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Can the employer request a vote of employees on the employer's “Last Offer”?


Any time before or after the commencement of a strike or lockout, the employer may request that the Ontario Minister of Labour direct a vote of the employees in the affected bargaining unit to accept or reject the employer's last offer on all matters remaining in dispute. Upon receiving this request, the minister is obligated to direct such a vote (except in the construction industry where the minister's authority to direct a vote is discretionary). Neither the request to the minister nor the holding of the vote affect the time periods set out in the act. (See Section 42 of the Labour Relations Act, 1995). The employer can only request such a vote once in a given round of collective bargaining.