Jurisdictional disputes
93.  (1) This section applies when the Board receives a complaint, (a) that a trade union or council of trade unions, or an agent of either was or is requiring an employer or employers’ organization to assign particular work to persons in a particular trade union or in a particular trade, craft or class rather than to persons in another; or (b) that an employer was or is assigning work to persons in a particular trade union rather than to persons in another. Resolution of complaints (1.1) The Board may consult with the parties affected by the complaint to resolve any matter raised by the complaint or may inquire into any matter raised by the complaint, or may do both. Orders after consultation (1.2) The Board may make any interim or final order it considers appropriate after consulting with the parties or on an inquiry. Scope of orders (2) An order may provide that it is binding on the parties for other jobs then in existence or undertaken in the future in the geographic area that the Board considers appropriate. 1992, c.21, s.38(1). Notice to jurisdictional representatives (3) Where a trade union, council of trade unions, employer or employers’ organization referred to in subsection 138(1) files a complaint and if each party affected by the complaint has designated a jurisdictional representative as provided under section 138, the Registrar of the Board or such other person as may be designated by the chair shall immediately notify the respective designated jurisdictional representatives by telephone and telegram of the filing of the complaint. R.S.O. 1990, c.L.2, s.93(3); 1992, c.21, s.38(2). Meeting of jurisdictional representatives (4) The designated jurisdictional representatives or their substitutes shall promptly meet and attempt to settle the matters raised by the complaint and shall report the outcome to the Board. Board participation (4.1) If the designated jurisdictional representatives are notified, the Board shall not, except as provided in subsection (8), consult with the parties affected by the complaint or inquire into a matter raised by the complaint until fourteen days have elapsed after the complaint is filed. Attendance at consultations (4.2) If the Board consults with the parties affected by the complaint, the designated jurisdictional representatives or their substitutes shall attend the consultations and both may attend. 1992, c.21, s.38(3). Filing of settlement with Board (5) Where the designated jurisdictional representatives unanimously agree to a settlement of the matter complained of, it shall be reduced to writing, signed by the respective representatives and filed with the Board. R.S.O. 1990, c.L.2, s.93(5); 1992, c.21, s.38(4). Order re settlement (6) If a settlement is filed under subsection (5), the Board shall, after such consultation with the designated jurisdictional representatives as it considers advisable in order to clarify the terms of the settlement, embody in the form of an order the settlement and any changes agreed upon that are necessary for its clarification. 1992, c.21, s.38(5). (7) REPEALED: 1992, c.21, s.38(6). Interim order in case of strike (8) Where a complaint is made under subsection (1) and the complainant alleges that a strike is imminent or is taking place by reason of the requirement as to the assignment of work or by reason of the assignment of work, the Board may, after consulting any employer, employers’ organization, trade union or council of trade unions that in its opinion is concerned, make an interim order with respect to the assignment of the work that it in its discretion considers proper. R.S.O. 1990, c.L.2, s.93(8). Cease and desist orders (9) In an interim order or after making an interim order, the Board may order any person, employers’ organization, trade union or council of trade unions to cease and desist from doing anything intended or likely to interfere with the terms of an interim order respecting the assignment of work. 1992, c.21, s.38(7), part. Filing in court (10) A party to an interim or final order may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. Enforcement (11) An interim or final order that has been filed with the court is enforceable by a person, employers’ organization, trade union or council of trade unions affected by it and is enforceable on the day after the date fixed in the order for compliance. 1993, c.38, s.67(5). Withdrawal of complaint (12) A complaint made under this section may be withdrawn by the complainant only upon such terms and conditions as the Board may fix. Postponement of inquiry (13) Where a trade union or a council of trade unions and an employer or an employers’ organization have made an arrangement to resolve any differences between them arising from the assignment of work, the Board may, upon such terms and conditions as it may fix, postpone inquiring into a complaint under this section until the difference has been dealt with in accordance with such arrangement. R.S.O. 1990, c.L.2, s.93(12,13). Alteration of bargaining unit (14) When making an order or at any time after doing so, the Board may alter a bargaining unit determined in a certificate or defined in a collective agreement. 1992, c.21, s.38(8), part. (15) REPEALED: 1992, c.21, s.38(8), part. Idem (16) If a collective agreement requires the reference of any difference between the parties arising out of work assignment to a tribunal mutually selected by them, the Board may alter the bargaining unit determined in a certificate or defined in a collective agreement as it considers proper to enable the parties to conform to the decision of the tribunal. Idem (16.1) The Board may make an order under subsection (16) upon the application of any person, employers’ organization, trade union or council of trade unions affected by the decision of the tribunal. Interim orders prevail (17) A person, employers’ organization, trade union or council of trade unions affected by an interim order made by the Board under this section shall comply with it despite any provision of this Act or of any collective agreement relating to the assignment of the work to which the order relates. Idem (17.1) A person, employers’ organization, trade union or council of trade unions who is complying with an interim order made by the Board under this section is deemed not to have violated any provision of this Act or of any collective agreement. 1992, c.21, s.38(9). Alteration of description of bargaining unit in conflicting agreements (18) Where an employer is a party to or is bound by two or more collective agreements and it appears that the description of the bargaining unit in one of the agreements conflicts with the description of the bargaining unit in the other or another of the agreements, the Board may, upon the application of the employer or any of the trade unions concerned, alter the description of the bargaining units in any such agreement as it considers proper, and the agreement or agreements shall be deemed to have been altered accordingly. R.S.O. 1990, c.L.2, s.93(18). Powers of Board before disposing of application (19) Before disposing of an application under this section, the Board may make such inquiry, may require the production of such evidence and the doing of such things, or may hold such representation votes, as it considers appropriate. R.S.O. 1990, c.L.2, s.93(19); 1993, c.27, Sched.