2 (1) This Act applies to persons who are part of the following bargaining units: 1.The police officers’ bargaining unit consisting of members of the Ontario Provincial Police Force who are cadets, recruit constables, probationary constables, constables, sergeants, staff sergeants, and sergeants major. Note: On a day to be named by proclamation of the Lieutenant Governor, the English version of paragraph 1 of subsection 2 (1) of the Act is amended by striking out “Force”. (See: 2019, c. 1, Sched. 4, s. 41 (3)) 2.The civilian employees’ bargaining unit consisting of public servants who are employed at an Ontario Provincial Police headquarters, at the Ontario Police College or at the Ontario Provincial Police Academy or who work under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who, Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 2 (1) of the Act is amended by striking out “supervision” in the portion before subparagraph i and substituting “direction”. (See: 2019, c. 1, Sched. 4, s. 41 (4)) i. are not in the officers’ bargaining unit described in paragraph 1, ii. are not a deputy commissioner of the Ontario Provincial Police, a commissioned officer or any other employee exercising managerial functions or employed in a confidential capacity in relation to labour relations, iii. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, a minister or a deputy minister about 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, iv. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, the Minister of Finance, the Chair of Management Board of Cabinet, a deputy minister in the Ministry of Finance or the Secretary of the Management Board of Cabinet on any matter within the powers or duties of the Treasury Board under Part 0.1 of the Financial Administration Act, and v. do not have duties or responsibilities that, in the opinion of the Ontario Labour Relations Board, constitute a conflict of interest with their being members of this bargaining unit.  2009, c. 18, Sched. 23, s. 3; 2009, c. 34, Sched. J, s. 32. Bargaining authority (2) The Association is the exclusive bargaining agent authorized to represent the employees who are part of a bargaining unit referred to in subsection (1) in bargaining with the employer on terms and conditions of employment, except as to matters that are exclusively the function of the employer, and, without limiting the generality of the foregoing, including rates of remuneration, hours of work, overtime and other premium allowance for work performed, the mileage rate payable to an employee for miles travelled when the employee is required to use his or her own automobile on the employer’s business, benefits pertaining to time not worked by employees, including paid holidays, paid vacations, group life insurance, health insurance and long-term income protection insurance, the procedures applicable to the processing of grievances, the methods of effecting promotions, demotions, transfers, lay-offs or reappointments and the conditions applicable to leaves of absence for other than any elective public office, political activities or training and development.  2006, c. 35, Sched. B, s. 2 (2); 2013, c. 19, s. 1 (1). (3) Repealed: 2013, c. 19, s. 1 (2). Questions as to bargaining unit (4) 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 public servant is a person described in subparagraphs 2 i to vi of subsection (1), the question may be referred to the Ontario Labour Relations Board, and the decision of the Board is final.  2006, c. 35, Sched. B, s. 2 (4). Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 3 - 05/06/2009; 2009, c. 34, Sched. J, s. 32 - 15/12/2009 2013, c. 19, s. 1 (1, 2)
- 21/12/2015 2018, c. 3, Sched. 5, s. 43 (3, 4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 41 (3, 4) - not in force