Bill 71 2010

An Act to amend the Labour Relations Act, 1995 to increase the rights of members of trade unions and the duty of trade unions to disclose financial information

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.  (1)  Subsection 11 (2) of the Labour Relations Act, 1995 is amended by adding "or" at the end of clause (a) and by striking out clause (c).

   (2)  Subsection 11 (3) of the Act is amended by striking out "or subsection 10 (2)".

   2.  Clause (a) of the definition of "regular union dues" in subsection 47 (2) of the Act is repealed and the following substituted:

  (a)  in the case of an employee who is a member of the trade union, that part of the dues uniformly and regularly paid by a member of the trade union in accordance with the constitution and by-laws of the trade union that relates to,

           (i)  bargaining by the trade union for a collective agreement,

          (ii)  the payment of any pension, superannuation, sickness insurance or other benefit available only to members of the trade union,

         (iii)  the exercise by the trade union of any power or duty under this Act, or

         (iv)  any other matter prescribed by the regulations made under this Act,

but not any amount of the dues that relates to any other purpose, such as donations to political parties, unless the employee has specifically authorized the trade union in writing to include that amount in the part of the dues described in this clause, and

   3.  The Act is amended by adding the following section:

Disclosure of financial information

   92.1  (1)  Every trade union that is party to a collective agreement shall, within 30 days after the end of its fiscal year, file with the Minister a statement setting out,

  (a)  the total of all dues payable to it by employees in the bargaining unit to which the collective agreement applies;

  (b)  the total of all expenses incurred by the trade union during the year;

   (c)  a breakdown of each expense that forms part of the total described in clause (b) and that is for an amount equal to or greater than $5,000 showing,

           (i)  the name of the individual who incurred the expense,

          (ii)  the total amount of the expense,

         (iii)  the date that the expense was incurred,

         (iv)  a description of the expense and the purpose of it, and

          (v)  all other information prescribed by the regulations made under this Act with respect to the expense.

Publication

   (2)  The Minister shall publish the statement on the website that the Minister maintains on the Internet.

Copy to members

   (3)  A trade union that is required to file a statement under subsection (1) shall, upon the request of any member, furnish the member, without charge, with a copy of the statement.

   4.  Section 125 of the Act is amended by adding the following clauses:

(l.4)  prescribing matters for the purpose of subclause (a) (iv) of the definition of "regular union dues" in subsection 47 (2) and amounts that are not to be included in clause (a) of that definition;

(l.5)  prescribing information for the purpose of subclause 92.1 (1) (c) (v);

   5.  (1)  Subsection 128.1 (9) of the Act is amended by striking out "directed under clause (13) (b)".

   (2)  Subsections 128.1 (12) and (13) of the Act are repealed and the following substituted:

Board shall direct representation vote

   (12)  If the Board is satisfied that at least 40 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.

   (3)  Clause 128.1 (21) (a) of the Act is amended by striking out "(7), (12) or (13)" and substituting "(7) or (12)".

   (4)  Clause 128.1 (21) (b) of the Act is amended by striking out "or clause (13) (b)".

   (5)  Subsection 128.1 (23) of the Act is amended by striking out "or clause (13) (b)" at the end.

   (6)  Clause 128.1 (24) (b) of the Act is repealed.

Commencement

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

Short title

   7.  The short title of this Act is the Defending Employees' Rights Act, 2010.

EXPLANATORY NOTE

The Bill amends the Labour Relations Act, 1995 to prohibit the Ontario Labour Relations Board from certifying a trade union as the bargaining agent of the employees in a bargaining unit unless a representation vote by the employees is held.

The amount that a collective agreement between an employer and a trade union can require the employer to deduct from the wages of each employee in the unit affected by the collective agreement is limited to that part of the employee's regular union dues that relates to collective bargaining, and does not include any amount that relates to any other purpose unless the employee specifically authorizes the trade union to include that amount in the deduction.

The Bill requires a trade union that is a party to a collective agreement to file a yearly statement with the Minister setting out the dues that are payable to it under the agreement and particulars of its expenses incurred during the year, with a breakdown given of expenses of $5,000 or more. The Minister is required to post the statement on the Ministry's website on the Internet and the trade union is required to make a copy of the statement to its members upon request.