jswizzle3737/ontario_laws_and_regs huggingface dataset:
Termination, for failure to give notice
60.  (1) If a trade union fails to give the employer notice under section 14 within sixty days following certification or if it fails to give notice under section 54 and no such notice is given by the employer, the Board may, upon the application of the employer or of any of the employees in the bargaining unit, and with or without a representation vote, declare that the trade union no longer represents the employees in the bargaining unit. R.S.O.1990, c.L.2, s.60(1); 1993, c.27, Sched. for failure to bargain (2) Where a trade union that has given notice under section 14 or section 54 or that has received notice under section 54 fails to commence to bargain within sixty days from the giving of the notice or, after having commenced to bargain but before the Minister has appointed a conciliation officer or mediator, allows a period of sixty days to elapse during which it has not sought to bargain, the Board may, upon the application of the employer or of any of the employees in the bargaining unit and with or without a representation vote, declare that the trade union no longer represents the employees in the bargaining unit. R.S.O.1990, c.L.2, s.60(2); 1993, c.27, Sched.
Termination of bargaining rights after voluntary recognition
61.  (1) On application by an employee in the bargaining unit or a trade union representing an employee in the bargaining unit, the Board may declare that a trade union that was voluntarily recognized as bargaining agent for the employees in the bargaining unit was not entitled to represent them on the date on which voluntary recognition occurred. Idem (1.1) The application may be made during the first year of the period of time that the first collective agreement between the employer and the trade union is in operation or, if no collective agreement has been entered into, within one year after the date on which the voluntary recognition occurs. 1992, c.21, s.28. Powers of Board before disposing of application (2) Before disposing of 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.R.S.O.1990, c.L.2, s.61(2); 1993, c.27, Sched. Onus (3) On an application under subsection (1), the onus of establishing that the trade union was entitled to represent the employees in the bargaining unit at the time the agreement was entered into rests on the parties to the agreement. Declaration to terminate agreement (4) Upon the Board making a declaration under subsection (1), the trade union forthwith ceases to represent the employees in the defined bargaining unit in the recognition agreement or collective agreement and any collective agreement in operation between the trade union and the employer ceases to operate forthwith in respect of the employees affected by the application. R.S.O. 1990, c.L.2, s.61(3,4). Timeliness of Representation Applications
Declaration of successor union
63.  (1) Where a trade union claims that by reason of a merger or amalgamation or a transfer of jurisdiction it is the successor of a trade union that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent of a unit of employees of an employer and any question arises in respect of its rights to act as the successor, the Board, in any proceeding before it or on the application of any person or trade union concerned, may declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under this Act of its predecessor, or the Board may dismiss the application. R.S.O. 1990, c.L.2, s.63(1). Idem (2) Before issuing a declaration under subsection (1), the Board may make such inquiry, require the production of such evidence or hold such representation votes as it considers appropriate. R.S.O. 1990, c.L.2, s.63(2); 1993, c.27, Sched. Idem (3) Where the Board makes an affirmative declaration under subsection (1), the successor shall for the purposes of this Act be conclusively presumed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise, and the employer, the successor and the employees concerned shall recognize such status in all respects. R.S.O. 1990, c.L.2, s.63(3).
Federal-to-provincial sale
64.1  (1) Section 64 applies with respect to the sale of a business when, (a) before the sale, collective bargaining relating to the business by the predecessor employer is governed by the laws of Canada; and (b) after the sale, collective bargaining relating to the business by the successor employer is governed by the laws of the Province of Ontario. Non-application (2) Paragraphs 1 and 2 of subsection 64(2.1) and subsection 64(2.2) do not apply with respect to the sale of a business described in subsection (1). Board powers (3) In determining applications under section 64 concerning the sale of a business described in subsection (1), the Board may make such additional orders as it considers appropriate in the circumstances. 1992, c.21, s.30.
Application
64.2  (1) This section applies with respect to services provided directly or indirectly by or to a building owner or manager that are related to servicing the premises, including building cleaning services, food services and security services. Exclusions (2) This section does not apply with respect to the following services: 1. Construction. 2. Maintenance other than maintenance activities related to cleaning the premises. 3. The production of goods other than goods related to the provision of food services at the premises for consumption on the premises. Services under contract (3) For the purposes of section 64, the sale of a business is deemed to have occurred, (a) if employees perform services at premises that are their principal place of work; (b) if their employer ceases, in whole or in part, to provide the services at those premises; and (c) if substantially similar services are subsequently provided at the premises under the direction of another employer. Interpretation (4) For the purposes of section 64, the employer referred to in clause (3)(b) is considered to be the predecessor employer and the employer referred to in clause (3)(c) is considered to be the successor employer. Commencement (5) This section shall be deemed to have come into force on the 4th day of June, 1992. 1992, c.21, s.31. Unfair Practices
Employers, etc., not to interfere with unions
65. No employer or employers’ organization and no person acting on behalf of an employer or an employers’ organization shall participate in or interfere with the formation, selection or administration of a trade union or the representation of employees by a trade union or contribute financial or other support to a trade union, but nothing in this section shall be deemed to deprive an employer of the employer’s freedom to express views so long as the employer does not use coercion, intimidation, threats, promises or undue influence. R.S.O. 1990, c.L.2, s.65.
Unions not to interfere with employers’ organizations
66. No trade union and no person acting on behalf of a trade union shall participate in or interfere with the formation or administration of an employers’ organization or contribute financial or other support to an employers’ organization. R.S.O. 1990, c.L.2, s.66.
Employers not to interfere with employees’ rights
67. No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization, (a) shall refuse to employ or to continue to employ a person, or discriminate against a person in regard to employment or any term or condition of employment because the person was or is a member of a trade union or was or is exercising any other rights under this Act; (b) shall impose any condition in a contract of employment or propose the imposition of any condition in a contract of employment that seeks to restrain an employee or a person seeking employment from becoming a member of a trade union or exercising any other rights under this Act; or (c) shall seek by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by any other means to compel an employee to become or refrain from becoming or to continue to be or to cease to be a member or officer or representative of a trade union or to cease to exercise any other rights under this Act. R.S.O. 1990, c.L.2, s.67.
Employers not to interfere with bargaining rights
68.  (1) No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization shall, so long as a trade union continues to be entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with any person or another trade union or a council of trade unions on behalf of or purporting, designed or intended to be binding upon the employees in the bargaining unit or any of them. Trade unions not to interfere with bargaining rights (2) No trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions shall, so long as another trade union continues to be entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with an employer or an employers’ organization on behalf of or purporting, designed or intended to be binding upon the employees in the bargaining unit or any of them. R.S.O. 1990, c.L.2, s.68.
Duty of fair representation by trade union, etc.
69. A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be. R.S.O. 1990, c.L.2, s.69.
Duty of fair referral, etc., by trade unions
70. Where, pursuant to a collective agreement, a trade union is engaged in the selection, referral, assignment, designation or scheduling of persons to employment, it shall not act in a manner that is arbitrary, discriminatory or in bad faith. R.S.O. 1990, c.L.2, s.70; 1993, c.27, Sched.
Intimidation and coercion
71. No person, trade union or employers’ organization shall seek by intimidation or coercion to compel any person to become or refrain from becoming or to continue to be or to cease to be a member of a trade union or of an employers’ organization or to refrain from exercising any other rights under this Act or from performing any obligations under this Act. R.S.O. 1990, c.L.2, s.71.
Persuasion during working hours
72. Nothing in this Act authorizes any person to attempt at the place at which an employee works to persuade the employee during the employee’s working hours to become or refrain from becoming or continuing to be a member of a trade union. R.S.O. 1990, c.L.2, s.72.
Strike-breaking misconduct, etc., prohibited
73.  (1) No person, employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall engage in strike-related misconduct or retain the services of a professional strike breaker and no person shall act as a professional strike breaker. 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 Board’s opinion, 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”) 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. R.S.O. 1990, c.L.2, s.73.
Strike or lock-out, agreement
74.  (1) Where a collective agreement is in operation, no employee bound by the agreement shall strike and no employer bound by the agreement shall lock out such an employee. No agreement (2) Where no collective agreement is in operation, no employee shall strike and no employer shall lock out an employee until the Minister has appointed a conciliation officer or a mediator under this Act and, (a) seven days have elapsed after the day the Minister has released or is deemed pursuant to subsection 115(3) to have released to the parties the report of a conciliation board or mediator; or (b) fourteen days have elapsed after the day the Minister has released or is deemed pursuant to subsection 115(3) to have released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board. Threatening strike or lock-out (3) No employee shall threaten an unlawful strike and no employer shall threaten an unlawful lock-out of an employee. Strike or ratification vote to be secret (4) A strike vote or a vote to ratify a proposed collective agreement taken by a trade union shall be by ballots cast in such a manner that persons expressing their choice cannot be identified with the choice expressed. Right to vote (5) All employees in a bargaining unit, whether or not the employees are members of the trade union or of any constituent union of a council of trade unions, shall be entitled to participate in a strike vote or a vote to ratify a proposed collective agreement. Opportunity to vote (6) Any vote mentioned in subsection (4) shall be conducted in such a manner that those entitled to vote have ample opportunity to cast their ballots. R.S.O. 1990, c.L.2, s.74.
Reinstatement after lock-out, etc.
75.  (1) If, at the end of a lock-out or a lawful strike, the employer and the trade union do not agree about the terms for reinstating employees, the employer shall reinstate them in accordance with this section. Idem (2) Subject to subsections (4) and (5), the employer shall reinstate each striking or locked-out employee to the position that he or she held when the strike or lock-out began. Right to displace others (3) Striking or locked-out employees are entitled to displace any other persons who were performing the work of striking or locked-out employees during the strike or lock-out. However, a striking or locked-out employee is not entitled to displace another employee in the bargaining unit who performed work under section 73.2 during the strike or lock-out and whose length of service, as determined under subsection (4), is greater than his or hers. Insufficient work (4) If there is not sufficient work for all striking or locked-out employees, including employees in the bargaining unit who performed work under section 73.2 during the strike or lock-out, the employer shall reinstate them to employment in the bargaining unit as work becomes available, (a) if the collective agreement contains recall provisions that are based on seniority, in accordance with seniority as defined in those provisions and as determined when the strike or lock-out began, in relation to other employees in the bargaining unit who were employed at the time the strike or lock-out began; or (b) if there are no such recall provisions, in accordance with each employee’s length of service, as determined when the strike or lock-out began, in relation to other employees in the bargaining unit who were employed at the time the strike or lock-out began. Starting up operations (5) Subsection (4) does not apply if an employee is not able to perform work required to start up the employer’s operations, but only for the period of time required to start up operations. 1992, c.21, s.33.
Unlawful strike
76. No trade union or council of trade unions shall call or authorize or threaten to call or authorize an unlawful strike and no officer, official or agent of a trade union or council of trade unions shall counsel, procure, support or encourage an unlawful strike or threaten an unlawful strike. R.S.O. 1990, c.L.2, s.76.
Unlawful lock-out
77. No employer or employers’ organization shall call or authorize or threaten to call or authorize an unlawful lock-out and no officer, official or agent of an employer or employers’ organization shall counsel, procure, support or encourage an unlawful lock-out or threaten an unlawful lock-out. R.S.O. 1990, c.L.2, s.77.
Causing unlawful strikes, lock-outs
78.  (1) No person shall do any act if the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike or an unlawful lock-out. Application of subs. (1) (2) Subsection (1) does not apply to any act done in connection with a lawful strike or lawful lock-out. R.S.O. 1990, c.L.2, s.78.
Saving
79. Nothing in this Act prohibits any suspension or discontinuance for cause of an employer’s operations or the quitting of employment for cause if the suspension, discontinuance or quitting does not constitute a lock-out or strike. R.S.O. 1990, c.L.2, s.79.
Refusal to engage in unlawful strike
80. No trade union shall suspend, expel or penalize in any way a member because the member has refused to engage in or to continue to engage in a strike that is unlawful under this Act. R.S.O. 1990, c.L.2, s.80.
Working conditions may not be altered
81.  (1) Where notice has been given under section 14 or section 54 and no collective agreement is in operation, no employer shall, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty, of the employer, the trade union or the employees, and no trade union shall, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees, (a) until the Minister has appointed a conciliation officer or a mediator under this Act, and, (i) seven days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator, or (ii) fourteen days have elapsed after the Minister has released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board, as the case may be; or (b) until the right of the trade union to represent the employees has been terminated, whichever occurs first. Idem (2) Where a trade union has applied for certification and notice thereof from the Board has been received by the employer, the employer shall not, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer or the employees until, (a) the trade union has given notice under section 14, in which case subsection (1) applies; or (b) the application for certification by the trade union is dismissed or terminated by the Board or withdrawn by the trade union. Differences may be arbitrated (3) Where notice has been given under section 54 and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) of this section was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation and section 45 applies with necessary modifications thereto. R.S.O. 1990, c.L.2, s.81.
Continuation of benefits
81.1  (1) This section applies with respect to employment benefits, other than pension benefits, normally provided directly or indirectly by the employer to the employees. Lawful strike or lock-out (2) This section applies only when it is lawful for an employer to lock out employees or for employees to strike. Payments (3) For the purpose of continuing employment benefits, including coverage under insurance plans, the trade union may tender payments sufficient to continue the benefits, to the employer or to any person who was, before a strike or lock-out became lawful, obligated to receive such payments. Same (4) The employer or other person described in subsection (3) shall accept payments tendered by the trade union under that subsection and, upon receiving payment, shall take such steps as may be necessary to continue in effect the employment benefits including coverage under insurance plans. Cancellation of benefits (5) No person shall cancel or threaten to cancel an employee’s employment benefits including coverage under insurance plans if the trade union tenders payments under subsection (3) sufficient to continue the employee’s entitlement to the benefits or coverage. Denial of benefits (6) No person shall deny or threaten to deny an employment benefit, including coverage under an insurance plan, to an employee if the employee was entitled to make a claim for that type of benefit or coverage before a strike or lock-out became lawful. Effect of contract (7) Subsections (4), (5) and (6) apply despite any provision to the contrary in any contract. 1992, c.21, s.34.
Requirement re just cause
81.2  (1) No employer, employers’ organization or person acting on behalf of either shall discharge or discipline an employee without just cause if, (a) a trade union is certified as the employee’s bargaining agent or the employer has voluntarily recognized the trade union as the employee’s bargaining agent; and (b) no first collective agreement has been settled. Substitution of penalty (2) If the Board determines that an employer has imposed a penalty on an employee for cause, the Board may substitute such lesser penalty as it considers just and reasonable in all the circumstances. Exception (3) If the employee is discharged during a probationary period described in the employment contract between the employer and the employee, the Board may apply a lesser standard for discharging the employee. 1992, c.21, s.35.
Protection of witnesses rights
82.  (1) No employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall, (a) refuse to employ or continue to employ a person; (b) threaten dismissal or otherwise threaten a person; (c) discriminate against a person in regard to employment or a term or condition of employment; or (d) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act. Idem (2) No trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions shall, (a) discriminate against a person in regard to employment or a term or condition of employment; or (b) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act. R.S.O. 1990, c.L.2, s.82.
Removal, etc., of posted notices
83. No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Board has required to be posted during the period that the notice is required to be posted. R.S.O. 1990, c.L.2, s.83. Locals under Trusteeship
Trusteeship over local unions
84.  (1) A provincial, national or international trade union that assumes supervision or control over a subordinate trade union, whereby the autonomy of such subordinate trade union, under the constitution or by-laws of the provincial, national or international trade union is suspended, shall, within sixty days after it has assumed supervision or control over the subordinate trade union, file with the Board a statement in the prescribed form, verified by the affidavit of its principal officers, setting out the terms under which supervision or control is to be exercised and it shall, upon the direction of the Board, file such additional information concerning such supervision and control as the Minister may from time to time require. Duration of trusteeship (2) Where a provincial, national or international trade union has assumed supervision or control over a subordinate trade union, such supervision or control shall not continue for more than twelve months from the date of such assumption, but such supervision or control may be continued for a further period of twelve months with the consent of the Board. R.S.O. 1990, c.L.2, s.84. Information
Collective agreements to be filed
85. Each party to a collective agreement shall, forthwith after it is made, file one copy with the Minister. R.S.O. 1990, c.L.2, s.85.
Officers, constitution, etc.
86. The Board may direct a trade union, council of trade unions or employers’ organization to file with the Board within the time prescribed in the direction a copy of its constitution and by-laws and a statutory declaration of its president or secretary setting forth the names and addresses of its officers. R.S.O. 1990, c.L.2, s.86.
Duty of union to furnish financial statement to members
87.  (1) Every trade union shall upon the request of any member furnish the member, without charge, with a copy of the audited financial statement of its affairs to the end of its last fiscal year certified by its treasurer or other officer responsible for the handling and administration of its funds to be a true copy, and, upon the complaint of any member that the trade union has failed to furnish such a statement, the Board may direct the trade union to file with the Registrar of the Board, within such time as the Board may determine, a copy of the audited financial statement of its affairs to the end of its last fiscal year verified by the affidavit of its treasurer or other officer responsible for the handling and administration of its funds and to furnish a copy of the statement to the members of the trade union that the Board in its discretion may direct, and the trade union shall comply with the direction according to its terms. Complaint that financial statement inadequate (2) Where a member of a trade union complains that an audited financial statement is inadequate, the Board may inquire into the complaint and the Board may order the trade union to prepare another audited financial statement in a form and containing the particulars that the Board considers appropriate and the Board may further order that the audited financial statement, as rectified, be certified by a person licensed under the Public Accountancy Act or a firm whose partners are licensed under that Act. R.S.O. 1990, c.L.2, s.87.
Definition
88.  (1) In this section, “administrator” means any trade union, trustee or person responsible for the control, management or disposition of money received or contributed to a vacation pay fund or a welfare benefit or pension plan or fund for the members of a trade union or their survivors or beneficiaries. Annual filing of statement (2) Every administrator shall file annually with the Minister not later than the 1st day of June in each year or at such other time or times as the Minister may direct, a copy of the audited financial statement certified by a person licensed under the Public Accountancy Act or a firm whose partners are licensed under that Act of a vacation pay fund, or a welfare benefit or pension plan or fund setting out its financial condition for the preceding fiscal year and disclosing, (a) a description of the coverage provided by the fund or plan; (b) the amount contributed by each employer; (c) the amounts contributed by the members and the trade union, if any; (d) a statement of the assets, specifying the total amount of each type of asset; (e) a statement of liabilities, receipts and disbursements; (f) a statement of salaries, fees and commissions charged to the fund or plan, to whom paid, in what amount and for what purposes; and (g) such further information as the Minister may require. Furnishing of copy to member of trade union (3) The administrator, upon the request in writing of any member of the trade union whose employer has made payments or contributions into the fund or plan, shall furnish to the member without charge a copy of the audited financial statement required to be filed by subsection (2). Where Board may direct compliance (4) Where an administrator has failed to comply with subsection (2) or (3), upon a certificate of failure so to comply signed by the Minister or upon complaint by the member, the Board may direct the administrator to comply within the time that the Board may determine. R.S.O. 1990, c.L.2, s.88.
Representative for service of process
89.  (1) Every trade union and unincorporated employers’ organization in Ontario that has members in Ontario shall, within fifteen days after it has enrolled its first member, 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 or unincorporated employers’ organization to accept on its behalf service of process and notices under this Act. Change in representative (2) Whenever a trade union or unincorporated 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. Service of notice (3) Service on the person named in a notice or the latest notice, as the case may be, filed under subsection (1) is good and sufficient service for the purposes of this Act on the trade union or unincorporated employers’ organization that filed the notice. R.S.O. 1990, c.L.2, s.89.
Publications
90. Every publication that deals with the relations between employers or employers’ organizations and trade unions or employees shall bear the names and addresses of its printer and its publisher. R.S.O. 1990, c.L.2, s.90. Enforcement
“Person” defined for purposes of ss.82, 91
92. For the purposes of section 82 and any complaint made under section 91, “person” includes any person otherwise excluded by subsection 1(3). R.S.O. 1990, c.L.2, s.92.
Board power re interim orders
92.1  (1) On application in a pending or intended proceeding, the Board may grant such interim orders, including interim relief, as it considers appropriate on such terms as the Board considers appropriate. Filing in court (2) A party to an interim order may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. 1992, c.21, s.37, part.
Complaints during organizing activities
92.2  (1) This section applies to a complaint under section 91 alleging that, during the period beginning with a trade union’s organizing activities and ending with the disposition of its application for certification, an employee has been disciplined, has had his or her employment terminated, has received notice of discipline or termination of employment or has been otherwise penalized contrary to this Act. Expedited hearing (2) If the trade union requests an expedited hearing of the complaint, the Board shall begin its inquiry into the complaint within fifteen days after the later of, (a) the day on which the request is filed with the Board; and (b) the day on which the request is delivered to the respondent named in the complaint. Hearing (3) The Board shall hear the complaint on consecutive days from Mondays to Thursdays, except holidays, until the hearing is completed. Decision (4) The Board shall render its decision on the complaint within two days after the hearing is completed, excluding Saturdays, Sundays and holidays. The Board may give its decision orally or in writing. Reasons for decision (5) The Board shall give written reasons for the decision within a reasonable period of time upon the request of either party. Consolidation of hearings (6) The Board may hear and determine any other application or complaint under this Act together with a complaint to which this section applies. 1992, c.21, s.37, part.
Declaration and direction by Board re unlawful strike
94. Where, on the complaint of a trade union, council of trade unions, employer or employers’ organization, the Board is satisfied that a trade union or council of trade unions called or authorized or threatened to call or authorize an unlawful strike or that an officer, official or agent of a trade union or council of trade unions counselled or procured or supported or encouraged an unlawful strike or threatened an unlawful strike or that employees engaged in or threatened to engage in an unlawful strike or any person has done or is threatening to do an act that the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike, the Board may so declare and it may direct what action, if any, a person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or the threat of an unlawful strike. R.S.O. 1990, c.L.2, s.94.
Declaration and direction by Board in respect of unlawful lock-out
95. Where, on the complaint of a trade union, council of trade unions, employer or employers’ organization, the Board is satisfied that an employer or employers organization called or authorized or threatened to call or authorize an unlawful lock-out or locked out or threatened to lock out employees or that an officer, official or agent of an employer or employers’ organization counselled or procured or supported or encouraged an unlawful lock-out or threatened an unlawful lock-out, the Board may so declare and, in addition, in its discretion, it may direct what action if any a person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful lock-out or the threat of an unlawful lock-out. R.S.O. 1990, c.L.2, s.95.
Filing in court
96. A party to a direction made under section 94 or 95 may file it, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. 1992, c.21, s.39.
Notice of claim for damages after unlawful strike or lock-out where no collective agreement
97.  (1) Where the Board declares that a trade union or council of trade unions has called or authorized an unlawful strike or that an employer or employers’ organization has called or authorized an unlawful lock-out and no collective agreement is in operation between the trade union or council of trade unions and the employer or employers’ organization, as the case may be, the trade union or council of trade unions or employer or employers’ organization may, within fifteen days of the release of the Board’s declaration, but not thereafter, notify the employer or employers’ organization or trade union or council of trade unions, as the case may be, in writing of its intention to claim damages for the unlawful strike or lock-out, and the notice shall contain the name of its appointee to an arbitration board. Appointment of arbitration board (2) The recipient of the notice shall within five days inform the sender of the notice of the name of its appointee to the arbitration board. Idem (3) The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chair. Idem (4) If the recipient of the notice fails to name an appointee, or if the two appointees fail to agree upon a chair within the time limited, the appointment shall be made by the Minister upon the request of either party. Decision of arbitration board (5) The arbitration board shall hear and determine the claim for damages including any question as to whether the claim is arbitrable and shall issue a decision and the decision is final and binding upon the parties to the arbitration, and, (a) in the case of a council of trade unions, upon the members of affiliates of the council who are affected by the decision; and (b) in the case of an employers’ organization, upon the employers in the organization who are affected by the decision. Idem (6) The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chair governs. Remuneration of members of board (7) The chair and members of the arbitration board under this section shall be paid remuneration and expenses at the same rate as is payable to a chair and members of a conciliation board under this Act, and the parties to the arbitration are jointly and severally liable for the payment of the fees and expenses. R.S.O. 1990, c.L.2, s.97(1-7). Procedure of board (8) In an arbitration under this section, subsections 45(5), (6), (6.1), (6.2), (7), (8.1), (11) and (12) apply with necessary modifications. R.S.O. 1990, c.L.2, s.97(8); 1992, c.21, s.40.
Offences
98.  (1) Every person, trade union, council of trade unions or employers’ organization that contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act is guilty of an offence and on conviction is liable, (a) if an individual, to a fine of not more than $2,000; or (b) if a corporation, trade union, council of trade unions or employers’ organization, to a fine of not more than $25,000. Continued offences (2) Each day that a person, trade union, council of trade unions or employers’ organization contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act constitutes a separate offence. Disposition of fines (3) Every fine recovered for an offence under this Act shall be paid to the Treasurer of Ontario and shall form part of the Consolidated Revenue Fund. R.S.O. 1990, c.L.2, s.98.
Information may be in respect of one or more offences
99. An information in respect of a contravention of this Act may be for one or more offences and no information, warrant, conviction or other step or procedure in any such prosecution is objectionable or insufficient by reason of the fact that it relates to two or more offences. R.S.O. 1990, c.L.2, s.99.
Parties
100.  If a corporation, trade union, council of trade unions or employers’ organization is guilty of an offence under this Act, every officer, official or agent thereof who assented to the commission of the offence shall be deemed to be a party to and guilty of the offence. R.S.O. 1990, c.L.2, s.100.
Style of prosecution
101.  (1) A prosecution for an offence under this Act may be instituted against a trade union or council of trade unions or employers’ organization in the name of the union, council or organization. Vicarious responsibility (2) Any act or thing done or omitted by an officer, official or agent of a trade union or council of trade unions or employers’ organization within the scope of the officer, official or agent’s authority to act on behalf of the union, council or organization shall be deemed to be an act or thing done or omitted by the union, council or organization. R.S.O. 1990, c.L.2, s.101.
Proceedings to enforce orders, etc.
102. A trade union, a council of trade unions or an unincorporated employers’ organization affected by a decision, determination, order or direction of the Board or of an arbitrator or an arbitration board may bring proceedings in its own name to enforce it or may be subject to such proceedings in its own name in the Ontario Court (General Division). 1992, c.21, s.41.
Consent
103.  (1) No prosecution for an offence under this Act shall be instituted except with the consent in writing of the Board. Information (2) An application for consent to institute a prosecution for an offence under this Act may be made by a trade union, a council of trade unions, a corporation or an employers’ organization among others, and, if the consent is given by the Board, the information may be laid by any officer, official or member of the trade union, council of trade unions, corporation or employers’ organization among others. R.S.O. 1990, c.L.2, s.103. Administration
Mistakes in names of parties
106. Where in any proceeding before the Board the Board is satisfied that a mistake has been made in good faith with the result that the proper person or trade union has not been named as a party or has been incorrectly named, the Board may order the proper person or trade union to be substituted or added as a party to the proceedings or to be correctly named upon such terms as appear to the Board to be just. R.S.O. 1990, c.L.2, s.106.
Proof of status of trade union
107. Where in any proceeding under this Act the Board has found or finds that an organization of employees is a trade union within the meaning of subsection 1(1), such finding is proof, in the absence of evidence to the contrary, in any subsequent proceeding under this Act that the organization of employees is a trade union for the purposes of this Act. R.S.O. 1990, c.L.2, s.107.
Jurisdiction
108.  (1) The Board has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it, and the action or decision of the Board thereon is final and conclusive for all purposes, but nevertheless the Board may at any time, if it considers it advisable to do so, reconsider any decision, order, direction, declaration or ruling made by it and vary or revoke any such decision, order, direction, declaration or ruling. Idem (2) If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a person is an employee or as to whether a person is a guard, the question may be referred to the Board and the decision of the Board thereon is final and conclusive for all purposes. Findings of hearing-officer conclusive (3) Where the Board has authorized the chair or a vice-chair to make an inquiry under clause 105(2)(h), his or her findings and conclusions on facts are final and conclusive for all purposes, but nevertheless he or she may, if he or she considers it advisable to do so, reconsider his or her findings and conclusions on facts and vary or revoke any such finding or conclusion. R.S.O. 1990, c.L.2, s.108.
Reference of questions
109.  (1) The Minister may refer to the Board any question which in his or her opinion relates to the exercise of his or her powers under this Act and the Board shall report its decision on the question. Idem (2) If the Minister refers to the Board a question involving the applicability of section 63(declaration of successor union), 64(sale of a business), 64.1 (federal-to-provincial sale) or 64.2 (services provided under contract), the Board has the powers it would have if an interested party had applied to the Board for such a determination and may give such directions as to the conduct of its proceedings as it considers advisable. 1992, c.21, s.44.
Board’s orders not subject to review
110. No decision, order, direction, declaration or ruling of the Board shall be questioned or reviewed in any court, and no order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto, or otherwise, to question, review, prohibit or restrain the Board or any of its proceedings. R.S.O. 1990, c.L.2, s.110.
Testimony in civil suits, etc.
111. Except with the consent of the Board, no member of the Board, nor its registrar, nor any of its other officers, nor any of its clerks or servants shall be required to give testimony in any civil proceeding or in any proceeding before the Board or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act. R.S.O. 1990, c.L.2, s.111; 1992, c.21, s.45.
Documentary evidence
112. The production in a court of a document purporting to be or to contain a copy of a decision, determination, report, interim order, order, direction, declaration or ruling of the Board, a conciliation board, a mediator, an arbitrator or an arbitration board and purporting to be signed by a member of the Board or its registrar, the chair of the conciliation board, the mediator, the arbitrator or the chair of the arbitration board, as the case may be, is proof, in the absence of evidence to the contrary, of the document without proof of the appointment, authority or signature of the person who signed the document. R.S.O. 1990, c.L.2, s.112. General
Secrecy as to union membership
113.  (1) The records of a trade union relating to membership or any records that may disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union produced in a proceeding before the Board is for the exclusive use of the Board and its officers and shall not, except with the consent of the Board, be disclosed, and no person shall, except with the consent of the Board, be compelled to disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union. Non-disclosure (2) No information or material furnished to or received by a conciliation officer or a mediator, (a) under this Act; or (b) in the course of any endeavour that a conciliation officer may make under the direction of the Minister to effect a collective agreement after the Minister, (i) has released the report of a conciliation board or a mediator, or (ii) has informed the parties that he or she does not consider it advisable to appoint a conciliation board, shall be disclosed except to the Minister, the Deputy Minister of Labour or the chief conciliation officer of the Ministry of Labour. Idem (3) No report of a conciliation officer shall be disclosed except to the Minister, the Deputy Minister of Labour or the chief conciliation officer of the Ministry of Labour. R.S.O. 1990, c.L.2, s.113(1-3). Idem, labour relations officers, etc. (4) Subject to subsection (6), no information or material furnished to or received by a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the director of the Office of Arbitration. Idem (5) Subject to subsection (6), no report of a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the director of the Office of Arbitration. Authorization to disclose (6) The Board or the director of the Office of Arbitration, as the case may be, may authorize the disclosure of information, material or reports. 1992, c.21, s.46.
Competency as a witness
113.1  (1) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them when endeavouring to effect a collective agreement: 1. The Minister. 2. A deputy minister employed in the Ministry of Labour. 3. An assistant deputy minister of Labour. 4. The director of the Office of Mediation. 5. The chair or a member of a conciliation board. 6. Any other person appointed by the Minister under this Act who is endeavouring to effect a collective agreement. Idem (2) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while acting within the scope of their employment under this Act: 1. The director of the Office of Arbitration. 2. A person appointed by the Minister under this Act or under a collective agreement to effect the settlement of a dispute or the mediation of a matter. 1992, c.21, s.47.