Canada: Labour Law - Saskatchewan

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP
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)
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

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