Bill 248 2010

An Act to amend the Labour Relations Act, 1995

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

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

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

Transferred work

Application of section

   15.1  (1)  This section applies where a trade union or council of trade unions has been certified or recognized as the bargaining agent of employees of an employer in a bargaining unit, or where an employer has entered into a collective agreement with a trade union or council of trade unions recognizing the trade union or council as the bargaining agent of employees in a bargaining unit, and the union's or council's bargaining rights have not been terminated.

Employees included in bargaining unit if work transferred

   (2)  If an employer described in subsection (1) transfers work performed by members of the bargaining unit to a different geographic location or to a related employer and after the transfer, the transferred work is performed by employees of the employer or a related employer, then the employees performing the transferred work shall be deemed to be members of the bargaining unit from which the work was transferred, provided that no other trade union has bargaining rights for the employees.

Employer shall recognize union and be bound by collective agreement

   (3)  Where employees performing transferred work are deemed under subsection (2) to be members of a bargaining unit, the employer and any related employer shall  recognize the trade union as the exclusive bargaining agent of the employees and, unless the Board declares otherwise, shall be bound by the collective agreement applying to the employees performing the transferred work.

Application for exemption

   (4)  A transferor employer, transferee employer or related employer may apply to the Board for a declaration that compelling labour relations considerations justify exempting the related employer from the requirements in subsection (3) to recognize the trade union as the exclusive bargaining agent of the employees and to be bound by the collective agreement applying to the employees performing the transferred work.

Hearing re application for exemption

   (5)  The Board shall hold a hearing for the purpose of determining an application under subsection (4), and the employer and the related employer, if any, shall present at the hearing all facts within their knowledge that are material to the issues in dispute.

Decision re application for exemption

   (6)  After considering an application under subsection (4) and the evidence presented at a hearing, the Board may,

  (a)  make the declaration described in subsection (4);

  (b)  determine whether the transferred employees constitute one or more appropriate bargaining units;

   (c)  amend, to such extent as the Board considers necessary, any certificate issued to any trade union or council of trade unions; and

  (d)  amend any bargaining unit defined in any collective agreement.

Related employer

   (7)  For the purposes of this section, a related employer is any corporation, individual, firm, syndicate or association who, in the opinion of the Board, carries on business, whether directly or indirectly, under common control or direction with the employer who transferred the bargaining unit work.

Commencement

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

Short title

   3.  The short title of this Act is the Labour Relations Amendment Act, 2010.

EXPLANATORY NOTE

The Bill amends the Labour Relations Act, 1995 to add a section providing that when work performed by employees represented by a bargaining agent is transferred to another location of the employer or to a related employer, the employees performing the transferred work are deemed to be included in the same bargaining unit, provided that they are not already represented by a bargaining agent.