Employees' Rights and Freedoms Act, 1997
EXPLANATORY NOTE
The Bill provides two new freedoms to employees with respect to collective agreements made, settled or renewed under any Act between an employer and a trade union or an association of employees after the Bill comes into force.
First, no collective agreement, or decision or award with respect to a collective agreement, can require employees in the bargaining unit to which the agreement relates to be members of a trade union or association of employees as a condition of employment.
Secondly, a trade union or an association of employees that is certified as the bargaining agent of employees in a bargaining unit and that is a party to a collective agreement with respect to the bargaining unit shall not be the bargaining agent for those employees in the bargaining unit who are not members of the trade union or association. Consequently, the trade union or association may not collect dues from employees in the bargaining unit who are not members of the trade union or association.
Bill 1311997
An Act to provide rights and freedoms to employees
with respect to membership in trade unions or
employees associations and representation by them
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,
"bargaining unit", "collective agreement", "employee" and "trade union" have the same meaning as in the Labour Relations Act, 1995. ("convention collective", "employé", "syndicat", "unité de négociation")
Membership in trade union
2. (1) Despite any other Act, no collective agreement made, settled or renewed under any Act between an employer and a trade union or an association of employees after this Act comes into force shall include a provision requiring that, as a condition of employment, an employee in the bargaining unit to which the agreement relates be a member of the trade union or association, as the case may be.
Same, decision or award
(2) Despite any other Act, no decision or award made with respect to a collective agreement made, settled or renewed under any Act between an employer and a trade union or an association of employees after this Act comes into force shall include a provision requiring that, as a condition of employment, an employee in the bargaining unit to which the agreement relates be a member of the trade union or association, as the case may be.
Provision void
(3) A provision that contravenes this section is void.
No representation by trade union
3. (1) Despite any other Act, a trade union or association of employees that is certified as the bargaining agent of employees in a bargaining unit and that is a party to a collective agreement with respect to the bargaining unit made, settled or renewed after this Act comes into force shall not be the bargaining agent for those employees in the bargaining unit who are not members of the trade union or association, as the case may be.
Same, collective agreement
(2) Despite any other Act, no collective agreement described in subsection (1) binds an employee in the bargaining unit to which the agreement relates unless the employee is a member of the trade union or association that is a party to the agreement.
Deduction of union dues void
(3) A provision in a collective agreement described in subsection (1) is void if it requires the employer to deduct any amount for dues payable to the trade union or association that is a party to the agreement from the wages of an employee in the bargaining unit who is not a member of the trade union or association or to remit the amount to the trade union or association.
Same, decision or award
(4) Despite any other Act, no decision or award made with respect to a collective agreement described in subsection (1) binds an employee in the bargaining unit to which the agreement relates unless the employee is a member of the trade union or association that is a party to the agreement.
Intimidation
4. (1) No person, trade union or association of employers or employees shall seek by intimidation or coercion to compel any person to become, to refrain from becoming, to continue to be or to cease to be a member of a trade union or an association of employees.
Offence
(2) A person who contravenes subsection (1) 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 not an individual, to a fine of not more than $25,000.
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the Employees' Rights and Freedoms Act, 1997.