Toronto Public Transit Service Resumption Act, 2008 Duguid, Hon. Brad Minister of Labour — Bill 66 (39th Parliament, 1st Session)

Bill 66, 39-1

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Bill 66, Toronto Public Transit Service Resumption Act, 2008

Duguid, Hon. Brad Minister of Labour

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[39] Bill 66 Royal Assent (PDF)

Bill 66 2008

An Act to resolve

labour disputes between the Toronto Transit Commission and Local 113,

Amalgamated Transit Union, Lodge 235, International Association of Machinists

and Aerospace Workers, and Canadian Union of Public Employees, Local 2

Preamble

The Toronto Transit Commission and Local 113,

Amalgamated Transit Union, Lodge 235, International Association of Machinists

and Aerospace Workers and Canadian Union of Public Employees, Local 2 were

parties to collective agreements that have expired.

The parties have engaged in collective bargaining for

new collective agreements, including conciliation and mediation with the

assistance of Ministry of Labour staff, but have failed to resolve their

disputes. Continuing efforts of 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 transit services were halted at about

12 midnight on Saturday, April 26, 2008.

The continuation of these disputes and the resulting

disruption of transit services give rise to serious public safety, environmental,

health, and economic consequences for residents of the City of Toronto. Having

regard to these serious concerns and the clear deadlock in negotiations, the

public interest requires an exceptional and temporary solution to address the

matters in dispute so that new collective agreements may be concluded and full

public transit can be restored in Toronto.

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,

"employees"

means the employees of the employer who are represented by a listed bargaining

agent; ("employés")

"employer" means the Toronto Transit Commission; ("employeur")

"listed bargaining agent" means any of the following:

1. Local 113, Amalgamated Transit Union.

2. Lodge 235, International Association of Machinists and Aerospace

Workers.

3. Canadian Union of Public Employees, Local 2; ( "agent négociateur

désigné ")

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

"new collective agreement", when used with respect to a listed

bargaining agent, means a collective agreement that,

(

a) applies

to employees represented by that listed bargaining agent, and

(

b) is

executed after the day this Act receives Royal Assent or comes into force under

subsection 19 (5); ("nouvelle convention collective")

"parties", when used in relation to a dispute, a mediation-arbitration

proceeding dealing with the dispute or a new collective agreement between the

employer and a listed bargaining agent, means the employer and that listed

bargaining agent. ("parties")

Interpretation

(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 and to a listed bargaining agent and the employees

that it represents if the employer and that listed bargaining agent have not

executed a collective agreement after March 31, 2008 and before the day 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, listed bargaining agents and 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

Duties of employer and listed bargaining agents

Operation of undertakings

(1) As

soon as this Act receives Royal Assent, the employer shall operate and continue

to operate its undertakings, including any operations interrupted during any

lock-out or strike that is in effect immediately before this Act receives Royal

Assent.

Termination of lock-out

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

shall terminate any lock-out of employees that is in effect immediately before

this Act receives Royal Assent.

Termination of strike

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

bargaining agent shall terminate any strike by employees that it represents

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 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 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 a listed bargaining agent is

executed by the parties or comes into force under subsection 19 (5), the Labour Relations Act, 1995

governs the right of the employees represented by that listed bargaining agent

to strike and the right of the employer to lock out those employees.

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 $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,

1995 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 new collective agreement with respect to a listed bargaining agent is

executed by the parties or comes into force under subsection 19 (5), the terms

and conditions of employment that applied with respect to the employees

represented by that listed bargaining agent 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 mediation-arbitration

10. If

this Act applies to the employer and a listed bargaining agent, they are deemed

to have referred to a mediator-arbitrator, on the day this Act receives Royal Assent,

all matters remaining in dispute between them with respect to the terms and

conditions of employment of the employees represented by that listed bargaining

agent.

Appointment of mediator-arbitrator

(1) On

or before the fifth day after this Act receives Royal Assent, the parties shall

jointly appoint the mediator-arbitrator referred to in

section 10 and shall

forthwith notify the Minister of the name and address of the person appointed.

Same

(2) If the parties fail to notify the Minister as subsection

(1) requires, the Minister shall forthwith appoint the mediator-arbitrator and

notify the parties of the name and address of the person appointed.

Replacement

(3) If the mediator-arbitrator is unable or unwilling to

perform his or her duties so as to make an award, the Minister shall forthwith

appoint a new mediator-arbitrator and the mediation-arbitration process shall

begin anew.

Minister's power

(4) The Minister may appoint as a mediator-arbitrator a

person who is, in the opinion of the Minister, qualified to act.

Appointment and proceedings of

mediator-arbitrator not subject to review

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

mediator-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 mediator-arbitrator's proceedings.

Jurisdiction of

mediator-arbitrator

(1) The

mediator-arbitrator has exclusive jurisdiction to determine all matters that he

or she considers necessary to conclude a new collective agreement.

Time period

(2) The mediator-arbitrator remains seized of and may deal

with all matters within his or her jurisdiction until the new collective

agreement is executed by the parties or comes into force under subsection 19

(5).

Mediation

(3) The mediator-arbitrator may try to assist the parties

to settle any matter that he or she considers necessary to conclude the new

collective agreement.

Notice, matters agreed on

(4) As soon as possible after a mediator-arbitrator is

appointed, but in any event no later than seven days after the appointment, the

parties shall give the mediator-arbitrator written notice of the matters on

which they reached agreement before the appointment.

Same

(5) The parties may at any time give the

mediator-arbitrator written notice of matters on which they reach agreement

after the appointment of a mediator-arbitrator.

Time

limits

(1) The

mediator-arbitrator shall begin the mediation-arbitration proceeding within 30

days after being appointed and shall make all awards under this Act within 90

days after being appointed, unless the proceeding is terminated under subsection

18 (2).

Extensions

(2) The parties and the mediator-arbitrator may, by

written agreement, extend a time period specified in subsection (1) either

before or after it expires.

Procedure

(1) The

mediator-arbitrator shall determine the procedure for the mediation-arbitration

but shall permit the parties to present evidence and make submissions.

Consolidation

(2) Without limiting the generality of subsection (1), a

person who is the mediator-arbitrator for more than one mediation-arbitration

proceeding under this Act may consolidate any of the proceedings or parts of

the proceedings as he or she considers advisable.

Application of s. 48 (12) (

a) to

(

i) of Labour Relations Act, 1995

(3) Clauses 48 (12) (

a) to (

i) of the Labour Relations Act, 1995

apply, with necessary modifications, to proceedings before the

mediator-arbitrator and to his or her decisions.

Exclusions

(4) The Arbitration

Act, 1991 and the Statutory Powers Procedure Act do not apply to mediation-arbitration

proceedings under this Act.

Award of mediator-arbitrator

(1) An

award by the mediator-arbitrator under this Act shall address all the matters

to be dealt with in the new collective agreement with respect to a listed

bargaining agent.

Criteria

(2) In making an award, the mediator-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 funding and taxation levels are not increa

Document details

Collection	Ontario — Bills
Citation	Bill 66, 39-1
Type	bill
Volume / chapter	p39 s1 bill 66 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5f16545915b12f7f28697d237a573fadad9fb3ad

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