Bill 68 2008

An Act to amend the Colleges Collective Bargaining Act with respect to part-time staff

Note: This Act amends the Colleges Collective Bargaining Act.  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.  The Colleges Collective Bargaining Act is amended by adding the following section:

Additions to bargaining unit

   67.1  (1)  If the Schedules are amended to expand the composition of a bargaining unit to include an additional class of employees, any agreement that applied with respect to the employees who were members of the bargaining unit immediately before the expansion continues to apply with respect to those employees until the end of the term of the agreement.

Agreement not to apply

   (2)  The agreement, throughout its term, does not apply to the added class of employees.

Where no agreement

   (3)  If at the time of the amendment no agreement is in place, the added class shall be entitled to participate in any process set out in this Act and to exercise any right conferred by this Act, subject to the regulations made under this Act.

Bargaining agent representation

   (4)  From the first time after the expansion of the bargaining unit that an employee organization applies pursuant to section 66 for bargaining rights as bargaining agent, or that either party gives written notice of its desire to negotiate with a view to a renewal of an agreement, the employee organization or bargaining agent shall represent all members of the bargaining unit, including the employees in the added class.

Terms and conditions of employment continue

   (5)  The terms and conditions of employment of an employee of the added class at the time of the amendment are the terms and conditions of his or her contract of employment as it may be amended from time to time until an agreement is in place.

   2.  Part IX of the Act is amended by adding the following section:

Regulations

   82.1  The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable for the effective implementation of the Colleges Collective Bargaining Amendment Act, 2008, or to facilitate the transition when a Schedule is amended to add a class of employees to a bargaining unit.

   3.  Clauses (vi), (vii) and (viii) of Schedule 1 to the Act are repealed.

   4.  Clauses (vi) and (ix) of Schedule 2 to the Act are repealed.

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 Colleges Collective Bargaining Amendment Act, 2008.

EXPLANATORY NOTE

The Bill amends the Colleges Collective Bargaining Act to include part-time staff in staff bargaining units. Under the present Act, part-time workers are not included in the bargaining units and have no right to bargain collectively with employers.