jswizzle3737/ontario_laws_and_regs huggingface dataset:
36 (1) This section applies only as provided under section 12 and only with respect to, (a)  a collective agreement between the employer of a business who sells it and a bargaining agent, if the collective agreement binds the person to whom the business is sold under subsection 69 (2) of the Labour Relations Act, 1995; (b)  if there is no collective agreement described in clause (a) when the business is sold, the first collective agreement between the person to whom the business is sold and the bargaining agent, if any, entitled under subsection 69 (3) of the Labour Relations Act, 1995 to represent the employees in the bargaining unit; and (c)  a collective agreement between an employer to whom a business is sold and a bargaining agent.  1997, c. 21, Sched. B, s. 36 (1). Mandatory rules (2) Subsections 33 (3) and (4) apply with necessary modifications with respect to a collective agreement that provides that employees have rights that depend upon their seniority.  1997, c. 21, Sched. B, s. 36 (2); 2006, c. 35, Sched. D, s. 16. Request for order (3) The person to whom the business is sold or the bargaining agent may request the Board to determine the method to be used to determine the seniority of the employees in the bargaining unit.  1997, c. 21, Sched. B, s. 36 (3). Same (4) The Board may make an order respecting the method to be used to determine seniority.  1997, c. 21, Sched. B, s. 36 (4). Presumption of dovetailing, unit wide seniority (5) Unless the Board considers it inappropriate in the circumstances, an order under subsection (4) must require that, to the extent possible, the seniority of employees must be based solely on a common definition of seniority and determined with reference to the bargaining unit as a whole and not to only a part or parts of it.  1997, c. 21, Sched. B, s. 36 (5). Order to meet (6) Without making an order under subsection (4), the Board may order the parties to meet to endeavour to reach an agreement about the method to be used to determine the seniority of the employees.  1997, c. 21, Sched. B, s. 36 (6). Application of other provisions (7) Subsections 35 (5) to (7) apply with necessary modifications with respect to a request under subsection (3).  1997, c. 21, Sched. B, s. 36 (7). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 16 - 20/12/2006 administration and enforcement
37 (1) Subject to this section, sections 110 to 118 of the Labour Relations Act, 1995 apply, with necessary modification, with respect to anything the Board does under this Act.  1997, c. 21, Sched. B, s. 37 (1). No panels (2) Where the Board is given authority to make a decision, determination or order under this Act, it shall be made, (a)  by the chair or, if the chair is absent or unable to act, by the alternate chair; or (b)  by a vice-chair selected by the chair in his or her sole discretion or, if the chair is absent or unable to act, selected by the alternate chair in his or her sole discretion.  1997, c. 21, Sched. B, s. 37 (2). Labour relations officers (3) The Board may authorize a labour relations officer to inquire into any matter that comes before it under this Act and to endeavour to settle any such matter.  1997, c. 21, Sched. B, s. 37 (3). Rules to expedite proceedings (4) The Board has, in relation to any proceedings under this Act, the same powers to make rules to expedite proceedings as the Board has under subsection 110 (18) of the Labour Relations Act, 1995.  1997, c. 21, Sched. B, s. 37 (4). Conflict with Statutory Powers Procedure Act (5) Rules made under subsection (4) apply despite anything in the Statutory Powers Procedure Act.  1997, c. 21, Sched. B, s. 37 (5). Rules not regulations (6) Rules made under subsection (4) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1997, c. 21, Sched. B, s. 37 (6); 2006, c. 21, Sched. F, s. 136 (1). Interim orders (7) The Board may make interim orders with respect to a matter that is or will be the subject of a pending or intended proceeding.  1997, c. 21, Sched. B, s. 37 (7). Timing of decisions, etc. (8) The Board shall make decisions, determinations and orders under this Act in an expeditious fashion.  1997, c. 21, Sched. B, s. 37 (8). Determinations final and binding (9) A decision, determination or order made by the Board is final and binding for all purposes.  1997, c. 21, Sched. B, s. 37 (9). Application of other provisions (10) Subsections 96 (4), (6) and (7) and sections 122 and 123 of the Labour Relations Act, 1995
apply, with necessary modifications, with respect to proceedings before the Board and its decisions, determinations and orders.  1997, c. 21, Sched. B, s. 37 (10). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 Arbitration Act, 1991 38 The Arbitration Act, 1991 does not apply with respect to a proceeding before the Board.  1997, c. 21, Sched. B, s. 38. General
38 The Arbitration Act, 1991 does not apply with respect to a proceeding before the Board.  1997, c. 21, Sched. B, s. 38. General
39 (1) In the event of a conflict or inconsistency between this Act or a regulation made under this Act and any other Act, this Act or the regulation prevails.  1997, c. 21, Sched. B, s. 39 (1). Same, hospital sector (2) In the event of a conflict between this Act and a human resource plan agreed upon by an employer and a bargaining agent, the plan prevails except in the following circumstances and respects: 1.  Section 33 of this Act prevails over a plan. That section does not prevail over a plan that is agreed upon before this subsection comes into force. However, that section prevails over such a plan if the plan is amended on or after the date this subsection comes into force. 2.  Repealed:  2006, c. 35, Sched. D, s. 17. 3.  A plan does not prevail over this Act in such circumstances as may be prescribed. It does not prevail over such provisions of this Act as may be prescribed.  1997, c. 21, Sched. B, s. 39 (2); 2006, c. 35, Sched. D, s. 17. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 17 - 20/12/2006