20 (1) All employees in bargaining units that are not teachers’ bargaining units who are represented by the same trade union and its affiliated local trade unions must be represented by the same employee bargaining agency. 2017, c. 3, s. 9. 60 or more bargaining units, single trade union (2) If all of the following conditions are met, the Minister shall, by regulation, designate a trade union as the employee bargaining agency for all employees in all of the bargaining units that are not teachers’ bargaining units represented by that trade union and its affiliated local trade unions: 1. The trade union and its affiliated local trade unions represent at least 60 bargaining units that are not teachers’ bargaining units. 2. The Minister is satisfied that the trade union and its affiliated local trade unions are the bargaining agents for the bargaining units at issue. 2017, c. 3, s. 9. 15 or more bargaining units (3) If all of the following conditions are met, the Minister shall, by regulation, designate a trade union or council of unions 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 has not been designated as an employee bargaining agency under subsection (2). 2. The trade union or council of unions must request the designation under this subsection. 3. The trade union or council of unions must specify the bargaining units for which the designation is requested. 4. The designation must be requested for at least 15 specified bargaining units. 5. In the case of a council of unions requesting designation, the expiry dates of the collective agreements that apply to the constituent trade unions of the council of unions are the same. 6. In the case of a trade union requesting designation, the Minister is satisfied that the trade union and its affiliated local trade unions are the bargaining agents for the specified bargaining units. 7. In the case of a council of unions requesting designation, the Minister is satisfied that the bargaining agents for all the bargaining units to be represented at the applicable central table have vested in the council appropriate authority enabling it to discharge the responsibilities of an employee bargaining agency. 2017, c. 3, s. 9. Revocation of designation under subs. (2) (4) If a trade union that has been or would be designated as an employee bargaining agency under subsection (2) becomes a constituent member of a council of unions and the council of unions requests a designation under subsection (3), then, despite subsection (2), the Minister shall not designate the trade union under subsection (2) and shall, by regulation, revoke any such designation. 2017, c. 3, s. 9. Trade union application for advice (5) If, on the day section 9 of the School Boards Collective Bargaining Amendment Act, 2017 comes into force, a trade union is not a constituent member of a council of unions designated as an employee bargaining agency, and has not itself been designated as an employee bargaining agency, it shall, on or before the date specified by regulation, apply to the Ontario Labour Relations Board for advice and notify the Minister that an application has been made. 2017, c. 3, s. 9. Crown application for advice (6) If the trade union does not apply for advice in accordance with subsection (5), the Crown may apply to the Board for advice. 2017, c. 3, s. 9. Board advice (7) If an application is made to the Board under subsection (5) or (6), the Board shall provide advice, which may include the following: 1. A recommendation to the trade union to join a particular council of unions. 2. A recommendation to a council of unions to accept the trade union into its membership. 3. General advice in respect of the composition of councils of unions. 4. Advice about documents to establish and govern a council of unions. 5. Any other advice the Board believes is advisable in the circumstances to ensure that all employees in every school board who are in bargaining units other than teachers’ bargaining units are represented by an employee bargaining agency for the purposes of central bargaining. 2017, c. 3, s. 9. Trade union application for order (8) If, on the date specified by regulation, a trade union is still not a constituent member of a council of unions designated as an employee bargaining agency and has not itself been designated as an employee bargaining agency, it shall, on or before that date, apply to the Board for an order and notify the Minister that an application has been made. 2017, c. 3, s. 9. Crown application for order (9) If a trade union does not apply for an order in accordance with subsection (8), the Crown may apply to the Board for the order. 2017, c. 3, s. 9. Board order (10) If an application is made to the Board under subsection (8) or (9), the Board shall make one or more of the following orders: 1. An order directing the trade union to join an existing council of unions. 2. An order directing an existing council of unions to accept the trade union into its membership, including directing the council to amend the documents that establish and govern the council. 3. An order that establishes a council of unions, including the necessary documentation to do so. The Board may only make this order if, in the Board’s opinion, the order is necessary. 4. Any other order the Board believes is advisable in the circumstances to ensure that all employees in every school board who are in bargaining units other than teachers’ bargaining units are represented by an employee bargaining agency for the purposes of central bargaining. 5. Any other type of order that the Lieutenant Governor in Council may, by regulation, specify. 2017, c. 3, s. 9. Restrictions on Board orders (11) In making an order under subsection (10), the Board must ensure that, (a) the result required by the order would be in compliance with subsection (1); and (b) the order does not result in a council of unions that represents employees in fewer than 15 bargaining units. 2017, c. 3, s. 9. Designation regulation (12) If an order is made under subsection (10), the Minister shall make a regulation that designates employee bargaining agencies in accordance with the order. 2017, c. 3, s. 9. New bargaining units (13) If a trade union is certified or voluntarily recognized on or after the day section 9 of the School Boards Collective Bargaining Amendment Act, 2017 comes into force, and on the date specified by regulation, the trade union is not a constituent member of a council of unions designated as an employee bargaining agency and has not itself been designated as an employee bargaining agency, subsections (5) to (12) apply with necessary modifications. 2017, c. 3, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 9
- 04/05/2018