Definitions

A Glossary of Job Action Terminology

Definitions from the Provinces Labour Act and the Canadian Autoworkers Union.

Provinces Labour Act Definitions

The following definitions are taken from the Provinces Labour Act.

PEI Labour Act: Section 7 - Industrial Relations Definitions. (This information is also available as a PDF file.)

bargaining agent

certified bargaining agent

collective agreement

collective bargaining

conciliation board

conciliation officer

dispute

employee

employer

employers’ organization

lockout

strike

trade union

unit

“bargaining agent” means a trade union that acts on behalf of employees

(i) in collective bargaining, or

(ii) as a party to a collective agreement with their employer, and includes a council of trade unions that has been vested with appropriate authority by any of its constituent unions to enable it to discharge the responsibilities of a bargaining agent;

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“certified bargaining agent” means a bargaining agent that has been certified under this Act and the certification of which has not been revoked;

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“collective agreement” means an agreement in writing between an employer or an employers’ organization acting on behalf of an employer, on the one hand, and a bargaining agent of his employees, on behalf of the employees, on the other hand, containing terms and conditions of employment including rates of pay and hours of work;

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“collective bargaining” means negotiation with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be;

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“conciliation board” means a board of conciliation appointed by the Minister in accordance with section 27;

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“conciliation officer” means a person instructed by the Minister under section 25;

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“dispute” or “industrial dispute” means any dispute or difference between an employer and one or more of his employees or a bargaining agent acting on behalf of his employees, as to matters or things affecting or relating to terms or conditions of employment;

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“employee” means a person employed to do skilled or unskilled manual, clerical or technical work, and includes police constables appointed under the Police Act R.S.P.E.I. 1988, Cap. P-11, employed by or for any city, town, community, or other person, or employed by a board, commission or agency of, or a corporation, controlled by a city, town, community or other person and also includes persons employed as security police, but does not include persons referred to in subsection (2);

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“employer” means a person, firm or corporation employing more than one employee but does not include Her Majesty or any person, corporation, board, department or commission acting for or on behalf or as an agent of Her Majesty; except that the Lieutenant Governor in Council may by order-in-council declare any person, corporation, board, department or commission acting for or on behalf of or as an agent of Her Majesty to be an employer within the meaning of this Part with respect to any group of employees designated in the order-in-council, whereupon with respect to the group so designated, the person, corporation, board, department or commission, as the case may be, shall be such an employer until the order-in-council is rescinded;

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“employers’ organization” means an organization of employers formed for purposes including the regulation of relations and collective bargaining between employers and employees;

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“lockout” includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of his employees, done to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Part or to agree to terms or conditions of employment or changes of terms or conditions of employment;

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“strike” includes a cessation of work or refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding or a slow down or other concerted activity on the part of the employees designed to restrict or limit output or service;

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“trade union” or “union” means any organization of employees formed for purposes that include the regulation of relations and collective bargaining between employees and employers and includes a council of trade unions that has been vested with appropriate authority by any of its constituent unions to enable it to discharge the responsibilities of a bargaining agent;

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“unit” means a group of employees whether it is an employer unit or a plant unit or a subdivision of either.

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