Bill 65 2008

An Act to amend the Labour Relations Act, 1995 with respect to certification of trade unions

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 on 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.  Section 8 of the Labour Relations Act, 1995 is repealed and the following substituted:

Certification of trade union

   8.  (1)  On receiving an application for certification from a trade union, the Board shall determine, as of the date on which the application is made and on the basis of the information provided in the application or the accompanying information mentioned in subsection 7 (13),

  (a)  what constitutes the bargaining unit; and

  (b)  the percentage of employees in the bargaining unit who are members of the trade union.

Information from employer

   (2)  Within two days (excluding Saturdays, Sundays and holidays) after receiving a request from the Board, 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 on which the application is made; and

  (b)  if the employer gives the Board a written description of the bargaining unit that the employer proposes under subsection 7 (14), the names of the employees in that proposed bargaining unit, as of the date on which the application is made.

Other evidence and submissions

   (3)  Nothing in subsection (2) 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.

Response to application

   (4)  Upon receiving an application for certification, the Board shall,

  (a)  direct that a representation vote be taken, if it 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 on which the application is made; and

  (b)  direct that a representation vote be taken or 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 in the bargaining unit are members of the trade union on the date on which the application is made.

Hearing

   (5)  The Board may hold a hearing if it considers it necessary in order to make a decision whether to certify the trade union as the bargaining agent of the employees in the bargaining unit.

Dismissal, insufficient membership

   (6)  Subject to section 11, the Board shall not certify the trade union as the 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 on which the application is made.

Dismissal for contravention

   (7)  If the trade union or person acting on behalf of the trade union contravenes this Act and, as a result, the Board is satisfied that the membership evidence provided in the application for certification or in the accompanying information mentioned in subsection 7 (13) does not likely reflect the true wishes of the employees in the bargaining unit, the Board may, on the application of an interested person, dismiss the application if no other remedy, including a representation vote, would be sufficient to counter the effects of the contravention.

Bar to reapplying

   (8)  If the Board dismisses an application for certification under subsection (7), the Board shall not consider another application for certification by the trade union as the bargaining agent for any employee who was in the bargaining unit proposed in the original application until the first anniversary of the date of the dismissal.

Exception

   (9)  Despite subsection (8), 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 that the original application was made is different from his or her position at the time that the new application is made; and

  (b)  the employee would not be in the bargaining unit proposed in the new application if he or she were still occupying the original position at the time that the new application is made.

Representation vote

   (10)  If the Board directs that a representation vote be taken,

  (a)  the vote shall be held within five days (excluding Saturdays, Sundays and holidays) after the day on which the Board makes the direction unless the Board directs otherwise;

  (b)  the vote shall be by ballots cast in a manner that individuals expressing their choice cannot be identified with the choice made; and

   (c)  the Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until the time that the Board directs.

Response to representation vote

   (11)  Subject to sections 11, 11.1 and 11.2, after a representation vote, the Board,

  (a)  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 in the representation vote by the employees in the bargaining unit are cast in favour of the trade union; and

  (b)  shall not certify the trade union as the 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.

Transition

   (12)  This section, as it read immediately before the day on which the Labour Relations Amendment Act (Certification), 2008 came into force, continues to apply to applications for certification as bargaining agent that a trade union makes to the Board before that day.

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 (Certification), 2008.

 

EXPLANATORY NOTE

The Bill amends the Labour Relations Act, 1995 to allow the Ontario Labour Relations Board to certify a trade union as the bargaining agent of the employees in a bargaining unit, without directing a representation vote, 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 date on which the application is made. Under the present Act, a representation vote is required in those circumstances.

Also, the Board may hold a hearing when considering an application for certification, whereas, under the present Act, the Board is not allowed to hold a hearing in those circumstances.