Board’s mandate re inclusion of terms
4. (1) When engaging in collective bargaining for a collective agreement that would apply during the restraint period, each board has a mandate to negotiate for collective agreements that include the following terms and are not inconsistent with those terms: 1. In respect of a collective agreement between a board and a designated bargaining agent for a teachers’ bargaining unit, as those terms are defined in subsection 277.1 (1) of the Education Act, represented by the Ontario English Catholic Teachers’ Association, the terms set out in the “Memorandum of Understanding between the Ministry of Education and the Ontario English Catholic Teachers’ Association (OECTA)”, dated July 5th, 2012, subject to any prescribed modifications and replacements. 2. In respect of a collective agreement between a board and any other employee bargaining agent, i. if the employee bargaining agent enters into a Memorandum of Understanding with the Ministry of Education on or before August 31, 2012 that is substantially similar in all relevant aspects to the Memorandum of Understanding referred to in paragraph 1, A. terms that are substantially similar in all relevant aspects to the terms set out in its Memorandum of Understanding, subject to any prescribed modifications and replacements, and B. any prescribed terms, or ii. if the employee bargaining agent does not enter into a Memorandum of Understanding described in subparagraph i, A. terms that are substantively identical in all relevant aspects to the terms set out in the Memorandum of Understanding referred to in paragraph 1, subject to any prescribed modifications and replacements, and B. any prescribed terms. 3. Any terms that may be prescribed as terms that are to be included in every collective agreement. 2012, c. 11, s. 4 (1). Prescribed terms, modifications, replacements (2) If a term, or a modification to or replacement of a term, is prescribed for the purposes of subsection (1), the term, modification or replacement applies, as of the day specified in the regulation, to, (a) any requirement under this Act respecting whether a collective agreement includes the terms described in subsection (1) or is inconsistent with those terms; and (b) any requirement under this Act respecting whether a term or condition of employment is inconsistent with the terms described in subsection (1). 2012, c. 11, s. 4 (2). Same (3) A collective agreement is inconsistent with the terms described in subsection (1) if it includes terms that change, nullify or limit the operation of a term that is applicable under subsection (1) to the collective agreement. 2012, c. 11, s. 4 (3). Same (4) A term or condition of employment applicable to an employee who is represented by an employee bargaining agent is inconsistent with the terms described in subsection (1) if it changes, nullifies or limits the operation of a term that is applicable under subsection (1) to a collective agreement that applies or would apply to the employees represented by the employee bargaining agent. 2012, c. 11, s. 4 (4). Terms re collective bargaining (5) The collective bargaining process for a collective agreement that would apply during the restraint period shall be subject to the terms respecting the process, if any, that are contained in the applicable Memorandum of Understanding. 2012, c. 11, s. 4 (5). Unlawful strike or lock-out (6) If a Memorandum of Understanding includes terms prohibiting strikes or lock-outs, any strike or lock-out in contravention of those terms is deemed to be an unlawful strike or lock-out for the purposes of the Labour Relations Act, 1995. 2012, c. 11, s. 4 (6).