[40] Bill 113 Original (PDF)
Bill 113 2012
An Act to amend the Labour Relations Act, 1995 with respect to binding arbitration
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 sections:
Application of sections
43.1 Sections 43.2 to 43.4 apply to all collective agreements except those entered into between parties whose collective bargaining rights are governed, in whole or in part, by one of the following Acts:
1. Ambulance Services Collective Bargaining Act, 2001.
2. Colleges Collective Bargaining Act, 2008.
3. Crown Employees Collective Bargaining Act, 1993.
4. Education Act.
5. Fire Protection and Prevention Act, 1997.
6. Hospital Labour Disputes Arbitration Act.
7. Ontario Colleges of Applied Arts and Technology Act, 2002.
8. Ontario Provincial Police Collective Bargaining Act, 2006.
9. Police Services Act.
10. Provincial Schools Negotiations Act.
11. Public Service of Ontario Act, 2006.
Application for subsequent agreement arbitration
43.2 (1) Where a collective agreement has expired and a strike or lock-out has commenced, either party to the expired agreement may apply in writing to the Board to direct the settlement of the provisions of a new collective agreement by arbitration if,
(a) at least 180 days have elapsed since the strike or lock-out commenced;
(b) the parties have attempted to make a new collective agreement with the assistance of a conciliation officer or a mediator for at least 30 days during the period of the strike or lock-out; and
(c) the parties have not concluded a new collective agreement.
Notice
(2) The Board shall promptly notify the parties when it receives an application.
Inquiry into bargaining
(3) On receiving an application, the Board shall inquire into negotiations between the parties and shall determine,
(a) whether the parties are bargaining in good faith in accordance with section 17; and
(b) whether the parties are likely to conclude a new collective agreement within 30 days if they continue bargaining.
Determination within 21 days
(4) Subject to subsection (5), the Board shall notify the parties of its determination under subsection (3) within 21 days after it has notified the parties of the application, regardless of whether there has been a complaint filed with the Board about a party not bargaining in good faith.
Exception
(5) The Board may delay making a determination under subsection (3) until it is satisfied that the party making the application has bargained sufficiently and seriously with respect to the provisions of the collective agreement that are in dispute between the parties.
Circumstances where Board shall decline to direct settlement
(6) If the Board determines under subsection (3) that the parties are bargaining in good faith and are likely to conclude a new collective agreement within 30 days if they continue bargaining, the Board shall decline to direct the settlement of the provisions of a new collective agreement between the parties by arbitration and shall notify the parties accordingly.
Appointment of labour relations officer or mediator
(7) If the Board declines to direct the settlement of the provisions of a new collective agreement by arbitration under subsection (6), the Board may,
(a) appoint a labour relations officer to confer with the parties and endeavour to settle the provisions of a new collective agreement; or
(b) request that the Minister appoint a mediator to confer with the parties and endeavour to settle the provisions of a new collective agreement.
New application
(8) If 30 days have elapsed since the Board notified the parties under subsection (6) and the parties have failed to enter into a collective agreement, either party may make a new application under subsection (1).
Transition
(9) A party is entitled to apply under subsection (1) if the conditions set out in clauses (1) (a), (b) and (c) are met on or after the day the Labour Relations Amendment Act (Binding Arbitration), 2012 receives Royal Assent, even if the strike or lock-out commenced before that day or the attempts described in clause (1) (b) ended before that day.
Subsequent agreement arbitration
43.3 (1) If the Board determines under subsection 43.2 (3) that the party making an application under subsection 43.2 (1) is bargaining in good faith and that a new collective agreement is unlikely to be entered into within 30 days if the parties continue to bargain, the Board shall notify the parties of its determination and shall direct the settlement of the provisions of a new collective agreement by arbitration.
Settlement by private arbitration
(2) Within 10 days after the Board notifies the parties of its determination and gives a direction under subsection (1), the parties may serve a joint notice on the Board stating that they wish to have the provisions of a new collective agreement settled by private arbitration, and the board of arbitration established under subsections (3) and (4) shall determine all matters in dispute.
Private arbitration
(3) Within 10 days after serving the joint notice under subsection (2), each party shall inform the other party of the name of its appointee to the board of arbitration and the appointees so selected, within five days of the appointment of the second of them, shall appoint a third person who shall be the chair.
Same
(4) If a party fails to make an appointment as required by subsection (3) or if the appointees fail to agree on a chair within the time limited, the appointment shall be made by the Minister on the request of either party.
Settlement by Board
(5) If no joint notice is served under subsection (2), the Board shall appoint a date for and commence a hearing within 21 days after the time period mentioned in that subsection and the Board shall determine all matters in dispute.
Effect of direction on strike or lock-out
(6) If a direction has been given under subsection (1), the employees shall forthwith terminate the strike or the employer shall forthwith terminate the lock-out and the employer shall forthwith reinstate the employees in the bargaining unit in the employment they had at the time the strike or lock-out commenced,
(a) in accordance with any agreement between the employer and the trade union respecting reinstatement of the employees in the bargaining unit; or
(b) where there is no agreement respecting reinstatement of the employees in the bargaining unit, on the basis of the length of service of each employee in relation to that of the other employees in the bargaining unit employed at the time the strike or lock-out commenced, except as may be directed by an order of the Board made for the purpose of allowing the employer to resume normal operations.
Working conditions not to be altered
(7) If a direction has been given under subsection (1), the rates of wages and all other terms and conditions of employment and all rights, privileges and duties of the employer, the employees and the trade union in effect at the time notice was given under section 59 shall continue in effect, or, if altered before the giving of the direction, be restored and continued in effect until the provisions of the new collective agreement are settled.
Timing of settlement
(8) The provisions of the new collective agreement shall be settled,
(a) in the case of a settlement by a board of arbitration under subsection (2), within 45 days after notice is served on the Board under that subsection; or
(b) in the case of a settlement by the Board under subsection (5), within 45 days after the Board's direction under subsection (1).
Application of provisions
(9) The following provisions apply with necessary modifications to arbitrations carried out under this section:
1. Clause 43 (4) (a).
2. Subsections 43 (5), (8), (9), (10), (11), (15), (17), (18), (20) and (26).
3. Subsections 48 (12) and (18).
Effect of settlement
(10) A collective agreement settled under this section is effective for a period of two years from the date on which it is settled and it may provide that any of the terms of the agreement shall be retroactive to the day that the Board may fix, but not earlier than the day on which the previous collective agreement expired.
Review
43.4 (1) The Board shall review the operation of sections 43.2 and 43.3 at least once every two years after those sections come into force and shall report the results of its review to the Minister.
Tabling
(2) The Minister shall table the report in the Assembly.
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 (Binding Arbitration), 2012.
EXPLANATORY NOTE
The Act amends the Labour Relations Act, 1995 to provide that where certain collective agreements have expired and a strike or lock-out has been in progress for more than 180 days, either party to the expired agreement may ask the Ontario Labour Relations Board to direct the settlement of the provisions of a new collective agreement by binding arbitration. The Board may only direct binding arbitration if the Board determines that the party making the application is bargaining in good faith and that a new collective agreement is unlikely to be concluded within 30 days of continued bargaining.
The Bill provides that when the Board notifies the parties of its direction to settle the provisions of a collective agreement, the employees shall forthwith terminate the strike or the employer shall forthwith terminate the lock-out. The employer is also required to reinstate the employees in the bargaining unit in accordance with the applicable provisions of the Act.