163.5 (1) A provincial agreement shall be deemed to include the following provision with respect to an employer who is bound by it if the employer so elects: 1. Up to 75 per cent of the employees who perform work in fulfilling a contract for construction in the industrial, commercial and institutional sector of the construction industry may be individuals who were hired by the employer without referral from or selection, designation, assignment or scheduling by or the concurrence of the affiliated bargaining agent in whose geographic jurisdiction the work is performed. 2. For the purposes of article 1, no more than 40 per cent of the employees who perform work in fulfilling the contract may be individuals who are not members of the affiliated bargaining agent in whose geographic jurisdiction the work is performed. 3. The percentages set out in articles 1 and 2 must apply with reference to the number of employees of the employer who perform work under the provincial agreement on each day during the period in which the contract is being fulfilled.  2000, c. 24, s. 8. Scope of election (2) The election may be made with respect to one or more or all of the construction contracts that the employer fulfils using employees who perform work under the provincial agreement.  2000, c. 24, s. 8. Manner of election (3) An election under subsection (1) shall be made by giving written notice of the election to the employee bargaining agency that is party to the provincial agreement.  2000, c. 24, s. 8. Restriction re: membership in local (4) Nothing in article 1 of the provision set out in subsection (1) permits an employer to employ an individual who is not a member of the affiliated bargaining agent in whose geographic jurisdiction the work is performed if, (a) the provincial agreement would prohibit that employment; and (b) the employment of the individual is not permitted under article 2 of the provision.  2000, c. 24, s. 8. Restriction: membership in affiliate (5) Nothing in article 2 of the provision set out in subsection (1) permits an employer to employ an individual who is not a member of an affiliated bargaining agent that is subordinate or directly related to the same provincial, national or international trade union as the affiliated bargaining agent in whose geographic jurisdiction the work is performed if the provincial agreement would prohibit that employment.  2000, c. 24, s. 8. Inconsistency (6) Subject to subsection 163.4 (3), a provision in a provincial agreement that is inconsistent with an article in the provision set out in subsection (1) is, to the extent of the inconsistency, of no effect.  2000, c. 24, s. 8. Decreased percentages (7) An employee bargaining agency and an employer bargaining agency may agree that an employer may not make the election under subsection (1) or may agree to either or both of the following: 1. That article 1 of the provision set out in subsection (1) shall be read as if it referred to a specified percentage less than 75 per cent. 2. That article 2 of the provision set out in subsection (1) shall be read as if it referred to a specified percentage less than 40 per cent.  2000, c. 24, s. 8. Restriction re: impasse (8) No strike or lock-out shall be called or authorized because there is a failure to reach an agreement under subsection (7).  2000, c. 24, s. 8. Increased percentages (9) An employee bargaining agency and an employer bargaining agency may agree to any or all of the following: 1. That article 1 of the provision set out in subsection (1) shall be read as if it referred to a specified percentage of more than 75 per cent. 2. That article 2 of the provision set out in subsection (1) shall be read as if it referred to a specified percentage of more than 40 per cent. 3. That article 3 of the provision set out in subsection (1) shall be read as if it required the percentages set out in sections 1 and 2 of the provision to be applied with reference to the total number of employees of the employer who perform work under the provincial agreement during the entire period in which the contract is being fulfilled.  2000, c. 24, s. 8. Non-application of section (10) This section does not apply with respect to a project agreement made under section 163.1.  2000, c. 24, s. 8; 2000, c. 38, s. 37 (2). Section Amendments with date in force (d/m/y) 2000, c. 24, s. 8
- 01/05/2001; 2000, c. 38, s. 37 (2)
- 01/05/2001 Calling of strikes and lock-outs