Protecting the School Year Act, 2015 Flynn, Hon. Kevin Daniel Minister of Labour — Bill 103 (41st Parliament, 1st Session)

Bill 103, 41-1

Ontario — Bills

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Bill 103, Protecting the School Year Act, 2015

Flynn, Hon. Kevin Daniel Minister of Labour

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[41] Bill 103 Royal Assent (PDF)

Bill 103 2015

Act to resolve labour disputes between the Durham District School Board,

Rainbow District School Board and Peel District School Board, and the Ontario Secondary

School Teachers’ Federation

Preamble

The

Durham District School Board, Rainbow District School Board and Peel District

School Board, and the Ontario Secondary School Teachers’ Federation are parties

to collective agreements that have expired. Pursuant to the collective

bargaining regime established by the School Boards

Collective Bargaining Act, 2014 , the parties have engaged in local

bargaining, including conciliation with the assistance of Ministry of Labour

staff, but have failed to resolve their disputes. Continuing efforts by

the Ministry of Labour to assist the parties in resolving their differences

have proved unsuccessful. Negotiations have reached an impasse, the

parties are clearly deadlocked and strikes commenced on April 20, 27 and May 4,

Continuation

of these strikes gives rise to serious adverse impacts for students and their

families. The education of over 70,000 students has been disrupted.

The Education Relations Commission has advised that continuation of the strikes

will place in jeopardy the successful completion of courses of study by the

affected students. Having regard to these serious concerns and the clear

deadlock in negotiations, the public interest requires an exceptional and

temporary solution so that the matters in dispute may be resolved through

mediation-arbitration, and the affected students can return to school and

resume their courses of study.

Therefore,

her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Interpretation and

Application

Definitions

(1) In this Act,

“bargaining

agent” means the Ontario Secondary School Teachers’ Federation; (“agent

négociateur”)

“employees” means the employees of a listed employer who

are represented by the bargaining agent and included in a listed bargaining

unit; (“ employés ”)

“listed bargaining unit” means any of the following:

1. In relation to the Durham

District School Board, the bargaining unit composed of every teacher, other

than occasional teachers, who is employed by the Durham District School Board

and is assigned to one or more secondary schools or to perform duties in

respect of such schools all or most of the time.

2. In relation to the Durham

District School Board, the bargaining unit composed of every teacher who is an

occasional teacher and who is on the Board’s roster of occasional teachers who

may be assigned to a secondary school.

3. In relation to the Peel

District School Board, the bargaining unit composed of every teacher, other

than occasional teachers, who is employed by the Peel District School Board and

is assigned to one or more secondary schools or to perform duties in respect of

such schools all or most of the time.

4. In relation to the Peel

District School Board, the bargaining unit composed of every teacher who is an

occasional teacher and who is on the Board’s roster of occasional teachers who

may be assigned to a secondary school.

5. In relation to the Rainbow

District School Board, the bargaining unit composed of every teacher, other

than occasional teachers, who is employed by the Rainbow District School Board

and is assigned to one or more secondary schools or to perform duties in

respect of such schools all or most of the time.

6. In relation to the Rainbow

District School Board, the bargaining unit composed of every teacher who is an

occasional teacher and who is on the Board’s roster of occasional teachers who

may be assigned to a secondary school; (“ unité de négociation

désignée ”)

“listed employer” means any of the following:

1. Durham District School Board.

2. Peel District School Board.

3. Rainbow District School

Board; (“employeur désigné”)

“Minister” means the Minister of Labour; (“ministre”)

“parties”, when used in relation to a dispute, a

mediation-arbitration proceeding dealing with the dispute or a memorandum of

settlement of local terms, means the listed employer and the bargaining agent.

(“ parties ”)

Interpretation

(2) Expressions used in this Act

have the same meaning as in the School Boards Collective

Bargaining Act, 2014 , unless the context requires otherwise.

Application

of Act

(1) This Act applies to a listed employer, the

bargaining agent and the employees in a listed bargaining unit if the employer

and the bargaining agent have not ratified a memorandum of settlement of local

terms on or after the day this Act receives First

Reading and before the day this Act receives Royal Assent with respect to that

unit.

Application

of School Boards Collective Bargaining Act, 2014

(2) Except as modified by this

Act, the School Boards Collective Bargaining Act, 2014

applies to a listed employer, the bargaining agent and the employees.

Conflict

(3) In the event of a conflict

between this Act and the School Boards Collective

Bargaining Act, 2014 , this Act prevails.

Strikes and Lock-outs

Duties

of listed employer and bargaining agent

Operation

of undertakings

(1) As soon as this Act receives Royal Assent,

a listed employer shall use all reasonable efforts to operate and continue to

operate its undertakings, including any operations interrupted during any

lock-out or strike in respect of local bargaining that is in effect immediately

before this Act receives Royal Assent.

Termination

of lock-out

(2) As soon as this Act receives

Royal Assent, a listed employer shall terminate any lock-out of employees in

respect of local bargaining that is in effect immediately before this Act

receives Royal Assent.

Termination

of strike

(3) As soon as this Act receives

Royal Assent, the bargaining agent shall terminate any strike by employees in

respect of local bargaining that is in effect immediately before this Act

receives Royal Assent.

Same

(4) As soon as this Act receives

Royal Assent, each employee shall terminate any strike in respect of local

bargaining that is in effect before this Act receives Royal Assent and shall,

without delay, resume the performance of the duties of his or her employment or

shall continue performing them, as the case may be.

Exception

(5) Subsection (4) does not

preclude an employee from not reporting to work and performing his or her

duties for reasons of health or by mutual consent of the employee and the

listed employer.

Prohibition

re strike — local bargaining

(1) Subject to subsection 6 (2), no employee

shall strike and no person or bargaining agent shall call or authorize or

threaten to call or authorize a strike by any employees in respect of local

bargaining.

Same

(2) Subject to subsection 6 (2),

no officer, official or agent of the bargaining agent shall counsel, procure,

support or encourage a strike by any employees in respect of local bargaining.

Prohibition

re strike — central bargaining

(3) No employee shall strike and

no person or bargaining agent shall call or authorize or threaten to call or

authorize a strike by any employees in respect of central bargaining for the

remainder of the 2014-2015 school year.

Same

(4) No officer, official or agent

of the bargaining agent shall counsel, procure, support or encourage a strike

by any employees in respect of central bargaining for the remainder of the

2014-2015 school year.

Prohibition

re lock-out — local bargaining

(1) Subject to subsection 6 (2), a listed

employer shall not lock out or threaten to lock out any employees in respect of

local bargaining.

Same

(2) Subject to subsection 6 (2),

no officer, official or agent of a listed employer shall counsel, procure,

support or encourage a lock-out of any employees in respect of local

bargaining.

Prohibition

re lock out — central bargaining

(3) A listed employer shall not

lock out or threaten to lock out any employees in respect of central bargaining

for the remainder of the 2014-2015 school year.

Same

(4) No officer, official or agent

of a listed employer shall counsel, procure, support or encourage a lock-out of

any employees in respect of central bargaining for the remainder of the

2014-2015 school year.

Strike

or lock-out after memorandum of settlement of local terms

(1) Subject to subsection (2), after a

memorandum of settlement of local terms with respect to a listed bargaining

unit is ratified by the parties or is deemed to have been ratified under

section 17, sections 4 and 5 continue to apply in respect of those parties in

respect of local bargaining.

Strike

or lock-out after a new collective agreement

(2) After a new collective

agreement with respect to a listed bargaining unit has been ratified in

accordance with the School Boards Collective Bargaining Act, 2014 , that Act governs the right of the employees in

that unit to strike and the right of the listed employer to lock out those

employees.

Offence

(1) A person, including a listed employer, or a

bargaining agent who contravenes or fails to comply with

section 3, 4 or 5 is

guilty of an offence and on conviction is liable,

(

a) in the case of an individual, to a fine of not more than $2,000; and

(

b) in any other case, to a fine of not more than $25,000.

Continuing

offence

(2) Each day of a contravention

or failure to comply constitutes a separate offence.

Related

matters

(3) Subsection 104 (3) and

sections 105, 106 and 107 of the Labour Relations Act,

apply with necessary modifications with respect to an offence under this Act.

Deeming

provision: unlawful strike or lock-out

8. A strike or lock-out in contravention of

section 3, 4 or 5

is deemed to be an unlawful strike or lock-out for the purposes of the Labour

Relations Act, 1995 .

Terms

of employment

9. Until a memorandum of settlement of local terms has been

ratified by the parties or is deemed to have been ratified under

section 17,

the local terms that applied with respect to the employees in the listed

bargaining unit on the day before the first day on which it became lawful for

any of those employees to strike continue to apply, unless the parties agree

otherwise.

Mediation-Arbitration

Deemed

referral to arbitration

10. If this Act applies to a listed employer and the

bargaining agent in respect of a listed bargaining unit, the parties are deemed

to have referred to a board of arbitration, on the day this Act receives Royal

Assent, all matters remaining in dispute between them with respect to local

bargaining.

Appointment

of board of arbitration

(1) On or before the fifth day after this Act

receives Royal Assent, each of the parties shall appoint to a board of

arbitration a member who has agreed to act.

Extension

of time

(2) The parties by a mutual

agreement in writing may extend the period of five days mentioned in subsection

(1) for one further period of five days.

Failure

to appoint member

(3) Where a party fails to

appoint a member of a board of arbitration within the time period set out in

subsection (1) or extended under subsection (2), the Minister, upon the written

request of either of the parties, shall appoint such member.

Third

member

(4) Within 10 days after the day

on which the second of the members was appointed, the two members appointed by

or on behalf of the parties shall appoint a third member who has agreed to act,

and such third member shall be the chair.

Failure

to appoint third member

(5) Where the two members

appointed by or on behalf of the parties fail within 10 days after

Document details

Collection	Ontario — Bills
Citation	Bill 103, 41-1
Type	bill
Volume / chapter	p41 s1 bill 103 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	2b02219f6a324bb40a2e5f266d3ae233682dd88d

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