The Saskatchewan Employment Act is the legislative framework governing all aspects of employment in Saskatchewan. One of those aspects involves the acquisition, removal or amendments to certification orders, granting bargaining rights to bargaining agents in respect of the Act. The Saskatchewan Labour Relations Board administers all aspects of these processes as well as other aspects of those indicated in the Act. The Labour Relations and Workplace Safety’s Labour Relations and Mediation Division does not have a role in those processes.
Certification of Bargaining Rights
Certification Orders are issued by the Saskatchewan Labour Relations Board and establishes the bargaining agent and the bargaining unit. If there is no Certification Order, there is no ability to achieve a collective agreement as defined in The Saskatchewan Employment Act. A union may acquire bargaining rights through a Certification Order issued by the Saskatchewan Labour Relations Board. That process is outlined at Part VI, 6-9 which describes acquisition, changes and cancellation of Orders. The certification Order also creates the legal bargaining relationship in which a collective agreement is initially bargained and subsequently renewed.
The acquisition or cancellation, and possibly an amendment to any Certification Order, may require a representational vote. That process is carried out by the Saskatchewan Labour Relations Board.
Certification Orders may be cancelled upon application by an employee or employer (subject to a representational vote) and if an unfair labour practice is determined to have occurred, initiated by the bargaining agent or their representative. It may also be cancelled if the bargaining agent or an employee asserts the bargaining agent has not promoted or enforced bargaining rights for three years or more.
Finally, an employee can seek the cancellation 24 months after the initial Certification Order is issued and not sooner than 12 months following a similar application’s determination to dismiss same. If these limitations are met, the Board may direct a vote if compliant with Part VI, 6-9.
Renewal or Revision of Collective Agreements
Before the expiry of a collective agreement, either part to the collective agreement may give notice in writing to the other party to negotiate a renewal or revision to the collective agreement. The written notice cannot be less than 60 days or more than 120 days before the expiry date of the collective agreement.
If written notice is given, all parties shall immediately engage in collective bargaining with a view to concluding a renewal or revision of a collective agreement.
For More Information
For more information on the acquisition, amendment or cancellation of a Certification Order, please visit the Saskatchewan Labour Relations Board’s website www.sasklabourrelationsboard.com or contact them at 306.787.2406.