote on employer’s final offer

45(1) Where a strike has continued for 30 days:

(a) the trade union;

(b) the employer; or

(c) any employees of the employer involved in the strike where those

employees represent at least 25% of the bargaining unit or 100 employees,

whichever is less;

may apply to the minister for the appointment of a special mediator pursuant to

section 23.1.

(1.1) A special mediator appointed for the purposes of subsection (1), in addition

to the powers conferred by section 23.1, may:

(a) investigate and meet with any or all of the parties to a labourmanagement

dispute; and

(b) if the special mediator considers it advisable, recommend that the board

conduct a vote among the striking employees to determine whether a

majority of the employees voting, whose ballots are not spoiled, are in favour

of accepting the employer’s final offer and returning to work.

(2) On the recommendation of a special mediator pursuant to clause (1.1)(b), the

board shall conduct the vote recommended, and subsection 11(8) applies, with any

necessary modification, to the vote.

(3) Every employee who is involved in the strike and who has not secured

permanent employment elsewhere is entitled to vote for the purposes of this

section.

42 c. T-17 TRADE UNION


(4) No more than one vote in respect of the same strike shall be held or conducted

under this section.

(5) Where, pursuant to this section, employees have voted to accept an employer’s

final offer and to return to work, the employer shall not withdraw that offer.

1983, c.81, s.14; 1994, c.47, s.23.

Reinstatement of employees after strike or lock-out

46(1) Following the conclusion of a strike or lock-out, where an employer and a

trade union have not reached an agreement for reinstating striking or locked-out

employees, the employer shall reinstate striking or locked-out employees in

accordance with this section.

(2) Subject to subsection (3), an employer shall reinstate each striking or lockedout

employee to the position that the employee held when the strike or lock-out

began.

(3) If there is not sufficient work for all striking or locked-out employees after the

conclusion of a strike or lock-out, the employer shall:

(a) reinstate striking or locked-out employees:

(i) in accordance with any provisions in the collective bargaining

agreement respecting recall based on seniority as defined in the

collective bargaining agreement in force in that bargaining unit; or

(ii) where there are no provisions in the collective bargaining agreement

respecting recall based on seniority, in accordance with each employee’s

length of service, as determined when the strike or lock-out began, in

relation to the length of service of other employees in the bargaining unit

who were employed when the strike or lock-out began; and

(b) provide to striking or locked-out employees who are not reinstated notice

of layoff or pay in lieu of notice:

(i) in accordance with the collective bargaining agreement;

(ii) in accordance with a back-to-work protocol agreed to by the employer

and the trade union, notwithstanding The Labour Standards Act; or

(ii) where there is no collective bargaining agreement in force, in

accordance with The Labour Standards Act.

(4) Striking or locked-out employees are entitled to displace any persons who

were hired to perform the work of striking or locked-out employees during the

strike or lock-out.

(5) An employer is not in violation of subsection (2) or (3) if an arbitrator or

arbitration board decides that a failure to reinstate an employee is for a cause for

which the employee might have been discharged.

(6) Notwithstanding any provision in a collective bargaining agreement, the time

worked by an employee during a strike or lock-out shall not constitute accrued

service for the purposes of computing seniority unless the employee was working

with the consent of the trade union.

1994, c.47, s.24.

43 TRADE UNION c. T-17


Benefits during strike or lock-out

47(1) In this section, “benefit plan” means a medical, dental, disability or life

insurance plan or other similar plan.

(2) During a strike or lock-out, the trade union representing striking or lockedout

employees in a bargaining unit may tender payments to the employer or to a

person who was, before the strike or lock-out, obliged to receive the payment:

(a) in amounts sufficient to continue the employees’ membership in a benefit

plan; and

(b) on or before the regular due dates of those payments.

(3) The employer or other person mentioned in subsection (2) shall accept any

payment tendered by the trade union in accordance with subsection (2).

(4) No person shall cancel or threaten to cancel an employee’s membership in

benefit plans, including coverage under insurance plans, if the trade union tenders

payment in accordance with subsection (2).

(5) On the request of the trade union, the employer shall provide the trade union

with any information required to enable the trade union to make the payments

mentioned in subsection (2).

1994, c.47, s.24.

44 c. T-17 TRADE UNION


REGINA, SASKATCHEWAN

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