[38] Bill 144 Royal Assent (PDF)
Bill 144 2005
An Act to amend
certain statutes relating
to labour relations
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Labour Relations Act, 1995
1. Subsection 7 (7) of the Labour Relations Act, 1995 is repealed and the following substituted:
Restriction
(7) The right of a trade union to apply for certification under this section is subject to subsections 10 (3) and 11.1 (4), section 67, subsections 128.1 (10), (15), (21), (22) and (23) and subsection 160 (3).
2. Section 11 of the Act, as amended by the Statutes of Ontario, 1998, chapter 8, section 5, is repealed and the following substituted:
Remedy if contravention by employer, etc.
11. (1) Subsection (2) applies where an employer, an employers' organization or a person acting on behalf of an employer or an employers' organization contravenes this Act and, as a result,
(a) the true wishes of the employees in the bargaining unit were not likely reflected in a representation vote; or
(b) a trade union was not able to demonstrate that 40 per cent or more of the individuals in the bargaining unit proposed in the application for certification appeared to be members of the union at the time the application was filed.
Same
(2) In the circumstances described in subsection (1), on the application of the trade union, the Board may,
(a) order that a representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the employees in the bargaining unit;
(b) order that another representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the employees in the bargaining unit; or
(c) certify the trade union as the bargaining agent of the employees in the bargaining unit that the Board determines could be appropriate for collective bargaining if no other remedy would be sufficient to counter the effects of the contravention.
Same
(3) An order under subsection (2) may be made despite section 8.1 or subsection 10 (2).
Considerations
(4) On an application made under this section, the Board may consider,
(a) the results of a previous representation vote; and
(b) whether the trade union appears to have membership support adequate for the purposes of collective bargaining.
Remedy of contravention by trade union, etc.
11.1 (1) Subsection (2) applies where a trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions contravenes this Act and, as a result, the true wishes of the employees in the bargaining unit were not likely reflected in a representation vote.
Same
(2) In the circumstances described in subsection (1), on the application of an interested person, the Board may, despite subsection 10 (1),
(a) order that another representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the employees in the bargaining unit; or
(b) dismiss the application for certification if no other remedy would be sufficient to counter the effects of the contravention.
Considerations
(3) On an application made under this section, the Board may consider,
(a) the results of a previous representation vote; and
(b) whether the trade union appears to have membership support adequate for the purposes of collective bargaining.
Bar to reapplying
(4) If the Board dismisses an application for certification under clause (2) (b), the Board shall not consider another application for certification by the trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the application is dismissed.
Same
(5) Despite subsection (4), the Board may consider an application for certification by the trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if,
(a) the position of the employee at the time the original application was made was different from his or her position at the time the new application was made; and
(b) the employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.
Industrial, commercial and institutional sector
(6) If the Board dismisses under clause (2) (b) an application for certification that relates to the industrial, commercial and institutional sector of the construction industry, the references to "trade union" in subsections (4) and (5) shall be read as references to the trade unions on whose behalf the application for certification was brought.
Transition
11.2 (1) Sections 11 and 11.1 apply only in respect of contraventions described in subsection 11 (1) or subsection 11.1 (1) that occurred on or after the day section 2 of the Labour Relations Statute Law Amendment Act, 2005 comes into force.
Same
(2) Section 11, as it read immediately before the day section 2 of the Labour Relations Statute Law Amendment Act, 2005 came into force, continues to apply in respect of contraventions that occurred before that date.
3. (1) Subsection 12 (1) of the Act is amended by striking out "126 and 128" and substituting "126, 128 and 128.1".
(2) Subsection 12 (3) of the Act is amended by striking out "7 and 8" and substituting "7, 8 and 128.1".
4. Subsection 63 (16.1) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 38, section 8, is repealed.
5. Section 63.1 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 38, section 9, is repealed and the following substituted:
Transition
63.1 An employer or person acting on behalf of an employer shall not be found to have initiated an application under section 63 or to have contravened this Act if, during the 30-day period following the coming into force of section 5 of the Labour Relations Statute Law Amendment Act, 2005, the employer continues to do anything that was required by subsection (4) of this section, as it read immediately before the coming into force of section 5 of the Labour Relations Statute Law Amendment Act, 2005.
6. Section 92.1 of the Act, as enacted by the Statutes of Ontario, 2000, chapter 38, section 12 and amended by 2002, chapter 18, Schedule J, section 4 and 2004, chapter 8, section 46, Table and section 47, is repealed.
7. Section 98 of the Act, as amended by the Statutes of Ontario, 1998, chapter 8, section 10, is repealed and the following substituted:
Board power re interim orders
98. (1) On application in a pending proceeding, the Board may,
(a) make interim orders concerning procedural matters on such terms as it considers appropriate;
(b) subject to subsections (2) and (3), make interim orders requiring an employer to reinstate an employee in employment on such terms as it considers appropriate; and
(c) subject to subsections (2) and (3), make interim orders respecting the terms and conditions of employment of an employee whose employment has not been terminated but whose terms and conditions of employment have been altered or who has been subject to reprisal, penalty or discipline by the employer.
Same
(2) The Board may exercise its power under clause (1) (b) or (c) only if the Board determines that all of the following conditions are met:
1. The circumstances giving rise to the pending proceeding occurred at a time when a campaign to establish bargaining rights was underway.
2. There is a serious issue to be decided in the pending proceeding.
3. The interim relief is necessary to prevent irreparable harm or is necessary to achieve other significant labour relations objectives.
4. The balance of harm favours the granting of the interim relief pending a decision on the merits in the pending proceeding.
Same
(3) The Board shall not exercise its powers under clause (1) (b) or (c) if it appears to the Board that the alteration of terms and conditions, dismissal, reprisal, penalty or discipline by the employer was unrelated to the exercise of rights under the Act by an employee.
Same
(4) Despite subsection 96 (5), in an application under this section, the burden of proof lies on the applicant.
Same
(5) With respect to the Board, the power to make interim orders under this section applies instead of the power under subsection 16.1 (1) of the Statutory Powers Procedure Act.
Transition
(6) This section applies only in respect of an alteration of terms and conditions of employment or a dismissal, reprisal, penalty or discipline that occurred on or after the day section 7 of the Labour Relations Statute Law Amendment Act, 2005 comes into force.
Same
(7) This section, as it read immediately before the day section 7 of the Labour Relations Statute Law Amendment Act, 2005 came into force, continues to apply in respect of events that occurred before that date.
8. The Act is amended by adding the following section:
Application for certification without a vote
Election
128.1 (1) A trade union applying for certification as bargaining agent of the employees of an employer may elect to have its application dealt with under this section rather than under section 8.
Notice to Board and employer
(2) The trade union shall give written notice of the election,
(a) to the Board, on the date the trade union files the application; and
(b) to the employer, on the date the trade union delivers a copy of the application to the employer.
Employer to provide information
(3) Within two days (excluding Saturdays, Sundays and holidays) after receiving notice under subsection (2), the employer shall provide the Board with,
(a) the names of the employees in the bargaining unit proposed in the application, as of the date the application is filed; and
(b) if the employer gives the Board a written description of the bargaining unit that the employer proposes, in accordance with subsection 7 (14), the names of the employees in that proposed bargaining unit, as of the date the application is filed.
Matters to be determined
(4) On receiving an application for certification from a trade union that has elected to have its application dealt with under this section, the Board shall determine, as of the date the application is filed and on the basis of the information provided in or with the application and under subsection (3),
(a) the bargaining unit; and
(b) the percentage of employees in the bargaining unit who are members of the trade union.
Exception: allegation of contravention, etc.
(5) Nothing in subsection (4) prevents the Board from considering evidence and submissions relating to any allegation that section 70, 72 or 76 has been contravened or that there has been fraud or misrepresentation, if the Board considers it appropriate to consider the evidence and submissions in making a decision under this section.
Hearing
(6) The Board may hold a hearing if it considers it necessary in order to make a decision under this section.
Dismissal: insufficient membership
(7) The Board shall not certify the trade union as bargaining agent of the employees in the bargaining unit and shall dismiss the application if it is satisfied that fewer than 40 per cent of the employees in the bargaining unit are members of the trade union on the date the application is filed.
Remedial dismissal
(8) Subsection (9) applies where the trade union or person acting on behalf of the trade union contravenes this Act and, as a result, the membership evidence provided in or with the trade union's application for certification does not likely reflect the true wishes of the employees in the bargaining unit.
Same
(9) In the circumstances described in subsection (8), on the application of an interested person, the Board may dismiss the application for certification if no other remedy, including a representation vote directed under clause (13) (b), would be sufficient to counter the effects of the contravention.
Bar to reapplying
(10) If the Board dismisses an application for certification under subsection (9), the Board shall not consider another application for certification by the trade union as the bargaining agent for any employee that was in the bargaining unit proposed in the original application until one year after the application is dismissed.
Same
(11) Despite subsection (10), the Board may consider an application for certification by the trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if,
(a) the position of the employee at the time the original application was made was different from his or her position at the time the new application was made; and
(b) the employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.
Board shall direct representation vote
(12) If the Board is satisfied that at least 40 per cent but not more than 55 per cent of the employees in the bargaining unit are members of the trade union on the date the application is filed, it shall direct that a representation vote be taken.
Board may certify or may direct representation vote
(13) If the Board is satisfied that more than 55 per cent of the employees in the bargaining unit are members of the trade union on the date the application is filed, it may,
(a) certify the trade union as the bargaining agent of the employees in the bargaining unit; or
(b) direct that a representation vote be taken.
Representation votes
(14) If the Board directs that a representation vote be taken,
(a) the vote shall, unless the Board directs otherwise, be held within five days (excluding Saturdays, Sundays and holidays) after the day on which the direction for a representation vote is made;
(b) the vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made;
(c) the Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs;
(d) subject to section 11.1, the Board shall certify the trade union as bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade union; and
(e) subject to section 11, the Board shall not certify the trade union as bargaining agent of the employees in the bargaining unit and shall dismiss the application for certification if 50 per cent or fewer of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade union.
Bar to reapplication
(15) If the Board dismisses an application for certification under clause (14) (e), the Board shall not consider another application for certification by any trade union as the bargaining agent of any employee who was in the bargaining unit proposed in the original application until one year after the original application is dismissed.
Exception
(16) Despite subsection (15), the Board may consider an application for certification by a trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if,
(a) the position of the employee at the time the original application was made was different from his or her position at the time the new application was made; and
(b) the employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.
Same
(17) Subsection (15) does not apply if the trade union whose application was dismissed is a trade union that the Board is prohibited from certifying under section 15.
Meaning of "trade union"
(18) For the purposes of subsections (15) and (16),
"trade union" includes any trade union as defined in section 1, whether or not the trade union is a trade union as defined in section 126.
Non-application of certain provisions
(19) Sections 8, 8.1 and 10 do not apply in respect of a certification application that the trade union has elected to have dealt with under this section.
Determining bargaining unit and number of members
(20) Section 128 applies with necessary modifications to determinations made under this section.
Withdrawal of application: discretionary bar
(21) Subsection 7 (9) applies, with necessary modifications, if the trade union withdraws the application for certification,
(a) before the Board takes any action under subsection (7), (12) or (13); or
(b) after the Board directs a representation vote under subsection (12) or clause (13) (b), but before the vote is taken.
Second withdrawal: mandatory bar
(22) Subsections 7 (9.1), (9.2) and (9.3) apply, with necessary modifications, if the trade union withdraws an application for certification in the circumstances described in subsection (21) and had withdrawn a previous application for certification not more than six months earlier.
Withdrawal of application after vote taken: mandatory bar
(23) Subsections 7 (10), (10.1) and (10.2) apply, with necessary modifications, if the trade union withdraws the application for certification after a representation vote is taken in accordance with the Board's direction under subsection (12) or clause (13) (b).
Industrial, commercial and institutional sector
(24) If an election under this section is made in relation to an application for certification that relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126,
(a) the references to "trade union" in subsections (1), (2), (4), (7), (8), (10) to (14), (17) and (19) to (23) shall be read as references to the trade unions on whose behalf the application for certification was brought;
(b) if the Board certifies the trade unions on whose behalf the application for certification was brought as the bargaining agent of the employees in the bargaining unit under clause (13) (a), it shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas;
(c) if the Board directs that a representation vote be taken and more than 50 per cent of the ballots cast in the representation vote are cast in favour of the trade unions on whose behalf the application was brought, the Board shall certify the trade unions as the bargaining agent of the employees in the bargaining unit and shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas; and
(d) if the Board dismisses the application for certification under clause (14) (e), the Board shall not consider another application for certification by the employee bargaining agency or the affiliated bargaining agent or agents to certify the trade unions as bargaining agent for the employees in the bargaining unit until one year after the dismissal.
Same
(25) For the purposes of subsection (24), the terms "affiliated bargaining agent" and "employee bargaining agency" have the same meanings as in subsection 151 (1).
Transition
(26) This section applies in respect of applications made on or after the day section 8 of the Labour Relations Statute Law Amendment Act, 2005 comes into force.
9. Section 150.1 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule J, section 4, sections 150.2 and 150.2.1 of the Act, as enacted by 2002, chapter 18, Schedule J, section 4, and section 150.3 of the Act, as enacted by 2000, chapter 24, section 3, are repealed and the following substituted:
Residential Sector
of the Construction Industry
Interpretation
Geographic area of application of ss. 150.2 to 150.4
150.1 (1) Sections 150.2, 150.3 and 150.4 apply only with respect to the geographic areas of jurisdiction of the following municipalities:
1. The City of Toronto.
2. The Regional Municipality of Halton.
3. The Regional Municipality of Peel.
4. The Regional Municipality of York.
5. The Regional Municipality of Durham.
6. The Corporation of the County of Simcoe.
Definition
(2) In sections 150.2, 150.3 and 150.4,
"residential work" means work performed in the residential sector of the construction industry.
Deemed expiry of collective agreements
Collective agreements in existence before April 30, 2007
150.2 (1) A collective agreement between an employer or employers' organization and a trade union or council of trade unions that applies with respect to residential work shall be deemed to expire with respect to residential work on April 30, 2007 if,
(a) it is in effect on May 1, 2005, or it comes into effect after May 1, 2005 but before April 30, 2007; and
(b) it is to expire on a date other than April 30, 2007.
First contracts in existence on or after April 30, 2007
(2) A first collective agreement that applies with respect to residential work and comes into effect on or after April 30, 2007 shall be deemed to expire with respect to residential work on the next April 30, calculated triennially from April 30, 2007.
Renewal and replacement agreements
(3) Every collective agreement that is a renewal or replacement of a collective agreement to which subsection (1) or (2) applies, or of a collective agreement to which this subsection applies, shall be deemed to expire with respect to residential work on the next April 30, calculated triennially from April 30, 2010.
No extension permitted
(4) The parties to a collective agreement described in subsection (1), (2) or (3) may not agree to continue the operation of that agreement with respect to residential work beyond the relevant expiry date and any renewal provision in a collective agreement that purports to do so shall be deemed to be void.
Notice of desire to bargain
(5) A notice of desire to bargain for the renewal or replacement of a collective agreement to which subsection (1), (2) or (3) applies may be given on or after January 1 in the year of expiry.
Application of subss. (1) to (3)
(6) Subsections (1), (2) and (3) apply even if the collective agreement would have a term of less than one year as a result.
Collective agreements not affected re other work
(7) Nothing in this section shall be interpreted to affect the validity of a collective agreement to which this section applies with respect to work other than residential work performed in the geographic areas described in subsection 150.1 (1).
Prohibition, strikes and lockouts
Strike
150.3 (1) No individual represented by a trade union or council of trade unions that is seeking to renew or replace a collective agreement that expires on April 30 in a given year according to section 150.2 shall commence or continue a strike after June 15 of that year with respect to residential work.
Calling strike
(2) No trade union or council of trade unions that is seeking to renew or replace a collective agreement that expires on April 30 in a given year according to section 150.2 shall call or authorize a strike or the continuation of a strike after June 15 of that year with respect to residential work.
Lock-out
(3) No employer or employers' organization that is seeking to renew or replace a collective agreement that expires on April 30 in a given year according to section 150.2 shall commence or continue a lock-out after June 15 of that year with respect to residential work.
Calling lock-out
(4) No employer or employers' organization that is seeking to renew or replace a collective agreement that expires on April 30 in a given year according to section 150.2 shall call or authorize a lock-out or the continuation of a lock-out after June 15 of that year with respect to residential work.
Arbitration
150.4 (1) Subject to subsection (2), either party to negotiations for the renewal or replacement of a collective agreement that expires on April 30 in a given year according to section 150.2 may, by notice given in accordance with subsection (4), require that the matters in dispute between them be decided by arbitration.
Restriction
(2) A party shall not give notice under subsection (1) until the later of,
(a) the day on which a strike or lock-out would have been legal had it not been for section 150.3; and
(b) June 15 of the year in which the collective agreement that is being renewed or replaced expires.
Exception
(3) Despite subsection (2), notice under subsection (1) may be given at any time after April 30 of the relevant year if,
(a) notice of desire to bargain has been given; and
(b) both parties agree that notice may be given under subsection (1).
Notice
(4) The notice shall be given in writing to the other party and to the Minister.
Effect of notice
(5) If notice is given under subsection (1),
(a) the parties may jointly appoint an arbitrator or either party may request the Minister in writing to appoint an arbitrator;
(b) if subsection (3) applies,
(i) the Minister shall not appoint a conciliation officer, a conciliation board or a mediator, and
(ii) the appointment of any previously appointed conciliation officer, conciliation board or mediator shall be deemed to be terminated; and
(c) subject to subsection (6), all terms and conditions of employment and all rights, privileges and duties that existed under the collective agreement that expired on April 30 of the relevant year shall apply with respect to the employer, the trade union and the employees, as the case may be, during the period beginning on the day on which notice was given and ending on the day,
(i) the collective agreement is renewed or replaced, or
(ii) the right of the trade union to represent the employees is terminated.
Exception
(6) The employer and the trade union may agree to alter a term or condition of employment or a right, privilege or duty referred to in clause (5) (c).
Minister to appoint arbitrator
(7) Upon receiving a request under clause (5) (a), the Minister shall appoint an arbitrator.
Replacement
(8) If the arbitrator who is appointed is unable or unwilling to perform his or her duties, a new arbitrator shall be appointed in accordance with subsections (5) and (7).
Appointment and proceedings not to be questioned
(9) The appointment of a person as an arbitrator under this section shall be conclusively presumed to have been properly made, and no application shall be made to question the appointment or to prohibit or restrain any of the arbitrator's proceedings.
Fees and expenses
(10) Each party shall pay one-half of the arbitrator's fees and expenses.
Arbitration method and procedure
(11) If the parties do not agree on the method of arbitration or the arbitration procedure, the method or procedure, as the case may be, shall be as prescribed by the regulations.
Non-application of Arbitration Act, 1991
(12) The Arbitration Act, 1991 does not apply to an arbitration under this section.
Regulations
(13) The Lieutenant Governor in Council may make regulations,
(a) prescribing a method of arbitration, which may be mediation-arbitration, final offer selection or any other method of arbitration;
(b) prescribing an arbitration procedure;
(c) prescribing the powers of an arbitrator;
(d) prescribing a scale of fees and expenses allowable to arbitrators with respect to their duties under this section and limiting or restricting the application of those fees or expenses;
(e) providing a procedure for the review and determination of disputes concerning the fees and expenses charged or claimed by an arbitrator;
(f) 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;
(g) providing for the circumstances under which the jurisdiction of the arbitrator may be limited where the parties have agreed to some of the matters in dispute;
(h) prescribing time limits for the commencement of arbitration proceedings or for the rendering of the arbitrator's decision and providing for the extension of those time limits;
(i) requiring the parties to prepare and execute documents giving effect to the arbitrator's decision, requiring the arbitrator to prepare those documents if the parties fail to do so and providing for the deemed execution of the documents if either or both of the parties do not execute them.
Meetings at Director's discretion
150.5 (1) The Director of Labour Management Services may, at his or her discretion, convene meetings of representatives of employers or employers' organizations and of trade unions or councils of trade unions to discuss matters of interest relating to collective bargaining and labour relations in the residential sector of the construction industry.
Same
(2) In deciding when and whether to convene a meeting under subsection (1), the Director may consider whether a meeting is necessary or would be beneficial and may consider a request made by a representative.
Selection
(3) The representatives invited to attend a meeting convened under subsection (1) shall be selected by the Director of Labour Management Services in his or her sole discretion.
Continued application of former provisions
150.6 (1) Former subsections 150.2 (1) to (17), as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule J, section 4, continue to apply, despite their repeal by former subsection 150.2 (18) on April 30, 2005, for the purposes of any arbitration proceedings commenced under that former section 150.2 that are not completed on May 1, 2005.
Same
(2) Former subsections 150.2 (1) to (17), as enacted by the Statutes of Ontario, 2000, chapter 24, section 3, continue to apply, despite their repeal on April 30, 2002, for the purposes of any arbitration proceedings commenced under that former section 150.2 that were not completed before April 30, 2002.
10. Subsection 151 (1) of the Act, as amended by the Statutes of Ontario, 2000, chapter 24, section 4, is amended by striking out "152 to 168" and substituting "153 to 168".
11. Section 159 of the Act, as amended by the Statutes of Ontario, 2000, chapter 38, section 32, is amended by adding the following subsection:
Election under s. 128.1
(3) This section does not apply when an application for certification is being dealt with under section 128.1.
12. (1) Subsection 160 (1) of the Act is amended by adding "Subject to section 11.1" at the beginning.
(2) Section 160 of the Act, as amended by the Statutes of Ontario, 2000, chapter 38, section 33, is amended by adding the following subsection:
Remedial certification
(2) If the Board certifies the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit under clause 11 (2) (c), the Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.
(3) Section 160 of the Act, as amended by the Statutes of Ontario, 2000, chapter 38, section 33, is amended by adding the following subsection:
Election under s. 128.1
(4) This section does not apply when an application for certification is being dealt with under section 128.1.
Ambulance Services
Collective Bargaining Act, 2001
13. Subsections 20 (5) and (6) of the Ambulance Services Collective Bargaining Act, 2001 are repealed and the following substituted:
Minister's discretion
(5) In appointing an arbitrator or replacement arbitrator, the Minister shall appoint a person who is, in the opinion of the Minister, qualified to act.
Economic Development and
Workplace Democracy Act, 1998
14. Section 23 of the Economic Development and Workplace Democracy Act, 1998 is repealed.
Commencement and Short Title
Commencement
15. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Section 9 is deemed to have come into force on May 1, 2005.
Short title
16. The short title of this Act is the Labour Relations Statute Law Amendment Act, 2005.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 144 and does not form part of the law. Bill 144 has been enacted as Chapter 15 of the Statutes of Ontario, 2005.
The Bill amends the Labour Relations Act, 1995, the Ambulance Services Collective Bargaining Act, 2001 and the Economic Development and Workplace Democracy Act, 1998.
Labour Relations Act, 1995
Section 1 of the Bill amends subsection 7 (7) of the Labour Relations Act, 1995 to provide that the right of a trade union to apply for certification under section 7, currently subject to the bars set out in subsection 10 (3), section 67 and subsection 160 (3), is in addition subject to the bars set out in new sections 11.1 and 128.1.
Section 2 of the Bill replaces section 11 of the Act and adds sections 11.1 and 11.2. Sections 11 and 11.1 provide that the Ontario Labour Relations Board may, in certain circumstances, order that a representation vote or another representation vote be taken. The Board may do anything to ensure that the representation vote reflects the true wishes of the employees in the bargaining unit. If no other remedy would be sufficient to remedy a contravention of the Act, the Board may certify a trade union (in the context of an employer contravention) or dismiss an application for certification (in the context of a trade union contravention). Section 11.1 also provides for a mandatory one-year certification bar against a trade union whose application is dismissed under that section. Section 11.2 deals with transitional matters.
Section 3 of the Bill amends subsections 12 (1) and (3) of the Act to refer to new section 128.1 of the Act (added by section 8 of the Bill).
Sections 4 and 5 of the Bill repeal subsection 63 (16.1) and section 63.1 of the Act, which deal with the preparation and posting of documents concerning decertification information.
Section 6 of the Bill repeals section 92.1 of the Act, which deals with trade union salary disclosure.
Section 98 of the Act authorizes the Ontario Labour Relations Board to make interim orders concerning procedural matters. Section 7 of the Bill rewrites section 98 to give the Board, in addition, authority to make interim orders to reinstate employees and interim orders respecting altered terms and conditions of employment or measures of reprisal, penalty or discipline. The exercise of this authority is subject to specified conditions and restrictions.
New section 128.1 of the Act, added by section 8 of the Bill, applies in the construction industry and allows a trade union applying for certification to elect to have the application dealt with on the basis of a "card-based certification" model. In that case, if the Board is satisfied that more than 55 per cent of the employees are members, it may certify the trade union or direct a representation vote. If the Board is satisfied that the level is 40 per cent or more, but not more than 55 per cent, it shall direct a representation vote. If the level is below 40 per cent, the Board shall dismiss the application. The Board may also dismiss the application if, as a result of contraventions of the Act by the trade union, the trade union's membership evidence does not likely reflect the true wishes of employees.
Sections 150.1 to 150.3 of the Act currently provide a temporary bargaining and dispute resolution regime, according to a three-year bargaining cycle, for the residential sector of the construction industry in Toronto and the surrounding area. Section 9 of the Bill makes the regime and three-year bargaining cycle permanent for this sector and geographic region.
Section 10 of the Bill amends subsection 151 (1) of the Act to delete a reference to a previously repealed section.
Section 11 and subsection 12 (3) of the Bill amend sections 159 and 160 of the Act to clarify that those sections do not apply when an application for certification is being dealt with under new section 128.1 of the Act.
Subsection 12 (1) of the Bill amends subsection 160 (1) of the Act to clarify that new section 11.1 of the Act also applies to the industrial, commercial and institutional sector of the construction industry.
Subsection 12 (2) of the Bill amends section 160 of the Act by adding a new subsection that applies where an application for certification is brought in the industrial, commercial and institutional sector of the construction industry and the Board certifies the trade unions on whose behalf the application is brought as a result of employer contraventions of the Act. The subsection requires that the Board issue one certificate confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors of the industry in the appropriate geographic area or areas.
Ambulance Services Collective Bargaining Act, 2001
Section 13 of the Bill amends section 20 of the Ambulance Services Collective Bargaining Act, 2001, which deals with the Minister's discretion to appoint an arbitrator.
Economic Development and Workplace Democracy Act, 1998
Section 14 of the Bill repeals section 23 of the Economic Development and Workplace Democracy Act, 1998, which dealt with a transitional issue under that Act.
Section 15 of the Bill deals with commencement. Section 9 of the Bill is deemed to have come into force on May 1, 2005, and the rest of the Bill comes into force on Royal Assent.