This enactment amends the Canada Labour Code to clarify what constitutes dominating or influencing a trade union by an employer, or a person acting on behalf of an employer, and to provide that any trade union that is so dominated or influenced will lose its certification. It also provides penalties to be imposed on employers who dominate or influence trade unions.

Preamble

Whereas collective bargaining is a cornerstone of fair labour relations in Canada;

Whereas workers have the right to freely choose representatives that act independently of their employer;

Whereas employer domination and influence over trade unions undermine that right, suppress wages, and erode trust in the collective bargaining process;

And whereas Parliament recognizes the need to ensure that every certified bargaining agent in Canada is independent, democratic and accountable to its members;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Where certification prohibited

25 (1) Notwithstanding anything in this Part, the Board shall not certify a trade union as the bargaining agent for any unit comprised of employees of the employer and any collective agreement between the trade union and the employer that applies to any such employees shall be deemed not to be a collective agreement for the purposes of this Part Insertion start if Insertion end the Board is satisfied that the trade union is dominated or influenced by an employer Insertion start or a person acting on behalf of an employer, within the meaning of subsection 94(1.‍1) Insertion end .

• Start of inserted block

  (d) is satisfied, as of the date of the filing of the application or of any other date that the Board considers appropriate, that the trade union is not dominated or influenced by an employer or a person acting on behalf of an employer, within the meaning of subsection 94(1.‍1), and is governed by members who are elected by employees in the unit that the trade union proposes to represent as bargaining agent.

  End of inserted block

Application where employer domination or influence

40.‍1 (1) If a trade union has been certified as the bargaining agent for a bargaining unit, any group of employees who claim that the trade union is dominated or influenced by an employer or a person acting on behalf of an employer, within the meaning of subsection 94(1.‍1), may, at any time, apply to the Board for an order revoking the certification of that trade union.

Inquiry

(2) The Board may, on its own initiative, hold an inquiry to determine if the trade union is dominated or influenced by an employer or a person acting on behalf of an employer, but it must do so if at least 25% of the employees in a bargaining unit represented by the trade union make a written application under subsection (1).

No application during strike or lockout

(3) Except with the consent of the Board, an application under subsection (1) must not be made in respect of a bargaining agent for employees in a bargaining unit during a strike or lockout that is not prohibited by this Part and that involves those employees.

Revocation of certification

(4) If, after the Board’s inquiry, the Board is satisfied that the trade union is dominated or influenced by an employer or a person acting on behalf of an employer, the Board shall, by order, revoke the certification of the trade union as the bargaining agent for the bargaining unit.

Application for revocation of certification of a council of trade unions

41 (1)  Insertion start If Insertion end a council of trade unions has been certified as the bargaining agent for a bargaining unit, in addition to any circumstances in which an application for revocation of the certification of the council of trade unions may be made Insertion start under Insertion end section 38 or subsection 40(1) Insertion start or 40.‍1(1) Insertion end , any employee in the bargaining unit, the employer of the employees in the bargaining unit or a trade union that forms part of the council of trade unions may apply to the Board for revocation of the certification on the ground that the council of trade unions no longer meets the requirements for certification of a council of trade unions.

Effect of revocation or declaration

42  Insertion start If Insertion end the Board makes an order under section 39, subsection 40(2) Insertion start or 40.‍1(4) Insertion end or section 41 revoking the certification of a trade union or council of trade unions, or declaring that a trade union is not entitled to represent the employees in a bargaining unit,

Prohibition on employer domination or influence

94 (1) No employer or person acting on behalf of an employer shall Insertion start dominate or influence a trade union Insertion end .

Domination or influence

(1.‍1) An employer or a person acting on behalf of an employer dominates or influences a trade union if they, directly or indirectly,

• (a) participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; or

• (b) contribute financial or other support to a trade union.

Prohibition against domination or influence

100.‍01 Every employer who contravenes subsection 94(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.

Administrative monetary penalties

111.‍01 (1) The Governor in Council may make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with subsections 94( Insertion start 1 Insertion end ), (4) and (6), including regulations

• (a) designating as a violation the contravention of subsection 94( Insertion start 1 Insertion end ), (4) or (6);