jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application of Act
2.  (1) This Act does not apply, . .  .  .  . (b) to a person employed in agriculture, hunting or trapping; (c) to a person, other than an employee of a municipality or a person employed in silviculture, who is employed in horticulture by an employer whose primary business is agriculture or horticulture; (d) to a member of a police force within the meaning of the Police Services Act; (e) to a full-time firefighter within the meaning of the Fire Departments Act; (f) to a teacher as defined in the School Boards and Teachers Collective Negotiations Act, except as provided in that Act; (g) to a physician to whom the Ontario Medical Association Dues Act, 1991 applies or to an intern or a resident described in subsection 1(2) of that Act; (h) to a member of the Ontario Provincial Police Force; (i) to an employee within the meaning of the Colleges Collective Bargaining Act; (j) to a provincial judge; (k) to a person employed as a labour mediator or labour conciliator; (l) to a person employed in a minister’s office in a position confidential to a minister of the Crown; or (m) to a person who regularly provides advice to Cabinet, a minister of the Crown or a deputy minister on employment-related legislation that directly affects the terms and conditions of employment of employees in the public sector as it is defined in subsection 1(1) of the Pay Equity Act. R.S.O. 1990, c.L.2, s.2; 1992, c.21, s.4(1-3); 1993, c.38, s.67(1); 1994, c.6, s.27(1). (2) REPEALED: 1994, c.6, s.27(2).
Application of Act to Crown employees modified
2.0.1  (1) The modifications described in the Crown Employees Collective Bargaining Act, 1993 apply for the application of this Act with respect to Crown employees as defined in the Crown Employees Collective Bargaining Act, 1993. Same (2) Despite clauses 2(1)(b) and (c), this Act applies to Crown employees who are persons described in those clauses. 1993, c.38, s.67(2), part.
Crown bound
2.0.2 This Act binds the Crown. 1993, c.38, s.67(2), part.
Purposes
2.1 The following are the purposes of this Act: 1. To ensure that workers can freely exercise the right to organize by protecting the right of employees to choose, join and be represented by a trade union of their choice and to participate in the lawful activities of the trade union. 2. To encourage the process of collective bargaining so as to enhance, i. the ability of employees to negotiate terms and conditions of employment with their employer, ii. the extension of co-operative approaches between employers and trade unions in adapting to changes in the economy, developing work force skills and promoting workplace productivity, and iii. increased employee participation in the workplace. 3. To promote harmonious labour relations, industrial stability and the ongoing settlement of differences between employers and trade unions. 4. To provide for effective, fair and expeditious methods of dispute resolution. 1992, c.21, s.5, part. Freedoms
Membership in trade union
3. Every person is free to join a trade union of the person’s own choice and to participate in its lawful activities. R.S.O. 1990, c.L.2, s.3.
Membership in employers’ organization
4. Every person is free to join an employers’ organization of the person’s own choice and to participate in its lawful activities. R.S.O. 1990, c.L.2, s.4. Establishment of Bargaining Rights by Certification
Combining bargaining units
7.  (1) On application by the employer or trade union, the Board may combine two or more bargaining units consisting of employees of an employer into a single bargaining unit if the employees in each of the bargaining units are represented by the same trade union. Idem, application for certification (2) On an application under subsection (1) that is considered together with an application for certification, the Board may do the following: 1. Combine the bargaining unit to which the certification application relates with one or more existing bargaining units if the certification application is made by the trade union that represents the employees in those existing bargaining units. 2. Combine the bargaining unit to which the certification application relates with other proposed bargaining units if the certification application is made by the trade union applying for certification for the other proposed bargaining units. 3. Combine the bargaining unit to which the certification application relates with both existing and proposed bargaining units if the certification application is made by the trade union that represents the employees in those existing bargaining units and that has applied for certification for the other proposed bargaining units. Factors to consider (3) The Board may take into account such factors as it considers appropriate and shall consider the extent to which combining the bargaining units, (a) would facilitate viable and stable collective bargaining; (b) would reduce fragmentation of bargaining units; or (c) would cause serious labour relations problems. Manufacturing operations (4) In the case of manufacturing operations, the Board shall not combine bargaining units of employees at two or more geographically separate places of operations if the Board considers that a combined bargaining unit is inappropriate because the employer has established that combining the units will interfere unduly with, (a) the employer’s ability to continue significantly different methods of operation or production at each of those places; or (b) the employer’s ability to continue to operate those places as viable and independent businesses. Amendments (5) In combining bargaining units, the Board may amend any certificate or any provision of a collective agreement and may make such other orders as it considers appropriate in the circumstances. Non-application (6) This section does not apply with respect to bargaining units in the construction industry. 1992, c.21, s.8, part.
Pre-hearing votes
9.  (1) Upon an application for certification, the trade union may request that a pre-hearing representation vote be taken. R.S.O. 1990, c.L.2, s.9(1); 1993, c.27, Sched. Voting constituency (2) Upon such a request being made, the Board may determine a voting constituency and, if it appears to the Board on an examination of the records of the trade union and the records of the employer that not less than 35 per cent of the employees in the voting constituency were members of the trade union at the time the application was made, the Board may direct that a representation vote be taken among the employees in the voting constituency. R.S.O. 1990, c.L.2, s.9(2); 1993, c.27, Sched. Sealing of ballot box (3) The Board may direct that the ballot box containing the ballots cast in a representation vote taken under subsection (2) shall be sealed and that the ballots shall not be counted until the parties have been given full opportunity to present their evidence and make their submissions. R.S.O. 1990, c.L.2, s.9(3). Effect of pre-hearing vote (4) After a representation vote has been taken under subsection (2), the Board shall determine the unit of employees that is appropriate for collective bargaining and, if it is satisfied that not less than 35 per cent of the employees in the bargaining unit were members of the trade union at the time the application was made, the representation vote taken under subsection (2) has the same effect as a representation vote taken under section 8. R.S.O. 1990, c.L.2, s.9(4); 1992, c.21, s.9.
Certification of trade union
9.1  (1) If a representation vote is taken, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast are cast in favour of the trade union. Idem, no vote (2) If no representation vote is taken, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit if it is satisfied that more than 55 per cent of the employees are members of the trade union on the certification application date or have applied to become members on or before that date. 1992, c.21, s.10, part.
Certification when Act contravened
9.2 If the Board considers that the true wishes of the employees of an employer or of a member of an employers’ organization respecting representation by a trade union are not likely to be ascertained because the employer, employers’ organization or a person acting on behalf of either has contravened this Act, the Board may, on the application of the trade union, certify the trade union as the bargaining agent of the employees in the bargaining unit. 1992, c.21, s.10, part.
Certification of councils of trade unions
10.  (1) Sections 5 to 13 and 119 and 121 apply with necessary modifications to an application for certification by a council of trade unions, but, before the Board certifies such a council as bargaining agent for the employees of an employer in a bargaining unit, the Board shall satisfy itself that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent. Postponement of disposition (2) Where the Board is of opinion that appropriate authority has not been vested in the applicant, the Board may postpone disposition of the application to enable the constituent unions to vest such additional or other authority as the Board considers necessary. R.S.O. 1990, c.L.2, s.10(1,2). Membership (3) For the purposes of sections 8, 9 and 9.1, a person who is a member of any constituent trade union of a council or who has applied to become a member of one shall be deemed by the Board to be a member of the council or to have applied to become a member of it. 1992, c.21, s.11.
Right of access
11. Where employees of an employer reside on the property of the employer, or on property to which the employer has the right to control access, the employer shall, upon a direction from the Board, allow the representative of a trade union access to the property on which the employees reside for the purpose of attempting to persuade the employees to join a trade union. R.S.O. 1990, c.L.2, s.11.
Application
11.1  (1) This section applies with respect to premises to which the public normally has access and from which a person occupying the premises would have a right to remove individuals. Right of access re organizing (2) Employees and persons acting on behalf of a trade union have the right to be present on premises described in subsection (1) for the purpose of attempting to persuade employees to join a trade union. Attempts to persuade the employees may be made only at or near but outside the entrances and exits to the employees’ workplace. Right of access re picketing (3) During a lock-out or lawful strike, individuals have the right to be present on premises described in subsection (1) for the purpose of picketing, in connection with the lock-out or strike, the operations of an employer or a person acting on behalf of an employer. The picketing may occur only at or near but outside the entrances and exits to the operations. Prohibition (4) No person shall interfere with the exercise of a right described in subsection (2) or (3). Restrictions on rights of access (5) On application, the Board may impose such restrictions on the exercise of a right described in subsection (2) or (3) as it considers appropriate in order to prevent the undue disruption of the operations of the applicant. Jurisdiction (6) An application respecting the exercise or alleged exercise of a right described in subsection (2) or (3) may be made only to the Board and no action or proceeding otherwise lies at law. Filing in court (7) A party to an order made under subsection (5) 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. Conflict (8) In the event of a conflict between a right described in subsection (2) or (3) and other rights established at common law or under the Trespass to Property Act, the right described in those subsections prevails. 1992, c.21, s.12. 12. REPEALED: 1992, c.21, s.13.
Conflict
12. REPEALED: 1992, c.21, s.13.
What unions not to be certified
13. The Board shall not certify a trade union if any employer or any employers’ organization 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.13. Negotiation of Agreements
Notice of desire to bargain
14. Following certification or voluntary recognition, the trade union shall give the employer written notice of its desire to bargain with a view to making a collective agreement. 1992, c.21, s.15.
Obligation to bargain
15. The parties shall meet within fifteen days from the giving of the notice or within such further period as the parties agree upon and they shall bargain in good faith and make every reasonable effort to make a collective agreement. R.S.O. 1990, c.L.2, s.15.
Appointment of conciliation officer, where notice given
16.  (1) Where notice has been given under section 14 or 54, the Minister, upon the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. Idem, where no notice given (2) Despite the failure of a trade union to give written notice under section 14 or the failure of either party to give written notice under sections 54 and 124, where the parties have met and bargained, the Minister, upon the request of either party, may appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. R.S.O. 1990, c.L.2, s.16(1,2). Idem, voluntary recognition (3) Upon the request of either party following voluntary recognition, the Minister may appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 1992, c.21, s.16. Second conciliation (4) Despite anything in this Act, where the Minister has appointed a conciliation officer or a mediator and the parties have failed to enter into a collective agreement within fifteen months from the date of such appointment, the Minister may, upon the joint request of the parties, again appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement, and, upon the appointment being made, sections 17 to 34 and 74 to 81 apply, but the appointment is not a bar to an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit. R.S.O. 1990, c.L.2, s.16(4).
Appointment of mediator
17.  (1) Where the Minister is required or authorized to appoint a conciliation officer, the Minister may, on the request in writing of the parties, appoint a mediator selected by them jointly before he or she has appointed a conciliation board or has informed the parties that he or she does not consider it advisable to appoint a conciliation board. Idem (2) Where the Minister has appointed a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is thereby terminated. R.S.O. 1990, c.L.2, s.17.
Duties
18.  (1) Where a conciliation officer is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement and he or she shall, within fourteen days from his or her appointment, report the result of his or her endeavour to the Minister. Extension of 14-day period (2) The period mentioned in subsection (1) may be extended by agreement of the parties or by the Minister upon the advice of the conciliation officer that a collective agreement may be made within a reasonable time if the period is extended. Report of settlement (3) Where the conciliation officer reports to the Minister that the differences between the parties concerning the terms of a collective agreement have been settled, the Minister shall forthwith by notice in writing inform the parties of the report. R.S.O. 1990, c.L.2, s.18.
Conciliation board, appointment of members
19. If the conciliation officer is unable to effect a collective agreement within the time allowed under section 18, (a) the Minister shall forthwith by notice in writing request each of the parties, within five days of the receipt of the notice, to recommend one person to be a member of a conciliation board, and upon the receipt of the recommendations or upon the expiration of the five-day period he or she shall appoint two members who in his or her opinion represent the points of view of the respective parties, and the two members so appointed may, within three days after they are appointed, jointly recommend a third person to be a member and chair of the board, and upon the receipt of the recommendation or upon the expiration of the three-day period, he or she shall appoint a third person to be a member and chair of the board; or (b) the Minister shall forthwith by notice in writing inform each of the parties that he or she does not consider it advisable to appoint a conciliation board. R.S.O. 1990, c.L.2, s.19.
Certain persons prohibited as members
20. No person shall act as a member of a conciliation board who has any pecuniary interest in the matters coming before it or who is acting, or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties. R.S.O. 1990, c.L.2, s.20.
Notice to parties of appointment
21.  (1) When the members of the conciliation board have been appointed, the Minister shall forthwith give notice of their names to the parties and thereupon the board shall be deemed to have been established. Presumption of establishment (2) When notice under subsection (1) has been given, it shall be presumed conclusively that the conciliation board has been established in accordance with this Act, 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 the establishment of the conciliation board or the appointment of any of its members, or to review, prohibit or restrain any of its proceedings. R.S.O. 1990, c.L.2, s.21.
Vacancies
22.  (1) If a person ceases to be a member of a conciliation board by reason of his or her resignation or death before it has completed its work, the Minister shall appoint a member in his or her place after consulting the party whose point of view was represented by the person. Appointment of new member in place of member (2) If in the opinion of the Minister a member of a conciliation board has failed to enter on his or her duties so as to enable it to report to the Minister within a reasonable time after its appointment, the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by the person. Appointment of new chair (3) If the chair of a conciliation board is unable to enter on his or her duties so as to enable it to report to the Minister within a reasonable time after its appointment, he or she shall advise the Minister of his or her inability and the Minister may appoint a person to act as chair in his or her place. R.S.O. 1990, c.L.2, s.22.
Terms of reference
23. As soon as a conciliation board has been established, the Minister shall deliver to its chair a statement of the matters referred to it and the Minister may, either before or after its report is made, amend or add to the statement. R.S.O. 1990, c.L.2, s.23.
Oath of Office
24. Each member of a conciliation board shall, before entering upon his or her duties, take and subscribe before a person authorized to administer oaths or before another member of the board, and file with the Minister, an oath in the following form, in English or in French: I do solemnly swear (or solemnly affirm) that I am not disqualified under section 20 of the Labour Relations Act from acting as a member of a conciliation board and that I will faithfully, truly and impartially, to the best of my knowledge, skill and ability, execute and perform the office of member (or chair) of the conciliation board established to..................................................................................... and that I will not, except as I am legally authorized, disclose to any person any of the evidence or other matter brought before the board. So help me God. (omit this phrase in an affirmation). R.S.O. 1990, c.L.2, s.24.
Duties
25. As soon as a conciliation board is established, it shall endeavour to effect agreement between the parties on the matters referred to it. R.S.O. 1990, c.L.2, s.25.
Procedure
26.  (1) Subject to this Act, a conciliation board shall determine its own procedure. Presentation of evidence (2) A conciliation board shall give full opportunity to the parties to present their evidence and make their submissions. R.S.O. 1990, c.L.2, s.26.
Sittings
27. The chair of a conciliation board shall, after consultation with the other members of the board, fix the time and place of its sittings, and he or she shall notify the parties and the other members of the board of the time and place so fixed. R.S.O. 1990, c.L.2, s.27.
Minister to be informed of first sitting
28. The chair of a conciliation board shall in writing, immediately upon the conclusion of its first sitting, inform the Minister of the date on which the sitting was held. R.S.O. 1990, c.L.2, s.28.
Quorum
29. The chair and one other member of a conciliation board or, in the absence of the chair and with his or her written consent, the other two members constitute a quorum, but, in the absence of one of the members other than the chair, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting. R.S.O. 1990, c.L.2, s.29.
Casting vote
30. If the members of a conciliation board are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs. R.S.O. 1990, c.L.2, s.30.
Powers
31. A conciliation board has power, (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce such documents and things as the board considers requisite to the full investigation and consideration of the matters referred to it in the same manner as a court of record in civil cases; (b) to administer oaths and affirmations; (c) to admit and act upon such oral or written evidence as it considers proper, whether admissible in a court of law or not; (d) to enter any premises where work is being done or has been done by the employees or in which the employer carries on business or where anything is taking place or has taken place concerning any of the matters referred to the board, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any such thing or any of such matters; (e) to authorize any person to do anything that the board may do under clause (d) and to report to the board thereon. R.S.O. 1990, c.L.2, s.31; 1992, c.21, s.17.
When report to be made
32.  (1) A conciliation board shall report its findings and recommendations to the Minister within thirty days after its first sitting. Extension of period (2) The period mentioned in subsection (1) may be extended, (a) for a further period not exceeding thirty days, (i) by the Minister at the request of the chair of the conciliation board, or (ii) by agreement of the parties; or (b) for a further period beyond the period fixed in clause (a) that the parties may agree upon and as the Minister may approve. Report (3) The report of the majority constitutes the report of the conciliation board, but, where there is no majority agreement or where the board is unable to report within the time allowed under subsection (1) or (2), the chair shall notify the Minister in writing that there has been no agreement or that the board is unable to report, as the case may be, and in either case the notification constitutes the report of the board. Clarification, etc., of report (4) After a conciliation board has made its report, the Minister may direct it to clarify or amplify any part of its report, and the report shall not be deemed to have been received by the Minister until it has been so clarified or amplified. Copies of reports to parties (5) On receipt of the report of the conciliation board or the mediator, the Minister shall forthwith release a copy to each of the parties. R.S.O. 1990, c.L.2, s.32.
Duty of mediator
33.  (1) Where a mediator is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement. Powers (2) A mediator has all the powers of a conciliation board under section 31. Sections 28 and 32 apply (3) Sections 28 and 32 apply with necessary modifications to a mediator. Report (4) The report of a mediator has the same effect as the report of a conciliation board. R.S.O. 1990, c.L.2, s.33.
Failure to report
34. Failure of a conciliation officer to report to the Minister within the time provided in this Act does not invalidate the proceedings of the conciliation officer. R.S.O. 1990, c.L.2, s.34.
Industrial inquiry commission
35.  (1) The Minister may establish an industrial inquiry commission to inquire into and report to the Minister on any industrial matter or dispute that the Minister considers advisable. Composition and powers (2) The industrial inquiry commission shall consist of one or more members appointed by the Minister and the commission shall have all the powers of a conciliation board under section 31. Remuneration and expenses (3) The chair and members of the commission 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. R.S.O. 1990, c.L.2, s.35.
Appointment of special officer
36.  (1) Where, at any time during the operation of a collective agreement, the Minister considers that it will promote more harmonious industrial relations between the parties, the Minister may appoint a special officer to confer with the parties and assist them in an examination and discussion of their current relationship or the resolution of anticipated bargaining problems. Duties of special officer (2) A special officer appointed under subsection (1) shall confer with the parties and shall report to the Minister within thirty days of his or her appointment and upon the filing of his or her report his or her appointment shall terminate unless it is extended by the Minister. Qualifications of special officer (3) Any person knowledgeable in industrial relations may be appointed a special officer, whether or not he or she is an employee of the Crown. R.S.O. 1990, c.L.2, s.36.
Disputes Advisory Committee
37.  (1) The Minister may appoint a Disputes Advisory Committee composed of one or more representatives of employers and one or more representatives of employees. Purpose of Committee (2) At any time during the course of bargaining, either before or after the commencement of a strike or lock-out, where it appears to the Minister that the normal conciliation and mediation procedures have been exhausted, the Minister may request that the Disputes Advisory Committee be convened to confer with, advise and assist the bargaining parties. R.S.O. 1990, c.L.2, s.37.
Voluntary arbitration
38.  (1) Despite any other provision of this Act, the parties may at any time following the giving of notice of desire to bargain under section 14 or 54, irrevocably agree in writing to refer all matters remaining in dispute between them to an arbitrator or a board of arbitration for final and binding determination. R.S.O. 1990, c.L.2, s.38(1). Powers of arbitrator or board of arbitration (2) The agreement to arbitrate shall supersede all other dispute settlement provisions of this Act, including those provisions relating to conciliation, mediation, strike and lock-out, and the provisions of subsections 45(6), (6.1), (6.2), (7), (8.1) and (10) to (12) apply with necessary modifications to the proceedings before the arbitrator or board of arbitration and to its decision under this section. R.S.O. 1990, c.L.2, s.38(2); 1992, c.21, s.18; 1993, c.38, s.67(3). Effect of agreement (3) For the purposes of section 62 and section 125, an irrevocable agreement in writing referred to in subsection (1) shall have the same effect as a collective agreement. R.S.O. 1990, c.L.2, s.38(3).
Where Minister may require ratification vote
39. Where, at any time after the commencement of a strike or lock-out, the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may, on such terms as he or she considers necessary, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held forthwith. R.S.O. 1990, c.L.2, s.39.
Vote on employer’s offer
40.  (1) Before or after the commencement of a strike or lock-out, the employer of the employees in the affected bargaining unit may request that a vote of the employees be taken as to the acceptance or rejection of the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties and the Minister shall, and in the construction industry the Minister may, on the terms that he or she considers necessary direct that a vote of the employees to accept or reject the offer be held and thereafter no further such request shall be made. Time limits and periods not affected (2) A request for the taking of a vote, or the holding of a vote, under subsection (1) does not abridge or extend any time limits or periods provided for in this Act. R.S.O. 1990, c.L.2, s.40.
Application
41.1  (1) This section applies in each of the following circumstances: 1. If the employer is required to give notice of termination in accordance with subsection 57(2) of the Employment Standards Act (termination of fifty or more employees) to employees who are represented by a bargaining agent. 2. If any employees are to have their employment terminated because of the permanent discontinuance of all or part of the business in respect of which a trade union holds bargaining rights. 3. In such other circumstances as the Lieutenant Governor in Council may prescribe. Notice to trade union (2) The employer shall notify the trade union that a circumstance described in subsection (1) exists not later than the first date on which the employer is required to give any affected employee in the bargaining unit a notice of termination under section 57 of the Employment Standards Act. Duty to bargain for adjustment plan (3) Upon the request of the trade union, the employer and the trade union shall bargain in good faith and make every reasonable effort to make an adjustment plan. Commencement of bargaining (4) The employer and the trade union shall meet for the purpose of bargaining within seven days after the trade union makes the request. Contents of the plan (5) An adjustment plan may include provisions respecting any of the following: 1. Consideration of alternatives to terminating employees’ employment. 2. Human resource planning and employee counselling and retraining. 3. Notice of termination. 4. Severance pay and termination pay. 5. Entitlement to pension and other benefits including early retirement benefits. 6. A bipartite process for overseeing the implementation of the adjustment plan. 7. Such other matters as the parties may agree upon. Enforcement (6) An adjustment plan is enforceable as if it were part of the collective agreement, if any, between the employer and the trade union. Idem (7) If there is no collective agreement in effect, the employer or the trade union may request that the Minister refer to a single arbitrator under subsection 46(1) a difference related to the interpretation, application or administration of an adjustment plan. 1992, c.21, s.20. Contents of Collective Agreements
Recognition provision
42.  (1) Every collective agreement shall be deemed to provide that the trade union that is a party thereto is recognized as the exclusive bargaining agent of the employees in the bargaining unit defined therein. Recognition of accredited employers’ organization (2) Every collective agreement to which an accredited employers’ organization is a party shall be deemed to provide that the accredited employers’ organization is recognized as the exclusive bargaining agent of the employers in the unit of employers for whom the employers’ organization has been accredited. R.S.O. 1990, c.L.2, s.42.
Provision against strikes and lock-outs
43. Every collective agreement shall be deemed to provide that there will be no strikes or lock-outs so long as the agreement continues to operate. R.S.O. 1990, c.L.2, s.43.
Just cause provision
43.1  (1) Every collective agreement shall be deemed to provide that no employee shall be discharged or disciplined without just cause. Idem (2) Despite subsection (1), the parties may agree to establish a probationary period for new employees and a lesser standard for discharging employees may apply during that period. Continuation of provision (3) The provisions in the previous collective agreement respecting just cause continue in effect from the day on which it becomes lawful for the employees to strike and the employer to lock out the employees until a new or renewed collective agreement is in operation or until the right of the trade union to represent the employees is terminated, whichever occurs first. Arbitration of disputes (4) A party may request that the Minister refer to a single arbitrator under subsection 46(1) a difference relating to the just cause provisions of the collective agreement as they are continued under subsection (3). Limitation (5) The request for appointment of an arbitrator must be made within thirty days after the discharge or the imposition of the disciplinary measure to which the dispute relates. Extension of time (6) The arbitrator may extend the time for making a request under subsection (5), despite the expiration of the time, if he or she is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension. Application (7) Subsections 46(4) to (11) apply with respect to the arbitration. 1992, c.21, s.21.
Deduction and remittance of union dues
44.  (1) Except in the construction industry and subject to section 48, where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union, forthwith. Definition (2) In subsection (1), “regular union dues” means, (a) in the case of an employee who is a member of the trade union, the dues uniformly and regularly paid by a member of the trade union in accordance with the constitution and by-laws of the trade union; and (b) in the case of an employee who is not a member of the trade union, the dues referred to in clause (a), excluding any amount in respect of pension, superannuation, sickness insurance or any other benefit available only to members of the trade union. R.S.O. 1990, c.L.2, s.44.
Consultation provision
44.1  (1) A collective agreement must contain a consultation provision if a party makes a written request for one after the notice of desire to bargain is given or after the parties begin bargaining. Idem (2) The consultation provision contained in the collective agreement must provide that the parties consult regularly during the term of the agreement about issues relating to the workplace which affect the parties or any employee bound by the agreement. Deemed provision (3) If the collective agreement does not contain the provision described in subsection (2), it shall be deemed to contain a provision to the following effect: On the request of either party, the parties shall meet at least once every two months until this agreement is terminated for the purpose of discussing issues relating to the workplace which affect the parties or any employee bound by this agreement. 1992, c.21, s.22.
Consensual mediation-arbitration
46.1  (1) Despite any grievance or arbitration provision in a collective agreement or deemed to be included in the collective agreement under section 45, the parties to the collective agreement may, at any time, agree to refer one or more grievances under the collective agreement to a single mediator-arbitrator for the purpose of resolving the grievances in an expeditious and informal manner. Prerequisite (2) The parties shall not refer a grievance to a mediator-arbitrator unless they have agreed upon the nature of any issues in dispute. Appointment by Minister (3) The parties may jointly request the Minister to appoint a mediator-arbitrator if they are unable to agree upon one and the Minister shall make the appointment. Proceedings to begin (4) Subject to subsection (5), a mediator-arbitrator appointed by the Minister shall begin proceedings within thirty days after being appointed. Idem (5) The Minister may direct a mediator-arbitrator appointed by him or her to begin proceedings on such date as the parties jointly request. Mediation (6) The mediator-arbitrator shall endeavour to assist the parties to settle the grievance by mediation. Arbitration (7) If the parties are unable to settle the grievance by mediation, the mediator-arbitrator shall endeavour to assist the parties to agree upon the material facts in dispute and then shall determine the grievance by arbitration. Idem (8) When determining the grievance by arbitration, the mediator-arbitrator may limit the nature and extent of evidence and submissions and may impose such conditions as he or she considers appropriate. Time for decision (9) The mediator-arbitrator shall give a succinct decision within five days after completing proceedings on the grievance submitted to arbitration. Application (10) Subsections 45(8) to (11) apply with respect to a mediator-arbitrator and a settlement, determination or decision under this section. 1992, c.21, s.25.
Religious objections
48.  (1) Where the Board is satisfied that an employee because of his or her religious conviction or belief, (a) objects to joining a trade union; or (b) objects to the paying of dues or other assessments to a trade union, the Board may order that the provisions of a collective agreement of the type mentioned in clause 47(1)(a) do not apply to the employee and that the employee is not required to join the trade union, to be or continue to be a member of the trade union, or to pay any dues, fees or assessments to the trade union, provided that amounts equal to any initiation fees, dues or other assessments are paid by the employee to or are remitted by the employer to a charitable organization mutually agreed upon by the employee and the trade union, but if the employee and the trade union fail to so agree then to a charitable organization registered as a charitable organization in Canada under Part I of the Income Tax Act (Canada) that may be designated by the Board. R.S.O.1990, c.L.2, s.48(1). Application of subs. (1) (2) Subsection (1) applies to employees in the employ of an employer at the time a collective agreement containing a provision of the kind mentioned in subsection (1) is first entered into with that employer and only during the life of such collective agreement, and does not apply to employees whose employment commences after the entering into of the collective agreement. R.S.O.1990, c.L.2, s.48(2); 1993, c.27, Sched. Operation of Collective Agreements
Deemed no collective agreement
49. An agreement between an employer or employers’ organization and a trade union is deemed not to be a collective agreement for the purposes of this Act, (a) if an employer or employers’ organization participated in the formation or administration of the trade union; or (b) if an employer or employers’ organization contributed financial or other support to the trade union. 1992, c.21, s.26, part.
Discrimination prohibited
49.1 A collective agreement must not discriminate against any person if the discrimination is contrary to the Human Rights Code or the Canadian Charter of Rights and Freedoms. 1992, c.21, s.26, part.
More than one collective agreement prohibited
50. There shall be only one collective agreement at a time between a trade union or council of trade unions and an employer or employers’ organization with respect to the employees in the bargaining unit defined in the collective agreement. R.S.O. 1990, c.L.2, s.50.
Binding effect of collective agreements on employers, trade unions and employees
51. A collective agreement is, subject to and for the purposes of this Act, binding upon the employer and upon the trade union that is a party to the agreement whether or not the trade union is certified and upon the employees in the bargaining unit defined in the agreement. R.S.O. 1990, c.L.2, s.51.
Minimum term of collective agreements
53.  (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate. Extension of term of collective agreement (2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit and the continuation of the collective agreement may be terminated by either party upon thirty days notice to the other party. Early termination of collective agreements (3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Board on the joint application of the parties. Idem (4) Despite anything in this section, where an employer joins an employers’ organization that is a party to a collective agreement with a trade union or council of trade unions and the employer agrees with the trade union or council of trade unions to be bound by the collective agreement between the trade union or council of trade unions and the employers’ organization, the agreement ceases to be binding upon the employer and the trade union or council of trade unions at the same time as the agreement between the employers’ organization and the trade union or council of trade unions ceases to be binding. Revision by mutual consent (5) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation. R.S.O. 1990, c.L.2, s.53.
Notice of desire to bargain for new collective agreement
54.  (1) Either party to a collective agreement 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. Idem (2) A notice given by a party to a collective agreement in accordance with provisions in the agreement relating to its termination or renewal shall be deemed to comply with subsection (1). Notice of desire for new collective agreement for employers’ organization (3) Where notice is given by or to an employers’ organization that has a collective agreement with a trade union or council of trade unions, it shall be deemed to be a notice given by or to each member of the employers’ organization who is bound by the agreement or who has ceased to be a member of the employers’ organization but has not notified the trade union or council of trade unions in writing that he, she or it has ceased to be a member. Idem (4) Where notice is given by or to a council of trade unions, other than a certified council of trade unions, that has a collective agreement with an employer or employers’ organization, it shall be deemed to be a notice given by or to each member or affiliate of the council of trade unions that is bound by the agreement or that has ceased to be a member or affiliate of the council of trade unions but has not notified the employer or employers’ organization in writing that it has ceased to be a member or affiliate. R.S.O. 1990, c.L.2, s.54.
Application of ss.15-34
55. Sections 15 to 34 apply to the bargaining that follows the giving of a notice under section 54. R.S.O. 1990, c.L.2, s.55.
Dissolution of councils of certified trade unions
56.  (1) Where a certified council of trade unions is a party to or is bound by a collective agreement, no resolution, by-law or other action by the constituent unions of a certified council of trade unions to dissolve the council or by a constituent union of such a council to withdraw from the council, as the case may be, has effect, (a) unless a copy of the resolution, by-law or other action is delivered to the employer or the employers’ organization and, in the case of a withdrawal, to the other constituent members and to the council at least ninety days before the collective agreement ceases to operate; and (b) until the collective agreement ceases to operate. Idem (2) Where a certified council of trade unions is not a party to or is not bound by a collective agreement, no resolution, by-law or other action by the constituent unions of a certified council of trade unions to dissolve the council or by a constituent union of such a council to withdraw from the council, as the case may be, has effect until the ninetieth day after the day on which a copy of such resolution, by-law or other action is delivered to the employer or the employers’ organization and, in the case of a withdrawal, to the other constituent members and to the council. R.S.O. 1990, c.L.2, s.56. Termination of Bargaining Rights
Effect of certification
57.  (1) If the trade union that applies for certification under subsection 5(4), (5) or (6) is certified as bargaining agent for any of the employees in the bargaining unit defined in the collective agreement, the trade union that was or is a party to the agreement, as the case may be, forthwith ceases to represent the employees in the bargaining unit determined in the certificate and the agreement ceases to operate in so far as it affects such employees. Idem (2) If the trade union that applies for certification under subsection 5(2) is certified as bargaining agent for any of the employees in the bargaining unit defined in the certificate issued to the trade union that was previously certified, the latter trade union forthwith ceases to represent the employees in the bargaining unit defined in the certificate issued to the former trade union. R.S.O. 1990, c.L.2, s.57.
Where certificate obtained by fraud
59. If a trade union has obtained a certificate by fraud, the Board may at any time declare that the trade union no longer represents the employees in the bargaining unit and, upon the making of such a declaration, the trade union is not entitled to claim any rights or privileges flowing from certification and, if it has made a collective agreement binding upon the employees in the bargaining unit, the collective agreement is void. R.S.O. 1990, c.L.2, s.59.