Definitions
26. (1) In this section and in sections 26.1 to 27, “agreement” means an agreement in writing between the Crown on the one hand and the Association on the other hand; (“convention”) “Association” means an association which is not affiliated directly or indirectly with a trade union or with any organization that is affiliated directly or indirectly with a trade union and which represents a majority of the members of the Ontario Provincial Police Force and of other persons who either are instructors at the Ontario Police College or who are under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and described in paragraph 2 of subsection (2); (“association”) “Negotiating Committee” means the Ontario Provincial Police Negotiating Committee; (“comité de négociation”) “Solicitor General” means the Solicitor General or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council. (“solliciteur général”) R.S.O. 1990, c. P.47, s. 26 (1); 1997, c. 21, Sched. A, s. 6 (1, 2); 2001, c. 7, s. 8 (1-3). Bargaining units (2) This section and sections 26.1 to 27 apply to persons who are part of the following bargaining units: 1. The police officers’ bargaining unit consisting of members of the Ontario Provincial Police Force who are cadets, probationary constables, constables, corporals, sergeants and staff sergeants including detective-sergeants, traffic sergeants and identification sergeants. 2. The civilian employees’ bargaining unit which shall be established if the Association is certified under subsection 28.0.5 (1) as the exclusive bargaining agent for any of the three groups of public servants described in subsection 28.0.2 (1) and shall consist of persons who either are instructors at the Ontario Police College or who are under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who, i. are not within a bargaining unit described in paragraph 1, ii. are not within a bargaining unit established for collective bargaining purposes under the Crown Employees Collective Bargaining Act, 1993, iii. are not a deputy commissioner of the Ontario Provincial Police, a commissioned officer or any other employee exercising managerial functions or employed in a confidential capacity in relation to labour relations, iv. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, a minister or a deputy minister about employment-related legislation that directly affects the terms and conditions of employment of employees in the public sector as it is defined in subsection 1 (1) of the Pay Equity Act, v. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, the Minister of Finance, the Chair of Management Board of Cabinet, a deputy minister in the Ministry of Finance or the Secretary of the Management Board of Cabinet on any matter within the powers or duties of the Treasury Board under section 6, 7, 8 or 9 of the Treasury Board Act, 1991, and vi. do not have duties or responsibilities that, in the opinion of the Ontario Labour Relations Board, constitute a conflict of interest with their being members of this bargaining unit. 2001, c. 7, s. 8 (4). Bargaining authority (3) The Association is the exclusive bargaining agent authorized to represent the employees who are part of a bargaining unit referred to in subsection (2) in bargaining with the employer on terms and conditions of employment, except as to matters that are exclusively the function of the employer under subsection (4), and, without limiting the generality of the foregoing, including rates of remuneration, hours of work, overtime and other premium allowance for work performed, the mileage rate payable to an employee for miles travelled when the employee is required to use his or her own automobile on the employer’s business, benefits pertaining to time not worked by employees, including paid holidays, paid vacations, group life insurance, health insurance and long-term income protection insurance, the procedures applicable to the processing of grievances, the methods of effecting promotions, demotions, transfers, lay-offs or reappointments and the conditions applicable to leaves of absence for other than any elective public office, political activities or training and development. 2001, c. 7, s. 8 (5). Exclusive functions of employer (4) Except in relation to matters governed by or under the Police Services Act, every collective agreement shall be deemed to provide that it is the exclusive function of the employer to manage, which function, without limiting the generality of the foregoing, includes the right to determine employment, appointment, complement, organization, work methods and procedures, kinds and location of equipment, discipline and termination of employment, assignment, classification, job evaluation system, merit system, training and development, appraisal and the principles and standards governing promotion, demotion, transfer, lay-off and reappointment, and that such matters will not be the subject of collective bargaining nor come within the jurisdiction of the Negotiating Committee or an arbitration board. R.S.O. 1990, c. P.47, s. 26 (4); 1994, c. 17, s. 144 (1); 1997, c. 21, Sched. A, s. 6 (3). Questions as to bargaining unit (4.1) If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a public servant is a person described in subparagraphs 2 i to vi of subsection (2), the question may be referred to the Ontario Labour Relations Board and the decision of the Board thereon is final and conclusive for all purposes. 2001, c. 7, s. 8 (6). Negotiating Committee (5) The Ontario Provincial Police Negotiating Committee is continued under the name Ontario Provincial Police Negotiating Committee in English and comité de négociation de la Police provinciale de l’Ontario in French. 1997, c. 21, Sched. A, s. 6 (4). Composition (6) The Negotiation Committee shall be composed of, (a) three members appointed by the Association to be known as the “staff side”; (b) three members appointed by the employer to be known as the “employer side”; and (c) a chair appointed by the members appointed under clauses (a) and (b) who shall not be a member of the staff side or of the employer side and who shall not vote. 1997, c. 21, Sched. A, s. 6 (4). Acting chair (7) The members appointed under clauses (6) (a) and (b) may appoint a person who is not a member of the staff side or of the employer side to act as chair when the chair is absent. 1997, c. 21, Sched. A, s. 6 (4). Duties of chair (8) The chair of the Negotiating Committee shall, (a) at the request of a member convene a meeting of the Negotiating Committee; (b) prepare the agenda for each meeting; and (c) preside at each meeting. R.S.O. 1990, c. P.47, s. 26 (8). Agenda (9) At the request of a member of the Negotiating Committee, the chair shall place upon the agenda any matter concerning, (a) the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this section so long as the request is made not earlier than ninety days and not later than sixty days before the expiration date of the agreement; (a.1) the making of a first agreement; or (b) the interpretation or clarification of any clause in an agreement. R.S.O. 1990, c. P.47, s. 26 (9); 2001, c. 7, s. 8 (7). Idem (10) Despite clause (9) (a), where, (a) a member of the Negotiating Committee requests that there be placed on the agenda a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this section; and (b) both the staff side and the employer side of the Negotiating Committee consent that the matter referred to in clause (a) be placed on the agenda, the chair shall place the matter on the agenda even though the request may have been made earlier than ninety days or later than sixty days, before the expiration date of the agreement. R.S.O. 1990, c. P.47, s. 26 (10). Quorum (11) A quorum of the Negotiating Committee consists of, (a) the chair; (b) two members of the staff side; and (c) two members of the employer side. R.S.O. 1990, c. P.47, s. 26 (11). Matters to be negotiated (12) The Negotiating Committee shall negotiate such matters as are put on its agenda under subsections (9) and (10). R.S.O. 1990, c. P.47, s. 26 (12). Grievance procedure (13) The Negotiating Committee may establish a binding arbitration procedure to deal with any grievance, (a) concerning working conditions or terms of employment other than, (i) a grievance to which the Police Services Act or the code of conduct contained in the regulations under that Act applies, (ii) a grievance that relates to pensions for employees who are part of a bargaining unit referred to in subsection (2), or (iii) a grievance that requires the creation of a new classification of employees referred to in subclause (ii), the alteration of an existing classification or a change to be made in the classification of any such employee; or (b) concerning the interpretation or clarification of any clause in an agreement. 1997, c. 21, Sched. A, s. 6 (4); 2001, c. 7, s. 8 (8). Decision (14) Every decision of the Negotiating Committee shall be in writing and in three copies and each copy shall be signed by the chair and by a representative of the staff side and by a representative of the employer side. R.S.O. 1990, c. P.47, s. 26 (14). When binding (15) A decision of the Negotiating Committee shall not be binding on the staff side or the employer side until the decision has been approved in the manner set out in subsection (16) and transmitted by the chair for implementation as set out in subsection (17). R.S.O. 1990, c. P.47, s. 26 (15). Approval (16) Approval of a decision of the Negotiating Committee shall be, (a) on the staff side, by a decision of the Board of Directors of the Association; and (b) on the employer side, by a decision of the Management Board of Cabinet. R.S.O. 1990, c. P.47, s. 26 (16). Implementation (17) The chair of the Negotiating Committee shall transmit every decision of the Negotiating Committee to the proper authority to be implemented. R.S.O. 1990, c. P.47, s. 26 (17).