DriveTest Labour Dispute Resolution Act, 2009 Wilson, Jim — Bill 225 (39th Parliament, 1st Session)

Bill 225, 39-1

Ontario — Bills

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Bill 225, DriveTest Labour Dispute Resolution Act, 2009

Wilson, Jim

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[39] Bill 225 Original (PDF)

Bill 225 2009

An Act to resolve the labour dispute between DriveTest and

United Steelworkers, Local 9511

Preamble

DriveTest

and United Steelworkers, Local 9511 were parties to a collective agreement that

has expired. The union has been on strike since August 23, 2009.

The

parties have engaged in collective bargaining for a new collective agreement,

but have failed to resolve their dispute. Negotiations have reached an impasse

and the parties are clearly deadlocked.

The

employer is the only body that conducts the examinations that applicants must

pass in order to obtain a driver's licence under the Highway Traffic Act . As a result, no

applicants have been able to obtain driver's licences during the strike and the

economy of the Province has been disrupted. The public interest and welfare

requires that a dispute resolution mechanism be provided to settle all matters

in dispute between the parties.

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,

"arbitrator"

means an arbitrator appointed under

section 10 for the purposes of this Act;

("arbitre")

"bargaining

agent" means the United Steelworkers, Local 9511; ("agent négociateur")

"employees" means the employees of the employer who are represented by

the bargaining agent; ("employés")

"employer" means Serco DES Inc. carrying on business as DriveTest;

("employeur")

"Minister" means the Minister of Labour; ("ministre")

"new collective agreement" means a collective agreement executed after

the day this Act receives Royal Assent that applies to the employees in the

bargaining unit represented by the bargaining agent; ("nouvelle convention

collective")

"parties", when used in relation to a dispute between the employer and

the bargaining agent, means the employer and the bargaining agent. ("parties")

Labour relations expressions

(2) Expressions

used in this Act have the same meaning as in the Labour

Relations Act, 1995 , unless the context requires otherwise.

Application of Act

(1) This

Act applies to the employer, the bargaining agent and the employees that the

bargaining agent represents if the employer and the bargaining agent have not

executed a collective agreement after November 23, 2009 and before the day on

which this Act receives Royal Assent.

Application of Labour Relations Act, 1995

(2) Except as modified by this Act, the Labour Relations Act, 1995 applies to the employer, the

bargaining agent and the employees.

Conflict

(3) In the event of a conflict between this Act and the Labour Relations Act, 1995 , this Act prevails.

Strikes and Lock-outs

Termination of lock-out

(1) As

soon as this Act receives Royal Assent, the employer shall,

(

a) terminate

any lock-out of employees that is in effect immediately before this Act

receives Royal Assent; and

(

b) operate

and continue to operate its undertakings.

Termination of strike

(2) As soon as this Act receives Royal Assent, the

bargaining agent shall terminate any strike by employees that it represents

that is in effect immediately before this Act receives Royal Assent.

Same

(3) As soon as this Act receives Royal Assent, each

employee shall terminate any strike 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

(4) Subsection (3) does not preclude an employee from not

reporting to work and performing his or her duties for reasons of his or her

ill health or by mutual consent of the employee and the employer.

Prohibition re strike

(1) Subject

section 6, no employee shall strike and no person or trade union shall call

or authorize or threaten to call or authorize a strike by any employees.

Same

(2) Subject to

section 6, no officer, official or agent of

a trade union shall counsel, procure, support or encourage a strike by any

employees.

Prohibition re lock-out

(1) Subject

section 6, the employer shall not lock out or threaten to lock out any

employees.

Same

(2) Subject to

section 6, no officer, official or agent of

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

employees.

Strike or lock-out after new collective agreement

6. After

a new collective agreement with respect to the employees in the bargaining unit

represented by the bargaining agent is executed by the parties, the Labour

Relations Act, 1995 governs the right of those employees to strike and the

right of the employer to lock out those employees.

Deeming provision: unlawful strike or lock-out

7. A

strike or lock-out in contravention of

section 3, 4 or 5 shall be deemed to be

an unlawful strike or lock-out for the purposes of the Labour Relations Act,

Offence

(1) A

person, including the employer, or a trade union 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 $3,000; and

(

b) in

any other case, to a fine of not more than $50,000.

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, 1995 apply, with necessary modifications, with

respect to an offence under this section.

Terms of employment

9. Until

a new collective agreement with respect to the employees in the bargaining unit

represented by the bargaining agent is executed by the parties, the terms and

conditions of employment that applied with respect to those employees on the

day before the first day on which it became lawful for any employee in the bargaining

unit to strike continue to apply.

Arbitration

Appointment of arbitrator

(1) If

the parties have not executed a new collective agreement with respect to the

employees in the bargaining unit represented by the bargaining agent, the

employer and the bargaining agent may, by unanimous agreement, appoint one

person as an arbitrator.

Mandatory appointment

(2) If no appointment is made under subsection (1) within

five days of this Act receiving Royal Assent, the Minister shall forthwith

appoint one person as an arbitrator and notify the parties of the name and

address of the person appointed.

Replacement

(3) If an arbitrator appointed under this

section is

unable or unwilling to perform his or her duties so as to make an award, the

Minister shall forthwith appoint a new arbitrator and the arbitration process

shall begin anew.

Minister's power

(4) In making an appointment under this section, the

Minister may appoint as an arbitrator a person who the Minister considers

appropriate.

No review

(5) It is conclusively presumed that the appointment of an

arbitrator made under this

section is properly made, and no application shall

be made to question the appointment or to prohibit or restrain any of the

arbitrator's proceedings.

Notice, matters agreed on

(1) As

soon as possible after the arbitrator is appointed, but in any event no later

than seven days after the appointment, the parties shall give the arbitrator

written notice of the matters on which they reached agreement before the

appointment.

Same

(2) The parties may at any time give the arbitrator

written notice of the matters on which they reach agreement after the

appointment of an arbitrator.

Arbitration

(1) Immediately

on giving the notice under subsection 11 (1), the parties shall be deemed to

have referred to the arbitrator, with respect to the bargaining unit for which

no new collective agreement has been executed, all matters remaining in dispute

that may be provided for in that collective agreement.

Jurisdiction of arbitrator

(2) The arbitrator has exclusive jurisdiction to determine

all matters that the arbitrator considers necessary to conclude a new

collective agreement with respect to the employees in the bargaining unit.

Same

(3) The arbitrator remains seized of and may deal with all

matters within the arbitrator's jurisdiction until the new collective agreement

with respect to the employees in the bargaining unit is executed.

Notice of matters in dispute

(4) Within seven days after beginning the arbitration or

within a greater time period that the Minister specifies, the arbitrator shall

determine which matters remain in dispute and give written notice of the

determination to the parties.

Duty to submit final offer

(5) Within the time and in the manner that the arbitrator

specifies, each of the parties shall submit to the arbitrator a final offer in

respect of the matters remaining in dispute, as specified in the notice

mentioned in subsection (4), and proposed wording for a new collective

agreement to implement the offer.

Time limits

(6) The arbitrator shall make all awards under this Act

within 60 days after receiving the notice under subsection 11 (1).

Extensions

(7) The Minister may extend the time period specified in

subsection (6) either before or after it expires.

New collective agreement concluded by parties

(8) If the parties execute a new collective agreement with

respect to the employees in the bargaining unit, they shall notify the

arbitrator of the fact and the arbitration proceeding with respect to the

bargaining unit is thereby terminated.

Procedure

13. The

arbitrator shall determine the procedure for the arbitration proceeding but

shall permit the parties to present evidence and make submissions.

Powers of arbitrator

14. (1) Clauses

48 (12) (

a) to (

i) of the Labour Relations Act, 1995 apply, with necessary

modifications, to proceedings of the arbitrator and to his or her decisions.

Non-application of certain Acts

(2) The Arbitration Act, 1991 and the Statutory Powers

Procedure Act do not apply to proceedings of the arbitrator or to his or her

decisions.

Award of arbitrator

(1) An

award by the arbitrator under this Act with respect to the employees in the

bargaining unit represented by the bargaining agent shall address all the

matters that the arbitrator considers necessary to conclude a new collective

agreement with respect to those employees.

Criteria

(2) In making an award, the arbitrator shall take into

consideration all factors that he or she considers relevant, including the

following criteria:

1. The

employer's ability to pay in light of its fiscal situation.

2. The

extent to which services may have to be reduced, in light of the award, if

current taxation levels are not increased.

3. The

economic situation in Ontario.

4. A

comparison, as between the employees and comparable employees in the public and

private sectors, of the nature of the work performed and of the terms and

conditions of employment.

5. The

employer's ability to attract and retain qualified employees.

6. The

purposes of the Public

Sector Dispute Resolution Act, 1997 .

Expiry of new collective agreement

(3) Each award shall specify that the new collective

agreement expires on December 31, 2011.

Retroactive alteration of terms of employment

(4) Nothing in

section 9 precludes the arbitrator from

making an award that provides for the retroactive alteration of one or more

Effect of award

16. An

award of an arbitrator under this Act relating to a new collective agreement

with respect to the employees in the bargaining unit represented by the

bargaining agent is final and binding on the parties and on those employees.

Costs

17. The

employer sha

Document details

Collection	Ontario — Bills
Citation	Bill 225, 39-1
Type	bill
Volume / chapter	p39 s1 bill 225 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3d38a78ea10ecc663fbbdee9b79df0f5e1a061a3

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