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______________________________________________________________________________Stewart McKelveyDoing Business in Atlantic CanadaPenalties for criminal negligence for an organization include a discretionary fine to a maximum of$100,000.Penalties for criminal negligence for individuals include imprisonment for possible terms of four years, notexceeding 10 years, or life, depending on the circumstances of the offence.Labour RelationsThe relations between federally regulated employers and their employees are regulated by Part I of theCLC. Every employee is entitled to join the trade union of his/her choice and participate in its lawfulactivities, just as every employer is entitled to join the employers’ organization of its choice and participatein its lawful activities.CertificationA trade union seeking to be certified as a bargaining agent for a unit appropriate for collective bargainingmay make an application to the Canada Industrial Relations Board (the “CIRB”). Where a union makesan application for certification, an employer is prohibited from altering the rates of pay or any other term orcondition of employment, or any right or privilege of employees unless the union withdraws theapplication or 30 days have elapsed since the CIRB certified the unit.To decide whether a unit should be certified to represent the unit applied for, the CIRB will determine theunit that is appropriate for collective bargaining. In determining the appropriate unit, the CIRB can includeor exclude employees to or from the unit proposed by the union. The CIRB may also request a vote ofemployees to determine if the employees in a particular unit wish to be represented by the applyingunion. Unless 35% of the employees eligible to vote, and who voted, are in favour of the unit, theapplication will be void.A certification may be revoked where an employee representing the majority of employees in the unit filesan application for an order revoking the certification of the trade union.SuccessorshipWhere there is a sale of a business, the trade union that is the bargaining agent for the employeeemployed in that business continues to be their bargaining agent, and the person to whom the business issold is bound by the collective agreement applicable to those employees. The person who buys thebusiness also becomes party to any proceedings in progress under the CLC.Notice to BargainBoth the employer and bargaining agent may give notice to the opposite party indicating their desire tobargain a collective agreement (whether new or existing but expired). Once such notice has been given,the employer is prohibited from altering rates of pay or any other terms and conditions of employment orany right or privilege of employees in the unit with whom it is bargaining, unless the bargaining agentconsents.Strikes/LockoutsStrikes and lockouts are prohibited under the CLC. A union considering strike action must give theemployer and the federal Minister of Labour 72 hours’ notice of the commencement of the strike.Similarly, an employer considering locking out employees must give the union and the Minister of Labour72 hours’ notice of the commencement of the lockout.A union cannot declare or authorise a strike unless it has conducted a strike vote, by secret ballot, andreceived the approval of the majority of the employees of the unit who voted.Page 66