Canada - Labour and Employment - Labour Law

SASKATCHEWAN	*The Saskatchewan Employment Act,* SS 2013, c S-15.1
Certification/De-certification	Certification Union may at any time apply to the board to be certified as bargaining agent for a unit of employees that is appropriate for collective bargaining 6-9(1) Union shall establish that it has 45% or more of the employees in the unit favour the applicant as their bargaining agent and file evidence with the board of that fact 6-9(2) Board to decide whether the unit in question is appropriate for collective bargaining, and may add or subtract employees from a unit in making that decision 6-11 Before issuing a certification order, the board shall direct a vote of all employees eligible to vote to determine whether the union should be certified as the bargaining agent 6-12 Where a vote is taken and the board is satisfied that a majority of the employees favour certification, a certification order may be given 6-13 Cancellation of Certification Certification may be cancelled where the board, on application, is convinced that the union is no longer a union or the union no longer exists 6-14 Certification may be cancelled where it is established that the union contravened the Act or engaged in an unfair labour practice before the certification was granted 6-15 If the board believes that the contravention didn't affect certification, it may hold a vote of the employees 6-15(2) to determine whether the union shall remain the bargaining agent Certification may be cancelled where, on application of an employee, it is established that 45% or more of the employees in the union wish for it to be de-certified, and in such an event a vote will be had and the will of the majority of the employees shall govern 6-17(3)
Collective Bargaining Rules	In the event that a first collective agreement is at issue, parties shall meet within 20 days of board certification of a union, and commence collective bargaining with a view to concluding a collective agreement 6-24 Parties may apply to the board for assistance in concluding a first collective agreement 6-25(1) For renewal or revision of a collective agreement, either party may give notice not between 60 and 120 days before the expiry of the collective agreement 6-26(2)
Dispute Resolution in Collective Agreements	All disputes within a collective agreement are to be settled by arbitration after exhausting any grievance procedure established by the collective agreement 6-45(1) After exhausting all grievance procedures in the collective agreement, the parties may request that the director of labour relations appoint a labour relations officer to assist the parties to resolve the dispute 6-53(1)
Conciliation	Either party may request to have a labour relations officer appointed to investigate, mediate and report to the minister on the labour-management dispute 6-27 Either party may request to have a special mediator investigate, mediate and report to the minister with respect to a labour-management dispute 6-28 Either party may request to establish a conciliation board to investigate, conciliate and report to the minister on the dispute 6-29
Strike / Lock-out Procedures	Strikes and lock-outs are prohibited during the term of a collective agreement 6-30 Strikes and lock-outs are prohibited before the parties have engaged in collective bargaining 6-31 Unions may not authorize a strike before a vote has been taken and a majority of the employees favour a strike 6-32 Before a strike, parties must notify the Minister that they have reached an impasse. At an impasse the minister shall appoint a labour relations officer, a special mediator, or a conciliation board to conciliate the dispute 6-33(1)-(2) No strike or lock-out until these procedures are exhausted Either party may, at any time during a collective bargaining, require a vote on the employers last offer 6-35 and if a majority of support is received, a collective agreement is formed on those terms 6-35(6)
Unfair Labour Practices	6-62(1) Employers may not Interfere, restrain, intimidate or coerce an employee exercising a right under the Act Discriminate or interfere in the formation of a labour union Engage in collective bargaining with a union that is dominated by the employer Fail or refuse to engage in collective bargaining with a valid bargaining agent Discriminate with respect to hiring or term of employment with a view to encouraging or discouraging membership in a labour union Require as a condition of employment that a person abstain from joining a labour union Maintain a system of industrial espionage Threaten to shut down or move a plant in the course of a dispute 6-63(1) Unions may not Interfere, threaten or coerce an employee with a view of encouraging or discouraging membership in a labour union Commence to take part in or persuade an employee to take part in a strike while any application is pending Fail or refuse to engage in collective bargaining with the employer Declare a strike without the support of the majority of the employees To use coercion or intimidation of any kind against an employee with a view to discouraging activity that might lead to the cancellation of a certification order
Statutory Tribunal	Labour Relations Board Powers Board may conduct any investigation, inquiry or hearing that it considers appropriate 6-103(2) 6-104(2) the board may: Require parties to engage in collective bargaining Determine whether unfair labour practices have been engaged in Require an employer to reinstate a terminated employee in an unfair labour practice Fix or determine the monetary loss suffered by an employee as a result of a contravention of the Act Board shall not certify a union where the union is dominated by an employer or a person acting on behalf of the employer 6-104(3)

Labour Law - Saskatchewan

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