Section 6-35 of The Saskatchewan Employment Act provides a framework for when and how an employer’s last offer to the union may be voted on by employees.
After bargaining has began, at any time, the employer, union, or a group of employees may apply to the Saskatchewan Labour Relations Board to conduct a vote on the employer’s last offer.
If it is not the employer or bargaining agent seeking the application, the group of employees must consist of at least 45% of the employees of the bargaining unit or 100 employees, whichever is less, confirmed by the Board.
An employer, bargaining agent, or group of employees within the bargaining unit can each apply to the Saskatchewan Labour Relations Board, but the board will only hold one vote in respect of the same dispute.
The only exception to the "one vote: is that on the recommendation of a labour relations officer, a special mediator, or a conciliation board or if the Minister considers it to be in the public interest, the Minister may require the Saskatchewan Labour Relations Board to order a vote on the employer’s last offer.
If the employer’s last offer is voted on and accepted by a majority of employees who vote, the offer and any other items agreed to by the employer and union will be included in the new collective agreement.
If the vote does not succeed, the parties may continue to bargain and if unsuccessful, an impasse may be declared.