Labour Relations Act, R.S.O. 1990, c. L.2

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Labour Relations Act

R.S.O. 1990, CHAPTER L.2

Note: This Act was repealed on November 10, 1995. See: 1995, c. 1, s. 1 (2).

Amended by: 1991, c. 56; 1992, c. 21, ss. 2-57; 1993, c. 27, Sched.; 1993, c. 36; 1993, c. 38, s. 67; 1994, c. 6, s. 27; 1995, c. 1, s. 1 (2).

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”)

“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”)

“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 between employees 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); 1992, c.21, s.2(1); 1993, c.27, Sched.

Idem

(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. R.S.O. 1990, c.L.2, s.1(2).

Exclusion re employee

(3) For the purposes of this Act, no person shall be deemed to be an employee who, in the opinion of the Board, exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations. 1992, c.21, s.2(2).

Voluntary recognition

(3.1) For the purposes of this Act, voluntary recognition of a trade union is considered to occur when an employer and the 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.

Idem

(3.2) For the purposes of this Act, the date on which voluntary recognition is considered to occur is the date on which the employer and the trade union sign the agreement described in subsection (3.1). 1992, c.21, s.2(3).

Related activities or businesses

(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(4,5).

Application and Purposes of the Act

Application of Act

2. (1) This Act does not apply,

. . . . .

(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 physician to whom the Ontario Medical Association Dues Act, 1991 applies or to an intern or a resident described in subsection 1(2) of that Act;

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

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

(j) to a provincial judge;

(k) to a person employed as a labour mediator or labour conciliator;

(l) to a person employed in a minister’s office in a position confidential to a minister of the Crown; or

(m) to a person who regularly provides advice to Cabinet, a minister of the Crown or a deputy minister on 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. R.S.O. 1990, c.L.2, s.2; 1992, c.21, s.4(1-3); 1993, c.38, s.67(1); 1994, c.6, s.27(1).

(2) REPEALED: 1994, c.6, s.27(2).

Application of Act to Crown employees modified

2.0.1 (1) The modifications described in the Crown Employees Collective Bargaining Act, 1993 apply for the application of this Act with respect to Crown employees as defined in the Crown Employees Collective Bargaining Act, 1993.

Same

(2) Despite clauses 2(1)(b) and (c), this Act applies to Crown employees who are persons described in those clauses. 1993, c.38, s.67(2), part.

Crown bound

2.0.2 This Act binds the Crown. 1993, c.38, s.67(2), part.

Purposes

2.1 The following are the purposes of this Act:

1. To ensure that workers can freely exercise the right to organize by protecting the right of employees to choose, join and be represented by a trade union of their choice and to participate in the lawful activities of the trade union.

2. To encourage the process of collective bargaining so as to enhance,

i. the ability of employees to negotiate terms and conditions of employment with their employer,

ii. the extension of co-operative approaches between employers and trade unions in adapting to changes in the economy, developing work force skills and promoting workplace productivity, and

iii. increased employee participation in the workplace.

3. To promote harmonious labour relations, industrial stability and the ongoing settlement of differences between employers and trade unions.

4. To provide for effective, fair and expeditious methods of dispute resolution. 1992, c.21, s.5, part.

Freedoms

Membership in trade union

3. 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

4. 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

5. (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, subject to section 62, apply at any time to the Board for certification as bargaining agent of the employees in the unit.

Idem

(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, subject to section 62, 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(1,2).

Idem

(3) If the parties have not entered into a collective agreement after voluntary recognition of the trade union has occurred and the Board has not made a declaration under section 61, another trade union may, subject to section 62, 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 on which voluntary recognition occurred. 1992, c.21, s.6.

Idem

(4) Where a collective agreement is for a term of not more than three years, a trade union may, subject to section 62, 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.

Idem

(5) Where a collective agreement is for a term of more than three years, a trade union may, subject to section 62, 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 thirty-fifth month of its operation and before the commencement of the thirty-seventh 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.

Idem

(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, subject to section 62, 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(4-6).

Board to determine appropriateness of units

6. (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 composition of the bargaining unit. R.S.O. 1990, c.L.2, s.6(1,2).

Full-time and part-time employees

(2.1) A bargaining unit consisting of full-time employees and part-time employees shall be deemed by the Board to be a unit of employees appropriate for collective bargaining.

Separate full-time and part-time units

(2.2) Despite subsection (2.1), the Board shall determine that separate bargaining units for full-time and for part-time employees are appropriate if it is satisfied that less than 55 per cent of the employees in a single unit of full-time and part-time employees are members of the trade union on the date the union applies for certification or have applied to become members on or before that date. However, the Board may determine that one bargaining unit consisting of both full-time and part-time employees is appropriate if establishing two units would result in a unit consisting of only one employee.

Non-application

(2.3) Subsections (2.1) and (2.2) do not apply with respect to bargaining units of employees described in subsection (3) or bargaining units in the construction industry.

Combining full-time and part-time units

(2.4) On an application for certification to which subsection (2.2) applies, the Board shall combine the bargaining units for full-time and for part-time employees into one bargaining unit if it is satisfied that the trade union could otherwise be certified as the bargaining agent for the employees in each of the bargaining units separately.

Existing bargaining unit

(2.5) Despite subsections (2.1) and (2.2), the Board may determine that separate bargaining units for full-time and for part-time employees are appropriate if the trade union applying for certification or another trade union is the bargaining agent for either the full-time or the part-time employees. 1992, c.21, s.7(1).

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. R.S.O. 1990, c.L.2, s.6(3).

Members of professions

(4) Subsections (4.1) and (4.2) apply with respect to employees 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. Engineering.

4. Land Surveying.

5. Law.

Idem, bargaining unit

(4.1) A bargaining unit consisting solely of employees who are members of the same profession shall be deemed by the Board to be a unit of employees appropriate for collective bargaining.

Idem

(4.2) Despite subsection (4.1), the Board may include the employees described in subsection (4.1) in a bargaining unit with other employees if the Board is satisfied that a majority of the employees described in subsection (4.1) wish to be included in the bargaining unit. 1992, c.21, s.7(2).

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(5).

Security guards

(6) A bargaining unit consisting solely of guards who monitor other employees shall be deemed by the Board to be a unit of employees appropriate for collective bargaining,

(a) if the applicant trade union or the employer requests that the Board do so; and

(b) if the Board is satisfied that the monitoring of other employees would give rise to a conflict of interest if the guards were included in a bargaining unit with the employees they monitor.

Idem

(7) The Board may include other guards in the bargaining unit described in subsection (6). 1992, c.21, s.7(3).

Combining bargaining units

7. (1) On application by the employer or trade union, the Board may combine two or more bargaining units consisting of employees of an employer into a single bargaining unit if the employees in each of the bargaining units are represented by the same trade union.

Idem, application for certification

(2) On an application under subsection (1) that is considered together with an application for certification, the Board may do the following:

1. Combine the bargaining unit to which the certification application relates with one or more existing bargaining units if the certification application is made by the trade union that represents the employees in those existing bargaining units.

2. Combine the bargaining unit to which the certification application relates with other proposed bargaining units if the certification application is made by the trade union applying for certification for the other proposed bargaining units.

3. Combine the bargaining unit to which the certification application relates with both existing and proposed bargaining units if the certification application is made by the trade union that represents the employees in those existing bargaining units and that has applied for certification for the other proposed bargaining units.

Factors to consider

(3) The Board may take into account such factors as it considers appropriate and shall consider the extent to which combining the bargaining units,

(a) would facilitate viable and stable collective bargaining;

(b) would reduce fragmentation of bargaining units; or

(c) would cause serious labour relations problems.

Manufacturing operations

(4) In the case of manufacturing operations, the Board shall not combine bargaining units of employees at two or more geographically separate places of operations if the Board considers that a combined bargaining unit is inappropriate because the employer has established that combining the units will interfere unduly with,

(a) the employer’s ability to continue significantly different methods of operation or production at each of those places; or

(b) the employer’s ability to continue to operate those places as viable and independent businesses.

Amendments

(5) In combining bargaining units, the Board may amend any certificate or any provision of a collective agreement and may make such other orders as it considers appropriate in the circumstances.

Non-application

(6) This section does not apply with respect to bargaining units in the construction industry. 1992, c.21, s.8, part.

Membership in the trade union

8. (1) Upon an application for certification, the Board shall ascertain,

(a) the number of employees in the bargaining unit on the certification application date; and

(b) the number of those employees who are members of the trade union on that date or who have applied to become members on or before that date.

Representation vote

(2) The Board shall direct that a representation vote be taken if it is satisfied that at least 40 per cent and not more than 55 per cent of the employees in the bargaining unit are members of the trade union on the certification application date or have applied to become members on or before that date.

Same

(3) The Board may direct that a representation vote be taken if it is satisfied that more than 55 per cent of the employees in the bargaining unit are members of the trade union on the certification application date or have applied to become members on or before that date.

Evidence

(4) The Board shall not consider the following evidence if it is filed or presented after the certification application date:

1. Evidence that an employee is a member of a trade union, has applied to become a member or has otherwise expressed a desire to be represented by a trade union.

2. Evidence that an employee who had become or had applied to become a member of a trade union has cancelled, revoked or resigned his or her membership or application for membership or has otherwise expressed a desire not to be represented by a trade union.

3. Evidence that an employee who had become or had applied to become a member of a trade union has done anything described in paragraph 2 but has subsequently changed his or her mind by becoming a member again, by reapplying for membership or by otherwise expressing a desire to be represented by a trade union.

Evidence to be in writing, etc.

(5) The Board shall not consider evidence of a matter described in paragraph 1, 2 or 3 of subsection (4) that is filed on or before the certification application date unless it is in writing and signed by each employee concerned.

Same

(6) The Board may consider evidence of a matter described in paragraph 2 or 3 of subsection (4) but only for the purpose of deciding whether to make a direction under subsection (3) and only if the evidence is filed or presented on or before the certification application date and is in writing and signed by each employee concerned.

Same

(7) Subsections (4) and (5) do not prevent the Board from,

(a) considering whether, on or before the certification application date, section 65, 67 or 71 has been contravened or there has been fraud or misrepresentation;

(b) requiring that evidence of a matter described in paragraph 2 or 3 of subsection (4) that is filed or presented on or before the certification application date and is in writing and signed by each employee concerned be proven to be a voluntary expression of the wishes of the employee; or

(c) considering, in relation to evidence of a matter described in paragraph 1, 2 or 3 of subsection (4) that is filed or presented on or before the certification application date and is in writing and signed by each employee concerned, further evidence identifying or substantiating that evidence. 1992, c.21, s.8, part.

Pre-hearing votes

9. (1) Upon an application for certification, the trade union may request that a pre-hearing representation vote be taken. R.S.O. 1990, c.L.2, s.9(1); 1993, c.27, Sched.

Voting constituency

(2) Upon such a request being made, the Board may determine a voting constituency and, if it appears to the Board on an examination of the records of the trade union and the records of the employer that not less than 35 per cent of the employees in the voting constituency were members of the trade union at the time the application was made, the Board may direct that a representation vote be taken among the employees in the voting constituency. R.S.O. 1990, c.L.2, s.9(2); 1993, c.27, Sched.

Sealing of ballot box

(3) The Board may direct that the ballot box containing the ballots cast in a representation vote taken under subsection (2) shall be sealed and that the ballots shall not be counted until the parties have been given full opportunity to present their evidence and make their submissions. R.S.O. 1990, c.L.2, s.9(3).

Effect of pre-hearing vote

(4) After a representation vote has been taken under subsection (2), the Board shall determine the unit of employees that is appropriate for collective bargaining and, if it is satisfied that not less than 35 per cent of the employees in the bargaining unit were members of the trade union at the time the application was made, the representation vote taken under subsection (2) has the same effect as a representation vote taken under section 8. R.S.O. 1990, c.L.2, s.9(4); 1992, c.21, s.9.

Certification of trade union

9.1 (1) If a representation vote is taken, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast are cast in favour of the trade union.

Idem, no vote

(2) If no representation vote is taken, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit if it is satisfied that more than 55 per cent of the employees are members of the trade union on the certification application date or have applied to become members on or before that date. 1992, c.21, s.10, part.

Certification when Act contravened

9.2 If the Board considers that the true wishes of the employees of an employer or of a member of an employers’ organization respecting representation by a trade union are not likely to be ascertained because the employer, employers’ organization or a person acting on behalf of either has contravened this Act, the Board may, on the application of the trade union, certify the trade union as the bargaining agent of the employees in the bargaining unit. 1992, c.21, s.10, part.

Certification of councils of trade unions

10. (1) Sections 5 to 13 and 119 and 121 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 8, 9 and 9.1, a person who is a member of any constituent trade union of a council or who has applied to become a member of one shall be deemed by the Board to be a member of the council or to have applied to become a member of it. 1992, c.21, s.11.

Right of access

11. 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.

Application

11.1 (1) This section applies with respect to premises to which the public normally has access and from which a person occupying the premises would have a right to remove individuals.

Right of access re organizing

(2) Employees and persons acting on behalf of a trade union have the right to be present on premises described in subsection (1) for the purpose of attempting to persuade employees to join a trade union. Attempts to persuade the employees may be made only at or near but outside the entrances and exits to the employees’ workplace.

Right of access re picketing

(3) During a lock-out or lawful strike, individuals have the right to be present on premises described in subsection (1) for the purpose of picketing, in connection with the lock-out or strike, the operations of an employer or a person acting on behalf of an employer. The picketing may occur only at or near but outside the entrances and exits to the operations.

Prohibition

(4) No person shall interfere with the exercise of a right described in subsection (2) or (3).

Restrictions on rights of access

(5) On application, the Board may impose such restrictions on the exercise of a right described in subsection (2) or (3) as it considers appropriate in order to prevent the undue disruption of the operations of the applicant.

Jurisdiction

(6) An application respecting the exercise or alleged exercise of a right described in subsection (2) or (3) may be made only to the Board and no action or proceeding otherwise lies at law.

Filing in court

(7) A party to an order made under subsection (5) may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such.

Conflict

(8) In the event of a conflict between a right described in subsection (2) or (3) and other rights established at common law or under the Trespass to Property Act, the right described in those subsections prevails. 1992, c.21, s.12.

12. REPEALED: 1992, c.21, s.13.

What unions not to be certified

13. 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 Agreements

Notice of desire to bargain

14. Following certification or voluntary recognition, the trade union shall give the employer written notice of its desire to bargain with a view to making a collective agreement. 1992, c.21, s.15.

Obligation to bargain

15. The parties shall meet within fifteen 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

16. (1) Where notice has been given under section 14 or 54, the Minister, upon the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.

Idem, where no notice given

(2) Despite the failure of a trade union to give written notice under section 14 or the failure of either party to give written notice under sections 54 and 124, 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. R.S.O. 1990, c.L.2, s.16(1,2).

Idem, voluntary recognition

(3) Upon the request of either party following voluntary recognition, the Minister may appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 1992, c.21, s.16.

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 fifteen 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 17 to 34 and 74 to 81 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(4).

Appointment of mediator

17. (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.

Idem

(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

18. (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 fourteen days from his or her appointment, report the result of his or her endeavour to the 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

19. If the conciliation officer is unable to effect a collective agreement within the time allowed under section 18,

(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

20. 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

21. (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

22. (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

23. 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

24. 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 20 of the Labour Relations Act 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

25. 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

26. (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

27. 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 he 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

28. 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

29. 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

30. 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.

Powers

31. 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 admit and act upon such oral or written evidence as it 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; 1992, c.21, s.17.

When report to be made

32. (1) A conciliation board shall report its findings and recommendations to the Minister within thirty 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 thirty 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

33. (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 31.

Sections 28 and 32 apply

(3) Sections 28 and 32 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

34. 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

35. (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

36. (1) Where, at any time during the operation of a collective 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 thirty 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

37. (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

38. (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 14 or 54, 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 45(6), (6.1), (6.2), (7), (8.1) and (10) to (12) 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); 1992, c.21, s.18; 1993, c.38, s.67(3).

Effect of agreement

(3) For the purposes of section 62 and section 125, 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

39. 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

40. (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 contract arbitration

41. (1) A first collective agreement shall be settled by arbitration in accordance with this section,

(a) if a party to the negotiations requests first agreement arbitration in the circumstances described in subsection (1.2); or

(b) if the Board makes a direction to that effect on an application under subsection (1.3).

Initiation

(1.1) For the purposes of this section, first agreement arbitration is considered to have been initiated on the date on which a request described in clause (1)(a) is made or on the date on which a direction described in clause (1)(b) is made.

Arbitration on request

(1.2) A party may make a request to the Minister for first agreement arbitration,

(a) if thirty days have elapsed since the day on which it became lawful for the employees to strike and the employer to lock out employees; and

(b) if no collective agreement has been entered into.

Arbitration on application to the Board

(1.3) A party may apply to the Board for first agreement arbitration,

(a) if 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; and

(b) if the parties are unable to effect a first collective agreement.

Proposed collective agreement

(1.4) The party seeking first agreement arbitration shall include with the request or application a copy of a proposed collective agreement which the party is prepared to execute and shall provide a copy of it to the other party to the negotiations.

Idem

(1.5) Within ten days after receiving the copy of the proposed collective agreement, the other party to the negotiations shall file with the Minister or the Board, as the case may be, a copy of a proposed collective agreement which that party is prepared to execute. 1992, c.21, s.19(1).

Duty of Board

(2) The Board shall consider and make its decision on an application under subsection (1.3) within thirty days of receiving the application and it shall direct the settlement of a first collective agreement by arbitration where, irrespective of whether section 15 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;

(c) the failure of the respondent to make reasonable or expeditious efforts to conclude a collective agreement; or

(d) any other reason the Board considers relevant. R.S.O. 1990, c.L.2, s.41(2); 1992, c.21, s.19(2).

Board of arbitration

(3) If first agreement arbitration is initiated, a board of arbitration composed of three members shall settle the first collective agreement between the parties.

Final offer selection

(3.1) The parties may agree that the board of arbitration shall settle the first collective agreement by final offer selection.

Appointments to board

(4) Each party shall appoint one member of the board of arbitration within ten days after first agreement arbitration is initiated and shall inform the other party of its appointee.

Idem

(5) Within five days after the second of the members is appointed to the board of arbitration, the two appointees shall appoint a third member of the board who shall act as its chair. 1992, c.21, s.19(3).

Idem

(6) If a party fails to make an appointment as required by subsection (4) or if the 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. R.S.O. 1990, c.L.2, s.41(6); 1992, c.21, s.19(4).

Idem

(7) 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 110 applies to the board of arbitration, its decision and proceedings as if it were the Board.

Idem

(8) 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. R.S.O. 1990, c.L.2, s.41(7,8).

Idem

(9) Subsections 6(8), (9), (10), (12), (13), (14), (17) and (18) of the Hospital Labour Disputes Arbitration Act and subsections 45(8.1) and (10) of this Act apply with necessary modifications to a board of arbitration established under this section. R.S.O. 1990, c.L.2, s.41(9); 1992, c.21, s.19(5).

Idem

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

Idem

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

Mediation

(12) 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(10-12).

No strike or lock-out

(13) If first agreement arbitration is initiated, the employees in the bargaining unit shall not strike and the employer shall not lock out the employees.

Termination of strike

(13.1) If first agreement arbitration is initiated during a strike or lock-out, the employees shall forthwith terminate the strike and the employer shall forthwith terminate the lock-out.

Reinstatement

(13.2) Upon the termination of a strike or lock-out, the employer shall forthwith reinstate the employees in the bargaining unit in the employment they had at the time the strike or lock-out began,

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

(b) if there is no agreement respecting reinstatement, 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 began, except as the Board may order for the purpose of allowing the employer to start up operations. 1992, c.21, s.19(6).

Non-application

(14) The requirement to reinstate employees applies despite the fact that replacement employees may be performing the work of employees in the bargaining unit, but subsection (13.1) 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); 1992, c.21, s.19(7).

Working conditions

(15) If first agreement arbitration is initiated, 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 14 shall continue in effect or, if altered before first agreement arbitration was initiated, be restored and continued in effect until the first collective agreement is settled unless the parties otherwise agree. 1992, c.21, s.19(8).

Non-application

(16) Subsection (15) 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

(17) 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

(18) 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 on which notice was given under section 14.

Extension of time

(19) 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

(20) 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 129 as a bargaining agent for employers; or

(b) where the agreement is a provincial agreement within the meaning of section 139.

Application

(21) 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 the 26th day of May, 1986, and the bargaining rights have been acquired since the 1st day of January, 1984 and continue to exist at the time of an application under subsection (1). R.S.O. 1990, c.L.2, s.41(16-21).

Application for termination, etc.

(22) Despite subsection (2), where an application under subsection (1.3) 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. R.S.O. 1990, c.L.2, s.41(22); 1992, c.21, s.19(9).

Idem

(23) An application for a declaration that a trade union no longer represents the employees in the bargaining unit is of no effect if it is filed with the Board after first agreement arbitration is initiated unless it is brought after the first collective agreement is settled and it is brought in accordance with subsection 58(2).

Idem

(24) An application for certification by another trade union as bargaining agent for employees in the bargaining unit is of no effect if it is filed with the Board after first agreement arbitration is initiated unless it is brought after the first collective agreement is settled and it is brought in accordance with subsections 5(4), (5) and (6). 1992, c.21, s.19(10).

Procedure

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

Application

41.1 (1) This section applies in each of the following circumstances:

1. If the employer is required to give notice of termination in accordance with subsection 57(2) of the Employment Standards Act (termination of fifty or more employees) to employees who are represented by a bargaining agent.

2. If any employees are to have their employment terminated because of the permanent discontinuance of all or part of the business in respect of which a trade union holds bargaining rights.

3. In such other circumstances as the Lieutenant Governor in Council may prescribe.

Notice to trade union

(2) The employer shall notify the trade union that a circumstance described in subsection (1) exists not later than the first date on which the employer is required to give any affected employee in the bargaining unit a notice of termination under section 57 of the Employment Standards Act.

Duty to bargain for adjustment plan

(3) Upon the request of the trade union, the employer and the trade union shall bargain in good faith and make every reasonable effort to make an adjustment plan.

Commencement of bargaining

(4) The employer and the trade union shall meet for the purpose of bargaining within seven days after the trade union makes the request.

Contents of the plan

(5) An adjustment plan may include provisions respecting any of the following:

1. Consideration of alternatives to terminating employees’ employment.

2. Human resource planning and employee counselling and retraining.

3. Notice of termination.

4. Severance pay and termination pay.

5. Entitlement to pension and other benefits including early retirement benefits.

6. A bipartite process for overseeing the implementation of the adjustment plan.

7. Such other matters as the parties may agree upon.

Enforcement

(6) An adjustment plan is enforceable as if it were part of the collective agreement, if any, between the employer and the trade union.

Idem

(7) If there is no collective agreement in effect, the employer or the trade union may request that the Minister refer to a single arbitrator under subsection 46(1) a difference related to the interpretation, application or administration of an adjustment plan. 1992, c.21, s.20.

Contents of Collective Agreements

Recognition provision

42. (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

43. 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.

Just cause provision

43.1 (1) Every collective agreement shall be deemed to provide that no employee shall be discharged or disciplined without just cause.

Idem

(2) Despite subsection (1), the parties may agree to establish a probationary period for new employees and a lesser standard for discharging employees may apply during that period.

Continuation of provision

(3) The provisions in the previous collective agreement respecting just cause continue in effect from the day on which it becomes lawful for the employees to strike and the employer to lock out the employees until a new or renewed collective agreement is in operation or until the right of the trade union to represent the employees is terminated, whichever occurs first.

Arbitration of disputes

(4) A party may request that the Minister refer to a single arbitrator under subsection 46(1) a difference relating to the just cause provisions of the collective agreement as they are continued under subsection (3).

Limitation

(5) The request for appointment of an arbitrator must be made within thirty days after the discharge or the imposition of the disciplinary measure to which the dispute relates.

Extension of time

(6) The arbitrator may extend the time for making a request under subsection (5), despite the expiration of the time, if he or she is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

Application

(7) Subsections 46(4) to (11) apply with respect to the arbitration. 1992, c.21, s.21.

Deduction and remittance of union dues

44. (1) Except in the construction industry and subject to section 48, where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included 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.

Consultation provision

44.1 (1) A collective agreement must contain a consultation provision if a party makes a written request for one after the notice of desire to bargain is given or after the parties begin bargaining.

Idem

(2) The consultation provision contained in the collective agreement must provide that the parties consult regularly during the term of the agreement about issues relating to the workplace which affect the parties or any employee bound by the agreement.

Deemed provision

(3) If the collective agreement does not contain the provision described in subsection (2), it shall be deemed to contain a provision to the following effect:

On the request of either party, the parties shall meet at least once every two months until this agreement is terminated for the purpose of discussing issues relating to the workplace which affect the parties or any employee bound by this agreement. 1992, c.21, s.22.

Arbitration provision

45. (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).

Idem

(2) A collective agreement that does not contain an arbitration provision described in subsection (1) is deemed to contain the following:

This provision applies if a difference arises between the parties relating to the interpretation, application or administration of this agreement, including a question as to whether a matter is arbitrable. This provision also applies in case of an allegation that this agreement has been violated. After exhausting any grievance procedure established by this agreement, either party may give written notice to the other that it wishes to submit the difference or allegation to arbitration. The parties shall then appoint a person to act as arbitrator. If they are unable to agree upon the appointment of an arbitrator within ten days after the notice is given, the arbitrator shall be appointed by the Minister of Labour for Ontario at the request of either party. The arbitrator shall hear and determine the difference or allegation and shall issue a decision. The arbitrator’s decision is final and binding upon the parties and upon any employee or employer affected by it.

1992, c.21, s.23(1).

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. R.S.O. 1990, c.L.2, s.45(3,4).

Appointment of settlement officer

(4.1) On the request of either party, the Minister shall appoint a settlement officer to endeavour to effect a settlement before the arbitrator or arbitration board appointed under subsection (4) begins to hear the arbitration. However, no appointment shall be made if the other party objects. 1992, c.21, s.23(2).

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(5).

Time for decision

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

Idem, arbitration board

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

Idem

(6.2) The time described in subsection (6) or (6.1) 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

(6.3) An arbitrator or arbitration board may give an oral decision and, if he, she or it does so, subsection (6) or (6.1) 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

(c) shall give written reasons for the decision within a reasonable period of time upon the request of either party.

Orders re decisions

(7) If the arbitrator or arbitration board does not give a decision within the time described in subsection (6) or (6.1) or does not provide written reasons within the time described in subsection (6.3), 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.

Jurisdiction and powers

(8) An arbitrator or arbitration board shall make a final and conclusive settlement of the differences between the parties and, for that purpose, has the following powers:

1. To determine the nature of the differences in order to address their real substance.

2. To determine all questions of fact or law that arise.

3. To interpret and apply the requirements of human rights and other employment-related statutes, despite any conflict between those requirements and the terms of the collective agreement.

4. To grant such interim orders, including interim relief, as the arbitrator or arbitration board considers appropriate.

5. To enforce a written settlement of a grievance.

Powers re procedure

(8.1) An arbitrator or board of arbitration has the following powers:

1. To require any party to furnish particulars before or during a hearing.

2. 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.

3. 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 arbitration board and inspect or view any work, material, machinery, appliance or article at the premises and interrogate any person about any of the differences or about any work or thing.

4. To authorize any person to do anything that the arbitrator or arbitration board may do under paragraph 3 and to report to him, her or it about it.

5. To make such orders or give such directions in proceedings as he, she or it considers appropriate to expedite the proceedings or to prevent the abuse of the arbitration process.

6. To mediate the differences between the parties at any stage in the proceedings with the consent of the parties. If mediation is not successful, the arbitrator or arbitration board retains the power to determine the difference by arbitration.

7. To fix dates for the commencement and continuation of hearings.

8. 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.

9. To administer oaths and affirmations.

10. To admit and act upon such oral or written evidence as he, she or it considers proper, whether admissible in a court of law or not.

11. To consider such submissions provided in such form or by such method as he, she or it considers appropriate. 1992, c.21, s.23(3), part.

Powers of a chair

(8.2) The chair of an arbitration board may exercise the powers described in paragraphs 1, 2, 7, 8, 9, 10 and 11 of subsection (8.1). 1992, c.21, s.23(3), part; 1993, c.38, s.67 (4).

Extension of time

(8.3) An arbitrator or arbitration board may extend the time for any step in the grievance or arbitration procedure under a collective agreement, despite the expiration of the time, if he, she or it is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

Substitution of penalty

(9) If an arbitrator or arbitration board determines that an employer has imposed a penalty on an employee for cause, the arbitrator or arbitration board may substitute such lesser penalty as he, she or it considers just and reasonable in all the circumstances. 1992, c.21, s.23(3), part.

Effect of arbitrator’s decision

(10) The decision of an arbitrator or of an arbitration board is 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

(11) 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

(12) The Arbitrations Act 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

46. (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 45, 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.

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 thirty 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.

Idem

(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 fourteen 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.

Idem

(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. R.S.O. 1990, c.L.2, s.46(1-5).

Appointment of settlement officer

(6) On the request of either party, the Minister shall appoint a settlement officer to endeavour to effect a settlement before the arbitrator or arbitration board appointed under subsection (4) begins to hear the arbitration. However, no appointment shall be made if the other party objects. 1992, c.21, s.24(1).

Powers and duties of arbitrator

(7) An arbitrator appointed under subsection (4) shall commence to hear the matter referred to him or her within twenty-one days after the receipt of the request by the Minister and the provisions of subsections 45(6) to (12) 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); 1992, c.21, s.24(2).

(8) REPEALED: 1992, c.21, s.24(3).

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.

Application

(11) This section does not apply to a collective agreement in operation on the 1st day of September, 1979, but applies to every collective agreement that is renewed or made after that date. R.S.O. 1990, c.L.2, s.46(9-11).

Consensual mediation-arbitration

46.1 (1) Despite any grievance or arbitration provision in a collective agreement or deemed to be included in the collective agreement under section 45, 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 appointed by the Minister shall begin proceedings within thirty days after being appointed.

Idem

(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 the parties to agree upon the material facts in dispute and then shall determine the grievance by arbitration.

Idem

(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 45(8) to (11) apply with respect to a mediator-arbitrator and a settlement, determination or decision under this section. 1992, c.21, s.25.

Permissive provisions

47. (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 to 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 or withheld from the employee,

for the reason that the employee,

(c) was or is a member of another trade union;

(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 by such 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.

Idem

(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 64, 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

48. (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 47(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

Deemed no collective agreement

49. An agreement between an employer or employers’ organization and a trade union is 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

(b) if an employer or employers’ organization contributed financial or other support to the trade union. 1992, c.21, s.26, part.

Discrimination prohibited

49.1 A collective agreement must not discriminate against any person if the discrimination is contrary to the Human Rights Code or the Canadian Charter of Rights and Freedoms. 1992, c.21, s.26, part.

More than one collective agreement prohibited

50. 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

51. 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

52. (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 bargained with 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

53. (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 thirty 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.

Idem

(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 the agreement 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

54. (1) Either party to a collective agreement may, within the period of ninety 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.

Idem

(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.

Idem

(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.15-34

55. Sections 15 to 34 apply to the bargaining that follows the giving of a notice under section 54. R.S.O. 1990, c.L.2, s.55.

Dissolution of councils of certified trade unions

56. (1) Where a certified council of trade unions is a party to 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 ninety days before the collective agreement ceases to operate; and

(b) until the collective agreement ceases to operate.

Idem

(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 ninetieth 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

57. (1) If the trade union that applies for certification under subsection 5(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.

Idem

(2) If the trade union that applies for certification under subsection 5(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

58. (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 the certificate may, subject to section 62, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.

Idem, agreement

(2) Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 62, 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 thirty-fifth month of its operation and before the commencement of the thirty-seventh 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(1,2).

Representation vote

(3) Upon an application under subsection (1) or (2), the Board shall ascertain the number of employees in the bargaining unit at the time the application was made and whether not less than 45 per cent of the employees in the bargaining unit have voluntarily signified in writing at the time that is determined under clause 105(2)(j.1) that they no longer wish to be represented by the trade union, and, if not less than 45 per cent have so signified, the Board shall, by a representation vote, satisfy itself that a majority of the employees desire that the right of the trade union to bargain on their behalf be terminated. R.S.O. 1990, c.L.2, s.58(3); 1992, c.21, s.27.

Declaration of termination following vote

(4) 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.

Declaration of termination of abandonment

(5) 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

(6) Upon the Board making a declaration under subsection (4) or (5), 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(4-6).

Where certificate obtained by fraud

59. 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.

Termination, for failure to give notice

60. (1) If a trade union fails to give the employer notice under section 14 within sixty days following certification or if it fails to give notice under section 54 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.

for failure to bargain

(2) Where a trade union that has given notice under section 14 or section 54 or that has received notice under section 54 fails to commence to bargain within sixty 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 sixty 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

61. (1) On application by an employee in the bargaining unit or a trade union representing an employee in the bargaining unit, the Board may declare that a trade union that was voluntarily recognized as bargaining agent for the employees in the bargaining unit was not entitled to represent them on the date on which voluntary recognition occurred.

Idem

(1.1) The application may be made during the first year of the period of time that the first collective agreement between the employer and the trade union is in operation or, if no collective agreement has been entered into, within one year after the date on which the voluntary recognition occurs. 1992, c.21, s.28.

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

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

(b) thirty 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.

Idem

(2) Where notice has been given under section 54 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 operate 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 twelve 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 thirty days have elapsed after the report of the conciliation board or the mediator has been released by the Minister to the parties; or

(c) thirty days have elapsed after the Minister has informed the parties that he or she does not consider it desirable 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 14 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 5(3). R.S.O. 1990, c.L.2, s.62.

Successor Rights

Declaration of successor union

63. (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).

Idem

(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.

Idem

(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 re sale of a business

64. (1) In this section,

“business” includes one or more parts of a business; (“entreprise”)

“predecessor employer” means an employer who sells his, her or its business; (“employeur précédent”)

“sells” includes leases, transfers and any other manner of disposition; (“vend”)

“successor employer” means an employer to whom the predecessor employer sells the business. (“employeur qui succède”)

Application

(1.1) This section applies when a predecessor employer sells a business to a successor employer.

Successor employer bound

(2) If the predecessor employer is bound by a collective agreement, the successor employer is bound by it as if the successor employer were the predecessor employer, until the Board declares otherwise. 1992, c.21, s.29(1), part.

Idem, in proceedings

(2.1) If the predecessor employer is a party to any of the following proceedings, the successor employer is a party to the proceeding as if the successor employer were the predecessor employer, until the Board declares otherwise:

1. A proceeding before the Board under any Act.

2. A proceeding before another person or body under this Act, the Hospital Labour Disputes Arbitration Act, the Crown Employees Collective Bargaining Act, 1993 or the Agricultural Labour Relations Act, 1994.

3. A proceeding before the Board or another person or body relating to the collective agreement. 1992, c.21, s.29(1), part; 1994, c.6, s.27(3).

Idem, by notices

(2.2) If the predecessor employer has given or been given a notice relating to bargaining for a collective agreement or has requested the appointment of a conciliation officer or mediator, the successor employer is considered to have given or been given the notice or to have made the request, until the Board declares otherwise.

Trade union continues

(3) If, when the predecessor employer sells the business, a trade union is the bargaining agent for any employees of the predecessor employer, has applied to become their bargaining agent or is attempting to persuade the employees to join the trade union, the trade union continues in the same position in respect of the business as if the successor employer were the predecessor employer.

Disputes

(4) An interested person, trade union or council of trade unions may apply to the Board to determine,

(a) a question concerning the scope of bargaining rights of the trade union referred to in subsection (3); or

(b) a conflict in the bargaining rights of the trade union referred to in subsection (3) and another trade union representing employees of the successor employer.

Bargaining unit

(4.1) On an application under clause (4)(a), the Board may alter the composition of the bargaining unit for which the trade union referred to in subsection (3) holds bargaining rights.

Amended bargaining units

(4.2) On an application under clause (4)(b), the Board may alter the description of a bargaining unit in a certificate issued to any trade union or the definition of a bargaining unit in a collective agreement.

Termination of bargaining rights

(5) An interested person, trade union or council of trade unions may apply to the Board within sixty days after the predecessor employer sells the business for the termination of the bargaining rights of the trade union referred to in subsection (3).

Idem

(5.1) On an application under subsection (5), the Board may terminate the bargaining rights of the trade union only if it considers that the successor employer has changed the character of the business so that it is substantially different from the business of the predecessor employer.

Miscellaneous powers

(6) This subsection applies if the successor employer carries on one or more other businesses and the successor employer intermingles the employees of the business sold to him, her or it with those of another business. On application, the Board may,

(a) declare that the successor employer is no longer bound by the collective agreement to which the predecessor employer was bound;

(b) determine the unit or units of employees that are appropriate for collective bargaining;

(c) declare which trade union or council of trade unions, if any, becomes the bargaining agent for the employees in each of the bargaining units;

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

(e) define or redefine the seniority rights under any collective agreement of the employees concerned. 1992, c.21, s.29(1), part.

Notice to bargain

(7) Where a trade union or council of trade unions is declared to be the bargaining agent under clause (6)(c) 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(7); 1992, c.21, s.29(2).

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. R.S.O. 1990, c.L.2, s.64(9).

Effect of declaration

(10) A declaration under subsection (6) has the same effect as a certification under section 9.1, for the purposes of sections 5 (application for certification), 58 (application for termination), 60 (termination of bargaining rights), 62 (application for certification or termination) and 125 (application for termination). 1992, c.21, s.29(3).

Successor municipalities

(11) Where one or more municipalities as defined in the Municipal Affairs Act is erected into another municipality, or two 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(11-13).

Federal-to-provincial sale

64.1 (1) Section 64 applies with respect to the sale of a business when,

(a) before the sale, collective bargaining relating to the business by the predecessor employer is governed by the laws of Canada; and

(b) after the sale, collective bargaining relating to the business by the successor employer is governed by the laws of the Province of Ontario.

Non-application

(2) Paragraphs 1 and 2 of subsection 64(2.1) and subsection 64(2.2) do not apply with respect to the sale of a business described in subsection (1).

Board powers

(3) In determining applications under section 64 concerning the sale of a business described in subsection (1), the Board may make such additional orders as it considers appropriate in the circumstances. 1992, c.21, s.30.

Application

64.2 (1) This section applies with respect to services provided directly or indirectly by or to a building owner or manager that are related to servicing the premises, including building cleaning services, food services and security services.

Exclusions

(2) This section does not apply with respect to the following services:

1. Construction.

2. Maintenance other than maintenance activities related to cleaning the premises.

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

Services under contract

(3) For the purposes of section 64, the sale of a business is deemed to have occurred,

(a) if employees perform services at premises that are their principal place of work;

(b) if their employer ceases, in whole or in part, to provide the services at those premises; and

(c) if substantially similar services are subsequently provided at the premises under the direction of another employer.

Interpretation

(4) For the purposes of section 64, the employer referred to in clause (3)(b) is considered to be the predecessor employer and the employer referred to in clause (3)(c) is considered to be the successor employer.

Commencement

(5) This section shall be deemed to have come into force on the 4th day of June, 1992. 1992, c.21, s.31.

Unfair Practices

Employers, etc., not to interfere with unions

65. 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

66. 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 contribute financial or other support to an employers’ organization. R.S.O. 1990, c.L.2, s.66.

Employers not to interfere with employees’ rights

67. 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.

Employers not to interfere with bargaining rights

68. (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.

69. A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, 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

70. 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

71. 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

72. 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

73. (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, or during, a lawful strike or lock-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.

Definitions

73.1 (1) In this section,

“employer” means the employer whose employees are locked out or are on strike and includes an employers’ organization or person acting on behalf of either of them; (“employeur”)

“person” includes,

(a) a person who exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations, and

(b) an independent contractor; (“personne”)

“place of operations in respect of which the strike or lock-out is taking place” includes any place where employees in the bargaining unit who are on strike or who are locked-out would ordinarily perform their work. (“lieu d’exploitation à l’égard duquel la grève ou le lock-out a lieu”)

Application

(2) This section applies during any lock-out of employees by an employer or during a lawful strike that is authorized in the following way:

1. A strike vote was taken after the notice of desire to bargain was given or bargaining had begun, whichever occurred first.

2. The strike vote was conducted in accordance with subsections 74(4) to (6).

3. At least 60 per cent of those voting authorized the strike.

Interpretation

(3) For the purposes of this section and section 73.2, a bargaining unit is considered to be,

(a) locked-out if any employees in the bargaining unit are locked-out; and

(b) on strike if any employees in the bargaining unit are on strike and the union has given the employer notice in writing that the bargaining unit is on strike.

Use of bargaining unit employees

(4) The employer shall not use the services of an employee in the bargaining unit that is on strike or is locked out.

Use of newly-hired employees, etc.

(5) The employer shall not use a person described in paragraph 1 at any place of operations operated by the employer to perform the work described in paragraph 2 or 3:

1. A person, whether the person is paid or not, who is hired or engaged by the employer after the earlier of the date on which the notice of desire to bargain is given and the date on which bargaining begins.

2. The work of an employee in the bargaining unit that is on strike or is locked out.

3. The work ordinarily done by a person who is performing the work of an employee described in paragraph 2.

Use of others at the strike, etc., location

(6) The employer shall not use any of the following persons to perform the work described in paragraph 2 or 3 of subsection (5) at a place of operations in respect of which the strike or lock-out is taking place:

1. An employee or other person, whether paid or not, who ordinarily works at another of the employer’s places of operations, other than a person who exercises managerial functions.

2. A person who exercises managerial functions, whether paid or not, who ordinarily works at a place of operations other than a place of operations in respect of which the strike or lock-out is taking place.

3. An employee or other person, whether paid or not, who is transferred to a place of operations in respect of which the strike or lock-out is taking place, if he or she was transferred after the earlier of the date on which the notice of desire to bargain is given and the date on which bargaining begins.

4. A person, whether paid or not, other than an employee of the employer or a person described in subsection 1(3).

5. A person, whether paid or not, who is employed, engaged or supplied to the employer by another person or employer.

Prohibition re replacement work

(7) The employer shall not require an employee who works at a place of operations in respect of which the strike or lock-out is taking place to perform any work of an employee in the bargaining unit that is on strike or is locked out without the agreement of the employee.

No reprisals

(8) No employer shall,

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

(b) threaten to dismiss a person or otherwise threaten a person;

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

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

because of the person’s refusal to perform any or all of the work of an employee in the bargaining unit that is on strike or is locked out.

Burden of proof

(9) On an application or a complaint relating to this section, the burden of proof that an employer did not act contrary to this section lies upon the employer. 1992, c.21, s.32, part.

Definition

73.2 (1) In this section, “specified replacement worker” means a person who is described in subsection 73.1 (5) or (6) as one who must not be used to perform the work described in paragraphs 2 and 3 of subsection 73.1(5).

Permitted use of specified replacement workers

(2) Despite section 73.1, specified replacement workers may be used in the circumstances described in this section to perform the work of employees in the bargaining unit that is on strike or is locked out but only to the extent necessary to enable the employer to provide the following services:

1. Secure custody, open custody or the temporary detention of persons under a law of Canada or of the Province of Ontario or under a court order or warrant.

2. Residential care for persons with behavioural or emotional problems or with a physical, mental or developmental handicap.

3. Residential care for children who are in need of protection as described in subsection 37(2) of the Child and Family Services Act.

4. Services provided to persons described in paragraph 2 or 3 to assist them to live outside a residential care facility.

5. Emergency shelter or crisis intervention services to persons described in paragraph 2 or 3.

6. Emergency shelter or crisis intervention services to victims of violence.

7. Emergency services relating to the investigation of allegations that a child may be in need of protection as described in subsection 37(2) of the Child and Family Services Act.

8. Emergency dispatch communication services, ambulance services or a first aid clinic or station.

Idem

(3) Despite section 73.1, specified replacement workers may also be used in the circumstances described in this section to perform the work of employees in the bargaining unit that is on strike or is locked out but only to the extent necessary to enable the employer to prevent,

(a) danger to life, health or safety;

(b) the destruction or serious deterioration of machinery, equipment or premises; or

(c) serious environmental damage.

Notice to trade union

(4) An employer shall notify the trade union if the employer wishes to use the services of specified replacement workers to perform the work described in subsection (2) or (3) and shall give particulars of the type of work, level of service and number of specified replacement workers the employer wishes to use.

Time for giving notice

(5) The employer may notify the trade union at any time during bargaining but, in any event, shall do so promptly after a conciliation officer is appointed.

Idem, emergency

(6) In an emergency or in circumstances which could not reasonably have been foreseen, the employer shall notify the trade union as soon as possible after determining that he, she or it wishes to use the services of specified replacement workers.

Consent

(7) After receiving the employer’s notice, the trade union may consent to the use of bargaining unit employees instead of specified replacement workers to perform some or all of the proposed work and shall promptly notify the employer as to whether it gives its consent.

Use of bargaining unit employees

(8) The employer shall use bargaining unit employees to perform the proposed work to the extent that the trade union has given its consent and if the employees are willing and able to do so.

Working conditions

(9) Unless the parties agree otherwise, the terms and conditions of employment and any rights, privileges or duties of the employer, the trade union or the employees in effect before it became lawful for the trade union to strike or the employer to lock out continue to apply with respect to bargaining unit employees who perform work under subsection (8) while they perform the work.

Priority re replacement workers

(10) No employer, employers’ organization or person acting on behalf of either shall use a specified replacement worker to perform the work described in subsection (2) or (3) unless,

(a) the employer has notified the trade union that he, she or it wishes to do so;

(b) the employer has given the trade union reasonable opportunity to consent to the use of bargaining unit employees instead of the specified replacement worker to perform the proposed work; and

(c) the trade union has not given its consent to the use of bargaining unit employees.

Exception re emergency

(11) In an emergency, the employer may use a specified replacement worker to perform the work described in subsection (2) or (3) for the period of time required to give notice to the trade union and determine whether the trade union gives its consent to the use of bargaining unit employees.

Application for directions

(12) On application by the employer or trade union, the Board may,

(a) determine, during a strike or a lock-out, whether the circumstances described in subsection (2) or (3) exist and determine the manner and extent to which the employer may use specified replacement workers to perform the work described in those subsections;

(b) determine whether the circumstances described in subsection (2) or (3) would exist if a strike or lock-out were to occur and determine the manner and extent to which the employer may use specified replacement workers to perform the work described in those subsections;

(c) give such other directions as the Board considers appropriate.

Reconsideration

(13) On a further application by either party, the Board may modify any determination or direction in view of a change in circumstances.

Idem

(14) The Board may defer considering an application under subsection (12) or (13) until such time as it considers appropriate.

Burden of proof

(15) In an application or a complaint relating to this section, the burden of proof that the circumstances described in subsection (2) or (3) exist lies upon the party alleging that they do.

Agreement re specified replacement workers

(16) The employer and the trade union may enter into an agreement governing the use, in the event of a strike or lock-out, of striking or locked-out employees and of specified replacement workers to perform the work described in subsection (2) or (3).

Formal requirements

(17) An agreement under subsection (16) must be in writing and must be signed by the parties or their representatives.

Idem

(18) An agreement under subsection (16) may provide that any of subsections (4) to (11) do not apply.

Term of agreement

(19) An agreement under subsection (16) expires not later than the earlier of,

(a) the end of the first strike described in subsection 73.1 (2) or lock-out that ends after the parties have entered into the agreement; or

(b) the day on which the parties next make or renew a collective agreement.

Prohibited circumstances

(20) The parties shall not, as a condition of ending a strike or lock-out, enter into an agreement governing the use of specified replacement workers or of bargaining unit employees in any future strike or lock-out. Any such agreement is void.

Enforcement

(21) On application by the employer or trade union, the Board may enforce an agreement under subsection (16) and may amend it and make such other orders as it considers appropriate in the circumstances.

Filing in court

(22) A party to a decision of the Board made under this section may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. 1992, c.21, s.32, part.

Strike or lock-out, agreement

74. (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 115(3) to have released to the parties the report of a conciliation board or mediator; or

(b) fourteen days have elapsed after the day the Minister has released or is deemed pursuant to subsection 115(3) to have released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board.

Threatening strike or lock-out

(3) 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

(4) 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

(5) 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.

Opportunity to vote

(6) Any vote mentioned in subsection (4) shall be conducted in such a manner that those entitled to vote have ample opportunity to cast their ballots. R.S.O. 1990, c.L.2, s.74.

Reinstatement after lock-out, etc.

75. (1) If, at the end of a lock-out or a lawful strike, the employer and the trade union do not agree about the terms for reinstating employees, the employer shall reinstate them in accordance with this section.

Idem

(2) Subject to subsections (4) and (5), the employer shall reinstate each striking or locked-out employee to the position that he or she held when the strike or lock-out began.

Right to displace others

(3) Striking or locked-out employees are entitled to displace any other persons who were performing the work of striking or locked-out employees during the strike or lock-out. However, a striking or locked-out employee is not entitled to displace another employee in the bargaining unit who performed work under section 73.2 during the strike or lock-out and whose length of service, as determined under subsection (4), is greater than his or hers.

Insufficient work

(4) If there is not sufficient work for all striking or locked-out employees, including employees in the bargaining unit who performed work under section 73.2 during the strike or lock-out, the employer shall reinstate them to employment in the bargaining unit as work becomes available,

(a) if the collective agreement contains recall provisions that are based on seniority, in accordance with seniority as defined in those provisions and as determined when the strike or lock-out began, in relation to other employees in the bargaining unit who were employed at the time the strike or lock-out began; or

(b) if there are no such recall provisions, in accordance with each employee’s length of service, as determined when the strike or lock-out began, in relation to other employees in the bargaining unit who were employed at the time the strike or lock-out began.

Starting up operations

(5) Subsection (4) does not apply if an employee is not able to perform work required to start up the employer’s operations, but only for the period of time required to start up operations. 1992, c.21, s.33.

Unlawful strike

76. 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

77. 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

78. (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

79. 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

80. 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

81. (1) Where notice has been given under section 14 or section 54 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) fourteen 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.

Idem

(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 14, 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 54 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 45 applies with necessary modifications thereto. R.S.O. 1990, c.L.2, s.81.

Continuation of benefits

81.1 (1) This section applies with respect to employment benefits, other than pension benefits, normally provided directly or indirectly by the employer to the employees.

Lawful strike or lock-out

(2) This section applies only when it is lawful for an employer to lock out employees or for employees to strike.

Payments

(3) For the purpose of continuing employment benefits, including coverage under insurance plans, the trade union may tender payments sufficient to continue the benefits, to the employer or to any person who was, before a strike or lock-out became lawful, obligated to receive such payments.

Same

(4) The employer or other person described in subsection (3) shall accept payments tendered by the trade union under that subsection and, upon receiving payment, shall take such steps as may be necessary to continue in effect the employment benefits including coverage under insurance plans.

Cancellation of benefits

(5) No person shall cancel or threaten to cancel an employee’s employment benefits including coverage under insurance plans if the trade union tenders payments under subsection (3) sufficient to continue the employee’s entitlement to the benefits or coverage.

Denial of benefits

(6) No person shall deny or threaten to deny an employment benefit, including coverage under an insurance plan, to an employee if the employee was entitled to make a claim for that type of benefit or coverage before a strike or lock-out became lawful.

Effect of contract

(7) Subsections (4), (5) and (6) apply despite any provision to the contrary in any contract. 1992, c.21, s.34.

Requirement re just cause

81.2 (1) No employer, employers’ organization or person acting on behalf of either shall discharge or discipline an employee without just cause if,

(a) a trade union is certified as the employee’s bargaining agent or the employer has voluntarily recognized the trade union as the employee’s bargaining agent; and

(b) no first collective agreement has been settled.

Substitution of penalty

(2) If the Board determines that an employer has imposed a penalty on an employee for cause, the Board may substitute such lesser penalty as it considers just and reasonable in all the circumstances.

Exception

(3) If the employee is discharged during a probationary period described in the employment contract between the employer and the employee, the Board may apply a lesser standard for discharging the employee. 1992, c.21, s.35.

Protection of witnesses rights

82. (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;

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

(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.

Idem

(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 employment or a term or condition of employment; or

(b) 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. R.S.O. 1990, c.L.2, s.82.

Removal, etc., of posted notices

83. 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

84. (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 sixty 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 twelve months from the date of such assumption, but such supervision or control may be continued for a further period of twelve months with the consent of the Board. R.S.O. 1990, c.L.2, s.84.

Information

Collective agreements to be filed

85. 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.

86. 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

87. (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

88. (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 the 1st day of June 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 that Act 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;

(c) the amounts contributed by the members and the trade union, if any;

(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

89. (1) Every trade union and unincorporated employers’ organization in Ontario that has members in Ontario shall, within fifteen 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 fifteen 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

90. 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

91. (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. R.S.O. 1990, c.L.2, s.91(1-3).

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;

(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; or

(d) an order, when a party contravenes section 15, settling one or more terms of a collective agreement if the Board considers that other remedies are not sufficient to counter the effects of the contravention. R.S.O. 1990, c.L.2, s.91(4); 1992, c.21, s.36(1).

Orders re adjustment plans

(4.1) For the purpose of remedying a contravention of section 41.1, the Board shall not settle any provision of an adjustment plan on terms determined by the Board. 1992, c.21, s.36(2).

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.

Filing in court

(6) A trade union, council of trade unions, employer, employers’ organization or person affected by the determination may file the determination, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. 1992, c.21, s.36(3).

Effect of settlement

(7) Where a proceeding under this Act 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(7); 1992, c.21, s.36(4).

“Person” defined for purposes of ss.82, 91

92. For the purposes of section 82 and any complaint made under section 91, “person” includes any person otherwise excluded by subsection 1(3). R.S.O. 1990, c.L.2, s.92.

Board power re interim orders

92.1 (1) On application in a pending or intended proceeding, the Board may grant such interim orders, including interim relief, as it considers appropriate on such terms as the Board considers appropriate.

Filing in court

(2) A party to an interim order may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. 1992, c.21, s.37, part.

Complaints during organizing activities

92.2 (1) This section applies to a complaint under section 91 alleging that, during the period beginning with a trade union’s organizing activities and ending with the disposition of its application for certification, an employee has been disciplined, has had his or her employment terminated, has received notice of discipline or termination of employment or has been otherwise penalized contrary to this Act.

Expedited hearing

(2) If the trade union requests an expedited hearing of the complaint, the Board shall begin its inquiry into the complaint within fifteen days after the later of,

(a) the day on which the request is filed with the Board; and

(b) the day on which the request is delivered to the respondent named in the complaint.

Hearing

(3) The Board shall hear the complaint on consecutive days from Mondays to Thursdays, except holidays, until the hearing is completed.

Decision

(4) The Board shall render its decision on the complaint within two days after the hearing is completed, excluding Saturdays, Sundays and holidays. The Board may give its decision orally or in writing.

Reasons for decision

(5) The Board shall give written reasons for the decision within a reasonable period of time upon the request of either party.

Consolidation of hearings

(6) The Board may hear and determine any other application or complaint under this Act together with a complaint to which this section applies. 1992, c.21, s.37, part.

Jurisdictional disputes

93. (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; or

(b) that an employer was or is assigning work to persons in a particular trade union rather than to persons in another.

Resolution of complaints

(1.1) The Board may consult with the parties affected by the complaint to resolve any matter raised by the complaint or may inquire into any matter raised by the complaint, or may do both.

Orders after consultation

(1.2) The Board may make any interim or final order it considers appropriate after consulting with the parties or on an inquiry.

Scope of orders

(2) An order may provide that it is binding on the parties for other jobs then in existence or undertaken in the future in the geographic area that the Board considers appropriate. 1992, c.21, s.38(1).

Notice to jurisdictional representatives

(3) Where a trade union, council of trade unions, employer or employers’ organization referred to in subsection 138(1) files a complaint and if each party affected by the complaint has designated a jurisdictional representative as provided under section 138, the Registrar of the Board or such other person as may be designated by the chair shall immediately notify the respective designated jurisdictional representatives by telephone and telegram of the filing of the complaint. R.S.O. 1990, c.L.2, s.93(3); 1992, c.21, s.38(2).

Meeting of jurisdictional representatives

(4) The designated jurisdictional representatives or their substitutes shall promptly meet and attempt to settle the matters raised by the complaint and shall report the outcome to the Board.

Board participation

(4.1) If the designated jurisdictional representatives are notified, the Board shall not, except as provided in subsection (8), consult with the parties affected by the complaint or inquire into a matter raised by the complaint until fourteen days have elapsed after the complaint is filed.

Attendance at consultations

(4.2) If the Board consults with the parties affected by the complaint, the designated jurisdictional representatives or their substitutes shall attend the consultations and both may attend. 1992, c.21, s.38(3).

Filing of settlement with Board

(5) Where the designated jurisdictional representatives unanimously agree to a settlement of the matter complained of, it shall be reduced to writing, signed by the respective representatives and filed with the Board. R.S.O. 1990, c.L.2, s.93(5); 1992, c.21, s.38(4).

Order re settlement

(6) If a settlement is filed under subsection (5), the Board shall, after such consultation with the designated jurisdictional representatives as it considers advisable in order to clarify the terms of the settlement, embody in the form of an order the settlement and any changes agreed upon that are necessary for its clarification. 1992, c.21, s.38(5).

(7) REPEALED: 1992, c.21, s.38(6).

Interim order in case of strike

(8) Where a complaint is made under subsection (1) and the complainant alleges that a strike is imminent or is taking place by reason of the requirement as to the assignment of work or by reason of the assignment of work, the Board may, after consulting any employer, employers’ organization, trade union or council of trade unions that in its opinion is concerned, make an interim order with respect to the assignment of the work that it in its discretion considers proper. R.S.O. 1990, c.L.2, s.93(8).

Cease and desist orders

(9) 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.

Filing in court

(10) A party to an interim or final order may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such.

Enforcement

(11) An interim or final 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).

Withdrawal of complaint

(12) A complaint made under this section may be withdrawn by the complainant only upon such terms and conditions as the Board may fix.

Postponement of inquiry

(13) Where a trade union or a council of trade unions and an employer or an employers’ organization have made an arrangement to resolve any differences between them arising from the assignment of work, the Board may, upon such terms and conditions as it may fix, postpone inquiring into a complaint under this section until the difference has been dealt with in accordance with such arrangement. R.S.O. 1990, c.L.2, s.93(12,13).

Alteration of bargaining unit

(14) 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.

(15) REPEALED: 1992, c.21, s.38(8), part.

Idem

(16) 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.

Idem

(16.1) The Board may make an order under subsection (16) upon the application of any person, employers’ organization, trade union or council of trade unions affected by the decision of the tribunal.

Interim orders prevail

(17) 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.

Idem

(17.1) 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, c.21, s.38(9).

Alteration of description of bargaining unit in conflicting agreements

(18) 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).

Powers of Board before disposing of application

(19) Before disposing of an 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.93(19); 1993, c.27, Sched.

Declaration and direction by Board re unlawful strike

94. 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

95. 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.

Filing in court

96. A party to a direction made under section 94 or 95 may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. 1992, c.21, s.39.

Notice of claim for damages after unlawful strike or lock-out where no collective agreement

97. (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 fifteen 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.

Idem

(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.

Idem

(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.

Idem

(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 45(5), (6), (6.1), (6.2), (7), (8.1), (11) and (12) apply with necessary modifications. R.S.O. 1990, c.L.2, s.97(8); 1992, c.21, s.40.

Offences

98. (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

99. 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

100. 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

101. (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 to enforce orders, etc.

102. A trade union, a council of trade unions or an unincorporated employers’ organization affected by a decision, determination, order or direction of the Board or of an arbitrator or an arbitration board may bring proceedings in its own name to enforce it or may be subject to such proceedings in its own name in the Ontario Court (General Division). 1992, c.21, s.41.

Consent

103. (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

104. (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 119 to 155 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); 1992, c.21, s.42(1).

agriculture industry division

(5.1) One of the divisions of the Board shall be designated by the chair as the agriculture industry division, and only it shall exercise the powers of the Board under this Act in proceedings to which the Agricultural Labour Relations Act, 1994 applies. 1994, c.6, s. 27(4).

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 of employers 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

(11.1) 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.

idem

(11.2) The chair or vice-chair shall decide whether to sit alone in the circumstances described in subsection (11.1). 1992, c.21, s.42(3).

when chair or vice-chair may sit alone

(12) Despite subsections (9), (10) and (11), the chair may sit alone or may authorize a vice-chair to sit alone in any of the following circumstances to hear and determine a matter and to exercise all the powers of the Board when doing so:

1. In the case of a matter respecting section 11.1, 69, 70, 73.1, 73.2 or 92.1, subsection 92.2(1) or (6) or section 94, 95, 126 or 137,

i. if the chair considers it advisable to do so, or

ii. if the parties consent.

2. In the case of any other proceeding,

i. if the chair considers that the possibility of undue delay or other prejudice to a party makes it appropriate to do so, or

ii. if the parties consent.

same

(12.1) For the purposes of subsection (12), 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

(13) The Board shall determine its own practice and procedure but shall give full opportunity to the parties to any proceeding to present their evidence and to make their submissions.

rules of practice

(13.1) The Board may make rules governing its practice and procedure and the exercise of its powers and prescribing such forms as it considers advisable.

same

(14) The Board may make rules to expedite proceedings to which the following provisions apply:

1. Section 11.1 (rights of access), 73.1 (replacement workers), 73.2 (use of specified replacement workers) or 92.1 (interim orders).

2. Subsection 93(1.2)(jurisdictional disputes) or 108(2).

3. Sections 119 to 138.

4. Such other provisions as the Lieutenant Governor in Council by regulation may designate.

effective date of rules

(14.1) Rules made under subsection (14) come into force on such dates as the Lieutenant Governor in Council may by order determine.

special provisions

(14.2) Rules made under subsection (14),

(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

(14.3) Rules made under subsection (14) apply despite anything in the Statutory Powers Procedure Act. 1992, c.21, s.42(5).

rules not regulations

(14.4) Rules made under subsection (13.1) or (14) are not regulations within the meaning of the Regulations Act. 1993, c.38, s.67(6).

registrar, etc.

(15) 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

(16) 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

(17) The Board shall have an official seal.

office, sittings

(18) 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

105. (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;

(a.1) 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;

(a.2) 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;

(b) to administer oaths and affirmations;

(c) to admit and act upon such oral or written evidence as it considers proper, whether admissible in court or not;

(d) 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;

(e) to enter any premises where work is being or has been done 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 (d);

(f) to enter upon the premises of employers and conduct representation votes during working hours and give such directions in connection with the vote as it considers necessary;

(g) to authorize any person to do anything that the Board may do under clauses (a) to (f) and to report to the Board thereon;

(h) 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;

(i) to bar an unsuccessful applicant for any period not exceeding ten months 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 ten months from the date of the dismissal of the unsuccessful application;

(j) to determine the form in which evidence of membership or application for membership or of objection to certification of a trade union shall be filed or presented on an application for certification and to refuse to accept any evidence not filed or presented in that form;

(j.1) to determine, on an application for a declaration terminating bargaining rights, the form in which and the time as of which evidence shall be filed or presented concerning employees who no longer wish to be represented by a trade union and to refuse to accept any evidence not filed or presented in that form or by that time;

(k) 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 to refuse to accept any evidence of representation or objection or signification that is not presented in the form and as of the time so determined;

(l) 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;

(m) to attach terms or conditions to any order. 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).

Subsequent applications for certification, etc.

(3) Despite sections 5 and 58, 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

(c) refuse to entertain the subsequent application.

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).

Idem, membership fee

(4.1) In determining whether a person is a member of a trade union or has applied for membership, the Board shall not consider whether the person has made any payment that the trade union may require. 1992, c.21, s.43(5).

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.

Idem

(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

106. 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

107. 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

108. (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.

Idem

(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 105(2)(h), 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

109. (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.

Idem

(2) If the Minister refers to the Board a question involving the applicability of section 63(declaration of successor union), 64(sale of a business), 64.1 (federal-to-provincial sale) or 64.2 (services provided under contract), 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.

Board’s orders not subject to review

110. 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 suits, etc.

111. 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

112. 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 the contrary, 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

113. (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.

Idem

(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).

Idem, 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.

Idem

(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

113.1 (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.

Idem

(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

114. (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 this Act 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

115. (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).

(2) REPEALED: 1992, c.21, s.49.

Time of release of documents

(3) 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

(4) Proof by a person, employers’ organization, trade union or council of trade unions of failure to receive a determination under section 91 or an interim order or direction under section 93 or a direction of the Board under section 94, 95 or 137, or a decision of an arbitrator or of an arbitration board including a decision under section 97 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

(5) Where a notice has been given under section 54 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 may give 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

116. 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

117. 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

118. 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;

(i.1) prescribing circumstances in which section 41.1 (duty to bargain for adjustment plan) applies;

(i.2) prescribing one or more dates when the parties are required to meet to bargain for an adjustment plan;

(j) prescribing amounts for the expense of proceedings under section 126 and providing for the adjustment of the amounts in exceptional circumstances;

(k) prescribing the form in which documents shall be filed in the Ontario Court (General Division) for enforcement;

. . . . .

(k.3) designating provisions for the purposes of paragraph 4 of subsection 104(14) (rules for expedited proceedings);

(l) 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; 1994, c.6, s.27(5).

Construction Industry

Definitions

119. In this section and in sections 120 to 155,

“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, the roads 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; 1992, c.21, s.51.

Conflict

120. Where there is conflict between any provision in sections 121 to 138 and any provision in sections 5 to 58 and 63 to 118, the provisions in sections 121 to 138 prevail. R.S.O. 1990, c.L.2, s.120.

Bargaining units in the construction industry

121. (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. R.S.O. 1990, c.L.2, s.121(1).

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 section 8, 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(2); 1992, c.21, s.52.

Notice of desire to bargain

122. (1) Where notice has been given by a trade union to an employer under section 14 or by a trade union or a council of trade unions or an employer or employers’ organization under section 54, 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 18(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 conciliation board.

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 fourteen days after its first sitting, but such period may be extended,

(a) for a further period not exceeding thirty 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

123. 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 of 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.

Notice of desire to bargain for new collective agreement

124. 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 ninety 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 54. R.S.O. 1990, c.L.2, s.124.

Application for termination, no agreement

125. (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 58(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.58, subss.(3-6)

(3) Subsections 58(3) to (6) apply to an application under subsection (1) or (2). R.S.O. 1990, c.L.2, s.125.

Referral of grievance to Board

126. (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 45, 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.

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 fourteen 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(1,2).

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 45(6.3), (8), (8.1), (8.3) and (9) to (12) 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); 1992, c.21, s.53.

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

127. Where a trade union or council of trade unions has been certified or has been granted voluntary recognition 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; 1992, c.21, s.54.

Board to determine appropriateness of unit

128. (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.

Idem

(2) The unit of employers shall comprise all employers as defined in section 119 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

129. (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 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.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, c.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.

Idem

(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

130. (1) Upon accreditation, all rights, duties and obligations 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 129(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.

Idem

(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.

Idem

(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.

Idem

(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 129(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.

Idem

(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.53(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 53(1). R.S.O. 1990, c.L.2, s.130.

Application of s.52 (1,2)

131. (1) Subsections 52(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

132. (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.

Idem

(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 the date 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

133. (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. R.S.O. 1990, c.L.2, s.133(1,2).

Exception

(2.1) Subsection (2) does not apply with respect to an agreement permitted under section 73.2 (use of replacement workers). 1992, c.21, s.55(1).

Idem

(3) Subject to sections 73.1 and 73.2, an employer who is represented by an accredited employers’ organization may continue or attempt to continue the employer’s operations during a strike or lock-out involving employees of employers represented by the accredited employers’ organization. 1992, c.21, s.55(2).

Duty of fair representation by employers’ organization

134. 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 accredited employers’ organization or not. R.S.O. 1990, c.L.2, s.134.

Membership in employers’ organization

135. 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

136. 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.

Direction by Board re unlawful strike

137. (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 or encouraged 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 148(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 148(1). R.S.O. 1990, c.L.2, s.137(1-3).

Filing in court

(4) A party to a direction made under this section may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. 1992, c.21, s.56.

Designation of jurisdictional representative

138. (1) Every trade union, council of trade unions, employer and employers’ organization in the construction industry shall, within fifteen days after it has entered into a collective agreement, 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, council of trade unions, employer or employers’ organization to act as a designated jurisdictional representative in the event of a dispute as to the assignment of work.

Idem

(2) Whenever a trade union, council of trade unions, employer or employers’ organization changes the authorization referred to in subsection (1), it shall file with the Board notice thereof in the prescribed form within fifteen days after making such change.

Idem

(3) Where a trade union, council of trade unions, employer or employers’ organization files a complaint under subsection 93(1) and it has not complied with subsection (1) or (2), it shall file the required notice with the complaint. R.S.O. 1990, c.L.2, s.138.

Definitions

138.1 (1) In sections 138.2 to 138.6,

“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 138.2 to 138.6 and any other provision of this Act, the provisions in sections 138.2 to 138.6 prevail.

Same, trade union constitution

(3) In the event of a conflict between any provision in sections 138.2 to 138.6 and any provision in the constitution of a trade union, the provisions in sections 138.2 to 138.6 prevail. 1993, c.36, s.1, part.

Application

138.2 (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 119.

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 or operation 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 sixty 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

138.3 (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 fifteen 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

138.4 (1) This section applies if, on the 1st day of May, 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 subsection 138.2(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 138.2 and 138.3 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

138.5 (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

138.6 (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 bears 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.

Transition

(6) The initial appointments of the trustees under this section shall be made not later than six months after the day on which this section comes into force.

Definition

(7) 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.

Province-Wide Bargaining

Definitions

139. (1) In this section and in sections 137 and 140 to 155,

“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 119; (“négociation”)

“employee bargaining agency” means an organization of affiliated bargaining agents that are subordinate or directly related to the 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 119. (“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 119, 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

140. Where there is conflict between any provision in sections 141 to 154 and any provision in sections 5 to 58 and 63 to 138, the provisions in sections 141 to 154 prevail. R.S.O. 1990, c.L.2, s.140.

Designation by Minister

141. (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 148(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 sixty days after the 27th day of October, 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 142 and 143, 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

142. (1) During the period between the one hundred and twentieth and the one hundred and eightieth days prior to the termination of a provincial agreement, an employee bargaining agency, whether designated or not, may apply to 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

143. (1) During the period between the one hundred and twentieth and the one hundred and eightieth 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.

144. Where an employee bargaining agency has been designated under section 141 or certified under section 142 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.

145. Where an employer bargaining agency has been designated under section 141 or accredited under section 143 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 129 of an employers’ organization as bargaining agent of the employers in the industrial, commercial and institutional sector of the construction industry, referred to in the definition of “sector” in section 119, represented or to be represented by the employer bargaining agency is null and void from the time of such designation under section 141 or accreditation under section 143. R.S.O. 1990, c.L.2, s.145.

Application for certification in the industrial, commercial and institutional sector

146. (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 119 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 (3) or by voluntary recognition. R.S.O. 1990, c.L.2, s.146(1).

Certification

(2) If on the taking of a representation vote more than 50 per cent of the ballots cast are cast in favour of the trade unions on whose behalf the application is brought, or, if the Board is satisfied that more than 55 per cent of the employees in the bargaining unit are members of the trade unions on whose behalf the application is brought or have applied to become members, the Board shall certify the trade unions as the bargaining agent of the employees in the bargaining unit and in so doing shall issue a certificate confined to the industrial, commercial and institutional sector and issue another certificate in relation to all other sectors in the appropriate geographic area or areas. R.S.O. 1990, c.L.2, s.146(2); 1992, c.21, s.57; 1993, c.27, Sched.

Saving

(3) Despite subsection 121(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

(4) 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

(5) Despite subsections (1) and (4), 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).

Termination of collective agreement

147. (1) Subject to subsection (2), any collective agreement in operation on the 27th day of October, 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 119 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.

Idem

(2) Despite subsection 53(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 119 and represented by affiliated bargaining agents entered into after the 1st day of January, 1977 and before the 30th day of April, 1978 shall be deemed to expire not later than the 30th day of April, 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.

Idem

(4) After the 30th day of April, 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 119, 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 53(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

148. (1) An employee bargaining agency and an employer bargaining agency shall make only one provincial agreement for each provincial unit that it represents.

No agreement other than provincial agreement

(2) On and after the 30th day of April, 1978 and subject to sections 141 and 147, 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(1,2).

Expiry of provincial agreement

(3) Every provincial agreement shall provide for the expiry of the agreement on the 30th day of April calculated triennially from the 30th day of April, 1992. 1991, c.56, s.2.

Non-application of s.52

149. (1) Section 52 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 119, 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 126. R.S.O. 1990, c.L.2, s.149.

Calling of strikes

150. (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 119, and no affiliated bargaining agent shall call or authorize a strike of the employees except in accordance with this subsection.

Calling of lock-outs

(2) 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 119 and no employer shall lock out the employees except in accordance with this subsection. R.S.O. 1990, c.L.2, s.150.

Time for ratification

151. (1) Where a memorandum of settlement of the terms of a provincial agreement is subject to ratification, the ratification shall take place within thirty days of the signing of the memorandum of settlement.

Effect of failure to ratify within prescribed time

(2) Where ratification or rejection of a memorandum of settlement of the terms of a provincial agreement does not take place within the period of thirty days, the memorandum of settlement shall come into effect as though it had been ratified and shall constitute a provincial agreement. R.S.O. 1990, c.L.2, s.151.

Who may vote, employees

152. (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.

Idem, 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

(2.1) 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

(3) 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 (2.1). R.S.O. 1990, c.L.2, s.152(3); 1991, c.56, s.3(2).

Complaints

(4) Where a complaint is made to the Minister that subsection (1), (2) or (2.1) 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).

Idem

(5) No complaint alleging a contravention of this section shall be made except as may be referred to the Board under subsection (4).

Idem

(6) No complaint shall be considered by the Minister unless it is received within ten days after the vote is completed. R.S.O. 1990, c.L.2, s.152(5,6).

Declaration and direction by Board

(7) Where, upon a matter being referred to the Board, the Board is satisfied that subsection (1), (2) or (2.1) 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

153. 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 119. R.S.O. 1990, c.L.2, s.153.

Bargaining agency not to act in bad faith, etc.

154. (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.

Idem

(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

155. (1) This section applies with respect to a corporation established under a regulation under this section.

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

(c) carrying out such additional objects as are prescribed.

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 91 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.

Idem

(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.

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