jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “bargaining unit” means a bargaining unit determined in accordance with sections 25, 26 and 27; (“unité de négociation”) “collective agreement” means a written collective agreement between the Council on behalf of the employers and an employee organization respecting terms and conditions of employment negotiable under this Act; (“convention collective”) “college” means a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002; (“collège”) “Council” means the College Employer Council established under section 7.1 of the Ontario Colleges of Applied Arts and Technology Act, 2002; (“Conseil”) “employee” means a person who is employed by an employer and is a member of a bargaining unit; (“employé”) “employee organization” means a trade union within the meaning of the Labour Relations Act, 1995; (“association d’employés”) “employer” means a college; (“employeur”) “lock-out” means the suspension of employment of, or the refusal to assign work to, employees by an employer with the view to compelling the cessation of a strike or preventing the resumption of a strike or with the view to inducing or persuading the employee organization that represents the employees to enter into or renew a collective agreement; (“lock-out”) “strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding or any concerted action or activity on the part of employees designed to curtail, restrict, limit or interfere with the operation or functioning of a college or colleges, including without limitation, (a) withdrawal of services, (b) slow-down in the performance of duties, (c) the giving of notice to terminate employment; (“grève”) “vote by secret ballot” means a vote by ballots cast in such a manner that a person expressing his or her choice cannot be identified with the choice expressed. (“scrutin secret”)  2008, c. 15, ss. 1, 83 (1). Section Amendments with date in force (d/m/y) 2008, c. 15, s. 83 (1)
- 01/04/2010
2 (1) Collective negotiations respecting terms and conditions of employment, except for superannuation, of employees shall be carried out by the Council and the employee organization.  2008, c. 15, s. 2 (1). Application of Act (2) This Act applies to all collective negotiations concerning terms and conditions of employment, except for superannuation, of employees.  2008, c. 15, s. 2 (2). Negotiations to be in accordance with Act (3) No such collective negotiations shall be carried on except in accordance with this Act.  2008, c. 15, s. 2 (3). PART II   Collective Bargaining
3 (1) Following certification or voluntary recognition by the Council of an employee organization as bargaining agent of the members of a bargaining unit, the employee organization shall give the Council written notice of its desire to negotiate with a view to making a collective agreement.  2008, c. 15, s. 3 (1). Same (2) Either party to a collective agreement may give written notice to the other party, within the period of 90 days before the agreement expires, of its desire to negotiate with the view to the renewal, with or without modification, of the agreement then in operation.  2008, c. 15, s. 3 (2). Same (3) Where a collective agreement exists and no party to the agreement gives notice in accordance with this Act of its desire to negotiate with the view to the renewal of the agreement, the agreement continues in operation and is renewed from year to year, each time for a period of one year, until the year, if any, in which notice is given in accordance with subsection (2) of desire to negotiate with the view to the renewal, with or without modification, of the agreement.  2008, c. 15, s. 3 (3).
4 The parties shall meet within 30 days after the giving of the notice under section 3, and shall negotiate in good faith and make every reasonable effort to make a collective agreement or to renew the collective agreement, as the case requires.  2008, c. 15, s. 4.
5 (1) Where notice has been given under section 3, the Minister of Labour, on the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.  2008, c. 15, s. 5 (1). Same, where no notice given (2) Despite the failure of a party to give written notice under section 3, where the parties have met and bargained, the Minister of Labour may, on the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.  2008, c. 15, s. 5 (2). Same, voluntary recognition (3) Where the Council and an employee organization agree that the Council recognizes the employee organization as the exclusive bargaining agent of the members of a bargaining unit and the agreement is in writing signed by the parties, the Minister of Labour may, on the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.  2008, c. 15, s. 5 (3). Same, joint request (4) When the Minister of Labour has appointed a conciliation officer or mediator or both and the parties have not entered into a collective agreement within 15 months from the last appointment, the Minister may, on the joint request of the parties, again appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement and, on the appointment being made, sections 6, 7, 17 to 19, 21, 51, 52, 58 and 59 apply.  2008, c. 15, s. 5 (4). Second conciliation officer (5) The appointment of a second conciliation officer is not a bar to an application for certification or for a declaration that the employee organization ceases to represent the members of the bargaining unit.  2008, c. 15, s. 5 (5).
6 (1) Where the Minister of Labour is required or authorized to appoint a conciliation officer, the Minister may, on the request in writing of the parties, appoint a mediator selected by them jointly.  2008, c. 15, s. 6 (1). Same (2) When the Minister appoints a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is terminated.  2008, c. 15, s. 6 (2).
7 (1) Where a conciliation officer is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement and he or she shall, within 14 days from his or her appointment, report the result of his or her endeavour to the Minister of Labour.  2008, c. 15, s. 7 (1). Extension of 14-day period (2) The period mentioned in subsection (1) may be extended by agreement of the parties or by the Minister on the advice of the conciliation officer that a collective agreement may be made within a reasonable time if the period is extended.  2008, c. 15, s. 7 (2). Report to Minister (3) The report to the Minister under subsection (1) shall state that, (a) the differences between the parties concerning the terms of a collective agreement have been settled; or (b) despite the efforts of the conciliation officer, the terms of a collective agreement have not been settled.  2008, c. 15, s. 7 (3). Notice to parties (4) The Minister shall forthwith by notice in writing, which shall be dated, inform the parties of the report.  2008, c. 15, s. 7 (4). PART III   COLLECTIVE AGREEMENTS General
8 (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate.  2008, c. 15, s. 8 (1). Extension of term of collective agreement (2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the employee organization ceases to represent the members of the bargaining unit and the continuation of the collective agreement may be terminated by either party on 30 days notice to the other party.  2008, c. 15, s. 8 (2). Early termination of collective agreements (3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Ontario Labour Relations Board on the joint application of the parties.  2008, c. 15, s. 8 (3). Revision by mutual consent (4) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation.  2008, c. 15, s. 8 (4).
9 Every collective agreement shall be deemed to provide that there will be no strike or lock-out during the term of the agreement or of any renewal of the agreement.  2008, c. 15, s. 9.
10 On the execution of a collective agreement, each party to the agreement shall forthwith give a copy of the agreement to the Minister of Labour.  2008, c. 15, s. 10.
11 A collective agreement is binding on the Council, the employers and the employee organization that is a party to it and on the members of the bargaining unit covered by the agreement.  2008, c. 15, s. 11.
12 Every collective agreement is deemed to provide that the employee organization that is a party to the agreement is recognized as the exclusive bargaining agent for the bargaining unit to which the agreement applies.  2008, c. 15, s. 12.
13 (1) The parties to a collective agreement may provide for the payment of dues or contributions by the members of the bargaining unit covered by the collective agreement to the employee organization.  2008, c. 15, s. 13 (1). Where objection to dues because of religious belief (2) Where the Ontario Labour Relations Board is satisfied that an employee because of his or her religious convictions or belief objects to paying dues or contributions to an employee organization, the Ontario Labour Relations Board shall order that the provisions of the collective agreement pertaining to such payments do not apply to that employee and that the employee is not required to pay dues or contributions to the employee organization.  2008, c. 15, s. 13 (2). Same (3) Amounts equivalent to the payments that would have been made by the employee if an order respecting the employee had not been made under subsection (2) shall be paid by the employer to a charitable organization mutually agreed on by the employee and the employee organization and, failing agreement, to a charitable organization that is registered as a charitable organization under Part I of the Income Tax Act (Canada) and designated by the Ontario Labour Relations Board.  2008, c. 15, s. 13 (3). Requiring membership in employee organization prohibited (4) No collective agreement shall contain a provision that would require, as a condition of employment, membership in the employee organization.  2008, c. 15, s. 13 (4). Arbitration under a Collective Agreement
15 (1) Where, in respect of a bargaining unit, notice has been given under section 3 or an application for certification has been made under section 29, the terms and conditions applicable to or binding on the Council, the employer, the employee organization or the employees shall not be altered, except by agreement in writing between the Council and the employee organization, until, (a) the conditions set out in section 17 are met; (b) the conditions set out in clauses 21 (1) (a), (b) and (d) are met; or (c) the application made under section 29 is dismissed or terminated by the Ontario Labour Relations Board or withdrawn by the employee organization.  2008, c. 15, s. 15 (1). Differences may be arbitrated (2) Where notice has been given under subsection 3 (2) and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation and section 14 applies with necessary modifications.  2008, c. 15, s. 15 (2). Conduct of Ratification Vote
16 A vote to ratify a proposed collective agreement or memorandum of settlement taken by an employee organization shall be a vote by secret ballot, conducted under the supervision of and in the manner directed by the Ontario Labour Relations Board.  2008, c. 15, s. 16. PART IV   STRIKES AND LOCK-OUTS
17 (1) No employee shall strike unless, (a) there is no collective agreement in operation between the Council and the employee organization that represents the employee; (b) a conciliation officer has made a report to the Minister of Labour under clause 7 (3) (b) to the effect that, despite his or her efforts, the terms of a collective agreement have not been settled and the Minister has informed the parties of the report by notice in writing in accordance with subsection 7 (4); (c) the members of the bargaining unit have voted in favour of a strike by a vote by secret ballot conducted under the supervision of and in the manner determined by the Ontario Labour Relations Board; (d) after a vote in favour of a strike in accordance with clause (c), the employee organization that represents the employee gives the Council and the employer written notice of the strike and of the date on which the strike will commence at least five days before the commencement of the strike; and (e) 16 days have elapsed after the date on the Minister’s notice referred to in clause (b).  2008, c. 15, s. 17 (1). Vote on Council’s offer (2) The Council may, no earlier than 15 days before the expiry of a collective agreement, make a request in writing to the Ontario Labour Relations Board that a vote of the employees be taken to accept or reject the offer of the Council last received by the employee organization in respect of all matters remaining in dispute between the parties to the collective agreement.  2008, c. 15, s. 17 (2). Same (3) Only one request may be made under subsection (2).  2008, c. 15, s. 17 (3). Same (4) Where a request is made in accordance with subsection (2), a vote by secret ballot by the members of the bargaining unit shall be conducted under the supervision of and in the manner determined by the Ontario Labour Relations Board.  2008, c. 15, s. 17 (4).
18 (1) No employee organization shall call or authorize or threaten to call or authorize an unlawful strike.  2008, c. 15, s. 18 (1). Same (2) No officer, official or agent of an employee organization shall counsel, procure, support or encourage an unlawful strike or threaten an unlawful strike.  2008, c. 15, s. 18 (2).
19 (1) The Council or an employer shall not call or authorize or threaten to call or authorize an unlawful lock-out.  2008, c. 15, s. 19 (1). Same (2) No officer, official or agent of the Council or of an employer shall counsel, procure, support or encourage an unlawful lock-out or threaten an unlawful lock-out.  2008, c. 15, s. 19 (2). Declarations: unlawful strike or lock-out
20 (1) Where an employee organization calls or authorizes a strike or employees engage in a strike that the Council or an employer alleges is unlawful, the Council or the employer may apply to the Ontario Labour Relations Board for a declaration that the strike is unlawful, and the Board may make the declaration.  2008, c. 15, s. 20 (1). Declaration of unlawful lock-out (2) Where the Council or employer calls or authorizes a lock-out of employees that the employee organization concerned alleges is unlawful, the employee organization may apply to the Ontario Labour Relations Board for a declaration that the lock-out is unlawful, and the Board may make the declaration.  2008, c. 15, s. 20 (2). Direction by Ontario Labour Relations Board (3) Where the Ontario Labour Relations Board makes a declaration under subsection (1) or (2), the Board in its discretion may, in addition, direct what action if any a person, employee, employee organization, the Council, an employer or an officer, official or agent of an employee organization, the Council or an employer shall do or refrain from doing with respect to the unlawful strike or unlawful lock-out.  2008, c. 15, s. 20 (3). Enforcement of direction (4) A party to a direction under subsection (3) may file the direction in the prescribed form, excluding the reasons, in the Superior Court of Justice and the direction shall be entered in the same way as an order of the court and is enforceable as such.  2008, c. 15, s. 20 (4).
21 (1) No employer shall lock out employees unless, (a) there is no collective agreement in operation between the Council and the employee organization that represents the employees; (b) a conciliation officer has made a report to the Minister of Labour under clause 7 (3) (b) to the effect that, despite his or her efforts, the terms of a collective agreement have not been settled and the Minister has informed the parties of the report by notice in writing in accordance with subsection 7 (4); (c) the Council on behalf of all employers gives the employee organization that represents the employees written notice of the lock-out and of the date on which the lock-out will commence at least five days before the commencement of the lock-out; and (d) 16 days have elapsed after the date on the Minister’s notice referred to in clause (b).  2008, c. 15, s. 21 (1). Closing of college (2) Where an employee organization calls or authorizes a lawful strike or employees engage in a lawful strike, an employer may close a college or a part of a college where the employer is of the opinion that, (a) the safety of students enrolled in the college may be endangered; (b) the college buildings or the equipment or supplies therein may not be adequately protected during the strike; or (c) the strike will substantially interfere with the operation of the college.  2008, c. 15, s. 21 (2). Same (3) The employer may keep the college or a part of a college closed until the employee organization that called or authorized the strike or that represents the employees engaged in the strike gives written notice to the Council that the strike is ended.  2008, c. 15, s. 21 (3).
22 For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of ceasing to work for his or her employer as the result of a lawful lock-out or lawful strike or by reason only of being dismissed by his or her employer contrary to this Act or to a collective agreement.  2008, c. 15, s. 22. PART V   REPRESENTATION RIGHTS General
23 Every person is free to join an employee organization of his or her own choice and to participate in its lawful activities.  2008, c. 15, s. 23.
24 The Council has the exclusive responsibility for all collective negotiations on behalf of employers conducted under this Act.  2008, c. 15, s. 24. Bargaining Units
25 From the day this Act receives Royal Assent until a first regulation comes into force under section 27, the bargaining units for the purposes of this Act shall be the units described in Schedule 1.  2008, c. 15, s. 25. Section Amendments with date in force (d/m/y) 2008, c. 15, s. 83 (3)
- no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2018
26 (1) The Council and the bargaining agents of one or more bargaining units may apply to the Ontario Labour Relations Board proposing, (a) changes in the description of bargaining units; (b) the establishment of bargaining units; (c) the elimination of bargaining units.  2008, c. 15, s. 26 (1). Same (2) The applicants shall set out the details of the proposal in the application.  2008, c. 15, s. 26 (2). Same (3) The Board shall not consider the application unless the applicants include the Council and the bargaining agent of, (a) every bargaining unit that would be eliminated if the proposal were implemented; and (b) every bargaining unit the description of which would be changed if the proposal were implemented.  2008, c. 15, s. 26 (3). Timing of application (4) The first application under this section that would change the description of or eliminate a bargaining unit described in section 1 or 2 of Schedule 1 shall not be made before the later of, (a) one year after the day this Act receives Royal Assent; and (b) the day after a collective agreement has been executed in respect of the bargaining unit described in section 2 of Schedule 1.  2008, c. 15, s. 26 (4). Same (5) The first application under this section that would change the description of or eliminate a bargaining unit described in section 3 or 4 of Schedule 1 shall not be made before the later of, (a) one year after the day this Act receives Royal Assent; and (b) the day after a collective agreement has been executed in respect of the bargaining unit described in section 4 of Schedule 1.  2008, c. 15, s. 26 (5).
27 (1) After considering an application made under section 26, and subject to the prior approval of the Lieutenant Governor in Council, the Ontario Labour Relations Board may, for the purposes of this Act, make regulations, (a) changing the description of bargaining units; (b) establishing bargaining units; (c) eliminating bargaining units.  2008, c. 15, s. 27 (1). Regulations may differ from proposal (2) The regulation need not give effect, in whole or in part, to the proposal in the application and may change the description of bargaining units, establish bargaining units and eliminate bargaining units in ways not proposed in the application.  2008, c. 15, s. 27 (2). Regulations re transitional, etc., matters (3) The regulation may govern transitional and consequential matters as the Board considers appropriate.  2008, c. 15, s. 27 (3). First regulation (4) The first regulation made under this section shall describe all bargaining units for the purposes of this Act.  2008, c. 15, s. 27 (4). Consequences, regulation re bargaining units
30 (1) If the Ontario Labour Relations Board determines that 35 per cent or more of the individuals in the bargaining unit referred to in the application for certification appear to be members of the employee organization at the time the application was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency.  2008, c. 15, s. 30 (1). Membership in employee organization (2) The determination under subsection (1) shall be based only on the information provided in the application for certification and the accompanying information provided under subsection 29 (17).  2008, c. 15, s. 30 (2). No hearing (3) The Board shall not hold a hearing when making a decision under subsection (1).  2008, c. 15, s. 30 (3). Timing of vote (4) The representation vote shall be held in a timely manner, within a time period determined by the Board.  2008, c. 15, s. 30 (4). Same (5) In determining the time period under subsection (4), the Board shall ensure that the vote is held during a time period when the persons eligible to participate in the vote are substantially representative of persons likely to be substantially affected by the result of the representation vote.  2008, c. 15, s. 30 (5). Conduct of vote (6) The representation vote shall be a vote by secret ballot conducted under the supervision of and in the manner determined by the Board.  2008, c. 15, s. 30 (6). Sealing of ballot box, etc. (7) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs.  2008, c. 15, s. 30 (7). Subsequent hearing (8) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to make a decision on the application for certification.  2008, c. 15, s. 30 (8). Exception (9) When making a decision on an application for certification, the Board shall not consider any challenge to the information provided under clause 29 (17) (b).  2008, c. 15, s. 30 (9).
31 (1) If the Council disagrees with the employee organization’s estimate under clause 29 (17) (a) of the number of individuals in the bargaining unit, the Council may give the Ontario Labour Relations Board a notice that it disagrees with that estimate.  2008, c. 15, s. 31 (1). Content of notice (2) A notice under subsection (1) shall include the Council’s estimate of the number of individuals in the bargaining unit.  2008, c. 15, s. 31 (2). Deadline for notice (3) A notice under subsection (1) shall be given within two days (excluding Saturdays, Sundays and holidays) after the day on which the Council receives the application for certification.  2008, c. 15, s. 31 (3). Sealing of ballot boxes (4) If the Board receives a notice under subsection (1), the Board shall direct that the ballot boxes from the representation vote be sealed unless the employee organization and the Council agree otherwise.  2008, c. 15, s. 31 (4). Board determinations, etc. (5) The following apply if the Board receives a notice under subsection (1): 1. The Board shall not certify the employee organization as the bargaining agent or dismiss the application for certification except as allowed under paragraph 2 or as required under paragraph 6. 2. If the Board did not direct that the ballot boxes be sealed, the Board may dismiss the application for certification. 3. The Board shall determine the number of individuals in the bargaining unit at the time the application for certification was filed with the Board. 4. The Board shall determine the percentage of the individuals in the unit who appear to be members of the employee organization at the time the application for certification was filed with the Board, based on the Board’s determination under paragraph 3 and the information provided under clause 29 (17) (b). 5. If the percentage determined under paragraph 4 is less than 35 per cent, the Board shall dismiss the application for certification and, if the ballot boxes were sealed, the Board shall direct that the ballots be destroyed without being counted. 6. If the percentage determined under paragraph 4 is 35 per cent or more, i. if the ballot boxes were sealed, the Board shall direct that the ballot boxes be opened and the ballots counted, subject to any direction the Board has made under subsection 30 (7), and ii. the Board shall either certify the employee organization or dismiss the application for certification in accordance with sections 32, 33 and 34.  2008, c. 15, s. 31 (5).
32 (1) The Ontario Labour Relations Board shall certify an employee organization as the bargaining agent of the members of a bargaining unit if more than 50 per cent of the ballots cast in the representation vote are cast in favour of the employee organization.  2008, c. 15, s. 32 (1). No certification (2) The Board shall not certify the employee organization as bargaining agent and shall dismiss the application for certification if 50 per cent or less of the ballots cast in the representation vote are cast in favour of the employee organization.  2008, c. 15, s. 32 (2). Bar to reapplying (3) If the Board dismisses an application for certification under this section, the Board shall not consider another application for certification by any employee organization as the bargaining agent of any member that was in the bargaining unit that was the subject of the original application until one year after the original application is dismissed.  2008, c. 15, s. 32 (3). Exception (4) Subsection (3) does not apply if the employee organization whose application was dismissed is an employee organization that the Board is prohibited from certifying under section 35.  2008, c. 15, s. 32 (4). Same (5) Despite subsection (3), the Board may consider an application for certification by an employee organization as the bargaining agent for members of a bargaining unit that includes a member who was in the bargaining unit that was the subject of the original application if, (a) the position of the member at the time the original application was made was different from his or her position at the time the new application was made; and (b) the member would not have been in the bargaining unit that is the subject of the new application had he or she still been occupying the original position when the new application was made.  2008, c. 15, s. 32 (5). Same (6) For greater certainty, subsection (3) does not apply with respect to a dismissal under paragraph 5 of subsection 31 (5).  2008, c. 15, s. 32 (6).
33 (1) Subsection (2) applies where the Council, an employer, or a person acting on behalf of the Council or an employer contravenes this Act and, as a result, (a) the true wishes of the members of the bargaining unit were not likely reflected in a representation vote; or (b) an employee organization was not able to demonstrate that 35 per cent or more of the individuals in the bargaining unit referred to in the application for certification appeared to be members of the employee organization at the time the application was filed.  2008, c. 15, s. 33 (1). Same (2) In the circumstances described in subsection (1), on the application of the employee organization, the Ontario Labour Relations Board may, (a) order that a representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the members of the bargaining unit; (b) order that another representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the members of the bargaining unit; or (c) certify the employee organization as the bargaining agent of the members of the bargaining unit if no other remedy would be sufficient to counter the effects of the contravention.  2008, c. 15, s. 33 (2). Same (3) Subsections 30 (4) to (9) apply with necessary modifications to a representation vote under this section.  2008, c. 15, s. 33 (3). Same (4) An order under subsection (2) may be made despite section 31 or subsection 32 (2).  2008, c. 15, s. 33 (4). Considerations (5) On an application made under this section, the Board may consider, (a) the results of a previous representation vote; and (b) whether the employee organization appears to have membership support adequate for the purposes of collective bargaining.  2008, c. 15, s. 33 (5).
34 (1) Subsection (2) applies where an employee organization or person acting on behalf of an employee organization contravenes this Act and, as a result, the true wishes of the members of the bargaining unit were not likely reflected in a representation vote.  2008, c. 15, s. 34 (1). Same (2) In the circumstances described in subsection (1), on the application of an interested person, the Ontario Labour Relations Board may, despite subsection 32 (1), (a) order that another representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the members of the bargaining unit; or (b) dismiss the application for certification if no other remedy would be sufficient to counter the effects of the contravention.  2008, c. 15, s. 34 (2). Same (3) Subsections 30 (4) to (9) apply with necessary modifications to a representation vote under this section.  2008, c. 15, s. 34 (3). Same (4) An order under subsection (2) may be made despite subsection 32 (1).  2008, c. 15, s. 34 (4). Considerations (5) On an application made under this section, the Board may consider, (a) the results of a previous representation vote; and (b) whether the employee organization appears to have membership support adequate for the purposes of collective bargaining.  2008, c. 15, s. 34 (5). Bar to reapplying (6) If the Board dismisses an application for certification under clause (2) (b), the Board shall not consider another application for certification by the employee organization as the bargaining agent of any member that was in the bargaining unit that was the subject of the original application until one year after the application is dismissed.  2008, c. 15, s. 34 (6). Same (7) Despite subsection (6), the Board may consider an application for certification by the employee organization as the bargaining agent for members of a bargaining unit that includes a member who was in the bargaining unit that was the subject of the original application if, (a) the position of the member at the time the original application was made was different from his or her position at the time the new application was made; and (b) the member would not have been in the bargaining unit that is the subject of the new application had he or she still been occupying the original position when the new application was made.  2008, c. 15, s. 34 (7).
35 The Ontario Labour Relations Board shall not certify an employee organization if, in the opinion of the Board, (a) the Council, or an employer or any person acting on behalf of the Council or an employer, has participated in the formation or administration of the employee organization or has contributed financial or other support to it; or (b) the employee organization discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code or the Canadian Charter of Rights and Freedoms.  2008, c. 15, s. 35.
36 (1) If the employee organization that applies for certification under subsection 29 (4), (5) or (6) is certified as bargaining agent of the members of the bargaining unit to which the collective agreement applies, the employee organization that was or is a party to the agreement, as the case may be, forthwith ceases to represent the members of the bargaining unit and the agreement expires.  2008, c. 15, s. 36 (1). Same (2) If the employee organization that applies for certification under subsection 29 (2) is certified as bargaining agent for the members of a bargaining unit to which the certificate issued to the employee organization that was previously certified refers, the latter employee organization forthwith ceases to represent the members of the bargaining unit referred to in the certificate issued to the former employee organization.  2008, c. 15, s. 36 (2).
37 Where employees of an employer reside on the property of the employer, or on property to which the employer has the right to control access, the employer shall, on a direction from the Ontario Labour Relations Board, allow the representative of an employee organization access to the property on which the employees reside for the purpose of attempting to persuade the employees to join an employee organization.  2008, c. 15, s. 37. Termination of Bargaining Rights
38 (1) If an employee organization does not make a collective agreement with the Council within one year after its certification, any of the members of the bargaining unit referred to in the certificate may, subject to section 48, apply to the Ontario Labour Relations Board for a declaration that the employee organization ceases to represent the members of the bargaining unit.  2008, c. 15, s. 38 (1). Same (2) Any of the members of the bargaining unit to which a collective agreement applies may, subject to section 48, apply to the Ontario Labour Relations Board for a declaration that the employee organization ceases to represent the members of the bargaining unit, (a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last three months of its operation; (b) in the case of a collective agreement for a term of more than three years, only after the commencement of the 34th month of its operation and before the commencement of the 37th month of its operation and during the three-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last three months of its operation, as the case may be; (c) in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last three months of each year that it so continues to operate or after the commencement of the last three months of its operation, as the case may be.  2008, c. 15, s. 38 (2). Notice to Council (3) The applicant shall deliver a copy of the application to the Council and the employee organization by the time required under the rules made by the Ontario Labour Relations Board and, if there is no rule, not later than the day on which the application is filed with the Board.  2008, c. 15, s. 38 (3). Evidence (4) The application filed with the Board shall be accompanied by a list of the names of members of the bargaining unit who have expressed a wish not to be represented by the employee organization and evidence of the wishes of those members.  2008, c. 15, s. 38 (4). Names not to be given to Council, etc. (5) The applicant shall not give the information referred to in subsection (4) to the Council, the employer or the employee organization.  2008, c. 15, s. 38 (5).
39 (1) If the Ontario Labour Relations Board determines that a majority of the members of the bargaining unit appear to have expressed a wish not to be represented by the employee organization at the time the application was filed, the Board shall direct that a representation vote be taken among the members of the bargaining unit.  2008, c. 15, s. 39 (1). Same (2) The determination of the number of members of the bargaining unit who appear to have expressed a wish not to be represented by the employee organization shall be based only on the information provided in the application and the accompanying information provided under subsection 38 (4).  2008, c. 15, s. 39 (2). Same (3) The Board may consider such information as it considers appropriate to determine the number of members of the bargaining unit.  2008, c. 15, s. 39 (3). No hearing (4) The Board shall not hold a hearing when making a decision under subsection (1).  2008, c. 15, s. 39 (4). Timing of vote (5) The representation vote shall be held within a time period determined by the Board.  2008, c. 15, s. 39 (5). Same (6) In determining the time period under subsection (5), the Board shall ensure that the vote is held during a time period when the persons eligible to participate in the vote are substantially representative of persons likely to be substantially affected by the result of the representation vote.  2008, c. 15, s. 39 (6). Conduct of vote (7) The representation vote shall be a vote by secret ballot conducted under the supervision of and in the manner determined by the Board.  2008, c. 15, s. 39 (7). Sealing of ballot box, etc. (8) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs.  2008, c. 15, s. 39 (8). Subsequent hearing (9) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to make a decision on the application.  2008, c. 15, s. 39 (9). Exception (10) When making a decision on an application, the Board shall not consider any challenge to the information provided under subsection 38 (4).  2008, c. 15, s. 39 (10).
40 (1) If on the taking of the representation vote more than 50 per cent of the ballots cast are cast in opposition to the employee organization, the Ontario Labour Relations Board shall declare that the employee organization that was certified or that was or is a party to the collective agreement, as the case may be, ceases to represent the members of the bargaining unit.  2008, c. 15, s. 40 (1). Dismissal of application (2) The Board shall dismiss the application unless more than 50 per cent of the ballots cast in the representation vote by the members of the bargaining unit are cast in opposition to the employee organization.  2008, c. 15, s. 40 (2).
41 Despite subsections 39 (1) and 40 (1), the Ontario Labour Relations Board may dismiss the application if the Board is satisfied that the Council or an employer, or a person acting on behalf of the Council or an employer, initiated the application or engaged in threats, coercion or intimidation in connection with the application.  2008, c. 15, s. 41.
42 On an application under subsection 38 (1) or (2), where the employee organization concerned informs the Ontario Labour Relations Board that it does not desire to continue to represent the members of the bargaining unit, the Board may declare that the employee organization ceases to represent the members of the bargaining unit.  2008, c. 15, s. 42.
43 On the Ontario Labour Relations Board making a declaration under subsection 40 (1) or section 42, any collective agreement in operation between the employee organization and the Council that is binding on the members of the bargaining unit expires forthwith.  2008, c. 15, s. 43.
44 (1) If an employee organization has obtained a certificate by fraud, the Ontario Labour Relations Board may at any time declare that the employee organization ceases to represent the members of the bargaining unit and, on the making of such a declaration, the employee organization is not entitled to claim any rights or privileges flowing from certification and, if it has made a collective agreement applicable to the members of the bargaining unit, the collective agreement is void.  2008, c. 15, s. 44 (1). Same (2) In deciding whether to make a declaration under subsection (1), the Board may consider a challenge to information provided under clause 29 (17) (b).  2008, c. 15, s. 44 (2).
45 (1) If an applicant has obtained a declaration under subsection 40 (1) or section 42 by fraud, the Ontario Labour Relations Board may at any time rescind the declaration.  2008, c. 15, s. 45 (1). Same (2) If the declaration is rescinded, the employee organization is restored as the bargaining agent for the members of the bargaining unit and any collective agreement that, but for the declaration, would have applied with respect to the members becomes binding as if the declaration had not been made.  2008, c. 15, s. 45 (2). Same (3) In deciding whether to rescind a declaration under subsection (1), the Board may consider a challenge to information provided under subsection 38 (4).  2008, c. 15, s. 45 (3).
46 (1) If an employee organization fails to give the Council notice under subsection 3 (1) within 60 days following certification or if it fails to give notice under subsection 3 (2) and no notice is given by the Council under subsection 3 (2), the Ontario Labour Relations Board may, on the application of the Council or of any of the members of the bargaining unit, and with or without a representation vote, declare that the employee organization ceases to represent the members of the bargaining unit.  2008, c. 15, s. 46 (1). Same (2) Where an employee organization that has given notice under section 3 or that has received notice under section 3 fails to commence to bargain within 60 days from the giving of the notice or, after having commenced to bargain but before the Minister of Labour has appointed a conciliation officer or mediator, allows a period of 60 days to elapse during which it has not sought to bargain, the Ontario Labour Relations Board may, on the application of the Council or of any of the members of the bargaining unit and with or without a representation vote, declare that the employee organization ceases to represent the members of the bargaining unit.  2008, c. 15, s. 46 (2). Representation vote (3) Subsections 30 (4) to (9) apply with necessary modifications to a representation vote under this section.  2008, c. 15, s. 46 (3).
47 (1) Where the Council and an employee organization that has not been certified as the bargaining agent for the members of a bargaining unit enter into a collective agreement, or a recognition agreement as provided for in subsection 5 (3), the Ontario Labour Relations Board may, on the application of any member of the bargaining unit or of another employee organization acting on behalf of any member of the bargaining unit, during the first year of the period of time that the first collective agreement between them is in operation or, if no collective agreement has been entered into, within one year from the signing of such recognition agreement, declare that the employee organization was not, at the time the agreement was entered into, entitled to represent the members of the bargaining unit.  2008, c. 15, s. 47 (1). Powers of Board before deciding an application (2) Before making a decision on an application under subsection (1), the Board may make such inquiry, require the production of such evidence and the doing of such things, or hold such representation votes, as it considers appropriate.  2008, c. 15, s. 47 (2). Onus (3) On an application under subsection (1), the onus of establishing that the employee organization was entitled to represent the members of the bargaining unit at the time the agreement was entered into rests on the parties to the agreement.  2008, c. 15, s. 47 (3). Declaration to terminate agreement (4) On the Board making a declaration under subsection (1), the employee organization forthwith ceases to represent the members of the bargaining unit to which the recognition agreement or collective agreement applies and any collective agreement in operation between the employee organization and the Council expires forthwith in respect of the employees affected by the application.  2008, c. 15, s. 47 (4). Timing of Applications for Certification or Termination Timing
49 Nothing in this Act authorizes any person to attempt at the place at which an individual employed by an employer works to persuade the individual during his or her working hours to become or refrain from becoming or continuing to be a member of an employee organization, except as the Council and an employee organization may otherwise agree.  2008, c. 15, s. 49.
50 (1) The Council, an employer or a person acting on behalf of the Council or an employer shall not engage in strike-related misconduct or retain the services of a professional strike breaker and no person shall act as a professional strike breaker.  2008, c. 15, s. 50 (1). Definitions (2) For the purposes of subsection (1), “professional strike breaker” means a person who is not involved in a dispute whose primary object, in the opinion of the Ontario Labour Relations Board, is to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lawful strike or lock-out; (“briseur de grève professionnel”) “strike-related misconduct” means a course of conduct of incitement, intimidation, coercion, undue influence, provocation, infiltration, surveillance or any other like course of conduct intended to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lawful strike or lock-out. (“inconduite liée à une grève”)  2008, c. 15, s. 50 (2). Other rights not affected (3) Nothing in this section shall be deemed to restrict or limit any right or prohibition contained in any other provision of this Act.  2008, c. 15, s. 50 (3).
51 (1) Where an employee engaging in a lawful strike makes an unconditional application in writing to the employee’s employer within six months from the commencement of the lawful strike to return to work, the employer shall, subject to subsection (2), reinstate the employee in the employee’s former employment, on such terms as the employer and employee may agree on, and the employer in offering terms of employment shall not discriminate against the employee for exercising or have exercised any rights under this Act.  2008, c. 15, s. 51 (1). Exceptions (2) An employer is not required to reinstate an employee who has made an application to return to work in accordance with subsection (1), (a) where the employer no longer has persons engaged in performing work of the same or similar nature to work which the employee performed before the employee’s cessation of work; or (b) where there has been a suspension or discontinuance for cause of an employer’s operations, or any part of them, but, if the employer resumes such operations, the employer shall first reinstate those employees who have made an application under subsection (1).  2008, c. 15, s. 51 (2).