[40] Bill 122 Royal Assent (PDF)
Bill 122 2014
An Act respecting collective bargaining in Ontario's school system
CONTENTS
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Interpretation and Application |
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1. 2. 3. 4. |
Interpretation Definitions, etc. Application of this Act Application of the Labour Relations Act, 1995 |
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Bargaining Units |
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5. 6. 7. 8. 9. |
Teachers' bargaining units Combined teachers' bargaining units Bargaining units for other employees Management and excluded teachers Occasional teachers |
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Bargaining Agents |
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10. 11. |
Bargaining agents for teachers Bargaining agents for other employees |
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Framework for Central and Local Bargaining |
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12. 13. 14. 15. 16. 17. 18. |
Central and local bargaining Parties to central bargaining Parties to local bargaining Role of employer bargaining agency Duty of fair representation, employer bargaining agency Role of employee bargaining agency Crown's participation in central bargaining |
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Representatives for Central Bargaining |
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19. 20. 21. 22. |
Employee bargaining agencies for teachers Employee bargaining agencies for other employees Employer bargaining agencies Substitution if employer bargaining agency unable, etc., to act |
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Central Tables |
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23. |
Central tables |
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Scope of Central and Local Bargaining |
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24. 25. 26. 27. 28. |
Scope of central bargaining Denominational rights and privileges Linguistic rights and privileges Scope of local bargaining Negotiations about scope of central bargaining |
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Negotiations |
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29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. |
Central bargaining and the Labour Relations Act, 1995 Local bargaining and the Labour Relations Act, 1995 Notice of desire to bargain, central and local bargaining Obligation to bargain, central and local bargaining Bargaining for a first collective agreement Strike or lock-out, central and local bargaining Definition of "strike" re: teachers' bargaining units Restriction, alteration of working conditions Vote on offer re: central terms Duty of arbitrators, etc., central bargaining Ratification of collective agreement, central and local bargaining |
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Collective Agreements |
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40. 41. 42. 43. |
Contents of collective agreements Term of operation Revision of provisions by mutual consent Grievance arbitration |
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General |
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44. 45. 46. |
Enforcement of this Act Complaints re: unlawful strike Conflicts and inconsistencies |
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Consequential Amendments |
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47. 48. 49. 50. 51. 52. 53. 54. |
Education Act Employment Standards Act, 2000 Fairness for Parents and Employees Act (Teachers' Withdrawal of Services), 1997 Labour Relations Act, 1995 Provincial Schools Negotiations Act Public Sector Compensation Restraint to Protect Public Services Act, 2010 Public Sector Labour Relations Transition Act, 1997 Teaching Profession Act |
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Commencement and Short Title |
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55. 56. |
Commencement Short title |
______________
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Interpretation and Application
Interpretation
1. (1) Expressions used in this Act relating to collective bargaining have the same meaning as in the Labour Relations Act, 1995, unless a contrary intention appears.
Same
(2) Expressions used in this Act relating to education and the school system have the same meaning as in the Education Act, unless a contrary intention appears.
Constitutional rights and privileges
(3) This Act and the Labour Relations Act, 1995 do not prejudicially affect any right or privilege guaranteed by section 93 of the Constitution Act, 1867 or by section 23 of the Canadian Charter of Rights and Freedoms, and every authority given by this Act and the Labour Relations Act, 1995 shall be exercised in a manner consistent with those rights and privileges.
Definitions, etc.
2. (1) In this Act,
"central table" means a central table established under section 23; ("table centrale")
"central terms" means, in relation to a collective agreement, the terms and conditions of the collective agreement that are determined through, or in connection with, central bargaining, if any; ("conditions négociées centralement")
"employee bargaining agency" means an entity designated under section 19 or 20 as an employee bargaining agency; ("organisme négociateur syndical")
"employer bargaining agency" means an entity designated under section 21 as an employer bargaining agency; ("organisme négociateur patronal")
"local terms" means, in relation to a collective agreement, the terms and conditions of the collective agreement that are not central terms; ("conditions négociées localement")
"Minister" means the Minister of Education or such other minister to whom the administration of this Act is assigned under the Executive Council Act; ("ministre")
"Provincial Schools Authority" means the Provincial Schools Authority continued by section 2 of the Provincial Schools Authority Act; ("Administration des écoles provinciales")
"school board" means a district school board and, unless the context requires otherwise, includes a school authority and the Provincial Schools Authority; ("conseil scolaire")
"teachers' bargaining unit" means a bargaining unit described in section 5; ("unité de négociation d'enseignants")
"trustees' association" means l'Association des conseils scolaires des écoles publiques de l'Ontario, l'Association franco-ontarienne des conseils scolaires catholiques, the Ontario Catholic School Trustees' Association or the Ontario Public School Boards' Association. ("association d'employeurs")
Local bargaining
(2) In this Act, local bargaining refers to collective bargaining between a school board and a bargaining agent for a collective agreement or, where both central and local bargaining are required, it refers to collective bargaining for local terms to be included in a collective agreement.
Central bargaining
(3) In this Act, central bargaining refers to collective bargaining between an employer bargaining agency and an employee bargaining agency for central terms to be included in a collective agreement between a school board and a bargaining agent.
School board as employer
(4) Nothing in this Act changes the status of a school board as the employer of its employees.
Application of this Act
3. (1) This Act applies to every school board in Ontario, to the bargaining agents that represent employees of those school boards and to the employees represented by those bargaining agents.
Same
(2) This Act applies to every employer bargaining agency and employee bargaining agency designated under this Act to represent school boards or employees for central bargaining purposes.
Exception, construction industry
(3) Despite subsection (1), this Act does not apply with respect to employees of a school board who are or become bound by a provincial agreement within the meaning of subsection 151 (1) of the Labour Relations Act, 1995 or with respect to a trade union that represents them for collective bargaining purposes.
Crown bound
(4) This Act binds the Crown.
Application of the Labour Relations Act, 1995
4. (1) The Labour Relations Act, 1995 applies with necessary modifications, and with the additional modifications set out in this Act, with respect to the entities to whom this Act applies.
Same, limited application to the Crown
(2) However, the Labour Relations Act, 1995 applies to the Crown only to the extent necessary to enable the Crown to exercise the Crown's rights and privileges and perform the Crown's duties under this Act. For all other purposes, subsection 4 (2) of that Act governs the application of that Act to the Crown.
Same re: related employers
(3) Without limiting the generality of subsection (2), subsection 1 (4) of the Labour Relations Act, 1995 does not apply to the Crown.
Same
(4) Under subsection 1 (4) of the Labour Relations Act, 1995, a school board cannot be treated as constituting one employer with a trustees' association.
Bargaining Units
Teachers' bargaining units
5. (1) Each district school board and each board established under section 68 of the Education Act has the following teachers' bargaining units:
1. Elementary school teachers' unit: One bargaining unit composed of every teacher, other than occasional teachers, who is assigned to one or more elementary schools or to perform duties in respect of such schools all or most of the time.
2. Elementary school occasional teachers' unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the board's roster of occasional teachers who may be assigned to an elementary school.
3. Secondary school teachers' unit: One bargaining unit composed of every teacher, other than occasional teachers, who is assigned to one or more secondary schools or to perform duties in respect of such schools all or most of the time.
4. Secondary school occasional teachers' unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the board's roster of occasional teachers who may be assigned to a secondary school.
Same, at certain school authorities
(2) Each school authority, other than a board established under section 68 of the Education Act, has the following teachers' bargaining units, as applicable:
1. French-language teachers' unit: One bargaining unit composed of every teacher, other than occasional teachers, who is assigned to teach pupils enrolled in a French-language instructional unit or to perform duties in respect of such instructional units all or most of the time.
2. French-language occasional teachers' unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the school authority's roster of occasional teachers who may be assigned to teach pupils enrolled in a French-language instructional unit.
3. English-language teachers' unit: One bargaining unit composed of every teacher, other than occasional teachers, who is not assigned to teach pupils enrolled in a French-language instructional unit or to perform duties in respect of such instructional units all or most of the time.
4. English-language occasional teachers' unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the school authority's roster of occasional teachers who may be assigned to teach pupils other than those enrolled in a French-language instructional unit.
Same, at the Provincial Schools Authority
(3) The Provincial Schools Authority has one teachers' bargaining unit composed of every teacher employed by the Authority and, for greater certainty, the bargaining unit does not include occasional teachers.
Appropriate teachers' bargaining units, deeming
(4) The teachers' bargaining units are deemed to be appropriate bargaining units.
Combined teachers' bargaining units
6. (1) Two or more teachers' bargaining units (the "predecessor bargaining units") may be combined to establish a single teachers' bargaining unit if the bargaining agent for each of the predecessor bargaining units is the same and if the school board and the bargaining agent agree.
Discontinuation
(2) A combined teachers' bargaining unit may be discontinued if the school board and the bargaining agent agree. In that case, the predecessor bargaining units are re-established.
Bargaining units for other employees
7. For employees of a school board who are not included in a teachers' bargaining unit, the bargaining units are determined under the Labour Relations Act, 1995.
Management and excluded teachers
8. Supervisory officers, principals and vice-principals are not eligible to be members of any bargaining unit of employees of a school board.
Occasional teachers
9. (1) An occasional teacher may be a member of more than one teachers' bargaining unit.
Same
(2) An occasional teacher is on a school board's roster of occasional teachers if he or she is on a list of occasional teachers maintained by a school operated by the board.
Same
(3) Upon request, a school board shall give a bargaining agent a copy of the roster and a principal of a school operated by the school board shall give a bargaining agent a copy of the list of occasional teachers maintained by the school.
Bargaining Agents
Bargaining agents for teachers
AEFO
10. (1) L'Association des enseignantes et des enseignants franco-ontariens is designated as the bargaining agent for employees in each of the following teachers' bargaining units, as described in section 5:
1. Every elementary school teachers' unit and elementary school occasional teachers' unit at a French-language district school board.
2. Every secondary school teachers' unit and secondary school occasional teachers' unit at a French-language district school board.
3. Every French-language teachers' unit and French-language occasional teachers' unit at a school authority other than a board established under section 68 of the Education Act.
ETFO
(2) The Elementary Teachers' Federation of Ontario is designated as the bargaining agent for employees in each of the following teachers' bargaining units, as described in section 5:
1. Every elementary school teachers' unit and elementary school occasional teachers' unit at an English-language public district school board.
2. Every elementary school teachers' unit and elementary school occasional teachers' unit at a board established under section 68 of the Education Act.
3. Every English-language teachers' unit and English-language occasional teachers' unit at a board of a district school area.
4. Every English-language teachers' unit and English-language occasional teachers' unit at a board of a Protestant separate school.
OECTA
(3) The Ontario English Catholic Teachers' Association is designated as the bargaining agent for employees in each of the following teachers' bargaining units, as described in section 5:
1. Every elementary school teachers' unit and elementary school occasional teachers' unit at an English-language separate district school board.
2. Every secondary school teachers' unit and secondary school occasional teachers' unit at an English-language separate district school board.
3. Every English-language teachers' unit and English-language occasional teachers' unit at a Roman Catholic school authority.
OSSTF
(4) The Ontario Secondary School Teachers' Federation is designated as the bargaining agent for employees in each of the following teachers' bargaining units, as described in section 5:
1. Every secondary school teachers' unit and secondary school occasional teachers' unit at an English-language public district school board.
2. Every secondary school teachers' unit and secondary school occasional teachers' unit at a board established under section 68 of the Education Act.
3. Every secondary school teachers' unit and secondary school occasional teachers' unit at a board of a secondary school district established under section 67 of the Education Act.
4. The teachers' bargaining unit at the Provincial Schools Authority.
Certification of bargaining agents, deeming
(5) Each bargaining agent designated by this section is deemed to be certified as the bargaining agent for the teachers' bargaining units indicated.
Same
(6) No trade union is entitled to apply for certification under the Labour Relations Act, 1995 as the bargaining agent for a teachers' bargaining unit.
Same
(7) No person is entitled to apply for a declaration under the Labour Relations Act, 1995 that a bargaining agent designated by this section no longer represents the members of the applicable teachers' bargaining unit.
Status of bargaining agent, deeming
(8) A bargaining agent designated by this section is deemed to be a trade union for the purposes of the Labour Relations Act, 1995.
Bargaining agents for other employees
11. For bargaining units of employees of a school board who are not teachers, the bargaining agents are determined under the Labour Relations Act, 1995.
Framework for Central and Local Bargaining
Central and local bargaining
12. (1) Collective bargaining for a collective agreement between a school board and a bargaining agent may include both central bargaining and local bargaining.
Mandatory central bargaining
(2) Central bargaining is mandatory if a central table is established for specified school boards and specified bargaining units.
Local bargaining
(3) In any other case, collective bargaining is undertaken through local bargaining alone.
Parties to central bargaining
13. (1) The parties to central bargaining at a central table are the applicable employer bargaining agency and employee bargaining agency.
Participation by the Crown
(2) The Crown is required to participate in central bargaining at each central table.
Parties to local bargaining
14. (1) The parties to local bargaining are the school board and the bargaining agent that represents the applicable bargaining unit of employees of the school board.
Same
(2) The Crown is not entitled to participate in local bargaining.
Role of employer bargaining agency
15. (1) An employer bargaining agency that represents specified school boards has exclusive authority,
(a) to represent the school boards during bargaining at a particular central table;
(b) to exercise all of the school boards' rights and privileges under the Labour Relations Act, 1995, and to perform all of their duties under that Act, in respect of central bargaining;
(c) to bind the school boards to the central terms of their collective agreements; and
(d) to exercise the rights and privileges and perform the duties described in sections 42 and 43.
Requirement for Crown consent
(2) Despite subsection (1), an employer bargaining agency cannot exercise the following rights and privileges under the Labour Relations Act, 1995 unless it has the prior consent of the Crown to do so:
1. Agree under subsection 40 (1) of that Act to refer matters to an arbitrator or board of arbitration for final and binding determination.
2. Authorize or require school boards to lock out employees.
3. In the circumstances described in clause 86 (1) (a) of that Act, alter the rates of wages, any other term of employment that is a central term or any right, privilege or duty of the school boards, the applicable bargaining agents or the employees relating to central bargaining.
4. Agree under section 86 of that Act with an employee bargaining agency to alter the rates of wages, any other term of employment that is a central term or any right, privilege or duty of the school boards, the applicable bargaining agents or the employees relating to central bargaining.
Same
(3) Subsection (2) applies with necessary modifications with respect to the Provincial Schools Authority when it is acting jointly with an employer bargaining agency as described in subsection 23 (6) for the purposes of central bargaining.
Duty of fair representation, employer bargaining agency
16. (1) An employer bargaining agency shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the school boards for which it is designated, whether or not the school boards are its members or, if it is a council, are members of an entity that is a council member.
Duty to co-operate
(2) An employer bargaining agency shall co-operate in good faith with the Crown in preparing for and conducting central bargaining.
Role of employee bargaining agency
17. An employee bargaining agency for specified bargaining units has exclusive authority,
(a) to represent employees in the applicable bargaining units during bargaining at a particular central table;
(b) to exercise all of the bargaining agents' rights and privileges under the Labour Relations Act, 1995, and to perform all of their duties under that Act, relating to central bargaining;
(c) to bind the employees, and their bargaining agents, to the central terms of their collective agreements; and
(d) to exercise the rights and privileges and perform the duties described in sections 42 and 43.
Crown's participation in central bargaining
18. (1) The Crown's authority to participate in central bargaining at a central table includes participation in the following activities:
1. Conciliation, if a conciliation officer is appointed under section 18 of the Labour Relations Act, 1995 or if a conciliation board is appointed under section 21 of that Act.
2. Mediation, if a mediator is appointed under section 19 of the Labour Relations Act, 1995 or is agreed upon by the parties at the central table.
3. The activities described in sections 37, 38 and 39 of the Labour Relations Act, 1995, if an industrial inquiry commission is appointed under section 37, a special officer is appointed under section 38 or a Disputes Advisory Committee is appointed under section 39, as the case may be.
4. Arbitration, if an arbitrator or board of arbitration is appointed under subsection 40 (1) of the Labour Relations Act, 1995.
Duty to co-operate
(2) The Crown shall co-operate in good faith with an employer bargaining agency in preparing for and conducting central bargaining.
Representatives for Central Bargaining
Employee bargaining agencies for teachers
19. Each of the following entities is designated as the employee bargaining agency for the employees in the teachers' bargaining units indicated:
1. L'Association des enseignantes et des enseignants franco-ontariens is the employee bargaining agency for all of the teachers' bargaining units for which it is the bargaining agent.
2. Elementary Teachers' Federation of Ontario is the employee bargaining agency for all of the teachers' bargaining units for which it is the bargaining agent.
3. The Ontario English Catholic Teachers' Association is the employee bargaining agency for all of the teachers' bargaining units for which it is the bargaining agent.
4. The Ontario Secondary School Teachers' Federation is the employee bargaining agency for all of the teachers' bargaining units for which it is the bargaining agent.
Employee bargaining agencies for other employees
Mandatory designation of trade union
20. (1) If all of the following conditions are met, the Minister shall, by regulation, designate a trade union as the employee bargaining agency, for a specified round of collective bargaining, for the employees in specified bargaining units that are not teachers' bargaining units:
1. The trade union must request the designation under this subsection.
2. The trade union must specify the bargaining units for which the designation is requested.
3. The designation must be requested for at least 15 specified bargaining units.
4. The specified bargaining units for which the designation is requested must comprise,
i. at least two-thirds of the bargaining units (that are not teachers' bargaining units) for which the trade union and its affiliated local trade unions are the bargaining agents, and
ii. at least two-thirds of the employees in all of the bargaining units (that are not teachers' bargaining units) for which the trade union and its affiliated local trade unions are the bargaining agents.
5. The Minister is satisfied that the trade union and its affiliated local trade unions are the bargaining agents for the specified bargaining units.
Permitted designation of entity
(2) If both of the following conditions are met, the Minister may, by regulation, designate an entity as the employee bargaining agency, for a specified round of collective bargaining, for the employees in specified bargaining units that are not teachers' bargaining units:
1. The Minister is satisfied that bargaining agents for all of the bargaining units to be represented at the applicable central table have vested in the entity appropriate authority enabling it to discharge the responsibilities of an employee bargaining agency.
2. Upon being designated, the entity would represent the employees in at least 15 bargaining units at the applicable central table.
Same, council
(3) For greater certainty, a council of trade unions may be designated as the employee bargaining agency for a particular central table.
Restriction
(4) An employee bargaining agency cannot be designated to represent employees in bargaining units that are established after the designation takes effect.
Employer bargaining agencies
21. (1) Each of the following is designated as the employer bargaining agency for the school boards and with respect to the bargaining units indicated:
1. L'Association des conseils scolaires des écoles publiques de l'Ontario is the employer bargaining agency for every French-language public district school board, with respect to all bargaining units other than teachers' bargaining units that are represented by l'Association des enseignantes et des enseignants franco-ontariens.
2. L'Association franco-ontarienne des conseils scolaires catholiques is the employer bargaining agency for every French-language separate district school board, with respect to all bargaining units other than teachers' bargaining units that are represented by l'Association des enseignantes et des enseignants franco-ontariens.
3. Ontario Catholic School Trustees' Association is the employer bargaining agency for every English-language separate district school board, with respect to all bargaining units.
4. Ontario Public School Boards' Association is the employer bargaining agency for every English-language public district school board and every board established under section 68 of the Education Act, with respect to all bargaining units.
5. A council of the following trustees' associations is the employer bargaining agency for every French-language public district school board and French-language separate district school board, with respect to all teachers' bargaining units that are represented by l'Association des enseignantes et des enseignants franco-ontariens:
i. L'Association des conseils scolaires des écoles publiques de l'Ontario.
ii. L'Association franco-ontarienne des conseils scolaires catholiques.
Same
(2) The Minister may, by regulation, designate a trustees' association as the employer bargaining agency for a school board for which no employer bargaining agency is designated by subsection (1).
Policies and procedures
(3) A trustees' association or council of trustees' associations designated by subsection (1) is required to establish policies and procedures for the effective exercise of its rights and privileges and performance of its duties as an employer bargaining agency under this Act.
Voting process
(4) If voting is required in respect of collective bargaining by an employer bargaining agency designated by subsection (1), the outcome of a vote must be decided by the approval of a majority of the school boards that are represented by the agency, with their votes weighted to reasonably reflect, for each school board, the size of the bargaining units containing employees of the school board.
Corporate matters
(5) A trustees' association is deemed to have the capacity in law to exercise the rights and privileges and perform the duties of an employer bargaining agency under this Act.
Designation re: other employees
(6) Despite subsections (1) and (2), the Minister may, by regulation, designate a council of trustees' associations as the employer bargaining agency for a central table for central bargaining with respect to employees other than teachers.
Same
(7) If a council of trustees' associations is designated under subsection (6) as an employer bargaining agency, the regulation in which the designation is made may also,
(a) establish policies and procedures for the effective exercise of the council's rights and privileges and performance of its duties as an employer bargaining agency under this Act;
(b) establish a committee of the council and provide for the composition of the committee;
(c) authorize the committee, on behalf of the council, to exercise the rights and privileges and perform the duties of the council as the employer bargaining agency; and
(d) establish the voting process to be used by the council or committee in respect of central bargaining, which process must be consistent with subsection (4).
Same
(8) If a committee is established under subsection (7), the regulation must ensure that each trustees' association that is a member of the council is entitled to have a representative on the committee.
Effect of designating a council
(9) If a council of trustees' associations is designated under subsection (6) for a specified central table, it replaces the individual trustees' associations as the employer bargaining agency for the applicable school boards for the purposes of central bargaining at that table and exercising the rights and privileges and performing the duties described in sections 42 and 43.
Requirement to pay fees
(10) The Minister may, by regulation, require a school board to pay fees to a trustees' association that represents the school board, relating to the activities of the trustees' association under this Act, and the regulation may provide for the following matters:
1. The manner of determining the amount of the fees.
2. Matters relating to the payment of the fees.
3. The consequences of failure to pay the fees, which may include providing that a school board that does not pay a fee by the specified deadline forfeits its entitlement to participate in a vote described in subsection (4) during a specified period.
Effect on voting process
(11) If a regulation made under subsection (10) specifies that a school board forfeits its entitlement to participate in a vote described in subsection (4) during a specified period, the voting process described in subsection (4) excludes the school board when the outcome of a vote is determined.
Substitution if employer bargaining agency unable, etc., to act
22. (1) If, in the Minister's opinion, a trustees' association or a council designated by or under section 21 is unable or unwilling to exercise its rights and privileges or perform its duties as an employer bargaining agency under this Act, the Lieutenant Governor in Council may, by regulation, establish a committee to exercise the rights and privileges and perform the duties on its behalf until central bargaining is completed.
Same
(2) If, in the Minister's opinion, a trustees' association that is a member of a council designated by or under section 21 is unable or unwilling to exercise its rights and privileges or perform its duties as a member of the council, the Lieutenant Governor in Council may, by regulation, establish a committee to exercise the rights and privileges and perform the duties on its behalf until central bargaining is completed.
Same
(3) Before a regulation can be made under subsection (1) or (2), as the case may be, the Minister must first consult with the school boards that are represented by the trustees' association or council and must have reasonable grounds for forming the opinion that is required by subsection (1) or (2).
Same
(4) The regulation must ensure that each school board that is represented by the trustees' association or council, as the case may be, is entitled to have a representative on the committee.
Same
(5) The regulation establishing the committee may also,
(a) provide for the composition of the committee;
(b) provide for the establishment, composition and election of a negotiating committee by members of the committee;
(c) establish policies and procedures for the effective exercise of the committee's rights and privileges and performance of its duties as an employer bargaining agency under this Act;
(d) establish the voting process to be used by the committee in respect of central bargaining, which process must be consistent with subsection 21 (4);
(e) authorize or require the trustees' association, or a school board represented by the trustees' association, or both, to provide services to the committee;
(f) authorize or require the payment of fees to the committee by a trustees' association or by a school board represented by the trustees' association, or both;
(g) specify the manner of determining the amount of the fees, if any, payable to the committee and specifying other matters respecting the payment of the fees.
Central Tables
Central tables
For teachers
23. (1) The following central tables are established for central bargaining with respect to the teachers' bargaining units indicated:
1. A central table for every teachers' bargaining unit that is represented by l'Association des enseignantes et des enseignants franco-ontariens.
2. A central table for every teachers' bargaining unit that is represented by the Elementary Teachers' Federation of Ontario.
3. A central table for every teachers' bargaining unit that is represented by The Ontario English Catholic Teachers' Association.
4. A central table for every teachers' bargaining unit that is represented by The Ontario Secondary School Teachers' Federation, other than the teachers' bargaining unit of the Provincial Schools Authority.
For other employees
(2) The Minister shall, by regulation, establish a central table for central bargaining by an employee bargaining agency designated under subsection 20 (1) with respect to all of the bargaining units for which the agency is designated.
Same
(3) The Minister may, by regulation, establish one or more central tables for central bargaining with respect to bargaining units for other employees.
Restriction
(4) A regulation under subsection (3) establishing a central table does not have effect unless there is an employee bargaining agency designated under section 20 for the specified bargaining units at the central table and an employer bargaining agency designated under section 21 for the school boards.
Same
(5) A central table cannot have more than one employer bargaining agency or more than one employee bargaining agency.
Joint bargaining, Provincial Schools Authority
(6) If the Crown and The Ontario Secondary School Teachers' Federation agree,
(a) the central table described in paragraph 4 of subsection (1) may be expanded to include the teachers' bargaining unit of the Provincial Schools Authority; and
(b) the Provincial Schools Authority may act jointly with the employer bargaining agency as a party at that table for the purposes of central bargaining with The Ontario Secondary School Teachers' Federation.
Scope of Central and Local Bargaining
Scope of central bargaining
24. The matters to be included within the scope of central bargaining at a central table shall be determined by the parties at the table and the Crown in accordance with section 28.
Denominational rights and privileges
25. (1) This section applies if a council is designated as the employer bargaining agency for a particular central table and if l'Association franco-ontarienne des conseils scolaires catholiques or the Ontario Catholic School Trustees' Association is a member of the council.
Notice re: prejudicial effect
(2) A council member referred to in subsection (1) may give written notice to the parties at the central table and to the Crown that a particular matter or proposal that is the subject of central bargaining may prejudicially affect the denominational rights and privileges referred to in subsection 1 (3).
Agreement re: central, local bargaining
(3) Upon receiving the notice, the parties and the Crown may agree to exclude the matter or proposal from central bargaining and may agree to make the matter or proposal the subject of local bargaining.
Application to Ontario Labour Relations Board
(4) If the matter or proposal is not excluded from central bargaining, the council member that gave the notice may apply to the Ontario Labour Relations Board to decide the issue.
Parties
(5) The Crown, the council, each of the members of the council, the employee bargaining agency and such other persons and entities as the Board considers appropriate may participate in a proceeding under subsection (4).
Decision
(6) The Board shall decide the issue and may exclude the matter or proposal from central bargaining, may make the matter or proposal the subject of local bargaining or may make such other orders regarding the bargaining of the matter or proposal as the Board determines are appropriate in the circumstances.
Restriction
(7) The Board is only permitted to limit the scope of central bargaining respecting the matter to the minimum extent necessary to avoid an infringement of the denominational rights and privileges referred to in subsection 1 (3).
Timing
(8) The Board shall make a decision in an expeditious fashion.
Expediting proceedings
(9) The chair of the Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings relating to an application under this section, and subsections 110 (19), (20), (21) and (22) of that Act apply, with necessary modifications, with respect to the rules.
Linguistic rights and privileges
26. (1) This section applies if a council is designated as the employer bargaining agency for a particular central table and if l'Association des conseils scolaires des écoles publiques de l'Ontario or l'Association franco-ontarienne des conseils scolaires catholiques is a member of the council.
Notice re: prejudicial effect
(2) A council member referred to in subsection (1) may give written notice to the parties at the central table and to the Crown that a particular matter or proposal that is the subject of central bargaining may prejudicially affect the linguistic rights and privileges referred to in subsection 1 (3).
Agreement, etc., re: central, local bargaining
(3) Subsections 25 (3) to (9) apply, with necessary modifications, with respect to the matter or proposal.
Scope of local bargaining
27. If a matter is not within the scope of central bargaining at a particular central table, it is within the scope of local bargaining.
Negotiations about scope of central bargaining
28. (1) The parties at a central table and the Crown shall meet within 15 days after the notice of desire to bargain has been given under section 59 of the Labour Relations Act, 1995, or within such further period as they agree upon, and they shall bargain in good faith and make every reasonable effort to agree upon the matters to be included within the scope of central bargaining at the central table.
Restriction re: impasse
(2) No strike shall be called or lock-out authorized because there is a failure to agree upon whether a matter is within the scope of central or local bargaining.
Referral by local parties
(3) A dispute between the parties to local bargaining about whether a matter is within the scope of local bargaining shall be referred to the parties at the central table and the Crown to determine.
Application to the Ontario Labour Relations Board
(4) If the parties at a central table and the Crown do not agree upon the matters to be included within the scope of central bargaining at a central table, either party or the Crown may apply to the Ontario Labour Relations Board to decide the issue.
Same
(5) If the parties at a central table and the Crown do not agree upon the interpretation or application of an agreement or order determining the matters that are included within the scope of central or local bargaining, either party or the Crown may apply to the Ontario Labour Relations Board to decide the issue.
Time
(6) An application to the Board under subsection (4) cannot be made until 45 days have elapsed after the notice of desire to bargain was given under section 59 of the Labour Relations Act, 1995.
Decision
(7) The Board shall decide the issue.
Factors
(8) For the purpose of deciding whether a matter is within the scope of central bargaining, the Board shall consider the following factors:
1. The extent to which the matter could result in a significant impact on the implementation of provincial education policy.
2. The extent to which the matter could result in a significant impact on expenditures for one or more school boards.
3. Whether the matter raises common issues between the parties to the collective agreements that can more appropriately be addressed in central bargaining than in local bargaining.
4. Such other factors as the Board considers relevant in the circumstances.
Timing
(9) The Board shall make a decision in an expeditious manner.
Expediting proceedings
(10) The chair of the Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings relating to an application under this section, and subsections 110 (19), (20), (21) and (22) of that Act apply, with necessary modifications, with respect to the rules.
Negotiations
Central bargaining and the Labour Relations Act, 1995
29. The Labour Relations Act, 1995 governs central bargaining at a central table as if the settlement of the central terms constituted a collective agreement between the central bargaining representatives.
Local bargaining and the Labour Relations Act, 1995
30. (1) Where both central and local bargaining are required, the Labour Relations Act, 1995 governs local bargaining as if the settlement of the local terms constituted a collective agreement between the employer and the bargaining agent.
Joint negotiations
(2) For the purposes of local bargaining, two or more school boards may act jointly as a party and two or more bargaining agents may act jointly as a party if the boards and the agents all agree to do so.
Notice of desire to bargain, central and local bargaining
31. (1) Either of the parties to central bargaining at a central table may give notice under section 59 of the Labour Relations Act, 1995 of its desire to bargain.
Restriction, local bargaining
(2) Where both central and local bargaining are required, neither of the parties at a corresponding local table are permitted to give notice under section 59 of the Labour Relations Act, 1995 of its desire to bargain.
Deemed notice by parties to local bargaining
(3) When the notice is given by a party at the central table, it is also deemed to be notice given by each of the school boards or bargaining agents, as the case may be, represented by the party of their desire to bargain at the corresponding local tables.
Notice to the Crown
(4) The party that gives notice for the central table shall give a copy of the notice to the Crown.
When notice may be given
(5) The Minister may, by regulation, authorize the notice under section 59 of the Labour Relations Act, 1995 to be given within a longer period than is specified in subsection 59 (1) of that Act but shall not authorize the notice to be given more than 180 days before the collective agreement ceases to operate.
Obligation to bargain, central and local bargaining
32. (1) The parties to central bargaining at a central table, and the Crown, shall meet within 15 days after the scope of the central bargaining has been determined or within such further period as they agree upon and they shall bargain in good faith and make every reasonable effort to agree upon central terms.
Same
(2) Where both central and local bargaining are required, the parties to local bargaining shall meet within 15 days after the scope of the central bargaining, if any, has been determined or within such further period as they agree upon and they shall bargain in good faith and make every reasonable effort to agree upon local terms.
Bargaining for a first collective agreement
33. (1) If a notice of desire to bargain is given under section 16 of the Labour Relations Act, 1995, the following rules apply:
1. Collective bargaining for the first collective agreement is undertaken through local bargaining alone.
2. The first collective agreement must have an expiry date that is the same as the date determined under section 41 of this Act for collective agreements in operation on the date on which the bargaining agent acquired bargaining rights under the Labour Relations Act, 1995 with respect to the bargaining unit. If the collective agreement does not provide for that date, it is deemed to have done so.
3. The term of operation of the collective agreement may be less than one year.
Same
(2) For greater certainty, subsection (1) applies despite any other requirement of this Act or the Labour Relations Act, 1995.
Strike or lock-out, central and local bargaining
34. (1) Where both central and local bargaining are required, subsections 79 (2), (3), (4), (6), (7) and (8) of the Labour Relations Act, 1995 apply separately with respect to the central bargaining and the local bargaining.
Voting, council of unions
(2) If the employee bargaining agency is a council of unions, the weight to be assigned to the votes of employees in each bargaining unit for the purposes of a vote required by subsection 79 (3) of the Labour Relations Act, 1995 in respect of central bargaining may be determined in the documents that establish the council.
Notice before strike, central bargaining
(3) No employee shall strike in respect of central bargaining unless, at least five days before the strike begins, the employee bargaining agency for the employee gives written notice of the strike to the employer bargaining agency at the central table and to the Crown, indicating the date on which the strike will begin.
Same, local bargaining
(4) No employee shall strike in respect of local bargaining unless, at least five days before the strike begins, the bargaining agent representing the employee gives written notice of the strike to the school board, indicating the date on which the strike will begin.
Notice before lock-out, central bargaining
(5) No employer bargaining agency shall authorize or require a school board to lock out an employee, and no school board shall lock out an employee, in respect of central bargaining unless the Crown consents to the lock-out and, at least five days before the lock-out begins, the employer bargaining agency gives written notice of the lock-out to the employee bargaining agency at the central table and to the Crown, indicating the date on which the lock-out will begin.
Same, local bargaining
(6) No school board shall lock out an employee in respect of local bargaining unless, at least five days before the lock-out begins, the school board gives written notice of the lock-out to the bargaining agent representing the employee, indicating the date on which the lock-out will begin.
Definition of "strike" re: teachers' bargaining units
35. (1) For the purposes of this Act, the definition of "strike" in section 1 of the Labour Relations Act, 1995 does not apply with respect to a teachers' bargaining unit.
Same
(2) For the purposes of this Act,
"strike", in relation to a teachers' bargaining unit, includes any action or activity by teachers in combination or in concert or in accordance with a common understanding that is designed or may reasonably be expected to have the effect of curtailing, restricting, limiting or interfering with,
(a) the normal activities of a school board or its employees,
(b) the operation or functioning of one or more of a school board's schools or of one or more of the programs in one or more schools of a school board, or
(c) the performance of the duties of teachers set out in the Education Act or the regulations under it,
including any withdrawal of services or work to rule by teachers acting in combination or in concert or with a common understanding.
Restriction, alteration of working conditions
Central bargaining
36. (1) In addition to the conditions set out in clause 86 (1) (a) of the Labour Relations Act, 1995, any term or condition of employment or right, privilege or duty of the employer that is within the scope of central bargaining cannot be altered unless the employer bargaining agency gives the employee bargaining agency for the employees at least five days' written notice of the alteration.
Local bargaining
(2) In addition to the conditions set out in clause 86 (1) (a) of the Labour Relations Act, 1995, any term or condition of employment or right, privilege or duty of the employer that is within the scope of local bargaining cannot be altered unless the school board gives the employees' bargaining agent at least five days' written notice of the alteration.
Vote on offer re: central terms
37. (1) This section governs the circumstances in which the employer bargaining agency at a central table is permitted to make a request under subsection 42 (1) of the Labour Relations Act, 1995 that a vote of employees be taken as to the acceptance or rejection of an offer made by the employer bargaining agency with respect to central terms.
Preceding steps
(2) The following steps must be taken before the employer bargaining agency is authorized to make the request under subsection 42 (1) of the Labour Relations Act, 1995 with respect to a particular offer:
1. The employer bargaining agency must have given its final approval to the proposed offer, using a voting process that is consistent with subsection 21 (4).
2. The Crown must have agreed to the proposed offer.
3. The employee bargaining agency must have rejected the proposed offer after the employer bargaining agency gave its final approval to the proposed offer and after the Crown agreed to it.
Duty of arbitrators, etc., central bargaining
38. When resolving matters in dispute with respect to central bargaining, an arbitrator or board of arbitration appointed under section 40 of the Labour Relations Act, 1995 shall take into consideration all factors that the arbitrator or board, as the case may be, considers relevant, including the following criteria:
1. The school boards' ability to pay in light of their fiscal situation.
2. The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased.
3. The economic situation in Ontario.
4. A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of work performed.
5. The school boards' ability to attract and retain qualified employees.
Ratification of collective agreement, central and local bargaining
39. (1) Where both central and local bargaining are required, section 44 of the Labour Relations Act, 1995 applies separately with respect to the central bargaining and the local bargaining.
Same
(2) If both central and local bargaining occur,
(a) a memorandum of settlement of central terms has no effect until it is ratified by the parties at the central table and agreed to by the Crown;
(b) a memorandum of settlement of local terms has no effect until it is ratified by the parties to the local bargaining; and
(c) the parties at the central table and the Crown are not entitled to ratify local terms, and the parties to the local bargaining are not entitled to ratify the central terms.
Same
(3) For greater certainty, if a party to local bargaining is also a party at the related central table, the party is entitled to ratify the local terms as well as the central terms.
Ratification by employer bargaining agency
(4) When ratifying the memorandum of settlement of central terms, the employer bargaining agency must use a voting process that is consistent with subsection 21 (4).
Voting, council of trade unions
(5) If the employee bargaining agency is a council of trade unions, the weight to be assigned to the votes of employees in each bargaining unit for the purposes of a vote required by subsection 44 (3) of the Labour Relations Act, 1995 in respect of central bargaining may be determined in the documents that establish the council.
When agreement comes into effect
(6) A collective agreement containing central terms and local terms cannot come into effect until the central terms have been ratified by the parties at the central table and agreed to by the Crown and the local terms have been ratified by the parties at the local table.
Same
(7) If any central terms or local terms of a collective agreement are determined by arbitration, the collective agreement cannot come into effect until the decision of the arbitrator or board of arbitration is final and the remaining central terms and local terms, if any, have been ratified and approved as described in subsection (6).
Collective Agreements
Contents of collective agreements
40. (1) A collective agreement includes central terms, if central bargaining has occurred, and local terms.
Same
(2) A collective agreement also includes terms and conditions that, under this Act or the Labour Relations Act, 1995, are deemed to be included in it.
Parties
(3) The parties to a collective agreement are the school board and the bargaining agent.
Term of operation
41. (1) A collective agreement between a school board and a bargaining agent that is entered into on or after the day on which this section comes into force shall provide for a three-year term of operation and shall have a commencement date of September 1 of the year in which the previous collective agreement expired.
Exception
(2) Despite subsection (1), the Minister may, by regulation, specify the term of operation of collective agreements, and the regulation may specify a term of either two years or four years.
Same
(3) The Minister must consult with the employer bargaining agencies and employee bargaining agencies before making a regulation under subsection (2).
Deemed commencement
(4) If a collective agreement does not provide for the commencement date required by subsection (1), the collective agreement is deemed to have done so.
Deemed expiry date
(5) If a collective agreement does not provide for the term of operation required under this section and for an expiry date of August 31, the collective agreement is deemed to have done so.
No extension of term
(6) Despite subsection 58 (2) of the Labour Relations Act, 1995, no agreement may be entered into to continue the term of operation of a collective agreement or of any of its provisions beyond the term of operation of the agreement, and any renewal provision in a collective agreement that purports to do so is deemed to be void.
Revision of provisions by mutual consent
42. (1) While a collective agreement is in operation, mutual consent to the revision of any central terms may only be given by the parties who were at the central table, and the employer bargaining agency cannot consent to a revision unless the Crown agrees to the revision.
Successor party
(2) If a party who was at the central table (the "original party") has been replaced by another employer bargaining agency or employee bargaining agency, as the case may be, (the "successor party") for the purposes of central bargaining for the next collective agreement, the successor party may give the consent described in subsection (1) and the original party ceases to be permitted to do so.
Grievance arbitration
Arbitration by central parties
43. (1) An employer bargaining agency or an employee bargaining agency may seek a decision through final and binding arbitration to resolve any difference arising from the interpretation, application or administration of any central term of a collective agreement.
Application of ss. 48, 49 of the Labour Relations Act, 1995
(2) Sections 48 and 49 of the Labour Relations Act, 1995 apply, with necessary modifications, to and in respect of the employer bargaining agency and the employee bargaining agency for the purpose of obtaining a decision of an arbitrator or arbitration board concerning a matter described in subsection (1).
Arbitration by local parties
(3) Subsection (1) does not prevent a party to a collective agreement from seeking a decision through final and binding arbitration to resolve any difference arising from the interpretation, application or administration of any term of a collective agreement, including a central term.
Jurisdiction of arbitrator
(4) If an arbitrator is appointed under subsection 49 (4) of the Labour Relations Act, 1995 to resolve a difference between the parties to a collective agreement arising from the interpretation, application or administration of a central term of the agreement, subsection 49 (4) of that Act does not operate to prevent the appointment of an arbitrator or arbitration board for an arbitration by the central parties under subsection (1) of this section to resolve a difference arising from the interpretation, application or administration of the same central term.
Rules for arbitration by central parties
(5) The following rules apply with respect to an arbitration referred to in subsection (1):
1. The Crown is entitled to intervene.
2. The arbitrator or arbitration board is authorized to interpret and apply local terms to the extent necessary for the purpose of resolving a difference respecting any central terms at issue in the arbitration.
3. The decision of the arbitrator or arbitration board is binding on the parties to the arbitration and on the school boards and bargaining agents that they represent.
4. The arbitrator or arbitration board may make orders in respect of each of the collective agreements to which a school board and bargaining agent referred to in paragraph 3 is a party.
Settlement agreement of central parties
(6) An employer bargaining agency is not permitted to enter into a settlement agreement resolving a difference arising from the interpretation, application or administration of a central term without the agreement of the Crown.
Effect of decision, etc., by local parties
(7) The resolution by the parties to a collective agreement of a difference arising from the interpretation, application or administration of a central term binds only those parties.
Conflict
(8) In case of a conflict between a decision, order or settlement agreement in an arbitration referred to in subsection (1) (the "central arbitration") and a decision, order or settlement agreement in an arbitration by the parties to the collective agreement (the "local parties") with respect to a central term, the decision, order or settlement agreement in the central arbitration prevails with respect to those local parties prospectively from the date on which the decision, order or agreement in the central arbitration is made.
General
Enforcement of this Act
44. (1) This Act may be enforced as if it formed part of the Labour Relations Act, 1995.
Same
(2) For greater certainty, a reference to "this Act" in the Labour Relations Act, 1995 is deemed to include the School Boards Collective Bargaining Act, 2014.
Exceptions
(3) Subsections 16 (2) and 18 (2) are not enforceable as if they formed part of the Labour Relations Act, 1995.
Complaints re: unlawful strike
Complaint by the Minister
45. (1) With the consent of the applicable employer bargaining agency, the Minister may make a complaint under section 100 of the Labour Relations Act, 1995 in respect of an unlawful strike.
Complaint by employer bargaining agency
(2) With the consent of the Minister, an employer bargaining agency may make a complaint under section 100 of the Labour Relations Act, 1995 in respect of an unlawful strike.
Complaint by school boards
(3) Nothing in this section limits the rights of a school board to make a complaint under section 100 of the Labour Relations Act, 1995 in respect of an unlawful strike.
Conflicts and inconsistencies
Within a collective agreement
46. (1) In case of a conflict or an inconsistency within a collective agreement between any of the central terms and any of the local terms, the central term prevails.
Between collective agreement and Act, etc.
(2) In case of a conflict or an inconsistency between a collective agreement and this Act, or a regulation made under it, this Act or the regulation made under it prevails.
Between collective agreement and Education Act, etc.
(3) In case of a conflict or an inconsistency between a collective agreement and the Education Act, or a regulation made under it, the Education Act or the regulation made under it prevails.
Between Acts, etc.
(4) In case of a conflict or an inconsistency between the Labour Relations Act, 1995 and this Act, or a regulation made under it, this Act or the regulation made under it prevails.
Same
(5) In case of a conflict or an inconsistency between the Education Act, or a regulation made under it, and this Act, or a regulation made under it, the Education Act or the regulation made under it prevails.
Consequential Amendments
Education Act
47. (1) Subsection 13 (6) of the Education Act is amended by striking out "Provincial Schools Negotiation Act" and substituting "Provincial Schools Authority Act".
(2) Subsection 57.2 (1) of the Act is amended as follows:
1. By repealing the definition of "Part X.1 teacher".
2. By repealing both definitions of "strike" and substituting the following:
"strike", in relation to teachers, has the same meaning as in the School Boards Collective Bargaining Act, 2014 and, in relation to other employees, has the same meaning as in the Labour Relations Act, 1995; ("grève)
3. By adding the following definition:
"teacher" means a teacher who is a member of a teachers' bargaining unit for the purposes of the School Boards Collective Bargaining Act, 2014. ("enseignant")
(3) Part X.1 (sections 277.1 to 277.13.1) of the Act is repealed.
(4) The definitions of "designated bargaining agent" and "teachers' bargaining unit" in subsection 277.15 (1) of the Act are repealed and the following substituted:
"designated bargaining agent" means a bargaining agent designated by section 10 of the School Boards Collective Bargaining Act, 2014 for a teachers' bargaining unit; ("agent négociateur désigné")
"teachers' bargaining unit" has the same meaning as in the School Boards Collective Bargaining Act, 2014; ("unité de négociation d'enseignants")
(5) Subsection 277.16 (1) of the Act is amended by striking out "Provincial Schools Negotiations Act" and substituting "Provincial Schools Authority Act".
Employment Standards Act, 2000
48. Paragraph 3 of the definition of "trade union" in subsection 1 (1) of the Employment Standards Act, 2000 is repealed and the following substituted:
3. The School Boards Collective Bargaining Act, 2014.
Fairness for Parents and Employees Act (Teachers' Withdrawal of Services), 1997
49. The definition of "teachers' union" in subsection 5 (4) of the Fairness for Parents and Employees Act (Teachers' Withdrawal of Services), 1997 is repealed and the following substituted:
"teachers' union" means,
(a) The Ontario Teachers' Federation, or
(b) a bargaining agent designated by section 10 of the School Boards Collective Bargaining Act, 2014 for a teachers' bargaining unit.
Labour Relations Act, 1995
50. Clause 3 (f) of the Labour Relations Act, 1995 is repealed and the following substituted:
(f) to a member of a teachers' bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014, except as provided by that Act, or to a supervisory officer, a principal or a vice-principal within the meaning of the Education Act;
Provincial Schools Negotiations Act
51. (1) The short title of the Provincial Schools Negotiations Act is repealed and the following substituted:
Provincial Schools Authority Act
(2) Subsections 5 (1) to (7) of the Act are repealed.
(3) Section 6 of the Act is repealed.
Public Sector Compensation Restraint to Protect Public Services Act, 2010
52. (1) Paragraph 3 of subsection 4 (2) of the Public Sector Compensation Restraint to Protect Public Services Act, 2010 is repealed and the following substituted:
3. An organization designated under the School Boards Collective Bargaining Act, 2014 as the bargaining agent for a teachers' bargaining unit.
(2) Paragraph 4 of subsection 4 (2) of the Act is repealed.
Public Sector Labour Relations Transition Act, 1997
53. Subsection 7 (3) of the Public Sector Labour Relations Transition Act, 1997 is amended by striking out "members of a teachers' bargaining unit established by Part X.1 of the Education Act" and substituting "members of a teachers' bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014".
Teaching Profession Act
54. Subsection 13 (1) of the Teaching Profession Act is amended by striking out "his or her designated bargaining agent, if any, under Part X.1 of the Education Act" at the end and substituting "his or her bargaining agent under the School Boards Collective Bargaining Act, 2014".
Commencement and Short Title
Commencement
55. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
56. The short title of this Act is the School Boards Collective Bargaining Act, 2014.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 122 and does not form part of the law. Bill 122 has been enacted as Chapter 5 of the Statutes of Ontario, 2014.
The Bill enacts the School Boards Collective Bargaining Act, 2014. The Act establishes a framework for two-tiered bargaining for collective agreements between school boards and their employees. Here are some highlights of the Act.
In general terms, the Labour Relations Act, 1995 governs collective bargaining within the framework established by the new Act. (See section 4 of the Act.) The new Act may be enforced as if it formed part of that Act. (See section 44 of the Act.) Expressions used in the new Act relating to collective bargaining have the same meaning as in the Labour Relations Act, 1995 and expressions relating to education and the school system have the same meaning as in the Education Act.
The Act applies to every school board in Ontario, to the bargaining agents that represent their employees, to the employees themselves, and to the employer bargaining agencies and employee bargaining agencies that are designated for the purposes of central bargaining. (See section 3 of the Act.) The expression "school board", as defined in subsection 2 (1) of the Act, refers to district school boards, school authorities and the Provincial Schools Authority, unless the context requires otherwise.
Sections 5 to 11 of the Act provide for bargaining units and bargaining agents. For teachers, the bargaining units and bargaining agents are as specified in sections 9 and 10 of the Act. (Currently, those bargaining units and bargaining agents are specified in Part X.1 of the Education Act and in the Provincial Schools Negotiations Act.) For school board employees who are not teachers, the bargaining units and bargaining agents are as determined under the Labour Relations Act, 1995. (See sections 7 and 11 of the Act.)
Sections 12 to 22 of the Act set out the framework for central and local bargaining. Under subsection 12 (2) of the Act, central bargaining is mandatory if a central table is established under the Act for specified school boards and specified bargaining units.
For bargaining at a central table, the parties are an employer bargaining agency and an employee bargaining agency. For local bargaining, the parties are a school board and a bargaining agent. The Crown is required to participate in central bargaining but is not entitled to participate in local bargaining.
The rights, privileges and duties of employer bargaining agencies, employee bargaining agencies and the Crown in connection with central bargaining are set out in sections 15 to 18 of the Act. An employer bargaining agency cannot exercise specified rights and privileges under the Labour Relations Act, 1995 unless it has the prior consent of the Crown to do so. (See subsection 15 (2) of the Act. See also subsections 34 (5), 42 (1), 43 (6) and 45 (2) of the Act.)
The employee bargaining agencies for teachers are designated in section 19 of the Act. For other employees, the Minister is required to designate a trade union as the employee bargaining agency in specified circumstances. The Minister is authorized to designate employee bargaining agencies in other specified circumstances. A council of trade unions may be designated as an employee bargaining agency. (See section 20 of the Act.)
The employer bargaining agencies for school boards are designated in subsection 21 (1) of the Act. A council of trustees' associations may be designated by regulation as an employer bargaining agency for a central table for central bargaining with respect to employees other than teachers. Under section 22 of the Act, a committee may be established by the Lieutenant Governor in Council to exercise the rights and privileges and perform the duties of a designated employer bargaining agency if, in the Minister's opinion, the agency is unable or unwilling to exercise those rights and privileges or perform those duties.
A regulation may require school boards to pay fees to a trustees' association relating to its activities under the Act, and may establish consequences for failing to pay the fees. (See subsection 21 (10) of the Act.)
Section 23 of the Act provides for the establishment of central tables. Central tables are established in the Act for teachers' bargaining units. The Minister is required to establish a central table for other bargaining units, in specified circumstances. In addition, the Minister is authorized to establish other central tables. A central table cannot have more than one employer bargaining agency or more than one employee bargaining agency.
Sections 24 to 28 of the Act govern the scope of central and local bargaining.
Section 24 provides that the matters to be included within the scope of central bargaining at a central table are determined by the parties at the table and the Crown. If the parties and the Crown do not agree upon the matters to be included within the scope of central bargaining at a central table, any of them may apply to the Ontario Labour Relations Board to decide the issue. (See subsection 28 (4) of the Act.)
Sections 29 to 39 of the Act contain several of the modifications to the Labour Relations Act, 1995 that apply in connection with central and local bargaining under the new Act. For example, the date for giving notice to bargain may be advanced by regulation. (See subsection 31 (5) of the Act.) Section 34 of the Act specifies modifications relating to strikes and lock-outs. Section 39 specifies that, if both central and local bargaining occur, a memorandum of settlement of the central terms must be ratified by the parties at the central table and the Crown, and a memorandum of settlement of the local terms must be ratified by the parties to the local bargaining.
Sections 40 to 43 of the Act govern collective agreements. The parties to a collective agreement are the school board and the bargaining agent. If both central and local bargaining occur, the collective agreement includes the central terms and the local terms. (See section 40 of the Act.) If a collective agreement contains central terms, the parties who were at the central table may, with the consent of the Crown, settle a difference regarding the interpretation, application or administration of those terms. (See section 43 of the Act.)
Sections 47 to 54 of the Act set out consequential amendments to several other Acts. Part X.1 (Teachers' Collective Bargaining) of the Education Act is repealed. The short title of the Provincial Schools Negotiations Act is also changed: it becomes the Provincial Schools Authority Act.