jswizzle3737/ontario_laws_and_regs huggingface dataset:
Delegation
114.  (1) The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act. Proof of appointment, etc. (2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it. 1992, c.21, s.48.
Mailed notices
115.  (1) For the purposes of this Act and of any proceedings taken under it, any notice or communication sent through Her Majesty’s mails shall be presumed, unless the contrary is proved, to have been received by the addressee in the ordinary course of mail. R.S.O. 1990, c.L.2, s.115(1). (2) REPEALED: 1992, c.21, s.49. Time of release of documents (3) A decision, determination, report, interim order, order, direction, declaration or ruling of the Board, a notice from the Minister that he or she does not consider it advisable to appoint a conciliation board, a notice from the Minister of a report of a conciliation board or of a mediator, or a decision of an arbitrator or of an arbitration board, (a) if sent by mail and addressed to the person, employers’ organization, trade union or council of trade unions concerned at his, her or its last-known address, shall be deemed to have been released on the second day after the day on which it was so mailed; or (b) if delivered to a person, employers’ organization, trade union or council of trade unions concerned at his, her or its last-known address, shall be deemed to have been released on the day next after the day on which it was so delivered. Failure to receive documents a defence (4) Proof by a person, employers’ organization, trade union or council of trade unions of failure to receive a determination under section 91 or an interim order or direction under section 93 or a direction of the Board under section 94, 95 or 137, or a decision of an arbitrator or of an arbitration board including a decision under section 97 sent by mail and addressed to the person, employers’ organization, trade union or council of trade unions at his, her or its last-known address is a defence by the person, employers’ organization, trade union or council of trade unions to an application for consent to institute a prosecution or to enforce as an order of the Ontario Court (General Division) the determination, interim order, direction or decision. Second notice of desire to bargain (5) Where a notice has been given under section 54 by registered mail and the addressee claims that he, she or it has not received the notice, the person, employers’ organization, trade union or council of trade unions that gave the notice may give a second notice to the addressee forthwith after he, she or it ascertains that the first notice had not been received, but in no case may the second notice be given more than three months after the day on which the first notice was mailed, and the second notice has the same force and effect for the purposes of this Act as the first notice would have had if it had been received by the addressee. R.S.O. 1990, c.L.2, s.115(3-5).
Defects in form; technical irregularities
116. No proceeding under this Act is invalid by reason of any defect of form or any technical irregularity and no proceeding shall be quashed or set aside if no substantial wrong or miscarriage of justice has occurred. R.S.O. 1990, c.L.2, s.116.
Administration cost
117. The expenses incurred in the administration of this Act shall be paid out of the money that is appropriated by the Legislature for the purpose. R.S.O. 1990, c.L.2, s.117.
Regulations
118. The Lieutenant Governor in Council may make regulations, (a) providing for and regulating the engagement of experts, investigators and other assistants by conciliation boards; (b) governing the assignment of arbitrators to conduct arbitrations and the carrying out and completion of the assignments; (c) providing for and prescribing a scale of fees and expenses allowable to arbitrators in respect of arbitrations and limiting or restricting the application of such a regulation; (d) providing a procedure for the review and determination of disputes concerning the fees and expenses charged or claimed by an arbitrator; (e) governing the filing of schedules of fees and expenses by arbitrators, requiring arbitrators to provide parties with a copy of the schedules upon being appointed and requiring arbitrators to charge fees and expenses in accordance with the filed schedules; (f) respecting training programs for arbitrators; (g) providing for and fixing the remuneration and expenses of chairs and other members of conciliation boards and mediators; (h) governing the conduct of arbitration hearings and prescribing procedures therefor; (i) requiring the filing with the Ministry of Labour of awards of arbitrators and arbitration boards; (i.1) prescribing circumstances in which section 41.1 (duty to bargain for adjustment plan) applies; (i.2) prescribing one or more dates when the parties are required to meet to bargain for an adjustment plan; (j) prescribing amounts for the expense of proceedings under section 126 and providing for the adjustment of the amounts in exceptional circumstances; (k) prescribing the form in which documents shall be filed in the Ontario Court (General Division) for enforcement; . . . . . (k.3) designating provisions for the purposes of paragraph 4 of subsection 104(14) (rules for expedited proceedings); (l) respecting any matter necessary or advisable to carry out the intent and purpose of this Act. R.S.O. 1990, c.L.2, s.118; 1992, c.21, s.50; 1994, c.6, s.27(5). Construction Industry
Definitions
119. In this section and in sections 120 to 155, “council of trade unions” means a council that is formed for the purpose of representing or that according to established bargaining practice represents trade unions as defined in this section; (“conseil de syndicats”) “employee” includes an employee engaged in whole or in part in off-site work but who is commonly associated in work or bargaining with on-site employees; (“employé”) “employer” means a person who operates a business in the construction industry, and for purposes of an application for accreditation means an employer for whose employees a trade union or council of trade unions affected by the application has bargaining rights in a particular geographic area and sector or areas or sectors or parts thereof; (“employeur”) “employers’ organization” means an organization that is formed for the purpose of representing or represents employers as defined in this section; (“association patronale”) “sector” means a division of the construction industry as determined by work characteristics and includes the industrial, commercial and institutional sector, the residential sector, the sewers and watermains sector, the roads sector, the heavy engineering sector, the pipeline sector and the electrical power systems sector; (“secteur”) “trade union” means a trade union that according to established trade union practice pertains to the construction industry. (“syndicat”) R.S.O. 1990, c.L.2, s.119; 1992, c.21, s.51.
Conflict
120. Where there is conflict between any provision in sections 121 to 138 and any provision in sections 5 to 58 and 63 to 118, the provisions in sections 121 to 138 prevail. R.S.O. 1990, c.L.2, s.120.
Bargaining units in the construction industry
121.  (1) Where a trade union applies for certification as bargaining agent of the employees of an employer, the Board shall determine the unit of employees that is appropriate for collective bargaining by reference to a geographic area and it shall not confine the unit to a particular project. R.S.O. 1990, c.L.2, s.121(1). Determination of number of members in bargaining unit (2) In determining whether a trade union to which subsection (1) applies has met the requirements of section 8, the Board need not have regard to any increase in the number of employees in the bargaining unit after the application was made. R.S.O. 1990, c.L.2, s.121(2); 1992, c.21, s.52.
Notice of desire to bargain
122.  (1) Where notice has been given by a trade union to an employer under section 14 or by a trade union or a council of trade unions or an employer or employers’ organization under section 54, the parties shall meet within five days from the giving of such notice or within such further period as the parties agree upon. Extension of 14-day period for conciliation officer’s report (2) Where the Minister appoints a conciliation officer or a mediator at the request of a trade union, council of trade unions or an employer or employers’ organization to confer with the parties and endeavour to effect a collective agreement binding upon employees of the employer or upon employees of members of the employers’ organization, the period mentioned in subsection 18(1) may be extended only by agreement of the parties. Appointment of conciliation board (3) Where the Minister has appointed a conciliation officer under subsection (2) and the conciliation officer is unable to effect a collective agreement within the time allowed, the Minister shall, unless the parties inform him or her in writing that they desire him or her to appoint a conciliation board, forthwith by notice in writing inform each of the parties that he or she does not consider it advisable to appoint a conciliation board. When report to be made (4) Where a conciliation board has been appointed under subsection (3), it shall report its findings and recommendations to the Minister within fourteen days after its first sitting, but such period may be extended, (a) for a further period not exceeding thirty days by agreement of the parties; or (b) for a further period beyond the period fixed in clause (a) as the parties may agree upon and as the Minister may approve. R.S.O. 1990, c.L.2, s.122.
What deemed to be a collective agreement
123. An agreement in writing between an employer or employers’ organization, on the one hand, and a trade union that has been certified as bargaining agent for a unit of employees of the employer, or a trade union or a council of trade unions that is entitled to require the employer or the employers’ organization to bargain with it for the renewal, with or without modifications, of the agreement then in operation of for the making of a new agreement, on the other hand, shall be deemed to be a collective agreement despite the fact that there were no employees in the bargaining unit or units affected at the time the agreement was entered into. R.S.O. 1990, c.L.2, s.123.
Notice of desire to bargain for new collective agreement
124. Each party to a collective agreement between an employer or employers’ organization and a trade union or council of trade unions may, within the period of ninety days before the agreement ceases to operate, give notice in writing to the other party of its desire to bargain with a view to the renewal, with or without modifications, of the agreement then in operation or to the making of a new agreement, and the notice has for all purposes the same effect as a notice under section 54. R.S.O. 1990, c.L.2, s.124.
Application for termination, no agreement
125.  (1) If a trade union does not make a collective agreement with the employer within six months after its certification, any of the employees in the bargaining unit determined in the certificate may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit. Agreement (2) Despite subsection 58(2), any of the employees in the bargaining unit defined in a first agreement between an employer and a trade union, where the trade union has not been certified as the bargaining agent of the employees of the employer in the bargaining unit, may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit after the 305th day of its operation and before the 365th day of its operation. Application of s.58, subss.(3-6) (3) Subsections 58(3) to (6) apply to an application under subsection (1) or (2). R.S.O. 1990, c.L.2, s.125.
Referral of grievance to Board
126.  (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 45, a party to a collective agreement between an employer or employers’ organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination. Hearing (2) A referral under subsection (1) may be made in writing in the prescribed form by a party at any time after delivery of the written grievance to the other party, and the Board shall appoint a date for and hold a hearing within fourteen days after receipt of the referral and may appoint a labour relations officer to confer with the parties and endeavour to effect a settlement before the hearing. R.S.O. 1990, c.L.2, s.126(1,2). Jurisdiction of Board (3) Upon a referral under subsection (1), the Board has exclusive jurisdiction to hear and determine the difference or allegation raised in the grievance referred to it, including any question as to whether the matter is arbitrable, and subsections 45(6.3), (8), (8.1), (8.3) and (9) to (12) apply with necessary modifications to the Board and to the enforcement of the decision of the Board. R.S.O. 1990, c.L.2, s.126(3); 1992, c.21, s.53. Expense (4) The expense of proceedings under this section, in the amount fixed by the regulations, shall be jointly paid by the parties to the Board for payment into the Consolidated Revenue Fund. R.S.O. 1990, c.L.2, s.126(4).
Accreditation of employers’ organization
127. Where a trade union or council of trade unions has been certified or has been granted voluntary recognition as the bargaining agent for a unit of employees of more than one employer in the construction industry or where a trade union or council of trade unions has entered into collective agreements with more than one employer covering a unit of employees in the construction industry, an employers’ organization may apply to the Board to be accredited as the bargaining agent for all employers in a particular sector of the industry and in the geographic area described in the said certificates, voluntary recognition documents or collective agreements, as the case may be. R.S.O. 1990, c.L.2, s.127; 1992, c.21, s.54.
Board to determine appropriateness of unit
128.  (1) Upon an application for accreditation, the Board shall determine the unit of employers that is appropriate for collective bargaining in a particular geographic area and sector, but the Board need not confine the unit to one geographic area or sector but may, if it considers it advisable, combine areas or sectors or both or parts thereof. Idem (2) The unit of employers shall comprise all employers as defined in section 119 in the geographic area and sector determined by the Board to be appropriate. R.S.O. 1990, c.L.2, s.128.
Determinations by Board
129.  (1) Upon an application for accreditation, the Board shall ascertain, (a) the number of employers in the unit of employers on the date of the making of the application who have within one year prior to such date had employees in their employ for whom the trade union or council of trade unions has bargaining rights in the geographic area and sector determined by the Board to be appropriate; (b) the number of employers in clause (a) represented by the employers’ organization on the date of the making of the application; and (c) the number of employees of employers in clause (a) on the payroll of each such employer for the weekly payroll period immediately preceding the date of the application or if, in the opinion of the Board, the payroll period is unsatisfactory for any one or more of the employers in clause (a), such other weekly payroll period for any one or more of the said employers as the Board considers advisable. R.S.O. 1990, c.L.2, s.129(1); 1993, c.27, Sched. Accreditation (2) If the Board is satisfied, (a) that a majority of the employers in clause (1)(a) is represented by the employers’ organization; and (b) that such majority of employers employed a majority of the employees in clause (1)(c), the Board, subject to subsection (3), shall accredit the employers’ organization as the bargaining agent of the employers in the unit of employers and for the other employers for whose employees the trade union or council of trade unions may, after the date of the making of the application, obtain bargaining rights through certification or voluntary recognition in the appropriate geographic area and sector. R.S.O. 1990, c.L.2, s.129(2); 1993, c.27, Sched. Authority of employers’ organization (3) Before accrediting an employers’ organization under subsection (2), the Board shall satisfy itself that the employers’ organization is a properly constituted organization and that each of the employers whom it represents has vested appropriate authority in the organization to enable it to discharge the responsibilities of an accredited bargaining agent. Idem (4) Where the Board is of the opinion that appropriate authority has not been vested in the employers’ organization, the Board may postpone disposition of the application to enable employers represented by the organization to vest the additional or other authority in the organization that the Board considers necessary. What employers’ organization not to be accredited (5) The Board shall not accredit any employers’ organization if any trade union or council of trade unions has participated in its formation or administration or has contributed financial or other support to it or if it discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code, or the Canadian Charter of Rights and Freedoms. R.S.O. 1990, c.L.2, s.129 (3-5).
Effect of accreditation
130.  (1) Upon accreditation, all rights, duties and obligations under this Act of employers for whom the accredited employers’ organization is or becomes the bargaining agent apply with necessary modifications to the accredited employers’ organization. Effect of accreditation on collective agreements (2) Upon accreditation, any collective agreement in operation between the trade union or council of trade unions and any employer in clause 129(1)(a) is binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision therein respecting its renewal. Idem (3) When any collective agreement mentioned in subsection (2) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by the said parties. Idem (4) Where, after the date of the making of an application for accreditation, the trade union or council of trade unions obtains bargaining rights for the employees of an employer through certification or voluntary recognition, that employer is bound by any collective agreement in existence at the time of the certification or voluntary recognition between the trade union or council of trade unions and the applicant employers’ organization or subsequently entered into by the said parties. Idem (5) A collective agreement between a trade union or council of trade unions and an employer who, but for the one-year requirement, would have been included in clause 129(1)(a) is binding on the parties thereto only for the remainder of the term of operation of the agreement regardless of any provisions therein respecting its renewal. Idem (6) Where any collective agreement mentioned in subsection (5) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by the said parties. Application of s.53(1) (7) Where, under this section, an employer becomes bound by a collective agreement between a trade union or council of trade unions and an accredited employers’ organization after the said agreement has commenced to operate, the agreement ceases to be binding on the employer in accordance with the terms thereof, despite subsection 53(1). R.S.O. 1990, c.L.2, s.130.
Application of s.52 (1,2)
131.  (1) Subsections 52(1) and (2) do not apply to an accredited employers’ organization. Binding effect of collective agreement on employer (2) A collective agreement between an accredited employers’ organization and a trade union or council of trade unions is, subject to and for the purposes of this Act, binding upon the accredited employers’ organization and the trade union or council of trade unions, as the case may be, and upon each employer in the unit of employers represented by the accredited employers’ organization at the time the agreement was entered into and upon the other employers that may subsequently be bound by the said agreement, as if it was made between each of the employers and the trade union or council of trade unions and, if any such employer ceases to be represented by the accredited employers’ organization during the term of operation of the agreement, the employer shall, for the remainder of the term of operation of the agreement, be deemed to be a party to a like agreement with the trade union or council of trade unions. Binding effect of collective agreement on employees (3) A collective agreement between an accredited employers’ organization and a trade union or council of trade unions is binding on the employees in the bargaining unit defined in the agreement of any employer bound by the collective agreement. R.S.O. 1990, c.L.2, s.131.
Individual bargaining prohibited
133.  (1) No trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employers’ organization and no such employer or person acting on behalf of such employer, trade union or council of trade unions shall, so long as the accredited employers’ organization continues to be entitled to represent the employers in a unit of employers, bargain with each other with respect to such employees or enter into a collective agreement designed or intended to be binding upon such employees and if any such agreement is entered into it is void. Agreements to provide employees during lawful strike or lock-out prohibited (2) No trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employers’ organization and no such employer or person acting on behalf of the employer, trade union or council of trade unions shall, so long as the accredited employers’ organization continues to be entitled to represent the employers in a unit of employers, enter into any agreement or understanding, oral or written, that provides for the supply of employees during a legal strike or lock-out, and if any such agreement or understanding is entered into it is void and no such trade union or council of trade unions or person shall supply such employees to the employer. R.S.O. 1990, c.L.2, s.133(1,2). Exception (2.1) Subsection (2) does not apply with respect to an agreement permitted under section 73.2 (use of replacement workers). 1992, c.21, s.55(1). Idem (3) Subject to sections 73.1 and 73.2, an employer who is represented by an accredited employers’ organization may continue or attempt to continue the employer’s operations during a strike or lock-out involving employees of employers represented by the accredited employers’ organization. 1992, c.21, s.55(2).
Duty of fair representation by employers’ organization
134. An accredited employers’ organization, so long as it continues to be entitled to represent employers in a unit of employers, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employers in the unit, whether members of the accredited employers’ organization or not. R.S.O. 1990, c.L.2, s.134.
Membership in employers’ organization
135. Membership in an accredited employers’ organization shall not be denied or terminated except for cause which, in the opinion of the Board, is fair and reasonable. R.S.O. 1990, c.L.2, s.135.
Fees
136. An accredited employers’ organization shall not charge, levy or prescribe initiation fees, dues or assessments that, in the opinion of the Board, are unreasonable or discriminatory. R.S.O. 1990, c.L.2, s.136.
Designation of jurisdictional representative
138.  (1) Every trade union, council of trade unions, employer and employers’ organization in the construction industry shall, within fifteen days after it has entered into a collective agreement, file with the Board a notice in the prescribed form giving the name and address of a person resident in Ontario who is authorized by the trade union, council of trade unions, employer or employers’ organization to act as a designated jurisdictional representative in the event of a dispute as to the assignment of work. Idem (2) Whenever a trade union, council of trade unions, employer or employers’ organization changes the authorization referred to in subsection (1), it shall file with the Board notice thereof in the prescribed form within fifteen days after making such change. Idem (3) Where a trade union, council of trade unions, employer or employers’ organization files a complaint under subsection 93(1) and it has not complied with subsection (1) or (2), it shall file the required notice with the complaint. R.S.O. 1990, c.L.2, s.138.
Definitions
138.1  (1) In sections 138.2 to 138.6, “constitution” means an organizational document governing the establishment or operation of a trade union and includes a charter and by-laws and rules made under a constitution; (“acte constitutif”) “jurisdiction” includes geographic, sectoral and work jurisdiction; (“juridiction”) “local trade union” means, in relation to a parent trade union, a trade union in Ontario that is affiliated with or subordinate or directly related to the parent trade union and includes a council of trade unions; (“syndicat local”) “parent trade union” means a provincial, national or international trade union which has at least one affiliated local trade union in Ontario that is subordinate or directly related to it. (“syndicat parent”) Conflict, provisions of Act (2) In the event of a conflict between any provision in sections 138.2 to 138.6 and any other provision of this Act, the provisions in sections 138.2 to 138.6 prevail. Same, trade union constitution (3) In the event of a conflict between any provision in sections 138.2 to 138.6 and any provision in the constitution of a trade union, the provisions in sections 138.2 to 138.6 prevail. 1993, c.36, s.1, part.
Application
138.2  (1) This section applies with respect to employees in a bargaining unit in the construction industry other than in the industrial, commercial and institutional sector referred to in the definition of “sector” in section 119. Bargaining rights (2) If a parent trade union is the bargaining agent for employees described in subsection (1), each of its local trade unions is deemed to be bargaining agent, together with the parent trade union, for employees in the bargaining unit within the jurisdiction of the local trade union. Party to the collective agreement (3) If a parent trade union is a party to a collective agreement that applies to employees described in subsection (1), the local trade union is deemed to be a party, together with the parent trade union, to the collective agreement with respect to the jurisdiction of the local trade union. Council (4) The Minister may, upon such conditions as the Minister considers appropriate, require a parent trade union and its local trade unions to form a council of trade unions for the purpose of conducting bargaining and concluding a collective agreement, (a) if an affected local trade union, parent trade union or employer requests the Minister to do so; and (b) if the Minister considers that doing so is necessary to resolve a disagreement between a parent trade union and a local trade union concerning conducting bargaining or concluding a collective agreement. Rules of operation, etc. (5) The Minister may make rules governing the formation or operation of the council of trade unions, including the ratification of collective agreements, if the parent trade union and the local trade unions do not make their own rules within sixty days after the Minister’s decision under subsection (4). Compliance (6) The parent trade union and the local trade unions shall comply with rules made by the Minister. 1993, c.36, s.1, part.
Jurisdiction of the local trade union
138.3  (1) A parent trade union shall not, without just cause, alter the jurisdiction of a local trade union as the jurisdiction existed on May 1, 1992, whether it was established under a constitution or otherwise. Notice (2) The parent trade union shall give the local trade union written notice of an alteration at least fifteen days before it comes into effect. Determination of just cause (3) On an application relating to this section, the Board shall consider the following when deciding whether there is just cause for an alteration: 1. The trade union constitution. 2. The ability of the local trade union to carry out its duties under this Act. 3. The wishes of the members of the local trade union. 4. Whether the alteration would facilitate viable and stable collective bargaining without causing serious labour relations problems. Same (4) The Board is not bound by the trade union constitution when deciding whether there is just cause for an alteration. Complaint (5) If a local trade union makes a complaint to the Board concerning the alteration of its jurisdiction by a parent trade union, the alteration shall be deemed not to have been effective until the Board disposes of the matter. 1993, c.36, s.1, part.
Application
138.4  (1) This section applies if, on the 1st day of May, 1992, (a) a parent trade union was party to a collective agreement whose geographic scope included the province and which applied to employees described in subsection 138.2(1); or (b) a parent trade union had given notice to bargain for the renewal of such a collective agreement. Province-wide agreements (2) Sections 138.2 and 138.3 do not operate to authorize a local trade union to enter into a separate collective agreement or a separate renewal collective agreement or to alter the geographic scope of the collective agreement. 1993, c.36, s.1, part.
Interference with the local trade union
138.5  (1) A parent trade union or a council of trade unions shall not, without just cause, assume supervision or control of or otherwise interfere with a local trade union directly or indirectly in such a way that the autonomy of the local trade union is affected. Same, officials and members (2) A parent trade union or a council of trade unions shall not, without just cause, remove from office, change the duties of an elected or appointed official of a local trade union or impose a penalty on such an official or on a member of a local trade union. Board powers (3) On an application relating to this section, when deciding whether there is just cause, the Board shall consider the trade union constitution but is not bound by it and shall consider such other factors as it considers appropriate. Orders when just cause (4) If the Board determines that an action described in subsection (1) was taken with just cause, the Board may make such orders and give such directions as it considers appropriate, including orders respecting the continuation of supervision or control of the local trade union. 1993, c.36, s.1, part.
Administration of benefit plans
138.6  (1) If benefits are provided under an employment benefit plan primarily to members of one local trade union or to their dependants or beneficiaries, the local trade union is entitled to appoint at least a majority of the trustees who administer the plan, excluding the trustees who are appointed by employers. Same, more than one local trade union (2) If benefits are provided under such a plan primarily to members of more than one local trade union or to their dependants or beneficiaries, those local trade unions are entitled together to appoint at least a majority of the trustees who administer the plan, excluding the trustees who are appointed by employers. Same, members outside Ontario (3) If, in the circumstances described in subsection (2), benefits are provided to members outside of Ontario or to their dependants or beneficiaries, the local trade unions are entitled together to appoint that proportion of the trustees (excluding trustees appointed by employers) that corresponds to the proportion that the members in Ontario of the local trade unions bears to the total number of members participating in the plan. Effect of agreement (4) Subsections (1), (2) and (3) apply despite any provision to the contrary in any agreement or other document. Appointment process (5) Unless otherwise agreed by the interested local trade unions, the appointment of trustees under subsection (2) or (3) shall be determined by a majority vote of those local trade unions voting, with each local trade union being entitled to cast a single ballot. Transition (6) The initial appointments of the trustees under this section shall be made not later than six months after the day on which this section comes into force. Definition (7) In this section, “employment benefit plan” means a plan that provides any type of benefit to an individual or his or her dependants or beneficiaries because of the individual’s employment or his or her membership in a trade union and includes a pension plan or another arrangement whereby money is contributed by or on behalf of the individual for retirement purposes. 1993, c.36, s.2. Province-Wide Bargaining
Conflict
140. Where there is conflict between any provision in sections 141 to 154 and any provision in sections 5 to 58 and 63 to 138, the provisions in sections 141 to 154 prevail. R.S.O. 1990, c.L.2, s.140.
Designation by Minister
141.  (1) The Minister may, upon such terms and conditions as the Minister considers appropriate, (a) designate employee bargaining agencies to represent in bargaining provincial units of affiliated bargaining agents, and describe those provincial units; (b) despite an accreditation of an employers’ organization as the bargaining agent of employers, designate employer bargaining agencies to represent in bargaining provincial units of employers for whose employees affiliated bargaining agents hold bargaining rights, and describe those provincial units. Exclusion of certain bargaining relationships (2) Where affiliated bargaining agents that are subordinate or directly related to the different provincial, national or international trade unions bargain as a council of trade unions with a single employer bargaining agency for a province-wide collective agreement, the Minister may exclude such bargaining relationships from the designations made under subsection (1), and subsection 148(2) shall not apply to such exclusion. Minister may convene conference (3) Where a designation is not made by the Minister of an employee bargaining agency or an employer bargaining agency under subsection (1) within sixty days after the 27th day of October, 1977, the Minister may convene a conference of trade unions, councils of trade unions, employers and employers’ organizations, as the case may be, for the purpose of obtaining recommendations with respect to the making of a designation. Reference of question (4) The Minister may refer to the Board any question that arises concerning a designation, or any terms or conditions therein, and the Board shall report to the Minister its decision on the question. Minister may alter, etc., designation (5) Subject to sections 142 and 143, the Minister may alter, revoke or amend any designation from time to time and may make another designation. Non-application (6) The Regulations Act does not apply to a designation made under subsection (1). R.S.O. 1990, c.L.2, s.141.
Application to Board by employee bargaining agency
142.  (1) During the period between the one hundred and twentieth and the one hundred and eightieth days prior to the termination of a provincial agreement, an employee bargaining agency, whether designated or not, may apply to the Board to be certified to represent in bargaining a provincial unit of affiliated bargaining agents. Certification by Board (2) Where the Board is satisfied that a majority of the affiliated bargaining agents falling within the provincial unit is represented by the employee bargaining agency and that the majority of affiliated bargaining agents holds bargaining rights for a majority of employees that would be bound by a provincial agreement, the Board shall certify the employee bargaining agency. R.S.O. 1990, c.L.2, s.142.
Application to Board by employer bargaining agency
143.  (1) During the period between the one hundred and twentieth and the one hundred and eightieth days prior to the termination of a provincial agreement, an employer bargaining agency, whether designated or not, may apply to the Board to be accredited to represent in bargaining a provincial unit of employers for whose employees affiliated bargaining agents hold bargaining rights. Accreditation by Board (2) Where the Board is satisfied that a majority of employers falling within the provincial unit is represented by the employer bargaining agency and that the majority of employers employ a majority of the employees for whom the affiliated bargaining agents hold bargaining rights, the Board shall accredit the employer bargaining agency. R.S.O. 1990, c.L.2, s.143.
Employee bargaining agencies, vesting of rights, etc.
144. Where an employee bargaining agency has been designated under section 141 or certified under section 142 to represent a provincial unit of affiliated bargaining agents, all rights, duties and obligations under this Act of the affiliated bargaining agents for which it bargains shall vest in the employee bargaining agency, but only for the purpose of conducting bargaining and, subject to the ratification procedures of the employee bargaining agency, concluding a provincial agreement. R.S.O. 1990, c.L.2, s.144.
Employer bargaining agencies, vesting of rights, etc.
145. Where an employer bargaining agency has been designated under section 141 or accredited under section 143 to represent a provincial unit of employers, (a) all rights, duties and obligations under this Act of employers for which it bargains shall vest in the employer bargaining agency, but only for the purpose of conducting bargaining and concluding a provincial agreement; and (b) an accreditation heretofore made under section 129 of an employers’ organization as bargaining agent of the employers in the industrial, commercial and institutional sector of the construction industry, referred to in the definition of “sector” in section 119, represented or to be represented by the employer bargaining agency is null and void from the time of such designation under section 141 or accreditation under section 143. R.S.O. 1990, c.L.2, s.145.
Application for certification in the industrial, commercial and institutional sector
146.  (1) An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 119 shall be brought by either, (a) an employee bargaining agency; or (b) one or more affiliated bargaining agents of the employee bargaining agency, on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (3) or by voluntary recognition. R.S.O. 1990, c.L.2, s.146(1). Certification (2) If on the taking of a representation vote more than 50 per cent of the ballots cast are cast in favour of the trade unions on whose behalf the application is brought, or, if the Board is satisfied that more than 55 per cent of the employees in the bargaining unit are members of the trade unions on whose behalf the application is brought or have applied to become members, the Board shall certify the trade unions as the bargaining agent of the employees in the bargaining unit and in so doing shall issue a certificate confined to the industrial, commercial and institutional sector and issue another certificate in relation to all other sectors in the appropriate geographic area or areas. R.S.O. 1990, c.L.2, s.146(2); 1992, c.21, s.57; 1993, c.27, Sched. Saving (3) Despite subsection 121(1), a trade union represented by an employee bargaining agency may bring an application for certification in relation to a unit of employees employed in all sectors of a geographic area other than the industrial, commercial and institutional sector and the unit shall be deemed to be a unit of employees appropriate for collective bargaining. R.S.O. 1990, c.L.2, s.146(3); 1993, c.27, Sched. Voluntary recognition agreements (4) A voluntary recognition agreement in so far as it relates to the industrial, commercial and institutional sector of the construction industry shall be between an employer on the one hand and either, (a) an employee bargaining agency; (b) one or more affiliated bargaining agents represented by an employee bargaining agency; or (c) a council of trade unions on behalf of one or more affiliated bargaining agents affiliated with the council of trade unions, on the other hand, and shall be deemed to be on behalf of all the affiliated bargaining agents of the employee bargaining agency and the defined bargaining unit in the agreement shall include those employees who would be bound by a provincial agreement. Exception (5) Despite subsections (1) and (4), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf. R.S.O. 1990, c.L.2, s.146(4,5).
Termination of collective agreement
147.  (1) Subject to subsection (2), any collective agreement in operation on the 27th day of October, 1977 in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 119 and represented by affiliated bargaining agents is enforceable by and binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision respecting its renewal. Idem (2) Despite subsection 53(1), every collective agreement in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 119 and represented by affiliated bargaining agents entered into after the 1st day of January, 1977 and before the 30th day of April, 1978 shall be deemed to expire not later than the 30th day of April, 1978, regardless of any provision respecting its term of operation or its renewal. Provincial agreement binding (3) Where any collective agreement mentioned in subsection (1) ceases to operate, the affiliated bargaining agent, the employer and the employees for whom the affiliated bargaining agent holds bargaining rights shall be bound by the provincial agreement made between an employee bargaining agency representing the affiliated bargaining agent and the employer bargaining agency representing the employer. Idem (4) After the 30th day of April, 1978, where an affiliated bargaining agent obtains bargaining rights through certification or voluntary recognition in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 119, the employer, the affiliated bargaining agent, and the employees for whom the affiliated bargaining agent has obtained bargaining rights are bound by the provincial agreement made between an employee bargaining agency representing the affiliated bargaining agent and an employer bargaining agency representing a provincial unit of employers in which the employer would have been included. When provincial agreement ceases to operate (5) Despite subsection 53(1), where, under the provisions of this section, an employer, affiliated bargaining agent or employees become bound by a provincial agreement after the agreement has commenced to operate, the agreement ceases to be binding on the employer, affiliated bargaining agent or employees in accordance with the terms thereof. R.S.O. 1990, c.L.2, s.147.
Agency shall make only one agreement
148.  (1) An employee bargaining agency and an employer bargaining agency shall make only one provincial agreement for each provincial unit that it represents. No agreement other than provincial agreement (2) On and after the 30th day of April, 1978 and subject to sections 141 and 147, no person, employee, trade union, council of trade unions, affiliated bargaining agent, employee bargaining agency, employer, employers’ organization, group of employers’ organizations or employer bargaining agency shall bargain for, attempt to bargain for, or conclude any collective agreement or other arrangement affecting employees represented by affiliated bargaining agents other than a provincial agreement as contemplated by subsection (1), and any collective agreement or other arrangement that does not comply with subsection (1) is null and void. R.S.O. 1990, c.L.2, s.148(1,2). Expiry of provincial agreement (3) Every provincial agreement shall provide for the expiry of the agreement on the 30th day of April calculated triennially from the 30th day of April, 1992. 1991, c.56, s.2.
Non-application of s.52
149.  (1) Section 52 does not apply to a designated or accredited employer bargaining agency or a designated or certified employee bargaining agency. Provincial agreement binding (2) A provincial agreement is, subject to and for the purposes of this Act, binding upon the employer bargaining agency, the employers represented by the employer bargaining agency, the employee bargaining agency, the affiliated bargaining agents represented by the employee bargaining agency, the employees represented by the affiliated bargaining agents and employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 119, and upon such employers, affiliated bargaining agents and employees as may be subsequently bound by the said agreement. Parties (3) Any employee bargaining agency, affiliated bargaining agent, employer bargaining agency and employer bound by a provincial agreement shall be considered to be a party for the purposes of section 126. R.S.O. 1990, c.L.2, s.149.
Calling of strikes
150.  (1) Where an employee bargaining agency desires to call or authorize a lawful strike, all of the affiliated bargaining agents it represents shall call or authorize the strike in respect of all the employees represented by all affiliated bargaining agents affected thereby in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 119, and no affiliated bargaining agent shall call or authorize a strike of the employees except in accordance with this subsection. Calling of lock-outs (2) Where an employer bargaining agency desires to call or authorize a lawful lock-out, all employers it represents shall call or authorize the lock-out in respect of all employees employed by such employers and represented by all the affiliated bargaining agents affected thereby in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 119 and no employer shall lock out the employees except in accordance with this subsection. R.S.O. 1990, c.L.2, s.150.