Bill 74, Fairness and Competitiveness in Ontario's Construction Industry Act, 2013

Bill 74 2013

An Act to amend the Labour Relations Act, 1995 to alter bargaining rights conferred by pre-1980 working agreements in the construction industry

Note: This Act amends the Labour Relations Act, 1995.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  The Labour Relations Act, 1995 is amended by adding the following section:

Ending bargaining rights

   163.6  (1)  In this section,

"working agreement" means an agreement entered into before May 1, 1979 between an employer and a council of trade unions that recognizes and confers on the trade unions affiliated with the council bargaining rights relating to the construction industry with respect to a geographic area of Ontario set out in the agreement.

Same

   (2)  The bargaining rights recognized and conferred by a working agreement described in subsection (3) are ended effective on the date this section comes into force.

Working agreements involved

   (3)  The working agreements to which subsection (2) applies include the working agreement entered into between The Ellis-Don Limited and The Building and Construction Trades Council of Sarnia and Lambton County, dated October 24, 1958, but do not include a working agreement that is listed in Schedule 3 or 5 to Ontario Regulation 105/01 (Deemed Abandonment of Bargaining Rights) made under the Act.

Exceptions

   (4)  Subsection (2) does not affect,

  (a)  an agreement entered into before the date this section comes into force to settle or otherwise resolve a grievance or other legal proceedings;

  (b)  an agreement entered into before the date this section comes into force, other than a working agreement, that expressly recognizes or confers bargaining rights; or

   (c)  a certificate issued by the Board as a result of an application for certification by a trade union as the bargaining agent for employees in a bargaining unit.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Fairness and Competitiveness in Ontario's Construction Industry Act, 2013.

EXPLANATORY NOTE

The Bill amends the Labour Relations Act, 1995 to end bargaining rights recognized and conferred by certain working agreements entered into before May 1, 1979 between an employer and a council of trade unions. Those bargaining rights were conferred on the trade unions affiliated with the council that was a party to each agreement and related to the construction industry with respect to a geographic area of Ontario set out in each agreement.