Bill 7, Labour Relations and Employment Statute Law Amendment Act, 1995

Witmer, Hon. Elizabeth Minister of Labour

Versions

Labour Relations and Employment Statute

Law Amendment Act, 1995

EXPLANATORY NOTE

The Bill amends several statutes in order to achieve a number of goals in the areas of labour relations and employment matters, affecting both the private and public sectors. Most of the Bill comes into force upon Royal Assent. Certain provisions are made retroactive, as described below.

Part I: Labour Relations Act, 1995

The Bill replaces the current Labour Relations Act (the "old Act") with the new Labour Relations Act, 1995 (the "new Act"), which is set out in Schedule A to the Bill. Most of the provisions in the new Act are identical to those in the old Act. However, the following changes have been made:

1. Amendments to the Labour Relations Act that were enacted by "Bill 40" (the Labour Relations and Employment Statute Law Amendment Act, 1992) have been deleted.

There are some exceptions. Some changes to the powers of the Ontario Labour Relations Board to govern its own procedures are kept in the Labour Relations Act, 1995. The provision concerning a consensual mediation-arbitration process is also kept, as are some procedural changes affecting arbitrations. Some administrative changes affecting the Minister of Labour and the Ministry have also been retained, such as the exemption given to certain Ministry officials and others from testifying in civil proceedings about specified matters.

One deletion is made retroactive to October 4, 1995. It is the provision that deems the sale of a business to have occurred when the provider of certain types of services at a building is replaced by another service provider. (The services include building cleaning services, food services and security services.)

2. A new purpose section is included in the Act.

3. The new Act binds only certain Crown agencies. (Collective bargaining involving the Crown and other Crown agencies is governed by the Crown Employees Collective Bargaining Act, 1993, as amended by this Act.)

4. Changes are made to the requirements for representation votes (when a trade union applies for certification to represent employees in a bargaining unit or when an employee applies for a termination of the union's bargaining rights), for ratification votes to approve a collective agreement and for strike votes.

When a trade union applies for certification, a representation vote will be required in every case in which more than 40 per cent of the employees in the prospective bargaining unit appear to be members of the union. If the union loses the vote, it will not be eligible to reapply for certification for one year. Analogous requirements are established when a person applies to the Ontario Labour Relations Board to terminate the bargaining rights of the union.

A ratification vote will be required in almost every case before a collective agreement becomes effective. No vote will be required for a collective agreement reached by arbitration or imposed by order of the Ontario Labour Relations Board.

A strike vote is mandatory before employees can go on strike. The strike vote must be held within 30 days before the strike begins.

Transitional rules are established. Included among them are the following:

1. Most proceedings commenced under the old Act in which a final decision has not been issued when the new Act comes into force shall be decided as if the new Act had been in force when the proceeding began. (Section 3 of the Bill)

2. Certain types of "combined" bargaining units may be divided into the separate component bargaining units. Different mechanisms are established for bargaining units that include both full-time and part-time employees, for bargaining units that were combined under section 7 of the old Act, as amended by Bill 40, (or while that provision was in force) and for bargaining units that include security guards. (Sections 5, 6 and 8 of the Bill)

3. Members of certain professions will no longer be able to bargain collectively under the new Act. Provision is made to discontinue the status of any union as bargaining agent for them, and for any collective agreement to cease to apply. (Section 7 of the Bill)

A "no reprisals" provision is included, to prevent employers from taking action against these members forexercising their rights under the old Act. (Section 9 of the Bill)

Part II: Crown Employees Collective Bargaining Act, 1993

Most amendments to the Crown Employees Collective Bargaining Act, 1993 are consequential to the enactment of the Labour Relations Act, 1995 and to the changes it makes to the Labour Relations Act. Some additional changes are made.

1. A technical change is made in the relationship between the Crown Employees Collective Bargaining Act, 1993 and the Labour Relations Act. The Labour Relations Act, 1995 itself will no longer directly apply to the Crown and to certain Crown agencies; it will be incorporated into the Crown Employees Collective Bargaining Act, 1993, which will govern their collective bargaining. This change will not in itself affect the legal obligations of employers, unions and employees. (Sections 11, 12, 13 and 15 of the Bill)

2. The provision in the Labour Relations Act enabling the Ontario Labour Relations Board to deem employers who carry on related activities to be one employer for the purposes of the Act is made inapplicable to the Crown. This change is made retroactive to February 14, 1994 (the date on which the Crown Employees Collective Bargaining Act, 1993 came into force). (Section 14 of the Bill)

3. Arbitrators will no longer be able to require an employer to guarantee a job offer to employees whose positions are or may be eliminated. This new rule does not apply when the employer is a designated Crown agency. (Subsections 16 (3) and 17 (4) of the Bill)

4. The provision in the Labour Relations Act concerning the sale of a business is made inapplicable to the Crown, to people who buy a business from, or sell a business to, the Crown and to the union representing Crown employees. This change is made retroactive to October 4, 1995. (Section 22 of the Bill)

5. Certain changes are made to the provisions governing essential services agreements. An essential services agreement cannot prevent an employer from using a person to perform work during a strike or lockout. (Sections 39 and 41 to 46 of the Bill)

6. Provision is made for the parties to agree upon certain matters concerning hearings before the Grievance Settlement Board. The Board shall implement the agreement. (Section 48 of the Bill)

Transitional rules are established. Most of the transitional rules are analogous to those established for the Labour Relations Act, 1995. Additional provisions include the following:

1. An agreement between the bargaining agents representing government lawyers and the Government of Ontario is terminated. (Subsection 65 (7) of the Bill)

2. Essential services agreements are deemed to be terminated in certain circumstances. (Section 66 of the Bill)

Part III: Employment Standards Act

Amendments made to the Employment Standards Act by Bill 40 have been deleted.

1. A new regime is established to govern the deemed sale of a business when the provider of certain types of services at a building is replaced by another service provider. (These services include building cleaning services, food services and security services.) These changes are made retroactive to October 4, 1995. This replaces the regime established under Bill 40. (Sections 68 to 70 of the Bill)

2. A provision concerning an employer's duties when employees are being terminated is replaced by the rule that existed before Bill 40 was passed. (Subsection 71 (2) of the Bill)

Provisions governing an employee's right to termination pay and severance pay are amended. "Termination" will include termination that occurs by operation of law in specified circumstances such as the bankruptcy of an employer. (Subsections 71 (1) and 72 (1) of the Bill)

Changes are made to the Employee Wage Protection Program, retroactive to September 7, 1995, and transitional rules are established.

1. Employees will not be entitled to compensation from the Plan for termination pay and severance pay. (Subsection 73 (1) of the Bill)

2. The maximum amount that an employee will be entitled to receive from the Plan is reduced from $5,000 to $2,000 . (Section 75 of the Bill)

Part IV: Other Amendments

The Agricultural Labour Relations Act, 1994 is repealed. A "no reprisals" provision is included, to prevent employers from taking action against people for exercising their rights under that Act while it was in force. (Sections 77 and 78 of the Bill)

The Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act are amended. Neither Act will apply with respect to certain records relating to labour relations and employment matters. No disclosure will be made under outstanding requests and access orders. (Sections 79 and 80 of the Bill)

An amendment to the Occupational Health and Safety Act that was made by Bill 40 is deleted, and the law as it existed before Bill 40 is restored. The provision concerns the power of the Ontario Labour Relations Board to impose a penalty in certain circumstances. (Section 81 of the Bill)

The Public Service Act is amended to give deputy ministers the power to release a person from employment on reasonable notice or with compensation in lieu of reasonable notice. (Section 82 of the Bill)

Bill1995

An Act to restore balance and stability to labour relations and to promote economic prosperity and to make consequential changes to statutes concerning labour relations

CONTENTS


Part		Sections
I	Labour Relations Act, 1995 Labour Relations Act, 1995 Transitional Provisions	1-9
II	Crown Employees Collective Bargaining Act, 1993 Amendments Crown Employees Collective Bargaining Act, 1993 Transitional Provisions	10-67
III	Employment Standards Act Amendments Employment Standards Act Transitional Provisions	68-76
IV	Other Amendments Agricultural Labour Relations Act, 1994 Freedom of Information and Protection of Privacy Act Municipal Freedom of Information and Protection of Privacy Act Occupational Health and Safety Act Public Service Act	77-82
V	Commencement and Short Title	83, 84
Schedule A Labour Relations Act, 1995

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

LABOUR RELATIONS ACT, 1995

LABOUR RELATIONS ACT, 1995

New Act

1. (1) The Labour Relations Act, 1995, as set out in Schedule A, is hereby enacted.

Repeal

(2) Subject to subsection (3), the Labour Relations Act is repealed.

(3) Section 64.2 of the Labour Relations Act, as enacted by the Statutes of Ontario, 1992, chapter 21, section 31, shall be deemed to have been repealed on October 4, 1995.

(4) The following are repealed:

1. The Labour Relations Amendment Act, 1991.

2. Sections 1 to 60 and section 63 of the Labour Relations and Employment Statute Law Amendment Act, 1992.

3. The Labour Relations Amendment Act, 1993.

4. Section 67 of the Public Service and Labour Relations Statute Law Amendment Act, 1993.

TRANSITIONAL PROVISIONS

Transition, definition

2. In sections 3 to 9,

"new Act" means the Labour Relations Act, 1995; ("nouvelle loi")

"old Act" means the Labour Relations Act as it reads immediately before this section comes into force. ("ancienne loi")

Transition, proceedings (general)

3. (1) This section applies with respect to proceedings commenced under the old Act in which a final decision has not been issued on the day on which this section comes into force.

(2) A proceeding continuing after the new Act comes into force shall be decided as if the new Act had been in force at all material times. The presiding person or body shall apply the substantive provisions of the new Act as well as the procedural rules established under it.

(3) Despite subsection (2), the parties to a first agreement arbitration under section 41 of the old Act may agree in writingthat the arbitration proceed in accordance with the old Act.

(4) The presiding person or body shall terminate all or any part of a proceeding if continuing it would serve no practical purpose, in his, her or its opinion.

(5) Without limiting the generality of subsection (4), that part of a proceeding relating to section 11.1, subsection 41 (1.2), section 64.1, 73.1, 73.2, 75, 81.2 or 92.2 of the old Act or relating to a provision of a collective agreement described in subsection 43.1 (1) or (3) or an agreement described in subsection 73.2 (16) of the old Act shall be terminated.

(6) In this section,

"proceeding" includes arbitration, mediation, conciliation and a prosecution under the Provincial Offences Act but does not include a judicial review proceeding or an appeal from a decision on a judical review.

Transition, proceedings (services under contract)

4. An interim or final decision issued on or after October 4, 1995 in a proceeding relating to section 64.2 of the Labour Relations Act, as it reads before subsection 1 (3) comes into force, is void.

Transition, combined bargaining units (full-time and part-time employees)

5. (1) This section applies with respect to bargaining units that include both full-time and part-time employees on the day this section comes into force but did not include both full-time and part-time employees before January 1, 1993.

(2) The employer or the trade union that represents the employees in the bargaining unit may apply to the Ontario Labour Relations Board within 90 days after this section comes into force for a declaration that the bargaining unit is not appropriate for collective bargaining.

(3) The Board shall issue the declaration unless the Board is satisfied that the existing bargaining unit is appropriate because a community of interest exists between the full-time and the part-time employees.

(4) The following occurs upon the issuance of a declaration:

1. The bargaining unit is divided into two bargaining units, one composed of full-time employees and one composed of part-time employees.

2. Subject to subsection (6), the trade union continues to represent the employees in each of the bargainingunits.

3. Subject to subsection (6), the collective agreement, if any, continues to apply to the employees in each bargaining unit. There shall be deemed to be two collective agreements, one for each bargaining unit.

(5) Subject to subsection (6), upon issuing a declaration the Board shall certify the trade union as the bargaining agent for each of the bargaining units if there is no collective agreement in force.

(6) When issuing a declaration, the Board may make such orders as it considers appropriate in the circumstances, including orders relating to the collective agreement and the status of the trade union as bargaining agent for each of the bargaining units.

Transition, combined bargaining units (general)

6. (1) This section applies with respect to bargaining units that were combined into a single bargaining unit under section 7 of the old Act or that were combined on or after January 1, 1993 and before this section comes into force.

(2) Ninety days after this section comes into force, the combined bargaining unit is divided into the separate bargaining units that were combined.

(3) Subsection (2) does not apply if the employer and the trade union that represents the employees in the combined bargaining unit agree in writing after October 4, 1995 that the bargaining unit shall not be divided.

(4) Subject to subsection (5), the trade union continues to represent the employees in each of the bargaining units and the collective agreement continues to apply to them.

(5) The employer or the trade union may apply to the Ontario Labour Relations Board for such orders as the Board considers appropriate in the circumstances relating to the collective agreement and the status of the trade union as bargaining agent for each of the bargaining units.

(6) Subsections 6 (4), (5) and (6) apply with necessary modifications with respect to the separate bargaining units created by subsection (2).

Transition, bargaining units for members of professions

7. (1) This section applies with respect to bargaining units that include, on the day this section comes into force, persons who are entitled to practise one of the following professions in Ontario and who are employed in their professional capacity:

1. Architecture.

2. Dentistry.

3. Land Surveying.

4. Law.

5. Medicine.

(2) A trade union that is the bargaining agent for employees in a bargaining unit that includes persons described in subsection (1) ceases to represent the persons described in subsection (1) 90 days after this section comes into force.

(3) A collective agreement that applies with respect to persons described in subsection (1) ceases to apply to them on the earlier of,

(a) the day on which the collective agreement expires; and

(b) 90 days after this section comes into force.

Transition, bargaining units for security guards

8. (1) This section applies with respect to bargaining units that include, on the day this section comes into force, guards who monitor other employees or who protect the property of an employer.

(2) Within 90 days after this section comes into force, an employer may apply to the Ontario Labour Relations Board for a declaration that a trade union no longer represents the guards in a bargaining unit,

(a) if the trade union admits to membership persons who are not guards; or

(b) if the trade union is chartered by or affiliated with an organization that admits to membership persons who are not guards.

(3) The Board shall issue the declaration unless the trade union satisfies the Board that no conflict of interest would result from the trade union continuing to represent the guards.

(4) Within 90 days after this section comes into force, an employer may apply to the Board for a declaration that guards are no longer members of a bargaining unit that includes other employees.

(5) The Board shall issue the declaration unless the trade union satisfies the Board that no conflict of interest wouldresult from the guards remaining in the bargaining unit.

(6) The Board shall consider the factors set out in subsection 14 (5) of the new Act in determining whether a conflict of interest would result for the purposes of subsection (3) or (5).

(7) Upon the issuance of a declaration under this section, the collective agreement, if any, ceases to apply with respect to the guards.

No reprisals

9. (1) This section applies with respect to persons referred to in clause 1 (3) (a) of the new Act.

Same

(2) No employer, employer's organization or person acting on behalf of an employer or employer's organization shall refuse to employ a person or discriminate against a person described in subsection (1) in regard to employment or a term or condition of employment because the person was a member of a trade union or had exercised or attempted to exercise any rights under the old Act.

Enforcement

(3) Subsection (2) may be enforced under the new Act as if it formed a part of that Act. For the purposes of section 86 and a complaint under section 95 of that Act, "person" includes a person described in subsection (1).

PART II

CROWN EMPLOYEES COLLECTIVE BARGAINING ACT, 1993 AMENDMENTS

CROWN EMPLOYEES COLLECTIVE BARGAINING ACT, 1993

10. The heading for Part I of the Crown Employees Collective Bargaining Act, 1993 is repealed and the following substituted:

PART I

INTERPRETATION AND APPLICATION

11. (1) Subsection 1 (1) of the Act is repealed and the following substituted:

Definition

(1) In this Act,

"Crown employee" means a Crown employee as defined in the Public Service Act.

(2) Section 1 of the Act is amended by adding the following subsection:

"Crown"

(1.1) References to the Crown in this Act shall be deemed to include a reference to those agencies of the Crown that are designated under clause 29.1 (1) (a) of the Public Service Act.

(3) Subsection 1 (2) of the Act is amended by striking out "Labour Relations Act" in the second line and substituting "Labour Relations Act, 1995".

12. The Act is amended by adding the following section:

Application

1.1 (1) This Act applies with respect to,

(a) Crown employees and their bargaining agents; and

(b) the Crown and those agencies of the Crown that are designated under clause 29.1 (1) (a) of the Public Service Act.

Non-application

(2) This Act does not apply with respect to individuals who are not Crown employees and agencies of the Crown that are not designated under clause 29.1 (1) (a) of the Public Service Act.

Same

(3) This Act does not apply with respect to the following:

1. Members of the Ontario Provincial Police Force.

2. Employees of a college of applied arts and technology.

3. Architects employed in their professional capacity.

4. Dentists employed in their professional capacity.

5. Lawyers employed in their professional capacity.

6. Physicians employed in their professional capacity.

7. Provincial judges.

8. Persons employed as a labour mediator or labour conciliator.

9. Employees exercising managerial functions or employed in a confidential capacity in relation to labour relations.

10. Persons employed in a minister's office in a position confidential to a minister of the Crown.

11. Persons employed in the Office of the Premier or in Cabinet Office.

12. Persons who provide advice to Cabinet, a board or committee composed of ministers of the Crown, a minister or a deputy minister about,

i. employment-related legislation that directly affects the terms and conditions of employment of employees in the public sector as it is defined in subsection 1 (1) of the Pay Equity Act, or

ii. matters of financial policy.

13. Persons employed in the Ontario Financing Authority or in the Ministry of Finance who spend a significant portion of their time at work in borrowing or investing money for the Province or in managing the assets and liabilities of the Consolidated Revenue Fund.

14. Other persons who have duties or responsibilities that, in the opinion of the Ontario Labour Relations Board, constitute a conflict of interest with their being members of a bargaining unit.

13. Section 2 of the Act is repealed and the following substituted:

Incorporation of Labour Relations Act, 1995 provisions

2. (1) Subject to subsection (2), the Labour Relations Act, 1995 shall be deemed to form part of this Act.

Modifications

(2) This Part sets out modifications to the provisions of the Labour Relations Act, 1995 that apply in the circumstances of this Act.

14. (1) Subsection 3 (1) of the Act shall be deemed to have been repealed on February 14, 1994 and the following substituted:

Subs. 1(4) (Related activities or businesses)

(1) Subsection 1 (4) of the Labour Relations Act does not bind the Crown.

(2) On the day on which this Act receives Royal Assent, subsection 3 (1) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:

s. 1 (interpretation)

(1) Subsections 1 (3), (4) and (5) of the Labour Relations Act, 1995 do not form part of this Act.

15. The Act is amended by adding the following sections:

s. 3 (Non-application)

3.1 Section 3 of the Labour Relations Act, 1995 does not form part of this Act.

s. 4 (Certain Crown agencies)

3.2 Section 4 of the Labour Relations Act, 1995 does not form part of this Act.

16. (1) Subsection 4 (1) of the Act is repealed and the following substituted:

s. 40 (Voluntary arbitration)

(1) The operation of section 40 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 4 (6) of the Act is amended by striking out "section 110 of the Labour Relations Act" in the fifth line and substituting "section 116 of the Labour Relations Act, 1995".

(3) Section 4 of the Act is amended by adding the following subsections:

Restriction

(13.1) An arbitrator or board of arbitration shall not include or require the parties to include in a collective agreement a term that requires the employer to guarantee an offer of a job for employees whose positions have been or may be eliminated or that otherwise compels the employer to continue to employ them.

Same

(13.2) Subsection (13.1) does not apply when the employer is an agency of the Crown designated under clause 29.1 (1) (a) of the Public Service Act.

(4) Subsection 4 (15) of the Act is amended by striking out "Labour Relations Act" in the fifth line and substituting "Labour Relations Act, 1995".

17. (1) Subsection 5 (1) of the Act is amended by striking out "The application of section 41 of the Labour Relations Act" in the first and second lines and substituting "The operation of section 43 of the Labour Relations Act, 1995".

(2) Subsection 5 (3) of the Act is amended by striking out "subsection 41 (10) of the Labour Relations Act" in the third and fourth lines and substituting "subsection 43 (11) of the Labour Relations Act, 1995".

(3) Subsection 5 (4) of the Act is amended by striking out "subsection 41 (11) of the Labour Relations Act" in the third andfourth lines and substituting "subsection 43 (12) of the Labour Relations Act, 1995".

(4) Section 5 of the Act is amended by adding the following subsections:

Restriction

(5) An arbitrator or board of arbitration shall not include or require the parties to include in a collective agreement a term that requires the employer to guarantee an offer of a job for employees whose positions have been or may be eliminated or that otherwise compels the employer to continue to employ them.

Same

(6) Subsection (5) does not apply when the employer is an agency of the Crown designated under clause 29.1 (1) (a) of the Public Service Act.

18. Section 6 of the Act is repealed.

19. (1) Subsection 7 (1) of the Act is repealed and the following substituted:

s. 48 (Arbitration provision)

(1) The operation of section 48 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 7 (4) of the Act is amended by striking out "In substituting a lesser penalty under subsection 45 (9) of the Labour Relations Act" in the first, second and third lines and substituting "In substituting a penalty under subsection 48 (14) of the Labour Relations Act, 1995".

(3) Subsection 7 (6) of the Act is amended by striking out "In substituting a lesser penalty under subsection 45 (9) of the Labour Relations Act" in the first and second lines and substituting "In substituting a penalty under subsection 48 (14) of the Labour Relations Act, 1995".

20. Section 8 of the Act is repealed and the following substituted:

s. 49 (referral of grievance to single arbitrator)

8. Section 49 of the Labour Relations Act, 1995 does not form a part of this Act.

21. (1) Subsection 9 (1) of the Act is repealed and the following substituted:

s. 50 (Consensual mediation-arbitration)

(1) The operation of section 50 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 9 (2) of the Act is amended by striking out "subsection 46.1 (1) of the Labour Relations Act" in the third and fourth lines and substituting "subsection 50 (1) of the Labour Relations Act, 1995".

(3) Subsection 9 (3) of the Act is repealed and the following substituted:

Minister to appoint

(3) Subsection 50 (3) of the Labour Relations Act, 1995 does not form part of this Act.

(4) Subsection 9 (4) of the Act is amended by striking out "subsections 46.1 (4) and (5) of the Labour Relations Act" in the first, second and third lines and substituting "subsections 50 (4) and (5) of the Labour Relations Act, 1995".

22. (1) Section 10 of the Act shall be deemed to have been repealed on October 4, 1995 and the following substituted:

s. 64 (Successor rights)

10. (1) Section 64 of the Labour Relations Act does not bind the Crown and does not apply with respect to Crown employees.

Same

(2) Despite the Labour Relations Act, section 64 of that Act does not apply,

(a) with respect to a person who is a predecessor employer or a successor employer on a sale by or to the Crown;

(b) with respect to an interested person, trade union or council of trade unions in relation to a sale in which the Crown is the precessor employer or the successor employer;

(c) with respect to a collective agreement that binds or, but for this section, would otherwise bind employees of the Crown or of a person described in clause (a), or with respect to the bargaining for such a collective agreement as the bargaining is affected by section 64.

(2) On the day on which this Act receives Royal Assent, section 10 of the Act, as re-enacted by subsection (1), is repealed and the following substituted:

s. 68 (Successor rights)

10. (1) Section 68 of the Labour Relations Act, 1995 does not form part of this Act.

Same

(2) Despite the Labour Relations Act, 1995, section 68 of thatAct does not apply,

(a) with respect to a person who purchases a business from the Crown or sells a business to the Crown;

(b) with respect to an interested person, trade union or council of trade unions in relation to a purchase or sale of a business by the Crown;

23. Sections 11 and 12 of the Act are repealed.

24. Section 13 of the Act is amended by striking out "subsection 74 (2) of the Labour Relations Act" in the second and third lines and substituting "subsection 78 (2) of the Labour Relations Act, 1995".

25. Section 14 of the Act is repealed.

26. (1) Subsection 15 (1) of the Act is repealed and the following substituted:

s. 85 (Alteration of working conditions)

(1) The operation of section 85 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 15 (2) of the Act is amended by striking out "clauses 81 (1) (a) and (2) (a) of the Labour Relations Act" in the second and third lines and substituting "clauses 85 (1) (a) and (2) (a) of the Labour Relations Act, 1995".

27. Subsection 16 (1) of the Act is repealed and the following substituted:

Subs. 95 (4) (Orders by Board)

(1) The operation of subsection 95 (4) of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

28. (1) Subsection 17 (1) of the Act is repealed and the following substituted:

s. 102 (Notice of claim for damages, etc.)

(1) The operation of section 102 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 17 (2) of the Act is amended by striking out"subsection 97 (1) of the Labour Relations Act" in the first and second lines and substituting "subsection 102 (1) of the Labour Relations Act, 1995".

(3) Subsection 17 (3) of the Act is amended by striking out "subsection 97 (1) of the Labour Relations Act" in the first and second lines and substituting "subsection 102 (1) of the Labour Relations Act, 1995".

(4) Subsection 17 (4) of the Act is repealed and the following substituted:

Certain subss. not to apply

(4) Subsections 102 (2), (3), (4), (6) and (7) of the Labour Relations Act, 1995 do not form part of this Act.

29. (1) Subsection 18 (1) of the Act is repealed and the following substituted:

s. 109 (Ontario Labour Relations Board)

(1) The operation of section 109 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 18 (2) of the Act is amended by striking out "subsection 104 (12) of the Labour Relations Act" in the fourth and fifth lines and substituting "subsection 109 (14) of the Labour Relations Act, 1995".

(3) Subsection 18 (3) of the Act is amended by striking out "subsection 104 (14) of the Labour Relations Act" in the first and second lines and substituting "subsection 109 (18) of the Labour Relations Act, 1995".

30. (1) Subsection 19 (1) of the Act is repealed and the following substituted:

s. 113 (Jurisdiction)

(1) The operation of section 113 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 19 (2) of the Act is amended by striking out "subsection 108 (2) of the Labour Relations Act" in the first and second lines and substituting "subsection 113 (2) of the Labour Relations Act, 1995".

31. Section 20 of the Act is amended by striking out "section 118 of the Labour Relations Act" in the first and second lines and substituting "section 124 of the Labour Relations Act, 1995".

32. Section 21 of the Act is repealed and the following substituted:

ss. 125 to 170 (Construction industry provisions)

21. Sections 125 to 170 of the Labour Relations Act, 1995 do not form part of this Act.

33. Section 22 of the Act is amended by striking out "subsection 23(2)" in the third line and substituting "subsection 23(1)".

34. Section 23 of the Act is repealed and the following substituted:

Bargaining units continued

23. (1) The seven bargaining units established under this section, as it read immediately before section 34 of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force, are continued.

Restriction

(2) The description of a bargaining unit shall not be amended until after a collective agreement is made following December 13, 1993.

35. (1) Subsections 24 (1) and (2) of the Act are repealed and the following substituted:

Bargaining agent

24. (1) The Ontario Public Service Employees Union continues as the bargaining agent representing the employees in the six bargaining units established by order of the Lieutenant Governor in Council under subsection 23 (1), as it read immediately before section 34 of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force.

Effect of continuation

(2) The Ontario Public Service Employees Union represents the employees in those bargaining units until it ceases, under this Act or the Labour Relations Act as it read before subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force, to represent them.

(2) Subsection 24 (4) of the Act is repealed.

36. (1) Subsection 25 (5) of the Act is repealed and the following substituted:

Same

(5) The description of the deemed bargaining unit shall not be altered.

(2) Subsection 25 (6) of the Act is amended by striking out "Labour Relations Act" in the first and second lines and substituting "Labour Relations Act, 1995".

37. (1) Subsections 28 (1) and (3) of the Act are amended by striking out "under the Labour Relations Act" wherever it appears.

(2) Subsection 28 (5) of the Act is amended by striking out "subsection 81 (1) of the Labour Relations Act, clause 81 (1) (a)" in the first and second lines and substituting "subsection 85 (1) of the Labour Relations Act, 1995, clause 85 (1) (a)".

38. Section 29 of the Act is amended by striking out "Section 41 of the Labour Relations Act" in the first and second lines and substituting "Section 43 of the Labour Relations Act, 1995".

39. Subsection 32 (2) of the Act is repealed and the following substituted:

Same

(2) For the purposes of clause (1) (b), the number of employees in the bargaining unit that are necessary to provide the essential services shall be determined without regard to the availability of other persons to provide essential services.

40. Clause 33 (1) (b) of the Act is amended by striking out "section 14 of the Labour Relations Act" in the first and second lines and substituting "section 16 of the Labour Relations Act, 1995".

41. Section 38 of the Act is repealed and the following substituted:

Enforcement of essential services agreement

38. (1) A party to an essential services agreement may apply to the Board to enforce it.

Amendment of agreement

(2) A party to an agreement may apply to the Board to amend it,

(a) if the agreement does not provide for services that are essential services;

(b) if it provides for levels of service that are greater or less than required to provide the essential services; or

Order

(3) On an application under this section, the Board may enforce the agreement or amend it and may make such other orders as it considers appropriate in the circumstances.

Same

(4) Subsection 32 (2) applies with necessary modifications when the Board is deciding an application under subsection (2).

42. Subsection 40 (4) of the Act is repealed.

43. Subsection 41 (3) of the Act is repealed.

44. The Act is amended by adding the following section:

Use of other persons

41.1 (1) An essential services agreement shall not directly or indirectly prevent the employer from using a person to perform any work during a strike or lock-out.

Same

(2) A provision in an essential services agreement that conflicts with subsection (1) is void.

45. Section 42 of the Act is repealed and the following substituted:

Application re meaningful bargaining

42. (1) A party to an essential services agreement may apply to the Ontario Labour Relations Board for a declaration that the agreement has prevented meaningful collective bargaining.

Restriction

(2) No application may be made until employees in the bargaining unit have been on strike or locked out for at least 10 days.

Factor to be considered

(3) In deciding whether to make the declaration, the Board shall consider only whether meaningful collective bargaining is prevented because of the number of persons identified in the agreement whose services the employer has used to enable the employer to provide the essential services.

Order

(4) If the Board makes the declaration, the Board may amend the essential services agreement to change the number of employee positions or to change the number of employees in the bargaining unit that are designated as necessary to enable the employer to provide the essential services.

46. Sections 43, 44 and 45 of the Act are repealed.

47. Subsection 48 (1) of the Act is amended by striking out "Labour Relations Act" in the third line and substituting "Labour Relations Act, 1995".

48. (1) Section 50 of the Act is amended by adding the following subsection:

Same

(1.1) An employer and trade union may make an agreement as to the sequence in which the Grievance Settlement Board shall consider outstanding matters in which the employer and trade union have an interest.

(2) Subsection 50 (2) of the Act is repealed and the following substituted:

Effect of agreement

(2) Upon receiving notice of an agreement from a party, the Grievance Settlement Board shall give effect to it.

49. Section 51 of the Act is amended by adding the following subsection:

Same

(2) An order of the Grievance Settlement Board shall not require a change to be made in the classification of an employee.

50. Section 52 of the Act is repealed.

51. Section 53 of the Act is repealed and the following substituted:

Definitions

53. In sections 54 to 60,

"Labour Relations Act" means the Labour Relations Act as it read immediately before subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force; ("Loi sur les relations de travail")

"old Act" means the Crown Employees Collective Bargaining Act, being Chapter C.50 of the Revised Statutes of Ontario, 1990. ("ancienne loi")

52. (1) Subsection 54 (1) of the Act is amended by inserting after "Labour Relations Act" in the fifth line and in the last line "or this Act".

(2) Subsection 54 (2) of the Act is amended by striking out "Despite the Labour Relations Act" in the first line and substituting "Despite this Act and the Labour Relations Act".

(3) Subsection 54 (3) of the Act is amended by striking out "established under" in the second line and substituting "continued by".

53. Section 55 of the Act is repealed and the following substituted:

Bargaining agents

55. A bargaining agent that, immediately before the repeal of the old Act, represented employees in a bargaining unit to which section 54 applies continues to represent them until it ceases to do so under this Act.

54. (1) Subsection 56 (1) of the Act is amended by adding at the end "and under this Act".

(2) Subsection 56 (3) of the Act is repealed and the following substituted:

Same

(3) Subsection (2) applies with respect to any period after the repeal of the old Act and before subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force.

Same

(3.1) All the provisions of this Act that apply to a collective agreement apply to a collective agreement referred to in subsection (1) including provisions that deem collective agreements to contain specified terms.

Same

(3.2) Subsection (3.1) applies with respect to periods on and after subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 comes into force.

(3) Subsection 56 (6) of the Act is repealed and the following substituted:

Effect of designation, etc.

(6) The establishment or continuation of bargaining units under section 23 and the designation or continuation of a bargaining agent under section 24 does not affect the operation of a collective agreement in force at the time of the designation.

55. Subsection 57 (3) of the Act is amended by striking out "established under" in the second line and substituting "continued by".

56. Section 58 of the Act is repealed.

57. Subsection 59 (6) of the Act is repealed.

58. Subsection 60 (1) of the Act is repealed and the following substituted:

Grievance Settlement Board

(1) Section 51, as it read immediately before section 58 of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force, applies with respect to all matters referred for arbitration to the Grievance Settlement Board after June 14, 1993 and before the day on which that section came into force.

Same

(1.1) Section 51 applies with respect to all matters referred for arbitration to the Grievance Settlement Board on and after the day on which section 58 of the Labour Relations and Employment Statute Law Amendment Act, 1995 comes into force.

59. Section 61 of the Act is repealed.

TRANSITIONAL PROVISIONS

Transition, definition

60. In sections 61 to 67,

"Labour Relations Act" means the Labour Relations Act as it reads before its amendment under subsection 1 (3) and repeal under subsection 1 (2). ("Loi sur les relations de travail")

"new Act" means the Crown Employees Collective Bargaining Act, 1993 as it reads on the day this section comes into force; ("nouvelle loi")

"old Act" means the Crown Employees Collective Bargaining Act, 1993 as it reads immediately before this section comes into force. ("ancienne loi")

Transition, proceedings (general)

61. (1) Proceedings commenced under the Labour Relations Act to which the old Act applied, and proceedings commenced under the old Act are continued under the new Act.

(2) Subsections 3 (2) to (5) apply with necessary modifications to a proceeding continued under subsection (1).

(3) In this section,

Transition, proceedings (services under contract)

62. Section 4 applies with necessary modifications to proceedings relating to section 64.2 of the Labour Relations Act to which the new Act would otherwise apply under section 61.

Transition, combined bargaining units (full-time and part-time employees)

63. Section 5 applies with necessary modifications with respect to bargaining units to which the new Act applies that include both full-time and part-time employees on the day this section comes into force.

Transition, combined bargaining units (general)

64. Section 6 applies with respect to bargaining units to which the new Act applies that were combined into a single bargaining unit under section 7 of the Labour Relations Act or that were combined into a single bargaining unit on or after January 1, 1993 and before this section comes into force.

Transition, bargaining units (certain classes of members)

65. (1) This section applies with respect to bargaining units that include, on the day this section comes into force, persons to whom the old Act applied but to whom the new Act does not apply.

(2) A trade union that is the bargaining agent for employees in a bargaining unit that includes persons described in subsection (1) ceases to represent those persons 90 days after this section comes into force, and they cease to be members of the bargaining unit.

(3) Subsection (2) applies even though the employer and the trade union have entered into an agreement before this section comes into force in which the employer recognizes the trade union as the bargaining agent for persons described in subsection (1).

(4) Subsection (2) applies with respect to the deemed bargaining unit described in subsection 25 (4) of the new Act, despite subsection 25 (5) of that Act.

(5) A collective agreement or another agreement between the employer and a trade union that applies with respect to persons described in subsection (1) ceases to apply to them on the earlier of,

(a) the day on which the collective agreement or other agreement expires; and

(b) 90 days after this section comes into force.

(6) Subsection (5) does not apply to a sectoral framework, a local agreement or any other agreement made for the purposes of the Social Contract Act, 1993 that binds a bargaining agent designated under subsection 5 (1) of that Act.

(7) The framework collective agreement dated March 3, 1995 between the Government of Ontario and the Ontario CrownAttorneys' Association and the Association of Law Officers of the Crown is terminated.

Transition, essential services agreement

66. (1) An essential services agreement that is in effect when this section comes into force shall be deemed to be terminated on the day on which the employer and the trade union first enter into a collective agreement for the bargaining unit after this section comes into force.

(2) If an employer and a trade union begin to negotiate an essential services agreement before this section comes into force and the agreement comes into effect after this section comes into force, the agreement shall be deemed to be terminated on the day on which the employer and the trade union first enter into a collective agreement for the bargaining unit after this section comes into force.

(3) On an application under subsection 36(1) of the new Act concerning an employer's and trade union's first essential services agreement to be entered into after this section comes into force, the Ontario Labour Relations Board shall not consider the terms of any previous essential services agreement between the parties.

(4) For the purposes of subsection 36(4) of the new Act, the amendments to that Act made by this Act and the enactment of the Labour Relations Act, 1995 do not constitute a change in circumstances.

No reprisals

67. (1) This section applies with respect to persons to whom the old Act applied but to whom the new Act does not apply.

(3) Subsection (2) may be enforced under the new Act as if it formed a part of that Act. For the purposes of section 86 and a complaint under section 95 of the Labour Relations Act, 1995, "person" includes a person described in subsection (1).

PART III

EMPLOYMENT STANDARDS ACT AMENDMENTS

EMPLOYMENT STANDARDS ACT

68. Subsection 2 (1) of the Employment Standards Act, as amended by the Statutes of Ontario, 1992, chapter 21, section 58 and 1993, chapter 27, Sched., is further amended by striking out "Parts IX, X, XI, XII, XIII.2 and XIV" in the first line and substituting "Section 13.1 and Parts IX, X, XI, XII and XIV".

69. The Act is amended by adding the following section:

Successor employers

13.1 (1) This section applies with respect to the following types of services provided at a premises directly or indirectly by or to a building owner or manager:

1. The services must be related to servicing the premises, including providing building cleaning services, food services and security services.

2. The services do not include,

i. construction,

ii. maintenance other than maintenance activities related to cleaning the premises, or

iii. the production of goods other than goods related to the provision of food services at the premises for consumption on the premises.

Application

(2) This section applies if, on or after October 4, 1995, one employer begins to provide services at a premises replacing another employer who was providing the services.

Continuity of employment

(3) If the successor employer employs an employee of the previous employer to provide the services and the employee ceases to be employed by the previous employer as a result,

(a) the employment of the employee by the previous employer shall be deemed not to be terminated for the purpose determining the previous employer's obligations under Part XIV; and

(b) the employee's period of employment by the previous employer shall be deemed to have been employment by the successor employer for the purposes of Parts VII, VIII, XI and XIV.

Previous employer's obligation

(4) If the successor employer does not employ an employee of the previous employer, the previous employer shall comply with Part XIV in respect of the employee.

Attributed employment

(5) For the purposes of subsections (3) and (4), the employee's period of employment by the previous employer includes any period that was attributed to the previous employer under Part XIII.2 before its repeal.

Same

(6) If the successor employer employs an employee of the previous employer, the previous employer shall pay the employee the amount of any vacation pay accrued in respect of the employee when he or she begins employment with the successor employer.

Same

(7) The previous employer shall make the payment described in subsection (6) within seven days after the earlier of,

(a) the day on which the employee ceases to be employed by the previous employer; and

(b) the day on which the previous employer ceases to provide the services at the premises.

Definition

(8) In this section,

"successor employer" means the employer who begins to provide services at a premises replacing another employer who was providing the services.

70. Part XIII.2 of the Act, as enacted by the Statutes of Ontario, 1992, chapter 21, section 59, is repealed.

71. (1) Section 57 of the Act is amended by adding the following subsection:

Termination when bankruptcy, etc.

(2.1) An employer shall be deemed to have terminated the employment of an employee if the employment is terminated by operation of law,

(a) as a result of the bankruptcy of the employer, whether or not it is the employer who initiates bankruptcy proceedings;

(b) as a result of the insolvency of the employer; or

(2) Subsection 57 (12) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 21, section 60, is repealed and the following substituted:

Duty of employer

(12) An employer who has terminated or who proposes to terminate the employment of employees shall, when required by the Minister for the purpose of facilitating the re-establishment of the employees in employment,

(a) participate in such actions or measures as the Minister may direct;

(b) participate in the establishment and work of a committee upon such terms as the Minister considers necessary; and

(c) contribute to the reasonable cost or expense of any committee referred to in clause (b) in such amount or proportion as the Minister directs. R.S.O. 1990, c. E.14, s. 57 (12).

(3) Section 57 of the Act is amended by adding the following subsection:

Exception

(12.1) Subsection (12) does not apply to an employer whose employees are deemed to have been terminated under subsection (2.1).

(4) Section 57 of the Act is amended by adding the following subsections:

No offence

(22) An employer does not commit an offence under subsection 78 (1) when his, her or its employees are deemed to have been terminated under subsection (2.1) and the employer does not comply with subsection (14).

Same

(23) An officer, director or agent of a corporation or a person purporting to act in any such capacity does not commit an offence under subsection 79 (1) when the corporation is an employer whose employees are deemed to have been terminated under subsection (2.1) and the corporation does not comply with subsection (14).

72. (1) Section 58 of the Act is amended by adding the following subsection:

Termination when bankruptcy, etc.

(1.1) An employer shall be deemed to have terminated the employment of an employee and the termination shall be deemed to have been caused by the permanent discontinuance of all or part of the business of the employer at an establishment if the employment is terminated by operation of law,

(a) as a result of the bankruptcy of the employer, whether or not it is the employer who initiates bankruptcy proceedings;

(b) as a result of the insolvency of the employer; or

(2) Section 58 of the Act is amended by adding the following subsections:

No offence

(23) An employer does not commit an offence under subsection 78 (1) when his, her or its employees are deemed to have been terminated under subsection (1.1) and the employer does not comply with subsection (2).

Same

(24) An officer, director or agent of a corporation or a person purporting to act in any such capacity does not commit an offence under subsection 79 (1) when the corporation is an employer whose employees are deemed to have been terminated under subsection (1.1) and the corporation does not comply with subsection (2).

73. (1) Clauses 58.1 (2) (a) and (c) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 16, section 5, are repealed and the following substituted:

(a) regular wages, including commissions, overtime wages, vacation pay and holiday pay;

. . . . .

(c) compensation awarded under sections 45, 48 and 51, clause 56(3)(b) and section 56.2 insofar as the compensation is awarded for loss of earnings; and

. . . . .

(2) Subsections 58.1 (6) and (7) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 16, section 5, are repealed.

74. Section 58.6 of the Act, as enacted by the Statutes ofOntario, 1991, chapter 16, section 5, is repealed.

75. Section 58.8 of the Act, as enacted by the Statutes of Ontario, 1991, chapter 16, section 5, is amended by striking out "$5,000" in the fifth line and substituting "$2,000".

TRANSITIONAL PROVISION

Transition, Employee Wage Protection Program

76. (1) The eligibility of an employee to receive compensation from the Employee Wage Protection Program under subsection 58.4 (1) of the Act is determined in accordance with this section for the following:

1. For wages due and owing for a period that begins before September 7, 1995.

2. For termination pay and severance pay due and owing before September 7, 1995.

3. For termination pay that relates to a termination of employment that is deemed on or after September 7, 1995 to have occurred before that date.

4. For severance pay that relates to a dismissal or a lay-off described in clause (a) or (b) of the definition of termination in subsection 58 (1) of the Act that occurs on or after September 7, 1995.

5. For severance pay that relates to a lay-off described in clause (c) of the definition of termination in subsection 58 (1) of the Act that, on or after September 7, 1995, equals 35 weeks in a period of 52 consecutive weeks.

(2) Subject to subsections (4), (5) and (6), the employee is eligible to receive compensation from the Program in accordance with Part XIV.1 of the Act, as it reads before sections 73, 74 and 75 come into force, for amounts described in paragraphs 1 and 2 of subsection (1).

(3) The employee is not eligible to compensation from the Program for amounts described in paragraphs 3, 4 and 5 of subsection (1).

(4) If the employee has wages due and owing for a period that begins before September 7, 1995 and ends on or after that date, the maximum amount of compensation that the employee is eligible to receive from the Program for all wages, termination pay and severance pay in respect of his or her employment with an employer is $5,000.

(5) The maximum amount of compensation that the employee is eligible to receive from the Program for wages, termination pay and severance pay that become due and owing before September 7, 1995 in respect of his or her employment with an employer is $5,000.

(6) The maximum amount of compensation that the employee is eligible to receive from the Program for wages that become due and owing on and after September 7, 1995 in respect of his or her employment with an employer is $2,000.

PART IV

OTHER AMENDMENTS

AGRICULTURAL LABOUR RELATIONS ACT, 1994

Repeal

77. (1) The Agricultural Labour Relations Act, 1994 is repealed.

Transition

(2) On the day on which this section comes into force, a collective agreement ceases to apply to a person to whom that Act applied.

(3) On the day on which this section comes into force, a trade union certified under that Act or voluntarily recognized as the bargaining agent for employees to whom that Act applies ceases to be their bargaining agent.

(4) On the day on which this section comes into force, any proceeding commenced under that Act is terminated.

No reprisals

78. (1) No employer, employer's organization or person acting on behalf of an employer or employer's organization shall refuse to employ a person or discriminate against a person in regard to employment or a term or condition of employment because the person was a member of a trade union or had exercised or attempted to exercise any rights under the Agricultural Labour Relations Act, 1994.

(2) Subsection (1) may be enforced under the Labour Relations Act, 1995 as if it formed a part of that Act. For the purposes of section 86 and a complaint under section 95 of that Act, "person" includes a person described in subsection (1).

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

79. (1) Section 65 of the Freedom of Information and Protection of Privacy Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 49, is further amended by adding thefollowing subsection:

Same

(6) This Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following:

1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution.

2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding.

3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest.

Transition

(2) When this section comes into force, no record described in subsection 65 (5) of the Act shall be disclosed under the Act, notwithstanding any decision of the head of an institution authorizing it to be disclosed or order of the Information and Privacy Commissioner or of a court.

Same

(3) When this section comes into force, an outstanding request for access to records described in subsection 65 (5) of the Act shall be deemed to be withdrawn and any proceeding relating to such a request is terminated.

MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

80. (1) Section 52 of the Municipal Freedom of Information and Protection of Privacy Act is amended by adding the following subsection:

Same

(3) This Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following:

1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution.

2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person,bargaining agent or party to a proceeding or an anticipated proceeding.

3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest.

Transition

(2) When this section comes into force, no record described in subsection 52 (3) of the Act shall be disclosed under the Act, notwithstanding any decision of the head of an institution authorizing it to be disclosed or order of the Information and Privacy Commissioner or of a court.

Same

(3) When this section comes into force, an outstanding request for access to records described in subsection 52 (3) of the Act shall be deemed to be withdrawn and any proceeding relating to such a request is terminated.

OCCUPATIONAL HEALTH AND SAFETY ACT

81. (1) Subsection 50 (7) of the Occupational Health and Safety Act, as re-enacted by the Statutes of Ontario, 1992, chapter 21, section 63, is repealed and the following substituted:

Board may substitute penalty

(7) Where on an inquiry by the Ontario Labour Relations Board into a complaint filed under subsection (2), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances. R.S.O. 1990, c. O.1, s. 50 (7).

Transition

(2) A complaint under subsection 50 (2) of the Act in which a final decision has not been issued on the day on which this section comes into force shall be decided as if subsection 50 (7) of the Act, as re-enacted by subsection (1), were in force at all material times.

PUBLIC SERVICE ACT

82. (1) Section 22 of the Public Service Act is amended by adding the following subsection:

Same, reasonable notice

(4.1) A deputy minister may release from employment in accordance with the regulations any public servant on giving the employee reasonable notice or compensation in lieu of reasonable notice.

(2) Subsection 29 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 38, section 63, is further amended by adding the following clause:

(p.1) governing release from employment on reasonable notice.

PART V

COMMENCEMENT AND SHORT TITLE

Commencement

83. (1) This Act, except as provided in subsections (2), (3) and (4), comes into force on the day it receives Royal Assent.

(2) Subsection 15 (1) shall be deemed to have come into force on February 14, 1994.

(3) The following provisions shall be deemed to have come into force on September 7, 1995:

1. Subsections 71 (1), (3) and (4).

2. Sections 72, 73, 74, 75 and 76.

(4) The following provisions shall be deemed to have come into force on October 4, 1995:

1. Subsection 1 (3).

2. Section 4.

3. Subsection 22 (1).

4. Sections 62, 68, 69 and 70.

Short title

84. The short title of this Act is the Labour Relations and Employment Statute Law Amendment Act, 1995.

SCHEDULE A

LABOUR RELATIONS ACT, 1995

Definitions

1. (1) In this Act,

"accredited employers' organization" means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers; ("association patronale accréditée")

"agriculture" includes farming in all its branches, including dairying, beekeeping, aquaculture, the raising of livestock including non-traditional livestock, furbearing animals and poultry, the production, cultivation, growing and harvesting of agricultural commodities, including eggs, maple products, mushrooms and tobacco, and any practices performed as an integral part of an agricultural operation, but does not include anything that was not or would not have been determined to be agriculture under section 2 of the predecessor to this Act as it read on June 22, 1994; ("agriculture")

"bargaining unit" means a unit of employees appropriate for collective bargaining, whether it is an employer unit or a plant unit or a subdivision of either of them; ("unité de négociation")

"Board" means the Ontario Labour Relations Board; ("Commission")

"certified council of trade unions" means a council of trade unions that is certified under this Act as the bargaining agent for a bargaining unit of employees of an employer; ("conseil de syndicats accrédité")

"collective agreement" means an agreement in writing between an employer or an employers' organization, on the one hand, and a trade union that, or a council of trade unions that, represents employees of the employer or employees of members of the employers' organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers' organization, the trade union or the employees, and includes a provincial agreement; ("convention collective")

"construction industry" means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site; ("industrie de la construction")

"council of trade unions" includes an allied council, a trades council, a joint board and any other association of trade unions; ("conseil de syndicats")

"dependent contractor" means a person, whether or not employed under a contract of employment, and whether or not furnishing tools, vehicles, equipment, machinery, material, or any other thing owned by the dependent contractor, who performs work or services for another person for compensation or reward on such terms and conditions that the dependent contractor is in a position of economic dependence upon, and under an obligation to perform duties for, that person more closely resembling the relationship of an employee than that of an independent contractor; ("entrepreneur dépendant")

"employee" includes a dependent contractor; ("employé")

"employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes an accredited employers' organization and a designated or accredited employer bargaining agency; ("association patronale")

"lock-out" 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 employees, with a view to compel or induce the employees, or to aid another employer to compel or induce that employer's employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, an employers' organization, the trade union, or the employees; ("lock-out")

"member", when used with reference to a trade union, includes a person who has applied for membership in the trade union; ("membre")

"Minister" means the Minister of Labour; ("ministre")

"professional engineer" means an employee who is a member of the engineering profession entitled to practise in Ontario and employed in a professional capacity; ("ingénieur")

"strike" includes a cessation of work, a 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 employees designed to restrict or limit output; ("grève")

"trade union" means an organization of employees formed for purposes that include the regulation of relations betweenemployees and employers and includes a provincial, national, or international trade union, a certified council of trade unions and a designated or certified employee bargaining agency. ("syndicat") R.S.O. 1990, c. L.2, s. 1 (1); 1993, c. 27, Sched., amended.

Same

(2) For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of the person's ceasing to work for the person's employer as the result of a lock-out or strike or by reason only of being dismissed by the person's employer contrary to this Act or to a collective agreement.

Same

(3) Subject to section 96, for the purposes of this Act, no person shall be deemed to be an employee,

(a) who is a member of the architectural, dental, land surveying, legal or medical profession entitled to practise in Ontario and employed in a professional capacity; or

(b) who, in the opinion of the Board, exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations.

Same

(4) Where, in the opinion of the Board, associated or related activities or businesses are carried on, whether or not simultaneously, by or through more than one corporation, individual, firm, syndicate or association or any combination thereof, under common control or direction, the Board may, upon the application of any person, trade union or council of trade unions concerned, treat the corporations, individuals, firms, syndicates or associations or any combination thereof as constituting one employer for the purposes of this Act and grant such relief, by way of declaration or otherwise, as it may deem appropriate.

Duty of respondents

(5) Where, in an application made pursuant to subsection (4), it is alleged that more than one corporation, individual, firm, syndicate or association or any combination thereof are or were under common control or direction, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation. R.S.O. 1990, c. L.2, s. 1 (2-5).

Purposes and Application of Act

Purposes

2. The following are the purposes of the Act:

1. To facilitate collective bargaining between employers and trade unions that are the freely-designated representatives of the employees.

2. To recognize the importance of workplace parties adapting to change.

3. To promote flexibility, productivity and employee involvement in the workplace.

4. To encourage communication between employers and employees in the workplace.

5. To recognize the importance of economic growth as the foundation for mutually beneficial relations amongst employers, employees and trade unions.

6. To encourage co-operative participation of employers and trade unions in resolving workplace issues.

7. To promote the expeditious resolution of workplace disputes. New.

Non-application

3. This Act does not apply,

(a) to a domestic employed in a private home;

(b) to a person employed in agriculture, hunting or trapping;

(c) to a person, other than an employee of a municipality or a person employed in silviculture, who is employed in horticulture by an employer whose primary business is agriculture or horticulture;

(d) to a member of a police force within the meaning of the Police Services Act;

(e) to a full-time firefighter within the meaning of the Fire Departments Act;

(f) to a teacher as defined in the School Boards and Teachers Collective Negotiations Act, except as provided in that Act;

(g) to a member of the Ontario Provincial Police Force;

(h) to an employee within the meaning of the Colleges Collective Bargaining Act;

(i) to a provincial judge; or

(j) to a person employed as a labour mediator or labour conciliator. R.S.O. 1990, c. L.2, s. 2; 1993, c. 38, s. 67 (1), amended.

Certain Crown agencies bound

4. (1) This Act binds agencies of the Crown other than those that are designated under clause 29.1 (1) (a) of the Public Service Act.

Crown not bound

(2) Except as provided in subsection (1), this Act does not bind the Crown. New.

Freedoms

Membership in trade union

5. Every person is free to join a trade union of the person's own choice and to participate in its lawful activities. R.S.O. 1990, c. L.2, s. 3.

Membership in employers' organization

6. Every person is free to join an employers' organization of the person's own choice and to participate in its lawful activities. R.S.O. 1990, c. L.2, s. 4.

Establishment of Bargaining Rights by Certification

Application for certification

7. (1) Where no trade union has been certified as bargaining agent of the employees of an employer in a unit that a trade union claims to be appropriate for collective bargaining and the employees in the unit are not bound by a collective agreement, a trade union may apply at any time to the Board for certification as bargaining agent of the employees in the unit. R.S.O. 1990, c. L.2, s. 5 (1), amended.

Same

(2) Where a trade union has been certified as bargaining agent of the employees of an employer in a bargaining unit and has not entered into a collective agreement with the employer and no declaration has been made by the Board that the trade union no longer represents the employees in the bargaining unit, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit determined in the certificate only after the expiration of one year from the date of the certificate. R.S.O. 1990, c. L.2, s. 5 (2), amended.

Same

(3) Where an employer and a trade union agree that the employer recognizes the trade union as the exclusive bargaining agent of the employees in a defined bargaining unit and the agreement is in writing signed by the parties and the parties have not entered into a collective agreement and the Board has not made a declaration under section 65, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the recognition agreement only after the expiration of one year from the date that the recognition agreement was entered into. R.S.O. 1990, c. L.2, s. 5 (3), amended.

Same

(4) Where a collective agreement is for a term of not more than three years, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last two months of its operation. R.S.O. 1990, c. L.2, s. 5 (4), amended.

Same

(5) Where a collective agreement is for a term of more than three years, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be. R.S.O. 1990, c. L.2, s. 5 (5), amended.

Same

(6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be. R.S.O. 1990, c. L.2, s. 5 (6), amended.

Restriction

(7) The right of a trade union to apply for certification under this section is subject to subsection 10 (3), section 66 and subsection 161 (3).

Withdrawal of application

(8) An application for certification may be withdrawn by the applicant upon such conditions as the Board may determine.

Bar to reapplying

(9) The Board shall not consider another application for certification by the trade union as the bargaining agent of the employees in the bargaining unit until one year has elapsed after the application is withdrawn.

Notice to employer

(10) The trade union shall deliver a copy of the application for certification to the employer not later than the day it is filed with the Board.

Proposed bargaining unit

(11) The application for certification shall include a written description of the proposed bargaining unit including an estimate of the number of individuals in the unit.

Evidence

(12) The application for certification shall be accompanied by a list of the names of the union members in the proposed bargaining unit and evidence of their status as union members, but the trade union shall not give this information to the employer.

Same

(13) If the employer disagrees with the description of the proposed bargaining unit, the employer may give the Board a written description of the bargaining unit that the employer proposes and shall do so within two days after the day on which the employer receives the application for certification. New.

Voting constituency

8. (1) Upon receiving an application for certification, the Board may determine the voting constituency to be used for a representation vote and in doing so shall take into account,

(a) the description of the proposed bargaining unit included in the application for certification; and

(b) the description, if any, of the bargaining unit that the employer proposes.

Direction re representation vote

(2) If the Board determines that 40 per cent or more of the individuals in the voting constituency appear to be members of the union at the time the application was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency.

Membership in constituency

(3) The number of individuals in the voting constituency who appear to be members of the trade union shall be determined with reference only to the information provided in the application for certification and the accompanying information provided under subsection 7 (12).

No hearing

(4) The Board shall not hold a hearing when making a decision under subsection (1) or (2).

Timing of vote

(5) Unless the Board directs otherwise, the representation vote shall be held within five days after the day on which the application for certification is filed with the Board.

Conduct of vote

(6) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made.

Sealing of ballot box, etc.

(7) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs.

Subsequent hearing

(8) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application for certification.

Exception

(9) When disposing of an application for certification, the Board shall not consider any challenge to the information provided under subsection 7 (12). New.

Board to determine appropriateness of units

9. (1) Subject to subsection (2), upon an application for certification, the Board shall determine the unit of employees that is appropriate for collective bargaining, but in every case the unit shall consist of more than one employee and the Board may, before determining the unit, conduct a vote of any of the employees of the employer for the purpose of ascertaining the wishes of the employees as to the appropriateness of the unit.

Certification pending resolution of composition of bargaining unit

(2) Where, upon an application for certification, the Board is satisfied that any dispute as to the composition of the bargaining unit cannot affect the trade union's right to certification, the Board may certify the trade union as the bargaining agent pending the final resolution of the compositionof the bargaining unit.

Crafts units

(3) Any group of employees who exercise technical skills or who are members of a craft by reason of which they are distinguishable from the other employees and commonly bargain separately and apart from other employees through a trade union that according to established trade union practice pertains to such skills or crafts shall be deemed by the Board to be a unit appropriate for collective bargaining if the application is made by a trade union pertaining to the skills or craft, and the Board may include in the unit persons who according to established trade union practice are commonly associated in their work and bargaining with the group, but the Board shall not be required to apply this subsection where the group of employees is included in a bargaining unit represented by another bargaining agent at the time the application is made.

Units of professional engineers

(4) A bargaining unit consisting solely of professional engineers shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include professional engineers in a bargaining unit with other employees if the Board is satisfied that a majority of the professional engineers wish to be included in the bargaining unit.

Dependent contractors

(5) A bargaining unit consisting solely of dependent contractors shall be deemed by the Board to be a unit of employees appropriate for collective bargaining but the Board may include dependent contractors in a bargaining unit with other employees if the Board is satisfied that a majority of the dependent contractors wish to be included in the bargaining unit. R.S.O. 1990, c. L.2, s. 6.

Certification after representation vote

10. (1) The Board shall certify a trade union as the bargaining agent of the employees in a bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade union.

No certification

(2) The Board shall not certify the trade union as bargaining agent and shall dismiss the application for certification if 50 per cent or less of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade union.

Bar to reapplying

(3) If the Board dismisses an application for certification under this section, the Board shall not consider anotherapplication for certification by the trade union as the bargaining agent of the employees in the bargaining unit until one year has elapsed after the dismissal. New.

Certification where Act contravened

11. (1) Upon the application of a trade union, the Board may certify the trade union as the bargaining agent for the employees in a bargaining unit in the following circumstances:

1. An employer, employers' organization or person acting on behalf of an employer or employers' organization has contravened the Act.

2. The result of the contravention is that a representation vote does not or would not likely reflect the true wishes of the employees in the bargaining unit about being represented by the trade union.

3. No other remedy, including the taking of another representation vote, is sufficient to counter the effects of the contravention.

4. The trade union has membership support adequate for the purposes of collective bargaining in a bargaining unit found by the Board to be appropriate for collective bargaining.

No certification where Act contravened

(2) Upon the application of an interested person, the Board may dismiss an application for certification of a trade union as the bargaining agent for the employees in a bargaining unit in the following circumstances:

1. A trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions has contravened the Act.

3. No other remedy, including the taking of another representation vote, is sufficient to counter the effects of the contravention.

Use of representation vote

(3) The Board may consider the results of a representation vote when making a decision under this section.

Effect of representation vote

(4) Subsections 10 (1) and (2) do not apply with respect to a representation vote taken in the circumstances described in this section. New.

Certification of councils of trade unions

12. (1) Sections 7 to 15, 125 and 127 apply with necessary modifications to an application for certification by a council of trade unions, but, before the Board certifies such a council as bargaining agent for the employees of an employer in a bargaining unit, the Board shall satisfy itself that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

Postponement of disposition

(2) Where the Board is of opinion that appropriate authority has not been vested in the applicant, the Board may postpone disposition of the application to enable the constituent unions to vest such additional or other authority as the Board considers necessary. R.S.O. 1990, c. L.2, s. 10 (1, 2).

Membership

(3) For the purposes of sections 7 and 8, a person who is a member of any constituent trade union of a council shall be deemed by the Board to be a member of the council. R.S.O. 1990, c. L.2, s. 10 (3), amended.

Right of access

13. Where employees of an employer reside on the property of the employer, or on property to which the employer has the right to control access, the employer shall, upon a direction from the Board, allow the representative of a trade union access to the property on which the employees reside for the purpose of attempting to persuade the employees to join a trade union. R.S.O. 1990, c. L.2, s. 11.

Security guards

14. (1) This section applies with respect to guards who monitor other employees or who protect the property of an employer.

Trade union with members other than guards, etc.

(2) Unless the employer notifies the Board that it objects, a trade union that admits to membership persons who are not guards or that is chartered by or affiliated with an organization that does so may be certified as the bargaining agent for a bargaining unit composed solely of guards.

Mixed bargaining unit

(3) Unless the employer notifies the Board that it objects, a bargaining unit may include guards and persons who are notguards.

If objection

(4) If the employer objects, the trade union must satisfy the Board that no conflict of interest would result from the trade union becoming the bargaining agent or from including persons other than guards in the bargaining unit.

Conflict of interest

(5) The Board shall consider the following factors in determining whether a conflict of interest would result:

1. The extent of the guards' duties monitoring other employees of their employer or protecting their employer's property.

2. Any other duties or responsibilities of the guards that might give rise to a conflict of interest.

3. Such other factors as the Board considers relevant.

Certification

(6) If the Board is satisfied that no conflict of interest would result, the Board may certify the trade union to represent the bargaining unit. New.

What unions not to be certified

15. The Board shall not certify a trade union if any employer or any employers' organization has participated in its formation or administration or has contributed financial or other support to it or if it discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code or the Canadian Charter of Rights and Freedoms. R.S.O. 1990, c. L.2, s. 13.

Negotiation of Collective Agreements

Notice of desire to bargain

16. Following certification, the trade union shall give the employer written notice of its desire to bargain with a view to making a collective agreement. R.S.O. 1990, c. L.2, s. 14.

Obligation to bargain

17. The parties shall meet within 15 days from the giving of the notice or within such further period as the parties agree upon and they shall bargain in good faith and make every reasonable effort to make a collective agreement. R.S.O. 1990, c. L.2, s. 15.

Appointment of conciliation officer, where notice given

18. (1) Where notice has been given under section 16 or 58, the Minister, upon the request of either party, shall appoint aconciliation officer to confer with the parties and endeavour to effect a collective agreement.

Same, where no notice given

(2) Despite the failure of a trade union to give written notice under section 16 or the failure of either party to give written notice under sections 58 and 131, where the parties have met and bargained, the Minister, upon the request of either party, may appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.

Same, voluntary recognition

(3) Where an employer and a trade union agree that the employer recognizes the trade union as the exclusive bargaining agent of the employees in a defined bargaining unit and the agreement is in writing signed by the parties, the Minister may, upon the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.

Second conciliation

(4) Despite anything in this Act, where the Minister has appointed a conciliation officer or a mediator and the parties have failed to enter into a collective agreement within 15 months from the date of such appointment, the Minister may, upon the joint request of the parties, again appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement, and, upon the appointment being made, sections 19 to 36 and 78 to 85 apply, but the appointment is not a bar to an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit. R.S.O. 1990, c. L.2, s. 16.

Appointment of mediator

19. (1) Where the Minister is required or authorized to appoint a conciliation officer, the Minister may, on the request in writing of the parties, appoint a mediator selected by them jointly before he or she has appointed a conciliation board or has informed the parties that he or she does not consider it advisable to appoint a conciliation board.

Same

(2) Where the Minister has appointed a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is thereby terminated. R.S.O. 1990, c. L.2, s. 17.

Duties

20. (1) Where a conciliation officer is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement and he or she shall, within 14 days from his or her appointment, report the result of his or her endeavour tothe Minister.

Extension of 14-day period

(2) The period mentioned in subsection (1) may be extended by agreement of the parties or by the Minister upon the advice of the conciliation officer that a collective agreement may be made within a reasonable time if the period is extended.

Report of settlement

(3) Where the conciliation officer reports to the Minister that the differences between the parties concerning the terms of a collective agreement have been settled, the Minister shall forthwith by notice in writing inform the parties of the report. R.S.O. 1990, c. L.2, s. 18.

Conciliation board, appointment of members

21. If the conciliation officer is unable to effect a collective agreement within the time allowed under section 20,

(a) the Minister shall forthwith by notice in writing request each of the parties, within five days of the receipt of the notice, to recommend one person to be a member of a conciliation board, and upon the receipt of the recommendations or upon the expiration of the five-day period he or she shall appoint two members who in his or her opinion represent the points of view of the respective parties, and the two members so appointed may, within three days after they are appointed, jointly recommend a third person to be a member and chair of the board, and upon the receipt of the recommendation or upon the expiration of the three-day period, he or she shall appoint a third person to be a member and chair of the board; or

(b) the Minister shall forthwith by notice in writing inform each of the parties that he or she does not consider it advisable to appoint a conciliation board. R.S.O. 1990, c. L.2, s. 19.

Certain persons prohibited as members

22. No person shall act as a member of a conciliation board who has any pecuniary interest in the matters coming before it or who is acting, or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties. R.S.O. 1990, c. L.2, s. 20.

Notice to parties of appointment

23. (1) When the members of the conciliation board have been appointed, the Minister shall forthwith give notice of their names to the parties and thereupon the board shall be deemed to have been established.

Presumption of establishment

(2) When notice under subsection (1) has been given, it shall be presumed conclusively that the conciliation board has been established in accordance with this Act, and no order shall be made or process entered or proceedings taken in any court, whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto, or otherwise, to question the establishment of the conciliation board or the appointment of any of its members, or to review, prohibit or restrain any of its proceedings. R.S.O. 1990, c. L.2, s. 21.

Vacancies

24. (1) If a person ceases to be a member of a conciliation board by reason of his or her resignation or death before it has completed its work, the Minister shall appoint a member in his or her place after consulting the party whose point of view was represented by the person.

Appointment of new member in place of member

(2) If in the opinion of the Minister a member of a conciliation board has failed to enter on his or her duties so as to enable it to report to the Minister within a reasonable time after its appointment, the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by the person.

Appointment of new chair

(3) If the chair of a conciliation board is unable to enter on his or her duties so as to enable it to report to the Minister within a reasonable time after its appointment, he or she shall advise the Minister of his or her inability and the Minister may appoint a person to act as chair in his or her place. R.S.O. 1990, c. L.2, s. 22.

Terms of reference

25. As soon as a conciliation board has been established, the Minister shall deliver to its chair a statement of the matters referred to it and the Minister may, either before or after its report is made, amend or add to the statement. R.S.O. 1990, c. L.2, s. 23.

Oath of Office

26. Each member of a conciliation board shall, before entering upon his or her duties, take and subscribe before a person authorized to administer oaths or before another member of the board, and file with the Minister, an oath in the following form, in English or in French:

I do solemnly swear (or solemnly affirm) that I am not disqualified under section 22 of the Labour Relations Act, 1995 from acting as a member of a conciliation board and that I will faithfully, truly and impartially, to the best of my knowledge, skill and ability, execute and perform the office of member (or chair) of the conciliation board established to.............................................................................................................................................................................................................................................................................................. ........................

and that I will not, except as I am legally authorized, disclose to any person any of the evidence or other matter brought before the board. So help me God. (omit this phrase in an affirmation).

R.S.O. 1990, c. L.2, s. 24.

Duties

27. As soon as a conciliation board is established, it shall endeavour to effect agreement between the parties on the matters referred to it. R.S.O. 1990, c. L.2, s. 25.

Procedure

28. (1) Subject to this Act, a conciliation board shall determine its own procedure.

Presentation of evidence

(2) A conciliation board shall give full opportunity to the parties to present their evidence and make their submissions. R.S.O. 1990, c. L.2, s. 26.

Sittings

29. The chair of a conciliation board shall, after consultation with the other members of the board, fix the time and place of its sittings, and her or she shall notify the parties and the other members of the board of the time and place so fixed. R.S.O. 1990, c. L.2, s. 27.

Minister to be informed of first sitting

30. The chair of a conciliation board shall in writing, immediately upon the conclusion of its first sitting, inform the Minister of the date on which the sitting was held. R.S.O. 1990, c. L.2, s. 28.

Quorum

31. The chair and one other member of a conciliation board or, in the absence of the chair and with his or her written consent, the other two members constitute a quorum, but, in the absence of one of the members other than the chair, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting. R.S.O. 1990, c. L.2, s. 29.

Casting vote

32. If the members of a conciliation board are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs. R.S.O. 1990, c. L.2, s. 30.

Power

33. A conciliation board has power,

(a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath,and to produce such documents and things as the board considers requisite to the full investigation and consideration of the matters referred to it in the same manner as a court of record in civil cases;

(b) to administer oaths and affirmations;

(c) to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not;

(d) to enter any premises where work is being done or has been done by the employees or in which the employer carries on business or where anything is taking place or has taken place concerning any of the matters referred to the board, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any such thing or any of such matters;

(e) to authorize any person to do anything that the board may do under clause (d) and to report to the board thereon. R.S.O. 1990, c. L.2, s. 31, revised.

When report to be made

34. (1) A conciliation board shall report its findings and recommendations to the Minister within 30 days after its first sitting.

Extension of period

(2) The period mentioned in subsection (1) may be extended,

(a) for a further period not exceeding 30 days,

(i) by the Minister at the request of the chair of the conciliation board, or

(ii) by agreement of the parties; or

(b) for a further period beyond the period fixed in clause (a) that the parties may agree upon and as the Minister may approve.

Report

(3) The report of the majority constitutes the report of the conciliation board, but, where there is no majority agreement or where the board is unable to report within the time allowed under subsection (1) or (2), the chair shall notify the Minister in writing that there has been no agreement or that the board is unable to report, as the case may be, and in either case the notification constitutes the report of the board.

Clarification, etc., of report

(4) After a conciliation board has made its report, the Minister may direct it to clarify or amplify any part of its report, and the report shall not be deemed to have been received by the Minister until it has been so clarified or amplified.

Copies of reports to parties

(5) On receipt of the report of the conciliation board or the mediator, the Minister shall forthwith release a copy to each of the parties. R.S.O. 1990, c. L.2, s. 32.

Duty of mediator

35. (1) Where a mediator is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement.

Powers

(2) A mediator has all the powers of a conciliation board under section 33.

Sections 30 and 34 apply

(3) Sections 30 and 34 apply with necessary modifications to a mediator.

Report

(4) The report of a mediator has the same effect as the report of a conciliation board. R.S.O. 1990, c. L.2, s. 33.

Failure to report

36. Failure of a conciliation officer to report to the Minister within the time provided in this Act does not invalidate the proceedings of the conciliation officer. R.S.O. 1990, c. L.2, s. 34.

Industrial inquiry commission

37. (1) The Minister may establish an industrial inquiry commission to inquire into and report to the Minister on any industrial matter or dispute that the Minister considers advisable.

Composition and powers

(2) The industrial inquiry commission shall consist of one or more members appointed by the Minister and the commission shall have all the powers of a conciliation board under section 31.

Remuneration and expenses

(3) The chair and members of the commission shall be paid remuneration and expenses at the same rate as is payable to a chair and members of a conciliation board under this Act. R.S.O. 1990, c. L.2, s. 35.

Appointment of special officer

38. (1) Where, at any time during the operation of acollective agreement, the Minister considers that it will promote more harmonious industrial relations between the parties, the Minister may appoint a special officer to confer with the parties and assist them in an examination and discussion of their current relationship or the resolution of anticipated bargaining problems.

Duties of special officer

(2) A special officer appointed under subsection (1) shall confer with the parties and shall report to the Minister within 30 days of his or her appointment and upon the filing of his or her report his or her appointment shall terminate unless it is extended by the Minister.

Qualifications of special officer

(3) Any person knowledgeable in industrial relations may be appointed a special officer, whether or not he or she is an employee of the Crown. R.S.O. 1990, c. L.2, s. 36.

Disputes Advisory Committee

39. (1) The Minister may appoint a Disputes Advisory Committee composed of one or more representatives of employers and one or more representatives of employees.

Purpose of Committee

(2) At any time during the course of bargaining, either before or after the commencement of a strike or lock-out, where it appears to the Minister that the normal conciliation and mediation procedures have been exhausted, the Minister may request that the Disputes Advisory Committee be convened to confer with, advise and assist the bargaining parties. R.S.O. 1990, c. L.2, s. 37.

Voluntary arbitration

40. (1) Despite any other provision of this Act, the parties may at any time following the giving of notice of desire to bargain under section 16 or 58, irrevocably agree in writing to refer all matters remaining in dispute between them to an arbitrator or a board of arbitration for final and binding determination. R.S.O. 1990, c. L.2, s. 38 (1).

Powers of arbitrator or board of arbitration

(2) The agreement to arbitrate shall supersede all other dispute settlement provisions of this Act, including those provisions relating to conciliation, mediation, strike and lock-out, and the provisions of subsections 48 (6), (7), (10), (11) and (15) to (17) apply with necessary modifications to the proceedings before the arbitrator or board of arbitration and to its decision under this section. R.S.O. 1990, c. L.2, s. 38 (2), amended.

Effect of agreement

(3) For the purposes of section 66 and section 132, an irrevocable agreement in writing referred to in subsection (1) shall have the same effect as a collective agreement. R.S.O. 1990, c. L.2, s. 38 (3).

Where Minister may require ratification vote

41. Where, at any time after the commencement of a strike or lock-out, the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may, on such terms as he or she considers necessary, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held forthwith. R.S.O. 1990, c. L.2, s. 39.

Vote on employer's offer

42. (1) Before or after the commencement of a strike or lock-out, the employer of the employees in the affected bargaining unit may request that a vote of the employees be taken as to the acceptance or rejection of the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties and the Minister shall, and in the construction industry the Minister may, on the terms that he or she considers necessary direct that a vote of the employees to accept or reject the offer be held and thereafter no further such request shall be made.

Time limits and periods not affected

(2) A request for the taking of a vote, or the holding of a vote, under subsection (1) does not abridge or extend any time limits or periods provided for in this Act. R.S.O. 1990, c. L.2, s. 40.

First agreement arbitration

43. (1) Where the parties are unable to effect a first collective agreement and the Minister has released a notice that it is not considered advisable to appoint a conciliation board or the Minister has released the report of a conciliation board, either party may apply to the Board to direct the settlement of a first collective agreement by arbitration.

Duty of Board

(2) The Board shall consider and make its decision on an application under subsection (1) within 30 days of receiving the application and it shall direct the settlement of a first collective agreement by arbitration where, irrespective of whether section 17 has been contravened, it appears to the Board that the process of collective bargaining has been unsuccessful because of,

(a) the refusal of the employer to recognize the bargaining authority of the trade union;

(b) the uncompromising nature of any bargaining position adopted by the respondent without reasonable justification;

(d) any other reason the Board considers relevant.

Choice of arbitrator

(3) Where a direction is given under subsection (2), the first collective agreement between the parties shall be settled by a board of arbitration unless within seven days of the giving of the direction the parties notify the Board that they have agreed that the Board arbitrate the settlement.

Arbitration by Board

(4) Where the parties give notice to the Board of their agreement that the Board arbitrate the settlement of the first collective agreement, the Board,

(a) shall appoint a date for and commence a hearing within 21 days of the giving of the notice to the Board; and

(b) shall determine all matters in dispute and release its decision within 45 days of the commencement of the hearing. R.S.O. 1990, c. L.2, s. 41 (1-4).

Same

(5) The parties to an arbitration by the Board shall jointly pay to the Board for payment into the Consolidated Revenue Fund the amount determined under the regulations for the expense of the arbitration. New.

Private arbitration

(6) Where the parties do not agree that the Board arbitrate the settlement of the first collective agreement, each party, within 10 days of the giving of the direction under subsection (2), shall inform the other party of the name of its appointee to the board of arbitration referred to in subsection (3) and the appointees so selected, within five days of the appointment of the second of them, shall appoint a third person who shall be the chair.

Same

(7) If a party fails to make appointment as required by subsection (6) or if the appointees fail to agree upon a chair within the time limited, the appointment shall be made by theMinister upon the request of either party.

Same

(8) A board of arbitration appointed under this section shall determine its own procedure but shall give full opportunity to the parties to present their evidence and make their submissions and section 116 applies to the board of arbitration, its decision and proceedings as if it were the Board.

Same

(9) The remuneration and expenses of the members of a board of arbitration appointed under this section shall be paid as follows:

1. A party shall pay the remuneration and expenses of the member appointed by or on behalf of the party.

2. Each party shall pay one-half of the remuneration and expenses of the chair.

Same

(10) Subsections 6 (8), (9), (10), (12), (13), (14), (17) and (18) of the Hospital Labour Disputes Arbitration Act and subsections 48 (11) and (15) of this Act apply with necessary modifications to a board of arbitration established under this section.

Same

(11) The date of the first hearing of a board of arbitration appointed under this section shall not be later than 21 days after the appointment of the chair.

Same

(12) A board of arbitration appointed under this section shall determine all matters in dispute and release its decision within 45 days of the commencement of its hearing of the matter.

Mediation

(13) The Minister may appoint a mediator to confer with the parties and endeavour to effect a settlement. R.S.O. 1990, c. L.2, s. 41 (5-12).

Effect of direction on strike or lock-out

(14) The employees in the bargaining unit shall not strike and the employer shall not lock out the employees where a direction has been given under subsection (2) and, where the direction is made during a strike by, or a lock-out of, employees in the bargaining unit, the employees shall forthwith terminate the strike or the employer shall forthwith terminate the lock-out and the employer shall forthwith reinstate the employees in the bargaining unit in the employment they had at the time the strike or lock-out commenced,

(a) in accordance with any agreement between the employer and the trade union respecting reinstatement of the employees in the bargaining unit; or

(b) where there is no agreement respecting reinstatement of the employees in the bargaining unit, on the basis of the length of service of each employee in relation to that of the other employees in the bargaining unit employed at the time the strike or lock-out commenced, except as may be directed by an order of the Board made for the purpose of allowing the employer to resume normal operations. R.S.O. 1990, c. L.2, s. 41 (13); 1993, c. 27, Sched.

Non-application

(15) The requirement to reinstate employees set out in subsection (14) applies despite the fact that replacement employees may be performing the work of employees in the bargaining unit, but subsection (14) does not apply so as to require reinstatement of an employee where, because of the permanent discontinuance of all or part of the business of the employer, the employer no longer has persons engaged in performing work of the same or a similar nature to work which the employee performed before the strike or lock-out. R.S.O. 1990, c. L.2, s. 41 (14).

Working conditions not to be altered

(16) Where a direction has been given under subsection (2), the rates of wages and all other terms and conditions of employment and all rights, privileges and duties of the employer, the employees and the trade union in effect at the time notice was given under section 16 shall continue in effect, or, if altered before the giving of the direction, be restored and continued in effect until the first collective agreement is settled. R.S.O. 1990, c. L.2, s. 41 (15), revised.

Non-application

(17) Subsection (16) does not apply so as to effect any alteration in rates of wages or in any other term or condition of employment agreed to by the employer and the trade union.

Matters to be accepted or considered

(18) In arbitrating the settlement of a first collective agreement under this section, matters agreed to by the parties, in writing, shall be accepted without amendment.

Effect of settlement

(19) A first collective agreement settled under this section is effective for a period of two years from the date on which it is settled and it may provide that any of the terms of the agreement, except its term of operation, shall be retroactive to the day that the Board may fix, but not earlier than the day onwhich notice was given under section 16.

Extension of time

(20) The parties, by agreement in writing, or the Minister may extend any time limit set out in this section, despite the expiration of the time.

Non-application

(21) This section does not apply to the negotiation of a first collective agreement,

(a) where one of the parties is an employers' organization accredited under section 136 as a bargaining agent for employers; or

(b) where the agreement is a provincial agreement within the meaning of section 152.

Application

(22) This section applies to an employer and a trade union where the trade union has acquired or acquires bargaining rights for employees of the employer before or after May 26, 1986, and the bargaining rights have been acquired since January 1, 1984 and continue to exist at the time of an application under subsection (1).

Application for termination, etc.

(23) Despite subsection (2), where an application under subsection (1) has been filed with the Board and a final decision on the application has not been issued by it and there has also been filed with the Board, either or both,

(a) an application for a declaration that the trade union no longer represents the employees in the bargaining unit; and

(b) an application for certification by another trade union as bargaining agent for employees in the bargaining unit,

the Board shall consider the applications in the order that it considers appropriate and if it grants one of the applications, it shall dismiss any other application described in this section that remains unconsidered.

Same

(24) An application for a declaration that a trade union no longer represents the employees in the bargaining unit filed with the Board after the Board has given a direction under subsection (2) is of no effect unless it is brought after the first collective agreement is settled and unless it is brought in accordance with subsection 62 (2).

Same

(25) An application for certification by another trade union as bargaining agent for employees in the bargaining unit filed with the Board after the Board has given a direction under subsection (2) is of no effect unless it is brought after the first collective agreement is settled and unless it is brought in accordance with subsections 7 (4), (5) and (6).

Procedure

(26) The Arbitration Act, 1991 does not apply to an arbitration under this section. R.S.O. 1990, c. L.2, s. 41 (16-25).

Mandatory ratification vote

44. (1) A collective agreement entered into after the day on which this section comes into force has no effect until it has been ratified by a vote of the employees in the bargaining unit.

Exceptions

(2) Subsection (1) does not apply with respect to a collective agreement imposed by order of the Board or settled by arbitration.

Same

(3) The vote must be held in accordance with subsections 78 (5) to (7). New.

Contents of Collective Agreements

Recognition provision

45. (1) Every collective agreement shall be deemed to provide that the trade union that is a party thereto is recognized as the exclusive bargaining agent of the employees in the bargaining unit defined therein.

Recognition of accredited employers' organization

(2) Every collective agreement to which an accredited employers' organization is a party shall be deemed to provide that the accredited employers' organization is recognized as the exclusive bargaining agent of the employers in the unit of employers for whom the employers' organization has been accredited. R.S.O. 1990, c. L.2, s. 42.

Provision against strikes and lock-outs

46. Every collective agreement shall be deemed to provide that there will be no strikes or lock-outs so long as the agreement continues to operate. R.S.O. 1990, c. L.2, s. 43.

Deduction and remittance of union dues

47. (1) Except in the construction industry and subject to section 52, where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall beincluded in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union, forthwith.

Definition

(2) In subsection (1),

"regular union dues" means,

(a) in the case of an employee who is a member of the trade union, the dues uniformly and regularly paid by a member of the trade union in accordance with the constitution and by-laws of the trade union, and

(b) in the case of an employee who is not a member of the trade union, the dues referred to in clause (a), excluding any amount in respect of pension, superannuation, sickness insurance or any other benefit available only to members of the trade union. R.S.O. 1990, c. L.2, s. 44.

Arbitration provision

48. (1) Every collective agreement shall provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable. R.S.O. 1990, c. L.2, s. 45 (1), revised.

Same

(2) If a collective agreement does not contain a provision that is mentioned in subsection (1), it shall be deemed to contain a provision to the following effect:

Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall within five days inform the other party of the name of its appointee to the arbitration board, The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chair. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chair within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chair governs.

R.S.O. 1990, c. L.2, s. 45 (2), revised.

Where arbitration provision inadequate

(3) If, in the opinion of the Board, any part of the arbitration provision, including the method of appointment of the arbitrator or arbitration board, is inadequate, or if the provision set out in subsection (2) is alleged by either party to be unsuitable, the Board may, on the request of either party, modify the provision so long as it conforms with subsection (1), but, until so modified, the arbitration provision in the collective agreement or in subsection (2), as the case may be, applies.

Appointment of arbitrator by Minister

(4) Despite subsection (3), if there is failure to appoint an arbitrator or to constitute a board of arbitration under a collective agreement, the Minister, upon the request of either party, may appoint the arbitrator or make the appointments that are necessary to constitute the board of arbitration, as the case may be, and any person so appointed by the Minister shall be deemed to have been appointed in accordance with the collective agreement.

Payment of arbitrators

(5) Where the Minister has appointed an arbitrator or the chair of a board of arbitration under subsection (4), each of the parties shall pay one-half the remuneration and expenses of the person appointed, and, where the Minister has appointed a member of a board of arbitration under subsection (4) on failure of one of the parties to make the appointment, that party shall pay the remuneration and expenses of the person appointed. R.S.O. 1990, c. L.2, s. 45 (3-5).

Time for decision

(6) An arbitrator shall give a decision within 30 days after hearings on the matter submitted to arbitration are concluded.

Same, arbitration board

(7) An arbitration board shall give a decision within 60 days after hearings on the matter submitted to arbitration are concluded.

Same

(8) The time described in subsection (6) or (7) for giving a decision may be extended,

(a) with the consent of the parties to the arbitration; or

(b) in the discretion of the arbitrator or arbitration board so long as he, she or it states in the decision the reasons for extending the time.

Oral decision

(9) An arbitrator or arbitration board may give an oral decision and, if he, she or it does so, subsection (6) or (7)does not apply and the arbitrator or arbitration board,

(a) shall give the decision promptly after hearings on the matter are concluded;

(b) shall give a written decision, without reasons, promptly upon the request of either party; and

Orders re decisions

(10) If the arbitrator or arbitration board does not give a decision within the time described in subsection (6) or (7) or does not provide written reasons within the time described in subsection (9), the Minister may,

(a) make such orders as he or she considers necessary to ensure that the decision or reasons will be given without undue delay; and

(b) make such orders as he or she considers appropriate respecting the remuneration and expenses of the arbitrator or arbitration board. 1992, c. 21, s. 23 (3), part.

Powers of arbitrators, chair of arbitration boards, and arbitration boards

(11) An arbitrator or the chair of an arbitration board, as the case may be, has power,

(a) to require any party to furnish particulars before or during a hearing;

(b) to require any party to produce documents or things that may be relevant to the matter and to do so before or during the hearing;

(d) to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath in the same manner as a court of record in civil cases; and

(e) to administer oaths and affirmations,

and an arbitrator or an arbitration board, as the case may be, has power,

(f) to accept the oral or written evidence as the arbitrator or the arbitration board, as the case may be, in its discretion considers proper, whether admissible in a court of law or not;

(g) to enter any premises where work is being done or has been done by the employees or in which the employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to the arbitrator or the arbitration board, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any such thing or any of such differences;

(h) to authorize any person to do anything that the arbitrator or arbitration board may do under clause (g) and to report to the arbitrator or the arbitration board thereon;

(i) to make interim orders concerning procedural matters. R.S.O. 1990, c. L.2, s. 45 (8); 1992, c. 21, s. 23 (3), part, amended.

Restriction re interim orders

(12) An arbitrator or the chair of an arbitration board shall not make an interim order under clause (11) (i) requiring an employer to reinstate an employee in employment. New.

Extension of time

(13) Except where a collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension. R.S.O. 1990, c. L.2, s. 45 (6).

Substitution of penalty

(14) Where an arbitrator or arbitration board determines that an employee has been discharged or otherwise disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject-matter of the arbitration, the arbitrator or arbitration board may substitute such other penalty for the discharge or discipline as to the arbitrator or arbitration board seems just and reasonable in all the circumstances. R.S.O. 1990, c. L.2, s. 45 (9), revised.

Effect of arbitrator's decision

(15) The decision of an arbitrator or of an arbitration boardis binding,

(a) upon the parties;

(b) in the case of a collective agreement between a trade union and an employers' organization, upon the employers covered by the agreement who are affected by the decision;

(c) in the case of a collective agreement between a council of trade unions and an employer or an employers' organization, upon the members or affiliates of the council and the employer or the employers covered by the agreement, as the case may be, who are affected by the decision; and

(d) upon the employees covered by the agreement who are affected by the decision,

and the parties, employers, trade unions and employees shall do or abstain from doing anything required of them by the decision.

Enforcement of arbitration decisions

(16) Where a party, employer, trade union or employee has failed to comply with any of the terms of the decision of an arbitrator or arbitration board, any party, employer, trade union or employee affected by the decision may file in the Ontario Court (General Division) a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such.

Procedure

(17) The Arbitration Act, 1991 does not apply to arbitrations under collective agreements. R.S.O. 1990, c. L.2, s. 45 (10-12).

Referral of grievances to a single arbitrator

49. (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable. R.S.O. 1990, c. L.2, s. 46 (1), revised.

Request for references

(2) Subject to subsection (3), a request under subsection (1) may be made by a party to the collective agreement in writing after the grievance procedure under the agreement has been exhausted or after 30 days have elapsed from the time at whichthe grievance was first brought to the attention of the other party, whichever first occurs, but no such request shall be made beyond the time, if any, stipulated in or permitted under the agreement for referring the grievance to arbitration.

Same

(3) Despite subsection (2), where a difference between the parties to a collective agreement is a difference respecting discharge from or other termination of employment, a request under subsection (1) may be made by a party to the collective agreement in writing after the grievance procedure under the agreement has been exhausted or after 14 days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever first occurs, but no such request shall be made beyond the time, if any, stipulated in or permitted under the agreement for referring the grievance to arbitration.

Minister to appoint arbitrator

(4) Where a request is received under subsection (1), the Minister shall appoint a single arbitrator who shall have exclusive jurisdiction to hear and determine the matter referred to him or her, including any question as to whether a matter is arbitrable and any question as to whether the request was timely.

Same

(5) Where a request or more than one request concerns several differences arising under the collective agreement, the Minister may in his or her discretion appoint an arbitrator under subsection (4) to deal with all the differences raised in the request or requests.

Settlement officer

(6) The Minister may appoint a settlement officer to confer with the parties and endeavour to effect a settlement prior to the hearing by an arbitrator appointed under subsection (4). R.S.O. 1990, c. L.2, s. 46 (2-6).

Powers and duties of arbitrator

(7) An arbitrator appointed under subsection (4) shall commence to hear the matter referred to him or her within 21 days after the receipt of the request by the Minister and the provisions of subsections 48 (6) and (8) to (17) apply with all necessary modifications to the arbitrator, the parties and the decision of the arbitrator. R.S.O. 1990, c. L.2, s. 46 (7), amended.

Oral decisions

(8) Upon the agreement of the parties, the arbitrator shall deliver an oral decision forthwith or as soon as practicable without giving his or her reasons in writing therefor.

Payment of arbitrator

(9) Where the Minister has appointed an arbitrator under subsection (4), each of the parties shall pay one-half of the remuneration and expenses of the person appointed.

Approval of arbitrators, etc.

(10) The Minister may establish a list of approved arbitrators and, for the purpose of advising him or her with respect to persons qualified to act as arbitrators and matters relating to arbitration, the Minister may constitute a labour-management advisory committee composed of a chair to be designated by the Minister and six members, three of whom shall represent employers and three of whom shall represent trade unions, and their remuneration and expenses shall be as the Lieutenant Governor in Council determines. R.S.O. 1990, c. L.2, s. 46 (8-10).

Consensual mediation-arbitration

50. (1) Despite any grievance or arbitration provision in a collective agreement or deemed to be included in the collective agreement under section 48, the parties to the collective agreement may, at any time, agree to refer one or more grievances under the collective agreement to a single mediator-arbitrator for the purpose of resolving the grievances in an expeditious and informal manner.

Prerequisite

(2) The parties shall not refer a grievance to a mediator-arbitrator unless they have agreed upon the nature of any issues in dispute.

Appointment by Minister

(3) The parties may jointly request the Minister to appoint a mediator-arbitrator if they are unable to agree upon one and the Minister shall make the appointment.

Proceedings to begin

(4) Subject to subsection (5), a mediator-arbitrator apppointed by the Minister shall begin proceedings within 30 days after being appointed.

Same

(5) The Minister may direct a mediator-arbitrator appointed by him or her to begin proceedings on such date as the parties jointly request.

Mediation

(6) The mediator-arbitrator shall endeavour to assist the parties to settle the grievance by mediation.

Arbitration

(7) If the parties are unable to settle the grievance by mediation, the mediator-arbitrator shall endeavour to assist theparties to agree upon the material facts in dispute and then shall determine the grievance by arbitration.

Same

(8) When determining the grievance by arbitration, the mediator-arbitrator may limit the nature and extent of evidence and submissions and may impose such conditions as he or she considers appropriate.

Time for decision

(9) The mediator-arbitrator shall give a succinct decision within five days after completing proceedings on the grievance submitted to arbitration.

Application

(10) Subsections 48 (11) to (16) apply with respect to a mediator-arbitrator and a settlement, determination or decision under this section. 1992, c. 21, s. 25.

Permissive provisions

51. (1) Despite anything in this Act, but subject to subsection (4), the parties to a collective agreement may include in it provisions,

(a) for requiring, as a condition of employment, membership in the trade union that is a party to or is bound by the agreement or granting a preference of employment to members of the trade union, or requiring the payment of dues or contributions to the trade union;

(b) for permitting an employee who represents the trade union that is a party to or is bound by the agreement to attend to the business of the trade union during working hours without deduction of the time so occupied in the computation of the time worked for the employer and without deduction of wages in respect of the time so occupied;

(c) for permitting the trade union that is a party to or is bound by the agreement the use of the employer's premises for the purposes of the trade union without payment therefor.

Where non-member employee cannot be required to be discharged

(2) No trade union that is a party to a collective agreement containing a provision mentioned in clause (1) (a) shall require the employer to discharge an employee because,

(a) the employee has been expelled or suspended from membership in the trade union; or

(b) membership in the trade union has been denied to orwithheld from the employee;

for the reason that the employee,

(d) has engaged in activity against the trade union or on behalf of another trade union;

(e) has engaged in reasonable dissent within the trade union;

(f) has been discriminated against by the trade union in the application of its membership rules; or

(g) has refused to pay initiation fees, dues or other assessments to the trade union which are unreasonable.

Where subs. (2) does not apply

(3) Subsection (2) does not apply to an employee who has engaged in unlawful activity against the trade union mentioned in clause (1) (a) or an officer, official or agent thereof or whose activity against the trade union or on behalf of another trade union has been instigated or procured by the employee's employer or any person acting on the employer's behalf or whose employer or a person acting on the employer's behalf has participated in such activity or contributed financial or other support to the employee in respect of the activity.

Union security provision in first agreement

(4) A trade union and the employer of the employees concerned shall not enter into a collective agreement that includes provisions requiring, as a condition of employment, membership in the trade union that is a party to or is bound by the agreement unless the trade union has established at the time it entered into the agreement that not less than 55 per cent of the employees in the bargaining unit were members of the trade union, but this subsection does not apply,

(a) where the trade union has been certified as the bargaining agent of the employees of the employer in the bargaining unit;

(b) where the trade union has been a party to or bound by a collective agreement with the employer for at least one year;

(c) where the employer becomes a member of an employer's organization that has entered into a collective agreement with the trade union or council of trade unions containing such a provision and agrees with the trade union or council of trade unions to be bound bysuch agreement; or

(d) where the employer and the employer's employees in the bargaining unit are engaged in the construction, alteration, decoration, repair or demolition of a building, structure, road, sewer, water or gas main, pipe line, tunnel, bridge, canal, or other work at the site.

Continuation of permissive provisions

(5) Despite anything in this Act, where the parties to a collective agreement have included in it any of the provisions permitted by subsection (1), any of such provisions may be continued in effect during the period when the parties are bargaining with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement.

Same

(6) Despite anything in this Act, where the parties to a collective agreement have included in it any of the provisions permitted by subsection (1) and the employer who was a party to or was bound by the agreement sells the employer's business within the meaning of section 68, any of the provisions that were included in the collective agreement may be continued in effect during the period when the person to whom the business was sold and the trade union that is the bargaining agent for the person's employees in the appropriate bargaining unit by reason of the sale bargain with a view to the making of a new agreement. R.S.O. 1990, c. L.2, s. 47.

Religious objections

52. (1) Where the Board is satisfied that an employee because of his or her religious conviction or belief,

(a) objects to joining a trade union; or

(b) objects to the paying of dues or other assessments to a trade union,

the Board may order that the provisions of a collective agreement of the type mentioned in clause 51 (1) (a) do not apply to the employee and that the employee is not required to join the trade union, to be or continue to be a member of the trade union, or to pay any dues, fees or assessments to the trade union, provided that amounts equal to any initiation fees, dues or other assessments are paid by the employee to or are remitted by the employer to a charitable organization mutually agreed upon by the employee and the trade union, but if the employee and the trade union fail to so agree then to a charitable organization registered as a charitable organization in Canada under Part I of the Income Tax Act (Canada) that may be designated by the Board. R.S.O. 1990, c. L.2, s. 48 (1).

Application of subs. (1)

(2) Subsection (1) applies to employees in the employ of an employer at the time a collective agreement containing a provision of the kind mentioned in subsection (1) is first entered into with that employer and only during the life of such collective agreement, and does not apply to employees whose employment commences after the entering into of the collective agreement. R.S.O. 1990, c. L.2, s. 48 (2); 1993, c. 27, Sched.

Operation of Collective Agreements

Certain agreements not to be treated as collective agreements

53. An agreement between an employer or an employers' organization and a trade union shall be deemed not to be a collective agreement for the purposes of this Act,

(a) if an employer or employers' organization participated in the formation or administration of the trade union or if an employer or an employers' organization contributed financial or other support to the trade union; or

(b) if it discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code, or the Canadian Charter of Rights and Freedoms. R.S.O. 1990, c. L.2, s. 49, revised.

More than one collective agreement prohibited

54. There shall be only one collective agreement at a time between a trade union or council of trade unions and an employer or employers' organization with respect to the employees in the bargaining unit defined in the collective agreement. R.S.O. 1990, c. L.2, s. 50.

Binding effect of collective agreements on employers, trade unions and employees

55. A collective agreement is, subject to and for the purposes of this Act, binding upon the employer and upon the trade union that is a party to the agreement whether or not the trade union is certified and upon the employees in the bargaining unit defined in the agreement. R.S.O. 1990, c. L.2, s. 51.

Binding effect of collective agreements on members of employers' organizations

56. (1) A collective agreement between an employers' organization and a trade union or council of trade unions is, subject to and for the purposes of this Act, binding upon the employers' organization and each person who was a member of the employers' organization at the time the agreement was entered into and on whose behalf the employers' organization bargainedwith the trade union or council of trade unions as if it was made between each of such persons and the trade union or council of trade unions and upon the employees in the bargaining unit defined in the agreement, and, if any such person ceases to be a member of the employers' organization during the term of operation of the agreement, the person shall, for the remainder of the term of operation of the agreement, be deemed to be a party to a like agreement with the trade union or council of trade unions.

Duty to disclose

(2) When an employers' organization commences to bargain with a trade union or council of trade unions, it shall deliver to the trade union, or council of trade unions a list of the names of the employers on whose behalf it is bargaining and, in default of so doing, it shall be deemed to bargain for all members of the employers' organization for whose employees the trade union or council of trade unions is entitled to bargain and to make a collective agreement at that time, except an employer who, either alone or through the employers' organization, has notified the trade union or council of trade unions in writing before the agreement was entered into that the employer will not be bound by a collective agreement between the employers' organization and the trade union or council of trade unions.

Binding effect of collective agreements on members of certified councils

(3) A collective agreement between a certified council of trade unions and an employer is, subject to and for the purposes of this Act, binding upon each trade union that is a constituent union of such a council as if it had been made between each of such trade unions and the employer.

Binding effect of collective agreements on members or affiliates of councils of trade unions

(4) A collective agreement between a council of trade unions, other than a certified council of trade unions, and an employer or an employers' organization is, subject to and for the purposes of this Act, binding upon the council of trade unions and each trade union that was a member of or affiliated with the council of trade unions at the time the agreement was entered into and on whose behalf the council of trade unions bargained with the employer or employers' organization as if it was made between each of such trade unions and the employer or employers' organization, and upon the employees in the bargaining unit defined in the agreement and, if any such trade union ceases to be a member of or affiliated with the council of trade unions during the term of operation of the agreement, it shall, for the remainder of the term of operation of the agreement, be deemed to be a party to a like agreement with the employer or employers' organization, as the case may be.

Duty to disclose

(5) Where a council of trade unions, other than a certified council of trade unions, commences to bargain with an employer or an employers' organization, it shall deliver to the employer or employers' organization a list of the names of the trade unions on whose behalf it is bargaining and, in default of so doing, it shall be deemed to bargain for all members or affiliates of the council of trade unions for whose employees the respective trade unions are entitled to bargain and to make a collective agreement at that time with the employer or the employers' organization, except a trade union that, either by itself or through the council of trade unions, has notified the employer or employer's organization in writing before the agreement is entered into that it will not be bound by a collective agreement between the council of trade unions and the employer or employers' organization. R.S.O. 1990, c. L.2, s. 52.

Minimum term of collective agreements

57. (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate.

Extension of term of collective agreement

(2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit and the continuation of the collective agreement may be terminated by either party upon 30 days notice to the other party.

Early termination of collective agreements

(3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Board on the joint application of the parties.

Same

(4) Despite anything in this section, where an employer joins an employers' organization that is a party to a collective agreement with a trade union or council of trade unions and the employer agrees with the trade union or council of trade unions to be bound by the collective agreement between the trade union or council of trade unions and the employers' organization, the agreement ceases to be binding upon the employer and the trade union or council of trade unions at the same time as theagreement between the employers' organization and the trade union or council of trade unions ceases to be binding.

Revision by mutual consent

(5) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation. R.S.O. 1990, c. L.2, s. 53.

Notice of desire to bargain for new collective agreement

58. (1) Either party to a collective agreement may, within the period of 90 days before the agreement ceases to operate, give notice in writing to the other party of its desire to bargain with a view to the renewal, with or without modifications, of the agreement then in operation or to the making of a new agreement.

Same

(2) A notice given by a party to a collective agreement in accordance with provisions in the agreement relating to its termination or renewal shall be deemed to comply with subsection (1).

Notice of desire for new collective agreement for employers' organization

(3) Where notice is given by or to an employers' organization that has a collective agreement with a trade union or council of trade unions, it shall be deemed to be a notice given by or to each member of the employers' organization who is bound by the agreement or who has ceased to be a member of the employers' organization but has not notified the trade union or council of trade unions in writing that he, she or it has ceased to be a member.

Same

(4) Where notice is given by or to a council of trade unions, other than a certified council of trade unions, that has a collective agreement with an employer or employers' organization, it shall be deemed to be a notice given by or to each member or affiliate of the council of trade unions that is bound by the agreement or that has ceased to be a member or affiliate of the council of trade unions but has not notified the employer or employers' organization in writing that it has ceased to be a member or affiliate. R.S.O. 1990, c. L.2, s. 54.

Application of ss. 17 to 36

59. Sections 17 to 36 apply to the bargaining that follows the giving of a notice under section 58. R.S.O. 1990, c. L.2, s. 55.

Dissolution of councils of certified trade unions

60. (1) Where a certified council of trade unions is a partyto or is bound by a collective agreement, no resolution, by-law or other action by the constituent unions of a certified council of trade unions to dissolve the council or by a constituent union of such a council to withdraw from the council, as the case may be, has effect,

(a) unless a copy of the resolution, by-law or other action is delivered to the employer or the employers' organization and, in the case of a withdrawal, to the other constituent members and to the council at least 90 days before the collective agreement ceases to operate; and

(b) until the collective agreement ceases to operate.

Same

(2) Where a certified council of trade unions is not a party to or is not bound by a collective agreement, no resolution, by-law or other action by the constituent unions of a certified council of trade unions to dissolve the council or by a constituent union of such a council to withdraw from the council, as the case may be, has effect until the 90th day after the day on which a copy of such resolution, by-law or other action is delivered to the employer or the employers' organization and, in the case of a withdrawal, to the other constituent members and to the council. R.S.O. 1990, c. L.2, s. 56.

Termination of Bargaining Rights

Effect of certification

61. (1) If the trade union that applies for certification under subsection 7 (4), (5) or (6) is certified as bargaining agent for any of the employees in the bargaining unit defined in the collective agreement, the trade union that was or is a party to the agreement, as the case may be, forthwith ceases to represent the employees in the bargaining unit determined in the certificate and the agreement ceases to operate in so far as it affects such employees.

Same

(2) If the trade union that applies for certification under subsection 7 (2) is certified as bargaining agent for any of the employees in the bargaining unit defined in the certificate issued to the trade union that was previously certified, the latter trade union forthwith ceases to represent the employees in the bargaining unit defined in the certificate issued to the former trade union. R.S.O. 1990, c. L.2, s. 57.

Application for termination, no agreement

62. (1) If a trade union does not make a collective agreement with the employer within one year after its certification, any of the employees in the bargaining unit determined in thecertificate may, subject to section 66, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit. R.S.O. 1990, c. L.2, s. 58 (1).

Same, agreement

(2) Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 66, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit,

(a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last two months of its operation;

(b) in the case of a collective agreement for a term of more than three years, only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be;

(c) in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last two months of each year that it so continues to operate or after the commencement of the last two months of its operation, as the case may be. R.S.O. 1990, c. L.2, s. 58 (2), revised.

Notice to employer, trade union

(3) The applicant shall deliver a copy of the application to the employer and the trade union not later than the day on which the application is filed with the Board.

Evidence

(4) The application shall include an estimate of the number of employees in the bargaining unit.

Same

(5) The application filed with the Board shall be accompanied by a list of the names of the employees in the bargaining unit who have expressed a wish not to be represented by the trade union and evidence of the wishes of those employees, but the applicant shall not give this information to the employer or trade union.

Direction re representation vote

(6) If the Board determines that 40 per cent or more of the employees in the bargaining unit appear to have expressed a wish not to be represented by the trade union at the time the application was filed, the Board shall direct that a representation vote be taken among the employees in the bargaining unit.

Same

(7) The number of employees in the bargaining unit who appear to have expressed a wish not to be represented by the trade union shall be determined with reference only to the information provided in the application and the accompanying information provided under subsection (5).

No hearing

(8) The Board shall not hold a hearing when making a decision under subsection (6).

Timing of vote

(9) Unless the Board directs otherwise, the representation vote shall be held within five days after the day on which the application is filed with the Board.

Conduct of vote

(10) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made.

Subsequent hearing

(11) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application.

Exception

(12) When disposing of an application, the Board shall not consider any challenge to the information provided under subsection (5). New.

Declaration of termination following vote

(13) If on the taking of the representation vote more than 50 per cent of the ballots cast are cast in opposition to the trade union, the Board shall declare that the trade union that was certified or that was or is a party to the collective agreement, as the case may be, no longer represents the employees in the bargaining unit. R.S.O. 1990, c. L.2, s. 58 (4).

Dismissal of application

(14) The Board shall dismiss the application unless more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in opposition to the trade union. New.

Declaration of termination of abandonment

(15) Upon an application under subsection (1) or (2), where the trade union concerned informs the Board that it does not desire to continue to represent the employees in the bargaining unit, the Board may declare that the trade union no longer represents the employees in the bargaining unit.

Declaration to terminate agreement

(16) Upon the Board making a declaration under subsection (13) or (15), any collective agreement in operation between the trade union and the employer that is binding upon the employees in the bargaining unit ceases to operate forthwith. R.S.O. 1990, c. L.2, s. 58 (5-6).

Where certificate obtained by fraud

63. (1) If a trade union has obtained a certificate by fraud, the Board may at any time declare that the trade union no longer represents the employees in the bargaining unit and, upon the making of such a declaration, the trade union is not entitled to claim any rights or privileges flowing from certification and, if it has made a collective agreement binding upon the employees in the bargaining unit, the collective agreement is void. R.S.O. 1990, c. L.2, s. 59.

Non-application

(2) Subsection 8 (9) does not apply with respect to an application for a declaration under subsection (1).

Decertification obtained by fraud

(3) If an applicant has obtained a declaration under section 62 by fraud, the Board may at any time rescind the declaration. If the declaration is rescinded, the trade union is restored as the bargaining agent for the employees in the bargaining unit and any collective agreement that, but for the declaration, would have applied with respect to the employees becomes binding as if the declaration had not been made.

Non-application

(4) Subsection 62 (12) does not apply with respect to an application for the recission under subsection (3) of a declaration. New.

Termination for failure to give notice

64. (1) If a trade union fails to give the employer notice under section 16 within 60 days following certification or if it fails to give notice under section 58 and no such notice is given by the employer, the Board may, upon the application of the employer or of any of the employees in the bargaining unit, and with or without a representation vote, declare that the trade union no longer represents the employees in the bargaining unit. R.S.O. 1990, c. L.2, s. 60 (1); 1993, c. 27, Sched.

Same, for failure to bargain

(2) Where a trade union that has given notice under section 16 or section 58 or that has received notice under section 58 fails to commence to bargain within 60 days from the giving of the notice or, after having commenced to bargain but before the Minister has appointed a conciliation officer or mediator, allows a period of 60 days to elapse during which it has not sought to bargain, the Board may, upon the application of the employer or of any of the employees in the bargaining unit and with or without a representation vote, declare that the trade union no longer represents the employees in the bargaining unit. R.S.O. 1990, c. L.2, s. 60 (2); 1993, c. 27, Sched.

Termination of bargaining rights after voluntary recognition

65. (1) Where an employer and a trade union that has not been certified as the bargaining agent for a bargaining unit of employees of the employer enter into a collective agreement, or a recognition agreement as provided for in subsection 18 (3), the Board may, upon the application of any employee in the bargaining unit or of a trade union representing any employee in the bargaining unit, during the first year of the period of time that the first collective agreement between them is in operation or, if no collective agreement has been entered into, within one year from the signing of such recognition agreement, declare that the trade union was not, at the time the agreement was entered into, entitled to represent the employees in the bargaining unit. R.S.O. 1990, c. L.2, s. 61 (1).

Powers of Board before disposing of application

(2) Before disposing of an application under subsection (1), the Board may make such inquiry, require the production of such evidence and the doing of such things, or hold such representation votes, as it considers appropriate. R.S.O. 1990, c. L.2, s. 61 (2); 1993, c. 27, Sched.

Onus

(3) On an application under subsection (1), the onus of establishing that the trade union was entitled to represent the employees in the bargaining unit at the time the agreement was entered into rests on the parties to the agreement.

Declaration to terminate agreement

(4) Upon the Board making a declaration under subsection (1), the trade union forthwith ceases to represent the employees in the defined bargaining unit in the recognition agreement or collective agreement and any collective agreement in operation between the trade union and the employer ceases to operate forthwith in respect of the employees affected by the application. R.S.O. 1990, c. L.2, s. 61 (3, 4).

Timeliness of Representation Applications

Application for certification or termination after conciliation

66. (1) Subject to subsection (3), where a trade union has not made a collective agreement within one year after its certification and the Minister has appointed a conciliation officer or a mediator under this Act, no application for certification of a bargaining agent of, or for a declaration that a trade union no longer represents, the employees in the bargaining unit determined in the certificate shall be made until,

(a) 30 days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator;

(b) 30 days have elapsed after the Minister has released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board; or

(c) six months have elapsed after the Minister has released to the parties a notice of a report of the conciliation officer that the differences between the parties concerning the terms of a collective agreement have been settled,

as the case may be.

Same

(2) Where notice has been given under section 58 and the Minister has appointed a conciliation officer or a mediator, no application for certification of a bargaining agent of any of the employees in the bargaining units as defined in the collective agreement and no application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees in the bargaining unit as defined in the agreement shall be made after the date when the agreement ceased to operated or the date when the Minister appointed a conciliation officer or a mediator, whichever is later, unless following the appointment of a conciliation officer or a mediator, if no collective agreement has been made,

(a) at least 12 months have elapsed from the date of the appointment of the conciliation officer or a mediator;

(b) a conciliation board or a mediator has been appointed and 30 days have elapsed after the report of the conciliation board or the mediator has been released by the Minister to the parties; or

(c) 30 days have elapsed after the Minister has informed the parties that he or she does not consider itdesirable to appoint a conciliation board,

whichever is later.

Application for certification or termination during lawful strike

(3) Where a trade union has given notice under section 16 and the employees in the bargaining unit on whose behalf the trade union was certified as bargaining agent thereafter engage in a lawful strike or the employer lawfully locks out the employees, no application for certification of a bargaining agent of, or for a declaration that the trade union no longer represents, the employees in the bargaining unit determined in the certificate shall be made,

(a) until six months have elapsed after the strike or lock-out commenced; or

(b) until seven months have elapsed after the Minister has released to the parties the report of the conciliation board or mediator or a notice that the Minister does not consider it advisable to appoint a conciliation board,

whichever occurs first.

Application of subss. (1,3)

(4) Subsections (1) and (3) apply with necessary modifications to an application made under subsection 7 (3). R.S.O. 1990, c. L.2, s. 62.

Successor Rights

Declaration of successor union

67. (1) Where a trade union claims that by reason of a merger or amalgamation or a transfer of jurisdiction it is the successor of a trade union that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent of a unit of employees of an employer and any question arises in respect of its rights to act as the successor, the Board, in any proceeding before it or on the application of any person or trade union concerned, may declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under this Act of its predecessor, or the Board may dismiss the application. R.S.O. 1990, c. L.2, s. 63 (1).

Same

(2) Before issuing a declaration under subsection (1), the Board may make such inquiry, require the production of such evidence or hold such representation votes as it considers appropriate. R.S.O. 1990, c. L.2, s. 63 (2); 1993, c. 27, Sched.

Same

(3) Where the Board makes an affirmative declaration under subsection (1), the successor shall for the purposes of this Act be conclusively presumed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise, and the employer, the successor and the employees concerned shall recognize such status in all respects. R.S.O. 1990, c. L.2, s. 63 (3).

Definitions

68. (1) In this section,

"business" includes a part or parts thereof; ("entreprise")

"sells" includes leases, transfers and any other manner of disposition, and "sold" and "sale" have corresponding meanings. ("vend", "vendu", "vente")

Successor employer

(2) Where an employer who is bound by or is a party to a collective agreement with a trade union or council of trade unions sells his, her or its business, the person to whom the business has been sold is, until the Board otherwise declares, bound by the collective agreement as if the person had been a party thereto and, where an employer sells his, her or its business while an application for certification or termination of bargaining rights to which the employer is a party is before the Board, the person to whom the business has been sold is, until the Board otherwise declares, the employer for the purposes of the application as if the person were named as the employer in the application.

Same

(3) Where an employer on behalf of whose employees a trade union or council of trade unions, as the case may be, has been certified as bargaining agent or has given or is entitled to give notice under section 16 or 58, sells his, her or its business, the trade union, or council of trade unions continues, until the Board otherwise declares, to be the bargaining agent for the employees of the person to whom the business was sold in the like bargaining unit in that business, and the trade union or council of trade unions is entitled to give to the person to whom the business was sold a written notice of its desire to bargain with a view to making a collective agreement or the renewal, with or without modifications, of the agreement then in operation and such notice has the same effect as a notice under section 16 or 58, as the case requires.

Powers of Board

(4) Where a business was sold to a person and a trade union or council of trade unions was the bargaining agent of any of the employees in such business or a trade union or council of tradeunions is the bargaining agent of the employees in any business carried on by the person to whom the business was sold, and,

(a) any question arises as to what constitutes the like bargaining unit referred to in subsection (3); or

(b) any person, trade union or council of trade unions claims that, by virtue of the operation of subsection (2) or (3), a conflict exists between the bargaining rights of the trade union or council of trade unions that represented the employees of the predecessor employer and the trade union or council on the trade unions that represents the employees of the person to whom the business was sold,

the Board may, upon the application of any person, trade union or council of trade unions concerned,

(c) define the composition of the like bargaining unit referred to in subsection (3) with such modification, if any, as the Board considers necessary; and

(d) amend, to such extent as the Board considers necessary, any bargaining unit in any certificate issued to any trade union or any bargaining unit defined in any collective agreement.

Same

(5) The Board may, upon the application of any person, trade union or council of trade unions concerned, made within 60 days after the successor employer referred to in subsection (2) becomes bound by the collective agreement, or within 60 days after the trade union or council of trade unions has given a notice under subsection (3), terminate the bargaining rights of the trade union or council of trade unions bound by the collective agreement or that has given notice, as the case may be, if, in the opinion of the Board, the person to whom the business was sold has changed its character so that it is substantially different from the business of the predecessor employer.

Same

(6) Despite subsections (2) and (3), where a business was sold to person who carries on one or more other businesses and a trade union or council of trade unions is the bargaining agent of the employees in any of the businesses and the person intermingles the employees of one of the businesses with those of another of the businesses, the Board may, upon the application of any person, trade union or council of trade unions concerned,

(a) declare that the person to whom the business was sold is no longer bound by the collective agreement referredto in subsection (2);

(b) determine whether the employees concerned constitute one or more appropriate bargaining units;

(c) declare which trade union, trade unions or council of trade unions, if any, shall be the bargaining agent or agents for the employees in the unit or units; and

(d) amend, to such extent as the Board considers necessary, any certificate issued to any trade union or council of trade unions or any bargaining unit defined in any collective agreement.

Notice to bargain

(7) Where a trade union or council of trade unions is declared to be the bargaining agent under subsection (6) and it is not already bound by a collective agreement with the successor employer with respect to the employees for whom it is declared to be the bargaining agent, it is entitled to give to the employer a written notice of its desire to bargain with a view to making a collective agreement, and the notice has the same effect as a notice under section 14. R.S.O. 1990, c. L.2, s. 64 (1-7).

Powers of Board before disposing of application

(8) Before disposing of any application under this section, the Board may make such inquiry, may require the production of such evidence and the doing of such things, or may hold such representation votes, as it considers appropriate. R.S.O. 1990, c. L.2, s. 64 (8); 1993, c. 27, Sched.

Where employer not required to bargain

(9) Where an application is made under this section, an employer is not required, despite the fact that a notice has been given by a trade union or council of trade unions, to bargain with that trade union or council of trade unions concerning the employees to whom the application relates until the Board has disposed of the application and has declared which trade union or council of trade unions, if any, has the right to bargain with the employer on behalf of the employees concerned in the application.

Effect of notice of declaration

(10) For the purposes of sections 7, 62, 64, 66 and 132, a notice given by a trade union or council of trade unions under subsection (3) or a declaration made by the Board under subsection (6) has the same effect as a certification under section 10.

Successor municipalities

(11) Where one or more municipalities as defined in the Municipal Affairs Act are erected into another municipality, ortwo or more such municipalities are amalgamated, united or otherwise joined together, or all or part of one such municipality is annexed, attached or added to another such municipality, the employees of the municipalities concerned shall be deemed to have been intermingled, and,

(a) the Board may exercise the like powers as it may exercise under subsections (6) and (8) with respect to the sale of a business under this section;

(b) the new or enlarged municipality has the like rights and obligations as a person to whom a business is sold under this section and who intermingles the employees of two of the person's businesses; and

(c) any trade union or council of trade unions concerned has the like rights and obligations as it would have in the case of the intermingling of employees in two or more businesses under this section.

Power of Board to determine whether sale

(12) Where, on any application under this section or in any other proceeding before the Board, a question arises as to whether a business has been sold by one employer to another, the Board shall determine the question and its decision is final and conclusive for the purposes of this Act.

Duty of respondents

(13) Where, on an application under this section, a trade union alleges that the sale of a business has occurred, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation. R.S.O. 1990, c. L.2, s.64 (9-13).

Unfair Practices

Employers, etc., not to interfere with unions

69. No employer or employers' organization and no person acting on behalf of an employer or an employers' organization shall participate in or interfere with the formation, selection or administration of a trade union or the representation of employees by a trade union or contribute financial or other support to a trade union, but nothing in this section shall be deemed to deprive an employer of the employer's freedom to express views so long as the employer does not use coercion, intimidation, threats, promises or undue influence. R.S.O. 1990, c. L.2, s.65.

Unions not to interfere with employers' organizations

70. No trade union and no person acting on behalf of a trade union shall participate in or interfere with the formation or administration of an employers' organization or contributefinancial or other support to an employers' organization. R.S.O. 1990, c. L.2, s. 66.

Employers not to interfere with employees' rights

71. No employer, employers' organization or person acting on behalf of an employer or an employers' organization,

(a) shall refuse to employ or to continue to employ a person, or discriminate against a person in regard to employment or any term or condition of employment because the person was or is a member of a trade union or was or is exercising any other rights under this Act;

(b) shall impose any condition in a contract of employment or propose the imposition of any condition in a contract of employment that seeks to restrain an employee or a person seeking employment from becoming a member of a trade union or exercising any other rights under this Act; or

(c) shall seek by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by any other means to compel an employee to become or refrain from becoming or to continue to be or to cease to be a member or officer or representative of a trade union or to cease to exercise any other rights under this Act. R.S.O. 1990, c. L.2, s. 67, revised.

Employers not to interfere with bargaining rights

72. (1) No employer, employers' organization or person acting on behalf of an employer or an employers' organization shall, so long as a trade union continues to be entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with any person or another trade union or a council of trade unions on behalf of or purporting, designed or intended to be binding upon the employees in the bargaining unit or any of them.

Trade unions not to interfere with bargaining rights

(2) No trade union council of trade unions or person acting on behalf of a trade union or council of trade unions shall, so long as another trade union continues to be entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with an employer or an employers' organization on behalf of or purporting, designed or intended to be binding upon the employees in the bargaining unit or any of them. R.S.O. 1990, c. L.2, s. 68.

Duty of fair representation by trade union, etc.

73. A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargainingunit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be. R.S.O. 1990, c. L.2, s. 69.

Duty of fair referral, etc., by trade unions

74. Where, pursuant to a collective agreement, a trade union is engaged in the selection, referral, assignment, designation or scheduling of persons to employment, it shall not act in a manner that is arbitrary, discriminatory or in bad faith. R.S.O. 1990, c. L.2, s. 70; 1993, c. 27, Sched.

Intimidation and coercion

75. No person, trade union or employers' organization shall seek by intimidation or coercion to compel any person to become or refrain from becoming or to continue to be or to cease to be a member of a trade union or of an employers' organization or to refrain from exercising any other rights under this Act or from performing any obligations under this Act. R.S.O. 1990, c. L.2, s. 71.

Persuasion during working hours

76. Nothing in this Act authorizes any person to attempt at the place at which an employee works to persuade the employee during the employee's working hours to become or refrain from becoming or continuing to be a member of a trade union. R.S.O. 1990, c. L.2, s. 72.

Strike-breaking misconduct, etc., prohibited

77. (1) No person, employer, employers' organization or person acting on behalf of an employer or employers' organization shall engage in strike-related misconduct or retain the services of a professional strike breaker and no person shall act as a professional strike breaker.

Definitions

(2) For the purposes of subsection (1),

"professional strike breaker" means a person who is not involved in a dispute whose primary object, in the Board's opinion, is to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lawful strike or lock-out; ("briseur de grève professionnel")

"strike-related misconduct" means a course of conduct of incitement, intimidation, coercion, undue influence, provocation, infiltration, surveillance or any other like course of conduct intended to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, of during, a lawful strike orlock-out. ("inconduite liée à une grève)

Other rights not affected

(3) Nothing in this section shall be deemed to restrict or limit any right or prohibition contained in any other provision of this Act. R.S.O. 1990, c. L.2, s. 73.

Strike or lock-out, agreement

78. (1) Where a collective agreement is in operation, no employee bound by the agreement shall strike and no employer bound by the agreement shall lock out such an employee.

No agreement

(2) Where no collective agreement is in operation, no employee shall strike and no employer shall lock out an employee until the Minister has appointed a conciliation officer or a mediator under this Act and,

(a) seven days have elapsed after the day the Minister has released or is deemed pursuant to subsection 121 (2) to have released to the parties the report of a conciliation board or mediator; or

(b) 14 days have elapsed after the day the Minister has released or is deemed pursuant to subsection 121 (2) to have released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board. R.S.O. 1990, c. L.2, s. 74 (1, 2).

Mandatory strike vote

(3) No employee shall strike unless a strike vote is taken within 30 days before the strike begins and more than 50 per cent of those voting vote in favour of a strike. New.

Threatening strike or lock-out

(4) No employee shall threaten an unlawful strike and no employer shall threaten an unlawful lock-out of an employee.

Strike or ratification vote to be secret

(5) A strike vote or a vote to ratify a proposed collective agreement taken by a trade union shall be by ballots cast in such a manner that persons expressing their choice cannot be identified with the choice expressed.

Right to vote

(6) All employees in a bargaining unit, whether or not the employees are members of the trade union or of any constituent union of a council of trade unions, shall be entitled to participate in a strike vote or a vote to ratify a proposed collective agreement. R.S.O. 1990, c. L.2, s. 74 (3-5).

Opportunity to vote

(7) Any vote mentioned in subsection (5) shall be conducted in such a manner that those entitled to vote have ample opportunity to cast their ballots. If the vote taken is otherwise than by mail, the time and place for voting must be reasonably convenient. R.S.O. 1990, c. L.2, s. 74 (6), amended.

Reinstatement of employee

79. (1) Where an employee engaging in a lawful strike makes an unconditional application in writing to the employee's employer within six months from the commencement of the lawful strike to return to work, the employer shall, subject to subsection (2), reinstate the employee in the employee's former employment, on such terms as the employer and employee may agree upon, and the employer in offering terms of employment shall not discriminate against the employee for exercising or have exercised any rights under this Act.

Exceptions

(2) An employer is not required to reinstate an employee who has made an application to return to work in accordance with subsection (1),

(a) where the employer no longer has persons engaged in performing work of the same or similar nature to work which the employee performed prior to the employee's cessation of work; or

(b) where there has been a suspension or discontinuance for cause of an employer's operations, or any part thereof, but, if the employer resumes such operations, the employer shall first reinstate those employees who have made an application under subsection (1). R.S.O. 1990, c. L.2, s. 75.

Unlawful strike

80. No trade union or council of trade unions shall call or authorize or threaten to call or authorize an unlawful strike and no officer, official or agent of a trade union or council of trade unions shall counsel, procure, support or encourage an unlawful strike or threaten an unlawful strike. R.S.O. 1990, c. L.2, s. 76.

Unlawful lock-out

81. No employer or employers' organization shall call or authorize or threaten to call or authorize an unlawful lock-out and no officer, official or agent of an employer or employers' organization shall counsel, procure, support or encourage an unlawful lock-out or threaten an unlawful lock-out. R.S.O. 1990, c. L.2, s. 77.

Causing unlawful strikes, lock-outs

82. (1) No person shall do any act if the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike or an unlawful lock-out.

Application of subs. (1)

(2) Subsection (1) does not apply to any act done in connection with a lawful strike or lawful lock-out. R.S.O. 1990, c. L.2, s. 78.

Saving

83. Nothing in this Act prohibits any suspension or discontinuance for cause of an employer's operations or the quitting of employment for cause if the suspension, discontinuance or quitting does not constitute a lock-out or strike. R.S.O. 1990, c. L.2, s. 79.

Refusal to engage in unlawful strike

84. No trade union shall suspend, expel or penalize in any way a member because the member has refused to engage in or to continue to engage in a strike that is unlawful under this Act. R.S.O. 1990, c. L.2, s. 80.

Working conditions may not be altered

85. (1) Where notice has been given under section 16 or section 58 and no collective agreement is in operation, no employer shall, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty, of the employer, the trade union or the employees, and no trade union shall, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees,

(a) until the Minister has appointed a conciliation officer or a mediator under this Act, and,

(i) seven days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator, or

(ii) 14 days have elapsed after the Minister has released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board,

as the case may be; or

(b) until the right of the trade union to represent the employees has been terminated,

whichever occurs first.

Same

(2) Where a trade union has applied for certification and notice thereof from the Board has been received by the employer, the employer shall not, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer or the employees until,

(a) the trade union has given notice under section 16, in which case subsection (1) applies; or

(b) the application for certification by the trade union is dismissed or terminated by the Board or withdrawn by the trade union.

Differences may be arbitrated

(3) Where notice has been given under section 58 and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) of this section was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation and section 48 applies with necessary modifications thereto. R.S.O. 1990, c. L.2, s. 81.

Protection of witnesses rights

86. (1) No employer, employers' organization or person acting on behalf of an employer or employers' organization shall,

(a) refuse to employ or continue to employ a person;

(b) threaten dismissal or otherwise threaten a person;

(d) intimidate or coerce or impose a pecuniary or other penalty on a person,

because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act.

Same

(2) No trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions shall,

(a) discriminate against a person in regard to employmentor a term or condition of employment; or

(b) intimidate or coerce or impose a pecuniary or other penalty on a person,

Removal, etc., of posted notices

87. No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Board has required to be posted during the period that the notice is required to be posted. R.S.O. 1990, c. L.2, s. 83.

Locals Under Trusteeship

Trusteeship over local unions

88. (1) A provincial, national or international trade union that assumes supervision or control over a subordinate trade union, whereby the autonomy of such subordinate trade union, under the constitution or by-laws of the provincial, national or international trade union is suspended, shall, within 60 days after it has assumed supervision or control over the subordinate trade union, file with the Board a statement in the prescribed form, verified by the affidavit of its principal officers, setting out the terms under which supervision or control is to be exercised and it shall, upon the direction of the Board, file such additional information concerning such supervision and control as the Minister may from time to time require.

Duration of trusteeship

(2) Where a provincial, national or international trade union has assumed supervision or control over a subordinate trade union, such supervision or control shall not continue for more than 12 months from the date of such assumption, but such supervision or control may be continued for a further period of 12 months with the consent of the Board. R.S.O. 1990, c. L.2, s. 84.

Information

Collective agreements to be filed

89. Each party to a collective agreement shall, forthwith after it is made, file one copy with the Minister. R.S.O. 1990, c. L.2, s. 85.

Officers, constitution, etc.

90. The Board may direct a trade union, council of trade unions or employers' organization to file with the Board within the time prescribed in the direction a copy of its constitution and by-laws and a statutory declaration of its president or secretary setting forth the names and addresses of its officers. R.S.O. 1990, c. L.2, s. 86.

Duty of union to furnish financial statement to members

91. (1) Every trade union shall upon the request of any member furnish the member, without charge, with a copy of the audited financial statement of its affairs to the end of its last fiscal year certified by its treasurer or other officer responsible for the handling and administration of its funds to be a true copy, and, upon the complaint of any member that the trade union has failed to furnish such a statement, the Board may direct the trade union to file with the Registrar of the Board, within such time as the Board may determine, a copy of the audited financial statement of its affairs to the end of its last fiscal year verified by the affidavit of its treasurer or other officer responsible for the handling and administration of its funds and to furnish a copy of the statement to the members of the trade union that the Board in its discretion may direct, and the trade union shall comply with the direction according to its terms.

Complaint that financial statement inadequate

(2) Where a member of a trade union complains that an audited financial statement is inadequate, the Board may inquire into the complaint and the Board may order the trade union to prepare another audited financial statement in a form and containing the particulars that the Board considers appropriate and the Board may further order that the audited financial statement, as rectified, be certified by a person licensed under the Public Accountancy Act or a firm whose partners are licensed under that Act. R.S.O. 1990, c. L.2, s. 87.

Definition

92. (1) In this section,

"administrator" means any trade union, trustee or person responsible for the control, management or disposition of money received or contributed to a vacation pay fund or a welfare benefit or pension plan or fund for the members of a trade union or their survivors or beneficiaries.

Annual filing of statement

(2) Every administrator shall file annually with the Minister not later than June 1 in each year or at such other time or times as the Minister may direct, a copy of the audited financial statement certified by a person licensed under the Public Accountancy Act or a firm whose partners are licensed under thatAct of a vacation pay fund, or a welfare benefit or pension plan or fund setting out its financial condition for the preceding fiscal year and disclosing,

(a) a description of the coverage provided by the fund or plan;

(b) the amount contributed by each employer;

(d) a statement of the assets, specifying the total amount of each type of asset;

(e) a statement of liabilities, receipts and disbursements;

(f) a statement of salaries, fees and commissions charged to the fund or plan, to whom paid, in what amount and for what purposes; and

(g) such further information as the Minister may require.

Furnishing of copy to member of trade union

(3) The administrator, upon the request in writing of any member of the trade union whose employer has made payments or contributions into the fund or plan, shall furnish to the member without charge a copy of the audited financial statement required to be filed by subsection (2).

Where Board may direct compliance

(4) Where an administrator has failed to comply with subsection (2) or (3), upon a certificate of failure so to comply signed by the Minister or upon complaint by the member, the Board may direct the administrator to comply within the time that the Board may determine. R.S.O. 1990, c. L.2, s. 88.

Representative for service of process

93. (1) Every trade union and unincorporated employers' organization in Ontario that has members in Ontario shall, within 15 days after it has enrolled its first member, file with the Board a notice in the prescribed form giving the name and address of a person resident in Ontario who is authorized by the trade union or unincorporated employers' organization to accept on its behalf service of process and notices under this Act.

Change in representative

(2) Whenever a trade union or unincorporated employers' organization changes the authorization referred to in subsection (1), it shall file with the Board notice thereof in the prescribed form within 15 days after making such change.

Service of notice

(3) Service on the person named in a notice or the latest notice, as the case may be, filed under subsection (1) is good and sufficient service for the purposes of this Act on the trade union or unincorporated employers' organization that filed the notice. R.S.O. 1990, c. L.2, s. 89.

Publications

94. Every publication that deals with the relations between employers or employers' organizations and trade unions or employees shall bear the names and addresses of its printer and its publisher. R.S.O. 1990, c. L.2, s. 90.

Enforcement

Inquiry by labour relations officer

95. (1) The Board may authorize a labour relations officer to inquire into any complaint alleging a contravention of this Act.

Duties

(2) The labour relations officer shall forthwith inquire into the complaint and endeavour to effect a settlement of the matter complained of.

Report

(3) The labour relations officer shall report the results of his or her inquiry and endeavours to the Board.

Remedy for discrimination

(4) Where a labour relations officer is unable to effect a settlement of the matter complained of or where the Board in its discretion considers it advisable to dispense with an inquiry by a labour relations officer, the Board may inquire into the complaint of a contravention of this Act and where the Board is satisfied that an employer, employers' organization, trade union, council of trade unions, person or employee has acted contrary to this Act it shall determine what, if anything, the employer, employers' organization, trade union, council of trade unions, person or employee shall do or refrain from doing with respect thereto and such determination, without limiting the generality of the foregoing may include, despite the provisions of any collective agreement, any one or more of,

(a) an order directing the employer, employers' organization, trade union, council of trade unions, employee or other person to cease doing the act or acts complained of;

(b) an order directing the employer, employers' organization, trade union, council of trade unions, employee or other person to rectify the act or acts complained of; or

(c) an order to reinstate in employment or hire the person or employee concerned, with or without compensation, or to compensate instead of hiring or reinstatement for loss of earnings or other employment benefits in an amount that may be assessed by the Board against the employer, employers' organization, trade union, council of trade unions, employee or other person jointly or severally. R.S.O. 1990, c. L.2, s. 91 (1-4).

Burden of proof

(5) On an inquiry by the Board into a complaint under subsection (4) that a person has been refused employment, discharged, discriminated against, threatened, coerced, intimidated or otherwise dealt with contrary to this Act as to the person's employment, opportunity for employment or conditions of employment, the burden of proof that any employer or employers' organization did not act contrary to this Act lies upon the employer or employers' organization. R.S.O. 1990, c. L.2, s. 91 (5); 1993 c. 27, Sched.

Enforcement of determination

(6) Where the trade union, council of trade unions, employer, employers' organization, person or employee, has failed to comply with any of the terms of the determination, any trade union, council of trade unions, employer, employers' organization, person or employee, affected by the determination may, after the expiration of 14 days from the date of the release of the determination or the date provided in the determination for compliance, whichever is later, notify the Board in writing of failure, and thereupon the Board shall file in the Ontario Court (General Division) a copy of the determination exclusive of the reasons therefor, if any, in the prescribed form, whereupon the determination shall be entered in the same way as an order of that court and is enforceable as such.

Effect of settlement

(7) Where the matter complained of has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers' organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers' organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1). R.S.O. 1990, c. L.2, s. 91 (6, 7).

"Person" defined for purposes of ss. 86, 95

96. For the purposes of section 86 and any complaint madeunder section 95,

"person" includes any person otherwise excluded by subsection 1 (3). R.S.O. 1990, c. L.2, s. 92.

Board power re interim orders

97. (1) On application in a pending proceeding, the Board may make interim orders concerning procedural matters.

Exception

(2) The Board shall not make an order under subsection (1) requiring an employer to reinstate an employee in employment. New.

Jurisdictional, etc., disputes

98. (1) This section applies when the Board receives a complaint,

(a) that a trade union or council of trade unions, or an agent of either was or is requiring an employer or employers' organization to assign particular work to persons in a particular trade union or in a particular trade, craft or class rather than to persons in another;

(b) that an employer was or is assigning work to persons in a particular trade union rather than to persons in another; or

(c) that a trade union has failed to comply with its duties under section 73 or 74. 1992, c. 21, s. 38 (1), part, amended.

Withdrawal of complaint

(2) A complaint described in subsection (1) may be withdrawn by the complainant upon such conditions as the Board may determine. New.

No hearing

(3) The Board is not required to hold a hearing to determine a complaint under this section.

Meeting of representatives

(4) Representatives of the trade union or council of trade unions and of the employer or employers' organization or their substitutes shall promptly meet and attempt to settle the matters raised by a complaint under clause (1) (a) or (b) and shall report the outcome to the Board.

Orders

(5) The Board may make any interim or final order it considers appropriate after consulting with the parties. New.

Cease and desist orders

(6) In an interim order or after making an interim order, the Board may order any person, employers' organization, trade union or council of trade unions to cease and desist from doing anything intended or likely to interfere with the terms of an interim order respecting the assignment of work. 1992, c. 21, s. 38 (7), part.

Alteration of bargaining unit

(7) When making an order or at any time after doing so, the Board may alter a bargaining unit determined in a certificate or defined in a collective agreement. 1992, c. 21, s. 38 (8), part.

Same

(8) If a collective agreement requires the reference of any difference between the parties arising out of work assignment to a tribunal mutually selected by them, the Board may alter the bargaining unit determined in a certificate or defined in a collective agreement as it considers proper to enable the parties to conform to the decision of the tribunal. 1992, c. 21, s. 38 (9), part.

Same, conflicting agreements

(9) Where an employer is a party to or is bound by two or more collective agreements and it appears that the description of the bargaining unit in one of the agreements conflicts with the description of the bargaining unit in the other or another of the agreements, the Board may, upon the application of the employer or any of the trade unions concerned, alter the description of the bargaining units in any such agreement as it considers proper, and the agreement or agreements shall be deemed to have been altered accordingly. R.S.O. 1990, c. L.2, s. 93 (18).

Filing in court

(10) The Board may file a copy of an order, excluding the reasons, made under this section in the Ontario Court (General Division), whereupon the order shall be entered in the same way as an order of that court and is enforceable as such. New.

Enforcement

(11) An order that has been filed with the court is enforceable by a person, employers' organization, trade union or council of trade unions affected by it and is enforceable on the day after the date fixed in the order for compliance. 1993, c. 38, s. 67 (5).

Interim orders prevail

(12) A person, employers' organization, trade union or council of trade unions affected by an interim order made by the Board under this section shall comply with it despite any provision of this Act or of any collective agreement relating to the assignment of the work to which the order relates.

Same

(13) A person, employers' organization, trade union or council of trade unions who is complying with an interim order made by the Board under this section is deemed not to have violated any provision of this Act or of any collective agreement. 1992, s. 21, s. 38 (9).

Declaration and direction by Board re unlawful strike

99. Where, on the complaint of a trade union, council of trade unions, employer or employers' organization, the Board is satisfied that a trade union or council of trade unions called or authorized or threatened to call or authorize an unlawful strike or that an officer, official or agent of a trade union or council of trade unions counselled or procured or supported or encouraged an unlawful strike or threatened an unlawful strike or that employees engaged in or threatened to engage in an unlawful strike or any person has done or is threatening to do an act that the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike, the Board may so declare and it may direct what action, if any, a person, employee, employer, employers' organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or the threat of an unlawful strike. R.S.O. 1990, c. L.2, s. 94.

Declaration and direction by Board in respect of unlawful lock-out

100. Where, on the complaint of a trade union, council of trade unions, employer or employers' organization, the Board is satisfied that an employer or employers organization called or authorized or threatened to call or authorize an unlawful lock-out or locked out or threatened to lock out employees or that an officer, official or agent of an employer or employers' organization counselled or procured or supported or encouraged an unlawful lock-out or threatened an unlawful lock-out, the Board may so declare and, in addition, in its discretion, it may direct what action if any a person, employee, employer, employers' organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful lock-out or the threat of an unlawful lock-out. R.S.O. 1990, c. L.2, s. 95.

Enforcement of direction by Ontario Court (General Division)

101. The Board shall file in the Ontario Court (General Division) a copy of a direction made under section 99 or 100, exclusive of the reasons therefor, whereupon the direction shall be entered in the same way as an order of that court and is enforceable as such. R.S.O. 1990, c. L.2, s. 96.

Notice of claim for damages after unlawful strike or lock-out where no collective agreement

102. (1) Where the Board declares that a trade union or council of trade unions has called or authorized an unlawful strike or that an employer or employers' organization has called or authorized an unlawful lock-out and no collective agreement is in operation between the trade union or council of trade unions and the employer or employers' organization, as the case may be, the trade union or council of trade unions or employer or employers' organization may, within 15 days of the release of the Board's declaration, but not thereafter, notify the employer or employers' organization or trade union or council of trade unions, as the case may be, in writing of its intention to claim damages for the unlawful strike or lock-out, and the notice shall contain the name of its appointee to an arbitration board.

Appointment of arbitration board

(2) The recipient of the notice shall within five days inform the sender of the notice of the name of its appointee to the arbitration board.

Same

(3) The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chair.

Same

(4) If the recipient of the notice fails to name an appointee, or if the two appointees fail to agree upon a chair within the time limited, the appointment shall be made by the Minister upon the request of either party.

Decision of arbitration board

(5) The arbitration board shall hear and determine the claim for damages including any question as to whether the claim is arbitrable and shall issue a decision and the decision is final and binding upon the parties to the arbitration, and,

(a) in the case of a council of trade unions, upon the members of affiliates of the council who are affected by the decision; and

(b) in the case of an employers' organization, upon the employers in the organization who are affected by the decision.

Same

(6) The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chair governs.

Remuneration of members of board

(7) The chair and members of the arbitration board under this section shall be paid remuneration and expenses at the same rate as is payable to a chair and members of a conciliation board under this Act, and the parties to the arbitration are jointly and severally liable for the payment of the fees and expenses. R.S.O. 1990, c. L.2, s. 97 (1-7).

Procedure of board

(8) In an arbitration under this section, subsections 48 (5), (7), (8), (10) to (12),(16) and (17) apply with necessary modifications. R.S.O. 1990, c. L.2, s. 97 (8), amended.

Offences

103. (1) Every person, trade union, council of trade unions or employers' organization that contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act is guilty of an offence and on conviction is liable,

(a) if an individual, to a fine of not more than $2,000; or

(b) if a corporation, trade union, council of trade unions or employers' organization, to a fine of not more than $25,000.

Continued offences

(2) Each day that a person, trade union, council of trade unions or employers' organization contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act constitutes a separate offence.

Disposition of fines

(3) Every fine recovered for an offence under this Act shall be paid to the Treasurer of Ontario and shall form part of the Consolidated Revenue Fund. R.S.O. 1990, c. L.2, s. 98.

Information may be in respect of one or more offences

104. An information in respect of a contravention of this Act may be for one or more offences and no information, warrant, conviction or other step or procedure in any such prosecution is objectionable or insufficient by reason of the fact that it relates to two or more offences. R.S.O. 1990, c. L.2, s. 99.

Parties

105. If a corporation, trade union, council of trade unions or employers' organization is guilty of an offence under this Act, every officer, official or agent thereof who assented to the commission of the offence shall be deemed to be a party to and guilty of the offence. R.S.O. 1990, c. L.2, s. 100.

Style of prosecution

106. (1) A prosecution for an offence under this Act may be instituted against a trade union or council of trade unions or employers' organization in the name of the union, council or organization.

Vicarious responsibility

(2) Any act or thing done or omitted by an officer, official or agent of a trade union or council of trade unions or employers' organization within the scope of the officer, official or agent's authority to act on behalf of the union, council or organization shall be deemed to be an act or thing done or omitted by the union, council or organization. R.S.O. 1990, c. L.2, s. 101.

Proceedings in Ontario Court (General Division)

107. Where a trade union, a council of trade unions or an unincorporated employers' organization is affected by a determination of the Board under section 95, an interim order of the Board under section 98 or a direction of the Board under section 99, 100 or 145 or a decision of an arbitrator or arbitration board including a decision under section 102, proceedings to enforce the determination, interim order, direction or decision may be instituted in the Ontario Court (General Division) by or against the union, council or organization in the name of the union, council or organization, as the case may be. R.S.O. 1990, c. L.2, s. 102, amended.

Consent

108. (1) No prosecution for an offence under this Act shall be instituted except with the consent in writing of the Board.

Information

(2) An application for consent to institute a prosecution for an offence under this Act may be made by a trade union, a council of trade unions, a corporation or an employers' organization among others, and, if the consent is given by the Board, the information may be laid by any officer, official or member of the trade union, council of trade unions, corporation or employers' organization among others. R.S.O. 1990, c. L.2, s. 103.

Administration

Board, continued

109. (1) The board known as the Ontario Labour Relations Board is continued under the name Ontario Labour Relations Board in English and Commission des relations de travail de l'Ontario in French.

Composition and appointment

(2) The Board shall be composed of a chair, one or more vice-chairs and as many members equal in number representative of employers and employees respectively as the Lieutenant Governor in Council considers proper, all of whom shall be appointed by the Lieutenant Governor in Council.

Alternate chair

(3) The Lieutenant Governor in Council shall designate one of the vice-chairs to be the alternate chair.

Divisions

(4) The chair or, in the case of his or her absence from the office of the Board or his or her inability to act, the alternate chair shall from time to time assign the members of the Board to its various divisions and may change any such assignment at any time. R.S.O. 1990, c. L.2, s. 104 (1-4).

Construction industry division

(5) One of the divisions of the Board shall be designated by the chair as the construction industry division, and it shall exercise the powers of the Board under this Act in proceedings to which sections 125 to 170 apply, but nothing in this subsection impairs the authority of any other division to exercise such powers. R.S.O. 1990, c. L.2, s. 104 (5), amended.

Vacancies

(6) Vacancies in the membership of the Board from any cause may be filled by the Lieutenant Governor in Council. R.S.O. 1990, c. L.2, s. 104 (6).

Powers following resignation, etc.

(7) If a member of the Board resigns or his or her appointment expires, the chair of the Board may authorize the member to complete the duties or responsibilities and exercise the powers of a member in connection with any matter in respect of which there was a proceeding in which he or she participated as a member. 1992, c. 21, s. 42 (2).

Oath of office

(8) Each member of the Board shall, before entering upon his or her duties, take and subscribe before the Clerk of the Executive Council and file in his or her office an oath of office in the following form in English or French:

I do solemnly swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of chair, (or vice-chair, or member) of the Ontario Labour Relations Board and I will not, except in the discharge of my duties, disclose to any person any of the evidence or any other matter brought before the Board. So help me God. (omit this phrase in an affirmation).

Quorum

(9) The chair or a vice-chair, one member representative ofemployers and one member representative of employees constitute a quorum and are sufficient for the exercise of all the jurisdiction and powers of the Board.

May sit in divisions

(10) The Board may sit in two or more divisions simultaneously so long as a quorum of the Board is present in each division.

Decisions

(11) The decision of the majority of the members of the Board present and constituting a quorum is the decision of the Board, but, if there is no majority, the decision of the chair or vice-chair governs. R.S.O. 1990, c. L.2, s. 104 (8-11).

Death or incapacity

(12) Despite subsections (9), (10) and (11), if a member representative of either employers or employees dies or is unable to continue to hear and determine an application, request, complaint, matter or thing, the chair or vice-chair, as the case may be, who was also hearing it may sit alone to hear and determine it and may exercise all of the jurisdiction and powers of the Board when doing so.

Same

(13) The chair or vice-chair shall decide whether to sit alone in the circumstances described in subsection (12). 1992, c. 21, s. 42 (3).

When chair or vice-chair may sit alone

(14) Despite subsections (9), (10) and (11), the chair may sit alone or may authorize a vice-chair to sit alone to hear and determine a matter and to exercise all the powers of the Board when doing so,

(a) if the chair considers it advisable to do so; or

(b) if the parties consent. New.

Same

(15) For the purposes of subsection (14), if the chair is absent or not able to act, the alternate chair may act in his or her stead. 1992, c. 21, s. 42 (4).

Practice and procedure

(16) The Board shall determine its own practice and procedure but shall give full opportunity to the parties to any proceedings to present their evidence and to make their submissions.

Rules of practice

(17) The Board may make rules governing its practice and procedure and the exercise of its powers and prescribing such forms as it considers advisable. 1992, c. 21, s. 42 (5), part.

Same

(18) The Board may make rules to expedite proceedings to which the following provisions apply:

1. Section 13 (right of access) or 97 (interim orders).

2. Section 98 (jurisdictional, etc., disputes).

3. Subsection 113 (2) (status as employee or guard).

4. Sections 125 to 170 (construction industry).

5. Such other provisions as the Lieutenant Governor in Council may by regulation designate. New.

Effective date of rules

(19) Rules made under subsection (18) come into force on such dates as the Lieutenant Governor in Council may by order determine.

Special provisions

(20) Rules made under subsection (18),

(a) may provide that the Board is not required to hold a hearing;

(b) may limit the extent to which the Board is required to give full opportunity to the parties to present their evidence and to make their submissions; and

(c) may authorize the Board to make or cause to be made such examination of records and such other inquiries as it considers necessary in the circumstances.

Conflict with Statutory Powers Procedure Act

(21) Rules made under subsection (18) apply despite anything in the Statutory Powers Procedure Act. 1992, c. 21, s. 42 (5), part.

Rules not regulations

(22) Rules made under subsection (17) or (18) are not regulations within the meaning of the Regulations Act. 1993, c. 38, s. 67 (6).

Board, registrar, etc.

(23) The Lieutenant Governor in Council may appoint a registrar, such other officers and such clerks and servants as are required for the purposes of the Board and they shall exercise the powers and perform the duties as are conferred or imposed upon them by the Board.

Remuneration

(24) The members, the other officers and the clerks and servants of the Board shall be paid such remuneration as the Lieutenant Governor in Council may determine.

Seal

(25) The Board shall have an official seal.

Office, sittings

(26) The office of the Board shall be in Toronto, but the Board may sit at other places that it considers expedient. R.S.O. 1990, c. L.2, s. 104 (15-18).

Powers and duties of Board, general

110. (1) The Board shall exercise the powers and perform the duties that are conferred or imposed upon it by or under this Act. R.S.O. 1990, c. L.2, s. 105 (1).

Specific

(2) Without limiting the generality of subsection (1), the Board has power,

(a) to require any party to furnish particulars before or during a hearing;

(b) to require any party to produce documents or things that may be relevant to a matter before it and to do so before or during a hearing;

(c) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce the documents and things that the Board considers requisite to the full investigation and consideration of matters within its jurisdiction in the same manner as a court of record in civil cases;

(d) to administer oaths and affirmations;

(e) to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not;

(f) to require persons or trade unions, whether or not they are parties to proceedings before the Board, to post and to keep posted upon their premises in a conspicuous place or places, where they are most likely to come to the attention of all persons concerned, any notices that the Board considers necessary to bring to the attention of such persons in connection with any proceedings before the Board;

(g) to enter any premises where work is being or has beendone by the employees or in which the employer carries on business, whether or not the premises are those of the employer, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any matter and post therein any notice referred to in clause (f);

(h) to enter upon the premises of employers and conduct representation votes, strike votes and ratification votes during working hours and give such directions in connection with the vote as it considers necessary;

(i) to authorize any person to do anything that the Board may do under clauses (a) to (h) and to report to the Board thereon;

(j) to authorize the chair, a vice-chair or a labour relations officer to inquire into any application, request, complaint, matter or thing within the jurisdiction of the Board, or any part of any of them, and to report to the Board thereon;

(k) to bar an unsuccessful applicant for any period not exceeding one year from the date of the dismissal of the unsuccessful application, or to refuse to entertain a new application by an unsuccessful applicant or by any of the employees affected by an unsuccessful application or by any person or trade union representing the employees within any period not exceeding one year from the date of the dismissal of the unsuccessful application;

(l) to determine the form in which and the time as of which evidence of membership in a trade union or of objection by employees to certification of a trade union or of signification by employees that they no longer wish to be represented by a trade union shall be presented to the Board on an application for certification or for a declaration terminating bargaining rights, and to refuse to accept any evidence of membership or objection or signification that is not presented in the form and as of the time so determined;

(m) to determine the form in which and the time as of which evidence of representation by an employers' organization or of objection by employers to accreditation of an employers' organization or of signification by employers that they no longer wish to be represented by an employers' organization shall be presented to the Board in an application for accreditation or for a declaration terminating bargaining rights of an employers' organization and torefuse to accept any evidence of representation or objection or signification that is not presented in the form and as of the time so determined;

(n) to determine the form in which and the time as of which any party to a proceeding before the Board must file or present any thing, document or information and to refuse to accept any thing, document or information that is not filed or presented in that form or by that time. R.S.O. 1990, c. L.2, s. 105 (2); 1992, c. 21, s. 43 (1), (4); 1993, c. 27, Sched; 1993, c. 38, s. 67 (7), amended.

Subsequent applications for certification, etc.

(3) Despite sections 7 and 62, where an application has been made for certification of a trade union as bargaining agent for employees in a bargaining unit or for a declaration that the trade union no longer represents the employees in a bargaining unit and a final decision of the application has not been issued by the Board at the time a subsequent application for the certification or for the declaration is made with respect to any of the employees affected by the original application, the Board may,

(a) treat the subsequent application as having been made on the date of the making of the original application;

(b) postpone consideration of the subsequent application until a final decision has been issued on the original application and thereafter consider the subsequent application but subject to any final decision issued by the Board on the original application; or

Determination of union membership

(4) Where the Board is satisfied that a trade union has an established practice of admitting persons to membership without regard to the eligibility requirements of its charter, constitution or by-laws, the Board, in determining whether a person is a member of a trade union, need not have regard for the eligibility requirements. R.S.O. 1990, c. L.2, s. 105 (3, 4).

Additional votes

(5) Where the Board determines that a representation vote is to be taken amongst the employees in a bargaining unit or voting constituency, the Board may hold the additional representation votes as it considers necessary to determine the true wishes of the employees. R.S.O. 1990, c. L.2, s. 105 (5); 1993, c. 27, Sched.

Same

(6) Where, in the taking of a representation vote, the Board determines that the employees are to be given a choice between two or more trade unions,

(a) the Board may include on a ballot a choice indicating that an employee does not wish to be represented by a trade union; and

(b) the Board, when it decides to hold the additional representation votes that may be necessary, may eliminate from the choice on the ballot the choice from the previous ballot that has obtained the lowest number of votes cast. R.S.O. 1990, c. L.2, s. 105 (6); 1993, c. 27, Sched.

Mistakes in names of parties

111. Where in any proceeding before the Board the Board is satisfied that a mistake has been made in good faith with the result that the proper person or trade union has not been named as a party or has been incorrectly named, the Board may order the proper person or trade union to be substituted or added as a party to the proceedings or to be correctly named upon such terms as appear to the Board to be just. R.S.O. 1990, c. L.2, s. 106.

Proof of status of trade union

112. Where in any proceeding under this Act the Board has found or finds that an organization of employees is a trade union within the meaning of subsection 1 (1), such finding is proof, in the absence of evidence to the contrary, in any subsequent proceeding under this Act that the organization of employees is a trade union for the purposes of this Act. R.S.O. 1990, c. L.2, s. 107.

Jurisdiction

113. (1) The Board has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it, and the action or decision of the Board thereon is final and conclusive for all purposes, but nevertheless the Board may at any time, if it considers it advisable to do so, reconsider any decision, order, direction, declaration or ruling made by it and vary or revoke any such decision, order, direction, declaration or ruling.

Same

(2) If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a person is an employee or as to whether a person is a guard, the question may be referred to the Board and the decision of the Board thereon is final and conclusive for all purposes.

Findings of hearing-officer conclusive

(3) Where the Board has authorized the chair or a vice-chair to make an inquiry under clause 110 (2) (j), his or her findings and conclusions on facts are final and conclusive for all purposes, but nevertheless he or she may, if he or she considers it advisable to do so, reconsider his or her findings and conclusions on facts and vary or revoke any such finding or conclusion. R.S.O. 1990, c. L.2, s. 108.

Reference of questions

114. (1) The Minister may refer to the Board any question which in his or her opinion relates to the exercise of his or her powers under this Act and the Board shall report its decision on the question. 1992, c. 21, s. 44 (1).

Same

(2) If the Minister refers to the Board a question involving the applicability of section 67 (declaration of successor union) or 68 (sale of a business), the Board has the powers it would have if an interested party had applied to the Board for such a determination and may give such directions as to the conduct of its proceedings as it considers advisable. 1992, c. 21, s. 44 (2), amended.

Board's orders not subject to review

115. No decision, order, direction, declaration or ruling of the Board shall be questioned or reviewed in any court, and no order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto, or otherwise, to question, review, prohibit or restrain the Board or any of its proceedings. R.S.O. 1990, c. L.2, s. 110.

Testimony in civil proceedings, etc.

116. Except with the consent of the Board, no member of the Board, nor its registrar, nor any of its other officers, nor any of its clerks or servants shall be required to give testimony in any civil proceeding or in any proceeding before the Board or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act. R.S.O. 1990, c. L.2, s. 111; 1992, c. 21, s. 45.

Documentary evidence

117. The production in a court of a document purporting to be or to contain a copy of a decision, determination, report, interim order, order, direction, declaration or ruling of the Board, a conciliation board, a mediator, an arbitrator or an arbitration board and purporting to be signed by a member of the Board or its registrar, the chair of the conciliation board, the mediator, the arbitrator or the chair of the arbitration board, as the case may be, is proof, in the absence of evidence to thecontrary, of the document without proof of the appointment, authority or signature of the person who signed the document. R.S.O. 1990, c. L.2, s. 112.

General

Secrecy as to union membership

118. (1) The records of a trade union relating to membership or any records that may disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union produced in a proceeding before the Board is for the exclusive use of the Board and its officers and shall not, except with the consent of the Board, be disclosed, and no person shall, except with the consent of the Board, be compelled to disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union.

Non-disclosure

(2) No information or material furnished to or received by a conciliation officer or a mediator,

(a) under this Act; or

(b) in the course of any endeavour that a conciliation officer may make under the direction of the Minister to effect a collective agreement after the Minister,

(i) has released the report of a conciliation board or a mediator, or

(ii) has informed the parties that he or she does not consider it advisable to appoint a conciliation board,

shall be disclosed except to the Minister, the Deputy Minister of Labour or the chief conciliation officer of the Ministry of Labour.

Same

(3) No report of a conciliation officer shall be disclosed except to the Minister, the Deputy Minister of Labour or the chief conciliation officer of the Ministry of Labour. R.S.O. 1990, c. L.2, s. 113 (1-3).

Same, labour relations officers, etc.

(4) Subject to subsection (6), no information or material furnished to or received by a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the director of the Office of Arbitration.

Same

(5) Subject to subsection (6), no report of a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the director of the Office of Arbitration.

Authorization to disclose

(6) The Board or the director of the Office of Arbitration, as the case may be, may authorize the disclosure of information, material or reports. 1992, c. 21, s. 46.

Competency as a witness

119. (1) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them when endeavouring to effect a collective agreement:

1. The Minister.

2. A deputy minister employed in the Ministry of Labour.

3. An assistant deputy minister of Labour.

4. The director of the Office of Mediation.

5. The chair or a member of a conciliation board.

6. Any other person appointed by the Minister under this Act who is endeavouring to effect a collective agreement.

Same

(2) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while acting within the scope of their employment under this Act:

1. The director of the Office of Arbitration.

2. A person appointed by the Minister under this Act or under a collective agreement to effect the settlement of a dispute or the mediation of a matter. 1992, c. 21, s. 47.

Delegation

120. (1) The Minister may delegate in writing to any person the Minister's power to make an appointment, order or direction under this Act.

Proof of appointment, etc.

(2) An appointment, an order or a direction made under thisAct that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it. 1992, c. 21, s. 48.

Mailed notices

121. (1) For the purposes of this Act and of any proceedings taken under it, any notice or communication sent through Her Majesty's mails shall be presumed, unless the contrary is proved, to have been received by the addressee in the ordinary course of mail. R.S.O. 1990, c. L.2, s. 115 (1).

Time of release of documents

(2) A decision, determination, report, interim order, order, direction, declaration or ruling of the Board, a notice from the Minister that he or she does not consider it advisable to appoint a conciliation board, a notice from the Minister of a report of a conciliation board or of a mediator, or a decision of an arbitrator or of an arbitration board,

(a) if sent by mail and addressed to the person, employers' organization, trade union or council of trade unions concerned at his, her or its last-known address, shall be deemed to have been released on the second day after the day on which it was so mailed; or

(b) if delivered to a person, employers' organization, trade union or council of trade unions concerned at his, her or its last-known address, shall be deemed to have been released on the day next after the day on which it was so delivered.

Failure to receive documents a defence

(3) Proof by a person, employers' organization, trade union or council of trade unions of failure to receive a determination under section 95 or an interim order or direction under section 98 or a direction of the Board under section 99, 100 or 145, or a decision of an arbitrator or of an arbitration board including a decision under section 102 sent by mail and addressed to the person, employers' organization, trade union or council of trade unions at his, her or its last-known address is a defence by the person, employers' organization, trade union or council of trade unions to an application for consent to institute a prosecution or to enforce as an order of the Ontario Court (General Division) the determination, interim order, direction or decision.

Second notice of desire to bargain

(4) Where a notice has been given under section 58 by registered mail and the addressee claims that he, she or it has not received the notice, the person, employers' organization, trade union or council of trade unions that gave the notice maygive a second notice to the addressee forthwith after he, she or it ascertains that the first notice had not been received, but in no case may the second notice be given more than three months after the day on which the first notice was mailed, and the second notice has the same force and effect for the purposes of this Act as the first notice would have had if it had been received by the addressee. R.S.O. 1990, c. L.2, s. 115 (3-5).

Defects in form; technical irregularities

122. No proceeding under this Act is invalid by reason of any defect of form or any technical irregularity and no proceeding shall be quashed or set aside if no substantial wrong or miscarriage of justice has occurred. R.S.O. 1990, c. L.2, s. 116.

Administration cost

123. The expenses incurred in the administration of this Act shall be paid out of the money that is appropriated by the Legislature for the purpose. R.S.O. 1990, c. L.2, s. 117.

Regulations

124. The Lieutenant Governor in Council may make regulations,

(a) providing for and regulating the engagement of experts, investigators and other assistants by conciliation boards;

(b) governing the assignment of arbitrators to conduct arbitrations and the carrying out and completion of the assignments;

(c) providing for and prescribing a scale of fees and expenses allowable to arbitrators in respect of arbitrations and limiting or restricting the application of such a regulation;

(d) providing a procedure for the review and determination of disputes concerning the fees and expenses charged or claimed by an arbitrator;

(e) governing the filing of schedules of fees and expenses by arbitrators, requiring arbitrators to provide parties with a copy of the schedules upon being appointed and requiring arbitrators to charge fees and expenses in accordance with the filed schedules;

(f) respecting training programs for arbitrators;

(g) providing for and fixing the remuneration and expenses of chairs and other members of conciliation boards and mediators;

(h) governing the conduct of arbitration hearings and prescribing procedures therefor;

(i) requiring the filing with the Ministry of Labour of awards of arbitrators and arbitration boards;

(j) prescribing amounts or a method of determining amounts payable under subsection 43 (5) for the expense of an arbitration by the Board;

(k) prescribing amounts for the expense of proceedings under section 133 and providing for the adjustment of the amounts in exceptional circumstances;

(l) prescribing forms and providing for their use, including the form in which the documents mentioned in sections 48, 95, 98, 101, 102 and 145 shall be filed in the Ontario Court (General Division);

(m) respecting any matter necessary or advisable to carry out the intent and purpose of this Act. R.S.O. 1990, c. L.2, s. 118; 1992, c. 21, s. 50 (1), amended.

Construction Industry

Definitions

125. In this section and in sections 126 to 170,

"council of trade unions" means a council that is formed for the purpose of representing or that according to established bargaining practice represents trade unions as defined in this section; ("conseil de syndicats")

"employee" includes an employee engaged in whole or in part in off-site work but who is commonly associated in work or bargaining with on-site employees; ("employé")

"employer" means a person who operates a business in the construction industry, and for purposes of an application for accreditation means an employer for whose employees a trade union or council of trade unions affected by the application has bargaining rights in a particular geographic area and sector or areas or sectors or parts thereof; ("employeur")

"employers' organization" means an organization that is formed for the purpose of representing or represents employers as defined in this section; ("association patronale")

"sector" means a division of the construction industry as determined by work characteristics and includes the industrial, commercial and institutional sector, the residential sector, the sewers and watermains sector, theroads sector, the heavy engineering sector, the pipeline sector and the electrical power systems sector; ("secteur")

"trade union" means a trade union that according to established trade union practice pertains to the construction industry. ("syndicat") R.S.O. 1990, c. L.2, s. 119, amended.

Conflict

126. Where there is conflict between any provision in sections 127 to 145 and any provision in sections 7 to 62 and 67 to 124, the provisions in sections 127 to 145 prevail. R.S.O. 1990, c. L.2, s. 120, amended.

Bargaining units in the construction industry

127. (1) Where a trade union applies for certification as bargaining agent of the employees of an employer, the Board shall determine the unit of employees that is appropriate for collective bargaining by reference to a geographic area and it shall not confine the unit to a particular project.

Determination of number of members in bargaining unit

(2) In determining whether a trade union to which subsection (1) applies has met the requirements of subsection 8 (2), the Board need not have regard to any increase in the number of employees in the bargaining unit after the application was made. R.S.O. 1990, c. L.2, s. 121.

Notice of desire to bargain

128. (1) Where notice has been given by a trade union to an employer under section 16 or by a trade union or a council of trade unions or an employer or employers' organization under section 58, the parties shall meet within five days from the giving of such notice or within such further period as the parties agree upon.

Extension of 14-day period for conciliation officer's report

(2) Where the Minister appoints a conciliation officer or a mediator at the request of a trade union, council of trade unions or an employer or employers' organization to confer with the parties and endeavour to effect a collective agreement binding upon employees of the employer or upon employees of members of the employers' organization, the period mentioned in subsection 20 (1) may be extended only by agreement of the parties.

Appointment of conciliation board

(3) Where the Minister has appointed a conciliation officer under subsection (2) and the conciliation officer is unable to effect a collective agreement within the time allowed, the Minister shall, unless the parties inform him or her in writing that they desire him or her to appoint a conciliation board, forthwith by notice in writing inform each of the parties that he or she does not consider it advisable to appoint a conciliationboard.

When report to be made

(4) Where a conciliation board has been appointed under subsection (3), it shall report its findings and recommendations to the Minister within 14 days after its first sitting, but such period may be extended,

(a) for a further period not exceeding 30 days by agreement of the parties; or

(b) for a further period beyond the period fixed in clause (a) as the parties may agree upon and as the Minister may approve. R.S.O. 1990, c. L.2, s. 122.

What deemed to be a collective agreement

129. (1) An agreement in writing between an employer or employers' organization, on the one hand, and a trade union that has been certified as bargaining agent for a unit of employees of the employer, or a trade union or a council of trade unions that is entitled to require the employer or the employers' organization to bargain with it for the renewal, with or without modifications, of the agreement then in operation or for the making of a new agreement, on the other hand, shall be deemed to be a collective agreement despite the fact that there were no employees in the bargaining unit or units affected at the time the agreement was entered into. R.S.O. 1990, c. L.2, s. 123.

Same

(2) Section 130 does not apply with respect to a collective agreement described in subsection (1). New.

Mandatory ratification vote

130. (1) A collective agreement has no effect until it has been ratified by a vote of the employees in the bargaining unit.

Right to vote, etc.

(2) The vote must be held in accordance with subsections 78 (5) and (7). New.

Notice of desire to bargain for new collective agreement

131. Each party to a collective agreement between an employer or employers' organization and a trade union or council of trade unions may, within the period of 90 days before the agreement ceases to operate, give notice in writing to the other party of its desire to bargain with a view to the renewal, with or without modifications, of the agreement then in operation or to the making of a new agreement, and the notice has for all purposes the same effect as a notice under section 58. R.S.O. 1990, c. L.2, s. 124.

Application for termination, no agreement

132. (1) If a trade union does not make a collective agreement with the employer within six months after its certification, any of the employees in the bargaining unit determined in the certificate may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.

Agreement

(2) Despite subsection 62 (2), any of the employees in the bargaining unit defined in a first agreement between an employer and a trade union, where the trade union has not been certified as the bargaining agent of the employees of the employer in the bargaining unit, may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit after the 305th day of its operation and before the 365th day of its operation.

Application of s. 62

(3) Subsections 62 (6) to (17) apply to an application under subsection (1) or (2). R.S.O. 1990, c. L.2, s. 125.

Referral of grievance to Board

133. (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement between an employer or employers' organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination. R.S.O. 1990, c. L.2, s. 126 (1), revised.

Hearing

(2) A referral under subsection (1) may be made in writing in the prescribed form by a party at any time after delivery of the written grievance to the other party, and the Board shall appoint a date for and hold a hearing within 14 days after receipt of the referral and may appoint a labour relations officer to confer with the parties and endeavour to effect a settlement before the hearing. R.S.O. 1990, c. L.2, s. 126 (2).

Jurisdiction of Board

(3) Upon a referral under subsection (1), the Board has exclusive jurisdiction to hear and determine the difference or allegation raised in the grievance referred to it, including any question as to whether the matter is arbitrable, and subsections 48 (9) and (11) to (17) apply with necessary modifications to the Board and to the enforcement of the decision of the Board. R.S.O. 1990, c. L.2, s. 126 (3), amended.

Expense

(4) The expense of proceedings under this section, in the amount fixed by the regulations, shall be jointly paid by the parties to the Board for payment into the Consolidated Revenue Fund. R.S.O. 1990, c. L.2, s. 126 (4).

Accreditation of employers' organization

134. Where a trade union or council of trade unions has been certified or has been granted voluntary recognition under section 18 as the bargaining agent for a unit of employees of more than one employer in the construction industry or where a trade union or council of trade unions has entered into collective agreements with more than one employer covering a unit of employees in the construction industry, an employers' organization may apply to the Board to be accredited as the bargaining agent for all employers in a particular sector of the industry and in the geographic area described in the said certificates, voluntary recognition documents or collective agreements, as the case may be. R.S.O. 1990, c. L.2, s. 127.

Board to determine appropriateness of unit

135. (1) Upon an application for accreditation, the Board shall determine the unit of employers that is appropriate for collective bargaining in a particular geographic area and sector, but the Board need not confine the unit to one geographic area or sector but may, if it considers it advisable, combine areas or sectors or both or parts thereof.

Same

(2) The unit of employers shall comprise all employers as defined in section 125 in the geographic area and sector determined by the Board to be appropriate. R.S.O. 1990, c. L.2, s. 128.

Determinations by Board

136. (1) Upon an application for accreditation, the Board shall ascertain,

(a) the number of employers in the unit of employers on the date of the making of the application who have within one year prior to such date had employees in their employ for whom the trade union or council of trade unions has bargaining rights in the geographic area and sector determined by the Board to be appropriate;

(b) the number of employers in clause (a) represented by the employers' organization on the date of the making of the application; and

(c) the number of employees of employers in clause (a) on the payroll of each such employer for the weekly payroll period immediately preceding the date of theapplication or if, in the opinion of the Board, the payroll period is unsatisfactory for any one or more of the employers in clause (a), such other weekly payroll period for any one or more of the said employers as the Board considers advisable. R.S.O. 1990, c. L.2, s. 129 (1); 1993, c. 27, Sched.

Accreditation

(2) If the Board is satisfied,

(a) that a majority of the employers in clause (1) (a) is represented by the employers' organization; and

(b) that such majority of employers employed a majority of the employees in clause (1) (c),

the Board, subject to subsection (3), shall accredit the employers' organization as the bargaining agent of the employers in the unit of employers and for the other employers for whose employees the trade union or council of trade unions may, after the date of the making of the application, obtain bargaining rights through certification or voluntary recognition in the appropriate geographic area and sector. R.S.O. 1990, c. L.2, s. 129 (2); 1993, s. 27, Sched.

Authority of employers' organization

(3) Before accrediting an employers' organization under subsection (2), the Board shall satisfy itself that the employers' organization is a properly constituted organization and that each of the employers whom it represents has vested appropriate authority in the organization to enable it to discharge the responsibilities of an accredited bargaining agent.

Same

(4) Where the Board is of the opinion that appropriate authority has not been vested in the employers' organization, the Board may postpone disposition of the application to enable employers represented by the organization to vest the additional or other authority in the organization that the Board considers necessary.

What employers' organization not to be accredited

(5) The Board shall not accredit any employers' organization if any trade union or council of trade unions has participated in its formation or administration or has contributed financial or other support to it or if it discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code, or the Canadian Charter of Rights and Freedoms. R.S.O. 1990, c. L.2, s. 129 (3-5).

Effect of accreditation

137. (1) Upon accreditation, all rights, duties andobligations under this Act of employers for whom the accredited employers' organization is or becomes the bargaining agent apply with necessary modifications to the accredited employers' organization.

Effect of accreditation on collective agreements

(2) Upon accreditation, any collective agreement in operation between the trade union or council of trade unions and any employer in clause 136 (1) (a) is binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision therein respecting its renewal.

Same

(3) When any collective agreement mentioned in subsection (2) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers' organization or subsequently entered into by the said parties.

Same

(4) Where, after the date of the making of an application for accreditation, the trade union or council of trade unions obtains bargaining rights for the employees of an employer through certification or voluntary recognition, that employer is bound by any collective agreement in existence at the time of the certification or voluntary recognition between the trade union or council of trade unions and the applicant employers' organization or subsequently entered into by the said parties.

Same

(5) A collective agreement between a trade union or council of trade unions and an employer who, but for the one-year requirement, would have been included in clause 136 (1) (a) is binding on the parties thereto only for the remainder of the term of operation of the agreement regardless of any provisions therein respecting its renewal.

Same

(6) Where any collective agreement mentioned in subsection (5) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers' organization or subsequently entered into by the said parties.

Application of s. 57 (1)

(7) Where, under this section, an employer becomes bound by a collective agreement between a trade union or council of trade unions and an accredited employers' organization after the said agreement has commenced to operate, the agreement ceases to be binding on the employer in accordance with the terms thereof, despite subsection 57 (1). R.S.O. 1990, c. L.2, s. 130.

Application of s. 56 (1, 2)

138. (1) Subsections 56 (1) and (2) do not apply to an accredited employers' organization.

Binding effect of collective agreement on employer

(2) A collective agreement between an accredited employers' organization and a trade union or council of trade unions is, subject to and for the purposes of this Act, binding upon the accredited employers' organization and the trade union or council of trade unions, as the case may be, and upon each employer in the unit of employers represented by the accredited employers' organization at the time the agreement was entered into and upon the other employers that may subsequently be bound by the said agreement, as if it was made between each of the employers and the trade union or council of trade unions and, if any such employer ceases to be represented by the accredited employers' organization during the term of operation of the agreement, the employer shall, for the remainder of the term of operation of the agreement, be deemed to be a party to a like agreement with the trade union or council of trade unions.

Binding effect of collective agreement on employees

(3) A collective agreement between an accredited employers' organization and a trade union or council of trade unions is binding on the employees in the bargaining unit defined in the agreement of any employer bound by the collective agreement. R.S.O. 1990, c. L.2, s. 131.

Termination of accreditation

139. (1) If an accredited employers' organization does not make a collective agreement with the trade union or council of trade unions, as the case may be, within one year after its accreditation, any of the employers in the unit of employers determined in the accreditation certificate may apply to the Board only during the two months following the said one year for a declaration that the accredited employers' organization no longer represents the employers in the unit of employers.

Same

(2) Any of the employers in the unit of employers defined in a collective agreement between an accredited employers' organization and a trade union or council of trade unions, as the case may be, may apply to the Board only during the last two months of its operation for a declaration that the accredited employers' organization no longer represents the employers in the unit of employers.

Determination by Board

(3) Upon an application under subsection (1) or (2), the Board shall ascertain,

(a) the number of employers in the unit of employers on thedate of the making of the application;

(b) the number of employers in the unit of employers who, within the two-month period immediately preceding the date of the making of the application, have voluntarily signified in writing that they no longer wish to be represented by the accredited employers' organization; and

(c) the number of employees affected by the application of employers in the unit of employers on the payroll of each employer for the weekly payroll period immediately preceding the date of the making of the application or if, in the opinion of the Board, the payroll period is unsatisfactory for any one or more of the employers in clause (a), such other weekly payroll period for any one or more of the said employers as the Board considers advisable. R.S.O. 1990, c. L.2, s. 132 (1-3).

Declaration by Board

(4) If the Board is satisfied,

(a) that a majority of the employers in clause (3) (a) has voluntarily signified in writing that they no longer wish to be represented by the accredited employers' organization; and

(b) that such majority of employers employed a majority of the employees in clause (3) (c),

the Board shall declare that the employers' organization that was accredited or that was or is a party to the collective agreement, as the case may be, no longer represents the employers in the unit of employers. R.S.O. 1990, c. L.2, s. 132 (4); 1993, c. 27, Sched.

Declaration of termination on abandonment

(5) Upon an application under subsection (1) or (2), when the employers' organization informs the Board that it does not desire to continue to represent the employers in the unit of employers, the Board may declare that the employers' organization no longer represents the employers in the unit.

Effect of declaration

(6) Upon the Board making a declaration under subsection (4) or (5),

(a) any collective agreement in operation between the trade union or council of trade unions and the employers' organization that is binding upon the employers in the unit of employers ceases to operate forthwith;

(b) all rights, duties and obligations under this Act of the employers' organization revert with necessary modifications to the individual employers represented by the employers' organization; and

(c) the trade union or council of trade unions, as the case may be, is entitled to give to any employer in the unit of employers a written notice of its desire to bargain with a view to making a collective agreement, and the notice has the same effect as a notice under section 14. R.S.O. 1990, c. L.2, s. 132 (5, 6).

Individual bargaining prohibited

140. (1) No trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employers' organization and no such employer or person acting on behalf of such employer, trade union or council of trade unions shall, so long as the accredited employers' organization continues to be entitled to represent the employers in a unit of employers, bargain with each other with respect to such employees or enter into a collective agreement designed or intended to be binding upon such employees and if any such agreement is entered into it is void.

Agreements to provide employees during lawful strike or lock-out prohibited

(2) No trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employers' organization and no such employer or person acting on behalf of the employer, trade union or council of trade unions shall, so long as the accredited employers' organization continues to be entitled to represent the employers in a unit of employers, enter into any agreement or understanding, oral or written, that provides for the supply of employees during a legal strike or lock-out, and if any such agreement or understanding is entered into it is void and no such trade union or council of trade unions or person shall supply such employees to the employer.

Saving

(3) Nothing in this Act prohibits an employer, represented by an accredited employers' organization, from continuing or attempting to continue the employer's operations during a strike or lock-out involving employees of employers represented by the accredited employers' organization. R.S.O. 1990, c. L.2, s. 133.

Duty of fair representation by employers' organization

141. An accredited employers' organization, so long as it continues to be entitled to represent employers in a unit of employers, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employers in the unit, whether members of the accreditedemployers' organization or not. R.S.O. 1990, c. L.2, s. 134.

Membership in employers' organization

142. Membership in an accredited employers' organization shall not be denied or terminated except for cause which, in the opinion of the Board, is fair and reasonable. R.S.O. 1990, c. L.2, s. 135.

Fees

143. An accredited employers' organization shall not charge, levy or prescribe initiation fees, dues or assessments that, in the opinion of the Board, are unreasonable or discriminatory. R.S.O. 1990, c. L.2, s. 136.

Mandatory strike vote

144. (1) No employee and no member of a trade union or a trade union represented by a council of trade unions shall strike unless a strike vote is taken within 30 days before the strike begins and more than 50 per cent of those voting vote in favour of a strike.

Right to vote, etc.

(2) Subsections 78 (5) and (7) apply with necessary modifications to the strike vote. New.

Direction by Board re unlawful strike

145. (1) Where, on the complaint of an interested person, trade union, council of trade unions or employers' organization, the Board is satisfied that a trade union or council of trade unions called or authorized or threatened to call or authorize an unlawful strike or that an officer, official or agent of a trade union or council of trade unions counselled or procured or supported or encouraged an unlawful strike or threatened an unlawful strike, or that employees engaged in or threatened to engage in an unlawful strike or any person has done or is threatening to do any act that the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike, it may direct what action, if any, a person, employee, employer, employers' organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or the threat of an unlawful strike.

Direction by Board re unlawful lock-out

(2) Where, on the complaint of an interested person, trade union, council of trade unions or employers' organization, the Board is satisfied that an employer or employers' organization called or authorized or threatened to call or authorize an unlawful lock-out or locked out or threatened to lock out employees or that an officer, official or agent of an employer or employers' organization counselled or procured or supported orencouraged an unlawful lock-out or threatened an unlawful lock-out, it may direct what action if any a person, employee, employer, employers' organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful lock-out or the threat of an unlawful lock-out.

Direction by Board re unlawful agreements

(3) Where, on the complaint of an interested person, trade union, council of trade unions, employers' organization, employee bargaining agency or employer bargaining agency, the Board is satisfied that a person, employee, trade union, council of trade unions, affiliated bargaining agent, employee bargaining agency, employer, employers' organization, group of employers' organizations or employer bargaining agency, bargained for, attempted to bargain for, or concluded any collective agreement or other arrangement affecting employees represented by affiliated bargaining agents other than a provincial agreement as contemplated by subsection 163 (1), it may direct what action, if any, a person, employee, trade union, council of trade unions, affiliated bargaining agent, employee bargaining agency, employer, employers' organization, group of employers' organizations, or employer bargaining agency, shall do or refrain from doing with respect to the bargaining for, the attempting to bargain for, or the concluding of a collective agreement or other arrangement other than a provincial agreement as contemplated by subsection 163 (1).

Enforcement of direction by Ontario Court (General Division)

(4) The Board shall file in the Ontario Court (General Division) a copy of a direction made under this section, exclusive of the reasons therefor, in the prescribed form, whereupon the direction shall be entered in the same way as an order of that court and is enforceable as such. R.S.O. 1990, c. L.2, s. 137.

Definitions

146. (1) In sections 147 to 151,

"constitution" means an organizational document governing the establishment or operation of a trade union and includes a charter and by-laws and rules made under a constitution; ("acte constitutif")

"jurisdiction" includes geographic, sectoral and work jurisdiction; ("juridiction")

"local trade union" means, in relation to a parent trade union, a trade union in Ontario that is affiliated with or subordinate or directly related to the parent trade union and includes a council of trade unions; ("syndicat local")

"parent trade union" means a provincial, national or international trade union which has at least one affiliated local trade union in Ontario that is subordinate or directly related to it. ("syndicat parent")

Conflict, provisions of Act

(2) In the event of a conflict between any provision in sections 147 to 151 and any other provision of this Act, the provisions in sections 147 to 151 prevail.

Same, trade union constitution

(3) In the event of a conflict between any provision in sections 147 to 151 and any provision in the constitution of a trade union, the provisions in sections 147 to 151 prevail. 1993, c. 36, s. 1, part.

Application

147. (1) This section applies with respect to employees in a bargaining unit in the construction industry other than in the industrial, commercial and institutional sector referred to in the definition of "sector" in section 125.

Bargaining rights

(2) If a parent trade union is the bargaining agent for employees described in subsection (1), each of its local trade unions is deemed to be bargaining agent, together with the parent trade union, for employees in the bargaining unit within the jurisdiction of the local trade union.

Party to the collective agreement

(3) If a parent trade union is a party to a collective agreement that applies to employees described in subsection (1), the local trade union is deemed to be a party, together with the parent trade union, to the collective agreement with respect to the jurisdiction of the local trade union.

Council

(4) The Minister may, upon such conditions as the Minister considers appropriate, require a parent trade union and its local trade unions to form a council of trade unions for the purpose of conducting bargaining and concluding a collective agreement,

(a) if an affected local trade union, parent trade union or employer requests the Minister to do so; and

(b) if the Minister considers that doing so is necessary to resolve a disagreement between a parent trade union and a local trade union concerning conducting bargaining or concluding a collective agreement.

Rules of operation, etc.

(5) The Minister may make rules governing the formation oroperation of the council of trade unions, including the ratification of collective agreements, if the parent trade union and the local trade unions do not make their own rules within 60 days after the Minister's decision under subsection (4).

Compliance

(6) The parent trade union and the local trade unions shall comply with rules made by the Minister. 1993, c. 36, s. 1, part.

Jurisdiction of the local trade union

148. (1) A parent trade union shall not, without just cause, alter the jurisdiction of a local trade union as the jurisdiction existed on May 1, 1992, whether it was established under a constitution or otherwise.

Notice

(2) The parent trade union shall give the local trade union written notice of an alteration at least 15 days before it comes into effect.

Determination of just cause

(3) On an application relating to this section, the Board shall consider the following when deciding whether there is just cause for an alteration:

1. The trade union constitution.

2. The ability of the local trade union to carry out its duties under this Act.

3. The wishes of the members of the local trade union.

4. Whether the alteration would facilitate viable and stable collective bargaining without causing serious labour relations problems.

Same

(4) The Board is not bound by the trade union constitution when deciding whether there is just cause for an alteration.

Complaint

(5) If a local trade union makes a complaint to the Board concerning the alteration of its jurisdiction by a parent trade union, the alteration shall be deemed not to have been effective until the Board disposes of the matter. 1993, c. 36, s. 1, part.

Application

149. (1) This section applies if, on May 1, 1992,

(a) a parent trade union was party to a collective agreement whose geographic scope included the province and which applied to employees described in subsection147 (1); or

(b) a parent trade union had given notice to bargain for the renewal of such a collective agreement.

Province-wide agreements

(2) Sections 147 and 148 do not operate to authorize a local trade union to enter into a separate collective agreement or a separate renewal collective agreement or to alter the geographic scope of the collective agreement. 1993, c. 36, s. 1, part.

Interference with the local trade union

150. (1) A parent trade union or a council of trade unions shall not, without just cause, assume supervision or control of or otherwise interfere with a local trade union directly or indirectly in such a way that the autonomy of the local trade union is affected.

Same, officials and members

(2) A parent trade union or a council of trade unions shall not, without just cause, remove from office, change the duties of an elected or appointed official of a local trade union or impose a penalty on such an official or on a member of a local trade union.

Board powers

(3) On an application relating to this section, when deciding whether there is just cause, the Board shall consider the trade union constitution but is not bound by it and shall consider such other factors as it considers appropriate.

Orders when just cause

(4) If the Board determines that an action described in subsection (1) was taken with just cause, the Board may make such orders and give such directions as it considers appropriate, including orders respecting the continuation of supervision or control of the local trade union. 1993, c. 36, s. 1, part.

Administration of benefit plans

151. (1) If benefits are provided under an employment benefit plan primarily to members of one local trade union or to their dependants or beneficiaries, the local trade union is entitled to appoint at least a majority of the trustees who administer the plan, excluding the trustees who are appointed by employers.

Same, more than one local trade union

(2) If benefits are provided under such a plan primarily to members of more than one local trade union or to their dependants or beneficiaries, those local trade unions are entitled together to appoint at least a majority of the trustees who administer the plan, excluding the trustees who are appointed by employers.

Same, members outside Ontario

(3) If, in the circumstances described in subsection (2), benefits are provided to members outside of Ontario or to their dependants or beneficiaries, the local trade unions are entitled together to appoint that proportion of the trustees (excluding trustees appointed by employers) that corresponds to the proportion that the members in Ontario of the local trade unions bear to the total number of members participating in the plan.

Effect of agreement

(4) Subsections (1), (2) and (3) apply despite any provision to the contrary in any agreement or other document.

Appointment process

(5) Unless otherwise agreed by the interested local trade unions, the appointment of trustees under subsection (2) or (3) shall be determined by a majority vote of those local trade unions voting, with each local trade union being entitled to cast a single ballot.

Definition

(6) In this section,

"employment benefit plan" means a plan that provides any type of benefit to an individual or his or her dependants or beneficiaries because of the individual's employment or his or her membership in a trade union and includes a pension plan or another arrangement whereby money is contributed by or on behalf of the individual for retirement purposes. 1993, c. 36, s. 2, part.

Province-Wide Bargaining

Definitions

152. (1) In this section and in sections 145 and 153 to 170,

"affiliated bargaining agent" means a bargaining agent that, according to established trade union practice in the construction industry, represents employees who commonly bargain separately and apart from other employees and is subordinate or directly related to, or is, a provincial, national or international trade union, and includes an employee bargaining agency; ("agent négociateur affilié")

"bargaining", except when used in reference to an affiliated bargaining agent, means province-wide, multi-employer bargaining in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125; ("négociation")

"employee bargaining agency" means an organization of affiliated bargaining agents that are subordinate or directly related tothe same provincial, national or international trade union, and that may include the parent or related provincial, national or international trade union, formed for purposes that include the representation of affiliated bargaining agents in bargaining and which may be a single provincial, national or international trade union; ("organisme négociateur syndical")

"employer bargaining agency" means an employers' organization or group of employers' organizations formed for purposes that include the representation of employers in bargaining; ("organisme négociateur patronal")

"provincial agreement" means an agreement in writing covering the whole of the Province of Ontario between a designated or accredited employer bargaining agency that represents employers, on the one hand, and a designated or certified employee bargaining agency that represents affiliated bargaining agents, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer bargaining agency, the employers represented by the employer bargaining agency and for whose employees the affiliated bargaining agents hold bargaining rights, the affiliated bargaining agents represented by the employee bargaining agency, or the employees represented by the affiliated bargaining agents and employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125. ("convention provinciale") R.S.O. 1990, c. L.2, s. 139 (1); 1991, c. 56, s. 1; 1993, c. 27, Sched.

Deemed recognition of affiliated bargaining agents

(2) Where an employer is represented by a designated or accredited employer bargaining agency, the employer shall be deemed to have recognized all of the affiliated bargaining agents represented by a designated or certified employee bargaining agency that bargains with the employer bargaining agency as the bargaining agents for the purpose of collective bargaining in their respective geographic jurisdictions in respect of the employees of the employer employed in the industrial, commercial or institutional sector of the construction industry, referred to in the definition of "sector" in section 125, except those employees for whom a trade union other than one of the affiliated bargaining agents holds bargaining rights. R.S.O. 1990, c. L.2, s. 139 (2); 1993, c. 27, Sched.

Conflict

153. Where there is conflict between any provision in sections 154 to 169 and any provision in sections 7 to 62 and 67 to 145, the provisions in sections 154 to 169 prevail. R.S.O. 1990, c. L.2, s. 140, amended.

Designation by Minister

154. (1) The Minister may, upon such terms and conditions as the Minister considers appropriate,

(a) designate employee bargaining agencies to represent in bargaining provincial units of affiliated bargaining agents, and describe those provincial units;

(b) despite an accreditation of an employers' organization as the bargaining agent of employers, designate employer bargaining agencies to represent in bargaining provincial units of employers for whose employees affiliated bargaining agents hold bargaining rights, and describe those provincial units.

Exclusion of certain bargaining relationships

(2) Where affiliated bargaining agents that are subordinate or directly related to the different provincial, national or international trade unions bargain as a council of trade unions with a single employer bargaining agency for a province-wide collective agreement, the Minister may exclude such bargaining relationships from the designations made under subsection (1), and subsection 163 (2) shall not apply to such exclusion.

Minister may convene conference

(3) Where a designation is not made by the Minister of an employee bargaining agency or an employer bargaining agency under subsection (1) within 60 days after October 27, 1977, the Minister may convene a conference of trade unions, councils of trade unions, employers and employers' organizations, as the case may be, for the purpose of obtaining recommendations with respect to the making of a designation.

Reference of question

(4) The Minister may refer to the Board any question that arises concerning a designation, or any terms or conditions therein, and the Board shall report to the Minister its decision on the question.

Minister may alter, etc., designation

(5) Subject to sections 155 and 156, the Minister may alter, revoke or amend any designation from time to time and may make another designation.

Non-application

(6) The Regulations Act does not apply to a designation made under subsection (1). R.S.O. 1990, c. L.2, s. 141.

Application to Board by employee bargaining agency

155. (1) During the period between the 120th and the 180th days prior to the termination of a provincial agreement, an employee bargaining agency, whether designated or not, may applyto the Board to be certified to represent in bargaining a provincial unit of affiliated bargaining agents.

Certification by Board

(2) Where the Board is satisfied that a majority of the affiliated bargaining agents falling within the provincial unit is represented by the employee bargaining agency and that the majority of affiliated bargaining agents holds bargaining rights for a majority of employees that would be bound by a provincial agreement, the Board shall certify the employee bargaining agency. R.S.O. 1990, c. L.2, s. 142.

Application to Board by employer bargaining agency

156. (1) During the period between the 120th and the 180th days prior to the termination of a provincial agreement, an employer bargaining agency, whether designated or not, may apply to the Board to be accredited to represent in bargaining a provincial unit of employers for whose employees affiliated bargaining agents hold bargaining rights.

Accreditation by Board

(2) Where the Board is satisfied that a majority of employers falling within the provincial unit is represented by the employer bargaining agency and that the majority of employers employ a majority of the employees for whom the affiliated bargaining agents hold bargaining rights, the Board shall accredit the employer bargaining agency. R.S.O. 1990, c. L.2, s. 143.

Employee bargaining agencies, vesting of rights, etc.

157. Where an employee bargaining agency has been designated under section 154 or certified under section 155 to represent a provincial unit of affiliated bargaining agents, all rights, duties and obligations under this Act of the affiliated bargaining agents for which it bargains shall vest in the employee bargaining agency, but only for the purpose of conducting bargaining and, subject to the ratification procedures of the employee bargaining agency, concluding a provincial agreement. R.S.O. 1990, c. L.2, s. 144.

Employer bargaining agencies, vesting of rights, etc.

158. Where an employer bargaining agency has been designated under section 154 or accredited under section 156 to represent a provincial unit of employers,

(a) all rights, duties and obligations under this Act of employers for which it bargains shall vest in the employer bargaining agency, but only for the purpose of conducting bargaining and concluding a provincial agreement; and

(b) an accreditation heretofore made under section 136 of an employers' organization as bargaining agent of theemployers in the industrial, commercial and institutional sector of the construction industry, referred to in the definition of "sector" in section 125, represented or to be represented by the employer bargaining agency is null and void from the time of such designation under section 154 or accreditation under section 156. R.S.O. 1990, c. L.2, s. 145.

Application for certification in the industrial, commercial and institutional sector

159. (1) An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125 shall be brought by either,

(a) an employee bargaining agency; or

(b) one or more affiliated bargaining agents of the employee bargaining agency,

on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition. R.S.O. 1990, c. L.2, s. 146 (1).

Saving

(2) Despite subsection 127 (1), a trade union represented by an employee bargaining agency may bring an application for certification in relation to a unit of employees employed in all sectors of a geographic area other than the industrial, commercial and institutional sector and the unit shall be deemed to be a unit of employees appropriate for collective bargaining. R.S.O. 1990, c. L.2, s. 146 (3); 1993, c. 27, Sched.

Voluntary recognition agreements

(3) A voluntary recognition agreement in so far as it relates to the industrial, commercial and institutional sector of the construction industry shall be between an employer on the one hand and either,

(a) an employee bargaining agency;

(b) one or more affiliated bargaining agents represented by an employee bargaining agency; or

(c) a council of trade unions on behalf of one or more affiliated bargaining agents affiliated with the council of trade unions,

on the other hand, and shall be deemed to be on behalf of all the affiliated bargaining agents of the employee bargaining agency and the defined bargaining unit in the agreement shall include those employees who would be bound by a provincial agreement.

Exception

(4) Despite subsections (1) and (3), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf. R.S.O. 1990, c. L.2, s. 146 (4, 5).

Voting constituency

160. (1) The Board shall determine the voting constituency to be used for a representation vote.

Direction for representation vote

(2) If the Board determines that 40 per cent or more of the individuals in the voting constituency appear to be members of the trade unions at the time the application for certification was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency.

Subss. 8 (3-9) apply

(3) Subsections 8 (3) to (9) apply with respect to the powers of the Board and the representation vote. New.

Certification after representation vote

161. (1) The Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.

Subs. 10 (2) applies

(2) Subsection 10 (2) applies with necessary modifications with respect to a certification under this section.

Bar to reapplying

(3) If the Board dismisses an application for certification under this section, the Board shall not consider another application for certification by the employee bargaining agency or the affiliated bargaining agent or agents to certify the trade unions as bargaining agent for the employees in the bargaining unit until one year has elapsed after the dismissal. New.

Termination of collective agreement

162. (1) Subject to subsection (2), any collective agreementin operation on October 27, 1977 in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125 and represented by affiliated bargaining agents is enforceable by and binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision respecting its renewal.

Same

(2) Despite subsection 57 (1), every collective agreement in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125 and represented by affiliated bargaining agents entered into after January 1, 1977 and before April 30, 1978 shall be deemed to expire not later than April 30, 1978, regardless of any provision respecting its term of operation or its renewal.

Provincial agreement binding

(3) Where any collective agreement mentioned in subsection (1) ceases to operate, the affiliated bargaining agent, the employer and the employees for whom the affiliated bargaining agent holds bargaining rights shall be bound by the provincial agreement made between an employee bargaining agency representing the affiliated bargaining agent and the employer bargaining agency representing the employer.

Same

(4) After April 30, 1978, where an affiliated bargaining agent obtains bargaining rights through certification or voluntary recognition in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125, the employer, the affiliated bargaining agent, and the employees for whom the affiliated bargaining agent has obtained bargaining rights are bound by the provincial agreement made between an employee bargaining agency representing the affiliated bargaining agent and an employer bargaining agency representing a provincial unit of employers in which the employer would have been included.

When provincial agreement ceases to operate

(5) Despite subsection 57 (1), where, under the provisions of this section, an employer, affiliated bargaining agent or employees become bound by a provincial agreement after the agreement has commenced to operate, the agreement ceases to be binding on the employer, affiliated bargaining agent or employees in accordance with the terms thereof. R.S.O. 1990, c. L.2, s. 147.

Agency shall make only one agreement

163. (1) An employee bargaining agency and an employer bargaining agency shall make only one provincial agreement foreach provincial unit that it represents. R.S.O. 1990, c. L.2, s. 148 (1).

No agreement other than provincial agreement

(2) Subject to sections 154 and 162, no person, employee, trade union, council of trade unions, affiliated bargaining agent, employee bargaining agency, employer, employers' organization, group of employers' organizations or employer bargaining agency shall bargain for, attempt to bargain for, or conclude any collective agreement or other arrangement affecting employees represented by affiliated bargaining agents other than a provincial agreement as contemplated by subsection (1), and any collective agreement or other arrangement that does not comply with subsection (1) is null and void. R.S.O. 1990, c. L.2, s. 148 (2), revised.

Expiry of provincial agreement

(3) Every provincial agreement shall provide for the expiry of the agreement on April 30 calculated triennially from April 30, 1992. 1991, c. 56, s. 2.

Mandatory ratification vote

164. A provincial agreement has no effect until it has been ratified in a vote taken in accordance with subsections 78 (5) and (7) in which the persons described in subsection 167 (1) are entitled to cast ballots. New.

Non-application of s. 56

165. (1) Section 56 does not apply to a designated or accredited employer bargaining agency or a designated or certified employee bargaining agency.

Provincial agreement binding

(2) A provincial agreement is, subject to and for the purposes of this Act, binding upon the employer bargaining agency, the employers represented by the employer bargaining agency, the employee bargaining agency, the affiliated bargaining agents represented by the employee bargaining agency, the employees represented by the affiliated bargaining agents and employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125, and upon such employers, affiliated bargaining agents and employees as may be subsequently bound by the said agreement.

Parties

(3) Any employee bargaining agency, affiliated bargaining agent, employer bargaining agency and employer bound by a provincial agreement shall be considered to be a party for the purposes of section 133. R.S.O. 1990, c. L.2, s. 149.

Calling of strikes

166. (1) Where an employee bargaining agency desires to call or authorize a lawful strike, all of the affiliated bargaining agents it represents shall call or authorize the strike in respect of all the employees represented by all affiliated bargaining agents affected thereby in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125, and no affiliated bargaining agent shall call or authorize a strike of the employees except in accordance with this subsection. R.S.O. 1990, c. L.2, s. 150 (1).

Mandatory strike vote

(2) No employee represented by an employee bargaining agency or by an affiliated bargaining agent and no member of an affiliated bargaining agent shall strike unless a strike vote is taken within 30 days before the strike begins and more than 50 per cent of those voting vote in favour of a strike.

Same

(3) The strike vote must be taken in accordance with subsections 78 (5) and (7) and section 167. New.

Calling of lock-outs

(4) Where an employer bargaining agency desires to call or authorize a lawful lock-out, all employers it represents shall call or authorize the lock-out in respect of all employees employed by such employers and represented by all the affiliated bargaining agents affected thereby in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125 and no employer shall lock out the employees except in accordance with this subsection. R.S.O. 1990, c. L.2, s. 150 (2).

Who may vote, employees

167. (1) Where an employee bargaining agency or an affiliated bargaining agent conducts a strike vote relating to a provincial bargaining unit or a vote to ratify a proposed provincial agreement, the only persons entitled to cast ballots in the vote shall be,

(a) employees in the provincial bargaining unit on the date the vote is conducted; and

(b) persons who are members of the affiliated bargaining agent or employee bargaining agency and who are not employed in any employment,

(i) on the day the vote is conducted, if the vote is conducted at a time when there is no strike or lock-out relating to the provincial bargaining unit, or

(ii) on the day before the commencement of the strike or lock-out, if the vote is conducted during a strike or lock-out relating to the provincial bargaining unit.

Same, employers

(2) Where an employer bargaining agency or employers' organization conducts a lock-out vote relating to a provincial bargaining unit or a vote to ratify a proposed provincial agreement, the only employers entitled to cast ballots in the vote shall be employers represented by the employer bargaining agency or employers' organization that employed,

(a) on the day the vote is conducted, if the vote is conducted at a time when there is no strike or lock-out relating to the provincial bargaining unit; or

(b) on the day before the commencement of the strike or lock-out, if the vote is conducted during a strike or lock-out relating to the provincial bargaining unit,

employees who are represented by the employee bargaining agency or an affiliated bargaining agent that would be affected by the lock-out or would be bound by the provincial agreement. R.S.O. 1990, c. L.2, s. 152 (1, 2).

No counting until all voting completed

(3) In a vote to ratify a proposed provincial agreement, no ballots shall be counted until the voting is completed throughout the province. 1991, c. 56, s. 3 (1).

Certification of compliance

(4) Within five days after a vote is completed, the employee bargaining agency, affiliated bargaining agent, employers' organization or employer bargaining agency conducting the vote, as the case may be, shall file with the Minister a declaration in the prescribed form certifying the result of the vote and that it took reasonable steps to secure compliance with subsection (1) or (2), as the case may be, and with subsection (3). R.S.O. 1990, c. L.2, s. 152 (3); 1991, c. 56, s. 3 (2).

Complaints

(5) Where a complaint is made to the Minister that subsection (1), (2) or (3) has been contravened and that the result of a vote has been affected materially thereby, the Minister may, in the Minister's discretion, refer the matter to the Board. R.S.O. 1990, c. L.2, s. 152 (4); 1991, c. 56, s. 3 (3).

Same

(6) No complaint alleging a contravention of this section shall be made except as may be referred to the Board undersubsection (5).

Same

(7) No complaint shall be considered by the Minister unless it is received within 10 days after the vote is completed. R.S.O. 1990, c. L.2, s. 152 (5, 6).

Declaration and direction by Board

(8) Where, upon a matter being referred to the Board, the Board is satisfied that subsection (1), (2) or (3) has been contravened and that such contravention has affected materially the results of a vote, the Board may so declare and it may direct what action, if any, a person, employer, employers' organization, affiliated bargaining agent, employee bargaining agency or employer bargaining agency shall do or refrain from doing with respect to the vote and the provincial agreement or any related matter and such declaration or direction shall have effect from and after the day the declaration or direction is made. R.S.O. 1990, c. L.2, s. 152 (7); 1991, c. 56, s. 3 (4).

Power of Board

168. The Board shall, upon the application of a trade union, a council of trade unions, or an employer or employers' organization, determine any question that arises as to whether work performed or to be performed by employees is within the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 125. R.S.O. 1990, c. L.2, s. 153.

Bargaining agency not to act in bad faith, etc.

169. (1) A designated or certified employee bargaining agency shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of the affiliated bargaining agents in the provincial unit of affiliated bargaining agents for which it bargains, whether members of the designated or certified employee bargaining agency or not and in the representation of employees, whether members of an affiliated bargaining agent or not.

Same

(2) A designated or accredited employer bargaining agency shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employers in the provincial unit of employers for which it bargains, whether members of the designated or accredited employer bargaining agency or not. R.S.O. 1990, c. L.2, s. 154.

Corporation to facilitate ICI bargaining

170. (1) This section applies with respect to a corporation established under a regulation under this section or under a predecessor to this section. 1991, c. 56, s. 4 (1), revised.

Objects

(2) The objects of the corporation are to facilitate collective bargaining in, and otherwise assist, the industrial, commercial and institutional sector of the construction industry including,

(a) collecting, analyzing and disseminating information concerning collective bargaining and economic conditions in the industrial, commercial and institutional sector of the construction industry;

(b) holding conferences involving representatives of the employer bargaining agencies and the employee bargaining agencies; and

Not agency of Crown

(3) The corporation is not an agency of the Crown.

Members of corporation

(4) The members of the corporation shall be appointed in the prescribed manner and shall consist of equal numbers of representatives of labour, management and the Government of Ontario.

Board of directors

(5) The board of directors of the corporation shall be composed of all the members of the corporation.

Funding of corporation

(6) The employer bargaining agencies and the employee bargaining agencies shall make payments to the corporation in accordance with the regulations.

If non-payment

(7) The corporation may make a complaint to the Board alleging a contravention of subsection (6) and section 95 applies with respect to such a complaint.

Regulations

(8) The Lieutenant Governor in Council may make regulations,

(a) establishing a corporation without share capital;

(b) governing the corporation including,

(i) providing for its dissolution,

(ii) governing the appointment of members, and

(iii) prescribing additional objects;

(c) governing the payments to be made to the corporation by the employer bargaining agencies and the employee bargaining agencies including prescribing methods for determining the payments.

Same

(9) A regulation made under subclause (8) (b) (ii) may provide for the selection, by persons or organizations, of persons to be appointed as members. 1991, c. 56, s. 4 (2-9).

SHORT TITLE

Short title

171. The short title of this Act is the Labour Relations Act, 1995.