Bill 85 2012

An Act to amend the Labour Relations Act, 1995 to increase the rights of members of trade unions with respect to the 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 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), by striking out "or" at the end of clause (b) and by striking out clause (c).

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

   2.  (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   (2)  Subsections 128.1 (12) and (13) of the Act are repealed and the following substituted: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   (6)  Clause 128.1 (24) (b) of the Act is repealed.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

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

Short title

   4.  The short title of this Act is the Defending Employees' Rights Act (Certification of Trade Unions), 2012.

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 is held among the employees.