163.2 (1) An employer bargaining agency that is a party to a provincial agreement may apply to an affiliated bargaining agent that is bound by that agreement to agree to amendments to the agreement which would apply to any of the following: 1. The kind of work performed, which could be all work performed in the industrial, commercial and institutional sector or a specified kind of that work. 2. The market in which it is performed, which could be work performed for all of the industrial, commercial and institutional sector or a specified market in it. 3. The location of the work, which could be work performed in all of the affiliated bargaining agent’s geographic jurisdiction or a specified portion of it.  2000, c. 24, s. 7. Same (2) A designated regional employers’ organization having members who are bound by a provincial agreement may apply to an affiliated bargaining agent that is bound by that agreement to agree to amendments to the agreement which would apply to any of the matters set out in paragraphs 1, 2 and 3 of subsection (1) if at least some of the members of the designated regional employers’ organization who are bound by the provincial agreement carry on business in the area covered by the affiliated bargaining agent’s geographic jurisdiction.  2000, c. 24, s. 7. Restriction on timing of application (3) No application shall be made under subsection (1) or (2) during the period of 120 days before the provincial agreement ceases to operate.  2000, c. 24, s. 7. Restriction re amendments (4) The application may seek only amendments that concern the following matters: 1. Wages, including overtime pay and shift differentials. 2. Restrictions on the hiring of employees who are members of another affiliated bargaining agent that is in the same employee bargaining agency as that in which the affiliated bargaining agent is a member but who are not members of the affiliated bargaining agent. 3. Restrictions on an employer’s ability to select employees who are members of the affiliated bargaining agent. 4. Accommodation and travel allowances. 5. Requirements respecting the ratio of apprentices to journeypersons employed by an employer. 6. Hours of work and work schedules.  2000, c. 24, s. 7. Form and content of application (5) The application shall be in writing and shall, (a) state the kind of work, the specified market and the location with respect to which the amendments would apply; (b) set out any submissions the applicant believes to be relevant to determine the question of whether the provisions of the provincial agreement render employers who are bound by it at a competitive disadvantage with respect to any of the matters referred to in clause (a); and (c) set out the text of the amendments which are applied for.  2000, c. 24, s. 7. Service of application (6) The applicant shall serve the application on the affiliated bargaining agent and shall serve a copy of it, (a) on the employee bargaining agency of which the affiliated bargaining agent is a member; (b) if the applicant is an employer bargaining agency, on any designated regional employers’ organization having members who carry on a business in the area covered by the affiliated bargaining agent’s geographic jurisdiction; and (c) if the applicant is a designated regional employers’ organization, on the employer bargaining agency that is a party to the provincial agreement and on any other designated regional employers’ organization having members who carry on a business in the area covered by the affiliated bargaining agent’s geographic jurisdiction.  2000, c. 24, s. 7. Agreement on amendment (7) Subject to subsections (8) and (9), if the applicant and the affiliated bargaining agent agree to amend the provincial agreement and the employee bargaining agency of which the affiliated bargaining agent is a member advises the applicant in writing that it approves of the amendments, the provincial agreement is amended accordingly, but only with respect to the kind of work, the market and the location specified in the application.  2000, c. 24, s. 7. Agreement requirements (8) The agreement is not effective unless it is in writing and sets out the text of the amendments.  2000, c. 24, s. 7. Additional requirement re designated regional employers’ organization (9) If the applicant is a designated regional employers’ organization and the employer bargaining agency advises the employee bargaining agency in writing that it approves of the amendments that were agreed to under subsection (7), the provincial agreement shall be deemed to be so amended.  2000, c. 24, s. 7. Bar to other applications (10) If an application has been made to an affiliated bargaining agent under this section, no other application may be made to that agent that would apply, in whole or in part, to the same kind of work with respect to the same market and in the same location, (a) if the work, the market and the location are not the subject of a referral to an arbitrator under section 163.3, until six months and 21 days after the day on which the first application was served on the affiliated bargaining agent; and (b) if the work, the market and the location are the subject of such a referral, until six months after the arbitration proceedings have terminated.  2000, c. 24, s. 7. Application of section (11) This section applies only with respect to provincial agreements that come into operation after the day section 7 of the Labour Relations Amendment Act (Construction Industry), 2000 comes into force.  2000, c. 24, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 24, s. 7
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