Lennox and Addington County Board of
Education and Teachers Dispute
Settlement Act, 1997
EXPLANATORY NOTE
The purpose of the Bill is set out in the Preamble.
Bill 1131997
An Act to settle The Lennox and Addington
County Board of Education and Teachers Dispute
Preamble
The Lennox and Addington County Board of Education and its secondary school teachers have been negotiating terms and conditions of employment. A strike by the teachers against the board involving a full withdrawal of services has continued since December 9, 1996. The board and the teachers have been unable to make a collective agreement as to terms and conditions of employment. The interests of students require that the teachers return to and resume their duties and that means be found for the settlement of the matters in dispute between the board and the teachers.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"board" means The Lennox and Addington County Board of Education; ("conseil")
"branch affiliate" means the organization composed of all the teachers employed by the board who are members of The Ontario Secondary School Teachers' Federation; ("section locale")
"collective agreement" means a written collective agreement made under the School Boards and Teachers Collective Negotiations Act covering matters negotiable under that Act; ("convention collective")
"Minister" means the Minister of Education and Training; ("ministre")
"parties" means the board and the branch affiliate; ("parties")
"school day" has the same meaning as in Regulation 304 of the Revised Regulations of Ontario, 1990 (School Year and School Holidays) made under the Education Act; ("jour de classe")
"strike" has the same meaning as in the School Boards and Teachers Collective Negotiations Act; ("grève")
"teachers" means the secondary school teachers employed on permanent or probationary contracts by the board. ("enseignmants")
Strike to be terminated
2. (1) Any strike shall be terminated by the branch affiliate and by the teachers immediately on the coming into force of this Act.
Work assignments and normal operations
(2) Every teacher who is on strike against the board shall return to work and shall resume his or her duties on the first school day after the day on which this Act comes into force and the board shall resume the employment of the teachers and resume the normal operation of the schools in which the teachers are employed.
Exception
(3) Subsection (2) does not preclude a teacher from not returning to work and resuming his or her duties with the board for reasons of health or by mutual consent of the teacher and the board.
Collective agreement continues
3. The collective agreement between the parties that expired on August 31, 1996 is deemed to continue in force until replaced by a new collective agreement reached by the parties under section 4 or resulting from a decision of the arbitrator appointed under this Act.
Negotiated settlement
4. (1) Despite section 5, the parties may continue to negotiate for the renewal of the collective agreement and they may withdraw from the arbitration if, before the arbitrator reports his or her decision, they notify the arbitrator that a renewal of the collective agreement has been executed and ratified.
Term of new agreement
(2) Despite section 3, a new collective agreement negotiated by the parties shall be deemed to have come into effect on September 1, 1996 and it shall expire on August 31, 1998.
Notice of new agreement
(3) The parties shall give notice of the new collective agreement to the Education Relations Commission at the same time as notice is given under subsection (1) to the arbitrator.
Arbitration
5. (1) If the parties have not entered into a new collective agreement on or before the seventh day after this Act comes into force, they shall be deemed to have referred to an arbitrator under Part IV of the School Boards and Teachers Collective Negotiations Act all matters remaining in dispute between them that may be provided for in a collective agreement.
Appointment of arbitrator
(2) On or before the seventh day after this Act comes into force, the parties shall jointly appoint the arbitrator referred to in subsection (1) and shall notify the Minister of the name and address of the person appointed.
Same
(3) If the parties fail to notify the Minister as required by subsection (2), the Lieutenant Governor in Council shall forthwith appoint the arbitrator.
Notice of appointment
(4) If the Lieutenant Governor in Council appoints the arbitrator, the Minister shall notify the parties of the name and address of the person appointed.
Matters agreed on and matters in dispute
(5) On or before the thirty-fifth day after this Act comes into force, each party shall give written notice to the Minister, the Education Relations Commission, the arbitrator and the other party, setting out all the matters that the parties have agreed on for inclusion in a collective agreement and all the matters remaining in dispute between the parties that in the opinion of the party should be settled in order to renew the collective agreement.
Same
(6) If the parties do not agree on which matters remain in dispute between them, the arbitrator shall determine which matters remain in dispute between them.
Duty of arbitrator
(7) The arbitrator shall inquire into, consider and decide on all matters remaining in dispute between the parties.
Time for commencing proceedings
(8) The arbitrator shall commence the arbitration proceedings on or before the forty-fifth day after this Act comes into force.
Time for report
(9) On or before the forty-fifth day after the parties have completed presenting their evidence and making their submissions, the arbitrator shall report his or her decision in writing to the parties and to the Education Relations Commission.
Application of the School Boards and Teachers Collective Negotiations Act
(10) The provisions of Part IV of the School Boards and Teachers Collective Negotiations Act, except sections 28, 30 and 31 and subsection 35 (1), apply with necessary modifications to an arbitration under this Act.
Conflict
(11) In the event of a conflict between this Act and the School Boards and Teachers Collective Negotiations Act, this Act prevails.
Term of new agreement
(12) Despite section 3, a new collective agreement resulting from the decision of the arbitrator shall be deemed to have come into force on September 1, 1996 and it shall expire on August 31, 1998.
Where arbitrator unable to act
6. (1) Where the arbitrator is unable to enter on or to carry on his or her duties so as to meet the requirements of this Act or ceases to act by reason of withdrawal or death, the Minister shall give notice of the fact to the parties.
Same
(2) On or before the seventh day after notice is given under subsection (1), the parties shall jointly appoint the arbitrator and shall notify the Minister of the name and address of the person appointed.
Same
(3) If the parties fail to notify the Minister as required by subsection (2), the Lieutenant Governor in Council shall forthwith appoint the arbitrator.
Same
(4) If the Lieutenant Governor in Council appoints the arbitrator, the Minister shall notify the parties of the name and address of the person appointed.
Plan re: instructional time
7. (1) On or before the seventh day after this Act comes into force, the parties shall agree on and jointly file with the Minister a plan that describes how they intend to address the loss of instructional time that has resulted from the strike by the teachers.
Same
(2) If the parties neglect or fail to file a plan under subsection (1) or if in the opinion of the Minister the plan is inadequate, the Minister may make a plan that describes how the parties shall address the loss of instructional time and may order the parties to implement the plan.
Revised school calendar
(3) The Minister may by order direct the board to prepare and submit a revised school calendar under Regulation 304 of the Revised Regulations of Ontario, 1990 (School Year and School Holidays) made under the Education Act.
Same
(4) The Minister may approve the revised school calendar submitted under subsection (3) with or without such changes as the Minister considers appropriate.
Same
(5) If the board does not comply with subsection (3), the Minister may order the parties to implement such changes in the school calendar as the Minister considers appropriate.
Variation of time limits
8. The Minister may by order vary any time limit or time period specified under this Act or under Part IV of the School Boards and Teachers Collective Negotiations Act.
Non-application of Regulations Act
9. The Regulations Act does not apply to anything done under this Act.
Costs
10. Each party shall assume its own costs of the arbitration proceedings and shall also pay one-half of the fees and expenses of the arbitrator.
Definitions
11. (1) In this section,
"board", "Federation", "affiliate" and "branch affiliate" have the same meaning as in section 1 of the School Boards and Teachers Collective Negotiations Act.
Offence
(2) An individual or party who contravenes any provision of this Act or any order made under this Act is guilty of an offence and on conviction is liable to a fine of not more than $1,000 for each day on which the contravention occurs or continues.
Same
(3) Where a board, an affiliate, a branch affiliate or the Federation contravenes any provision of this Act, the board, affiliate, branch affiliate or Federation, as the case may be, is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for each day on which the contravention occurs or continues.
Application
(4) Subsections 77 (4) to (8) and sections 78 and 79 of the School Boards and Teachers Collective Negotiations Act apply with necessary modifications with respect to offences under this Act.
Application
12. Section 80 of the School Boards and Teachers Collective Negotiations Act applies with necessary modifications to proceedings under this Act.
Delegation
13. The Minister may delegate any of the Minister's powers or duties under this Act to the Education Relations Commission.
Commencement
14. (1) This Act comes into force on the day it receives Royal Assent.
Repeal
(2) This Act is repealed on September 1, 1998 or on such earlier date as is named by proclamation of the Lieutenant Governor.
Short title
15. The short title of this Act is the Lennox and Addington County Board of Education and Teachers Dispute Settlement Act, 1997.