Colleges Collective Bargaining Act, 2008 Milloy, Hon. John Minister of Training, Colleges and Universities — Bill 90 (39th Parliament, 1st Session)

Bill 90, 39-1

Ontario — Bills

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Bill 90, Colleges Collective Bargaining Act, 2008

Milloy, Hon. John Minister of Training, Colleges and Universities

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[39] Bill 90 Royal Assent (PDF)

Bill 90 2008

An Act to enact

the Colleges Collective Bargaining Act, 2008, to repeal the Colleges Collective

Bargaining Act and to make related amendments to other Acts

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History on www.e-Laws.gov.on.ca .

CONTENTS

PART I

INTERPRETATION AND APPLICATION

Definitions

Collective

negotiations under Act

PART II

COLLECTIVE BARGAINING

Notice

of desire to negotiate

Obligation

to negotiate

Appointment

of conciliation officer

Appointment

of mediator

Duties

and report of conciliation officer

PART III

COLLECTIVE AGREEMENTS

General

Term

of collective agreement

Provision

against strikes and lock-outs

Notice

of execution of collective agreement

Binding

effect of collective agreement

Recognition

provision

Payment

of dues to employee organization

Arbitration under a Collective

Agreement

Arbitration

provision

Alteration of Working Conditions

Alteration

of working conditions

Conduct of Ratification Vote

Ratification

vote

PART IV

STRIKES AND LOCK-OUTS

Strike

Unlawful

strike

Unlawful

lock-out

Declarations:

unlawful strike or lock-out

Lock-out

Continuation

of employment

PART V

REPRESENTATION RIGHTS

General

Membership

in employee organization

Council

to act for employers

Bargaining Units

Bargaining

units

Application

re bargaining units

Regulations,

bargaining units

Consequences,

regulation re bargaining units

Establishment of Bargaining Rights

Application

for certification

Representation

vote

Disagreement

by Council with employee organization's estimate

Certification

after representation vote

Remedy

if contravention by Council, etc.

Remedy

if contravention by employee organization, etc.

Where

participation by Council or employer

Effect

of certification

Right

of access

Termination of Bargaining Rights

Application

for termination

Representation

vote

Declaration

of termination after vote

Remedy,

employer misconduct

Declaration

of abandonment

Effect

of declaration on collective agreement

Certification

obtained by fraud

Decertification

obtained by fraud

Failure

to negotiate

Termination

of bargaining rights after voluntary recognition

Timing of Applications for

Certification or Termination

Timing

PART VI

UNFAIR LABOUR PRACTICES

Persuasion

at place of work

Strike-breaking

misconduct, etc., prohibited

Reinstatement

of employee

Suspension

or quitting for cause

Interference

with employee organization prohibited

interference with bargaining rights

interference with Council

Duty

of fair representation by employee organization

Duty

of fair referral, etc., by employee organization

Causing

unlawful strike, lock-out

Refusal

to engage in unlawful strike

Protection

of witnesses' rights

Removal,

etc., of posted notices

PART VII

ENFORCEMENT

Inquiry

by labour relations officer

Contraventions

Claim

for damages after unlawful strike or lock-out where no collective agreement

Disposition

of fines

Proceedings

in Superior Court of Justice

Proceedings,

employee organizations

PART VIII

MISCELLANEOUS

Records,

membership in employee organization

Non-disclosure

Competence

of witnesses

Member

of bargaining unit

Officers,

constitution, etc.

Duty

to furnish financial statements

Representative

for service of process

Vicarious

responsibility

Arbitrations

Act, 1991

Declaration

of successor union

Powers,

operation, etc., of OLRB

Delegation

Technical

defects

Regulations

PART IX

TRANSITION

Transition

PART X

AMENDMENTS AND REPEALS

Amendments

to this Act

Repeal

of predecessor Act

Amendment

to Employment Standards Act, 2000

Amendment

to Freedom of Information and Protection of Privacy Act

Amendments

to Ontario Colleges of Applied Arts and Technology Act, 2002

PART XI

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

Schedule 1

___________

Her

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

Province of Ontario, enacts as follows:

PART I

INTERPRETATION AND APPLICATION

Definitions

1. In

this Act,

"bargaining unit" means a

bargaining unit determined in accordance with sections 25, 26 and 27; ("unité

de négociation")

"collective agreement"

means a written collective agreement between the Council on behalf of the

employment negotiable under this Act; ("convention collective")

"college" means a college of applied arts and technology established

under the Ontario Colleges of Applied Arts and Technology Act, 2002; ("collège")

"Council" means the council established under clause 8 (1) (

g) of the Ontario Colleges of Applied Arts and Technology Act, 2002 ; ("Conseil")

"employee" means a person who is employed by an employer and is a member

of a bargaining unit; ("employé")

"employee organization" means a trade union within the meaning of the Labour

Relations Act, 1995; ("association d'employés")

"employer" means a college; ("employeur")

"lock-out" means the suspension of employment of, or the refusal to

assign work to, employees by an employer with the view to compelling the

cessation of a strike or preventing the resumption of a strike or with the view

to inducing or persuading the employee organization that represents the

employees to enter into or renew a collective agreement; ("lock-out")

"strike" includes a cessation of work, a refusal to work or to continue

to work by employees in combination or in concert or in accordance with a

common understanding or any concerted action or activity on the part of

employees designed to curtail, restrict, limit or interfere with the operation

or functioning of a college or colleges, including without limitation,

(

a) withdrawal

of services,

(

b) slow-down

in the performance of duties,

(

c) the

giving of notice to terminate employment; ("grève")

"vote by secret ballot" means a vote by ballots cast in such a manner

that a person expressing his or her choice cannot be identified with the choice

expressed. ("scrutin secret")

Collective negotiations under Act

(1) Collective

superannuation, of employees shall be carried out by the Council and the

employee organization.

Application of

Act

(2) This Act applies to all collective negotiations

Negotiations to be in accordance with Act

(3) No such collective negotiations shall be carried on

except in accordance with this Act.

PART

Collective Bargaining

Notice of desire to negotiate

(1) Following

certification or voluntary recognition by the Council of an employee

organization as bargaining agent of the members of a bargaining unit, the

employee organization shall give the Council written notice of its desire to

negotiate with a view to making a collective agreement.

Same

(2) Either party to a collective agreement may give

written notice to the other party, within the period of 90 days before the

agreement expires, of its desire to negotiate with the view to the renewal,

with or without modification, of the agreement then in operation.

Same

(3) Where a collective agreement exists and no party to

the agreement gives notice in accordance with this Act of its desire to

negotiate with the view to the renewal of the agreement, the agreement

continues in operation and is renewed from year to year, each time for a period

of one year, until the year, if any, in which notice is given in accordance

with subsection (2) of desire to negotiate with the view to the renewal, with

or without modification, of the agreement.

Obligation to negotiate

4. The

parties shall meet within 30 days after the giving of the notice under

section

3, and shall negotiate in good faith and make every reasonable effort to make a

collective agreement or to renew the collective agreement, as the case

requires.

Appointment of conciliation officer

(1) Where

notice has been given under

section 3, the Minister of Labour, on the request

of either party, shall appoint a conciliation officer to confer with the parties

and endeavour to effect a collective agreement.

Same, where no notice given

(2) Despite the failure of a party to give written notice

under

section 3, where the parties have met and bargained, the Minister of

Labour may, on the request of either party, appoint a conciliation officer to

confer with the parties and endeavour to effect a collective agreement.

Same, voluntary recognition

(3) Where the Council and an employee organization agree

that the Council recognizes the employee organization as the exclusive

bargaining agent of the members of a bargaining unit and the agreement is in

writing signed by the parties, the Minister of Labour may, on the request of

either party, appoint a conciliation officer to confer with the parties and

endeavour to effect a collective agreement.

Same, joint request

(4) When the Minister of Labour has appointed a conciliation

officer or mediator or both and the parties have not entered into a collective

agreement within 15 months from the last appointment, the Minister may, on the

joint request of the parties, again appoint a conciliation officer to confer

with the parties and endeavour to effect a collective agreement and, on the appointment

being made, sections 6, 7, 17 to 19, 21, 51, 52, 58 and 59 apply.

Second conciliation officer

(5) The appointment of a second conciliation officer is

not a bar to an application for certification or for a declaration that the

employee organization ceases to represent the members of the bargaining unit.

Appointment of mediator

(1) Where

the Minister of Labour is required or authorized to appoint a conciliation

officer, the Minister may, on the request in writing of the parties, appoint a

mediator selected by them jointly.

Same

(2) When the Minister appoints a mediator after a

conciliation officer has been appointed, the appointment of the conciliation

officer is terminated.

Duties and report

of conciliation officer

(1) Where

a conciliation officer is appointed, he or she shall confer with the parties

and endeavour to effect a collective agreement and he or she shall, within 14

days from his or her appointment, report the result of his or her endeavour to

the Minister of Labour.

Extension of 14-day period

(2) The period mentioned in subsection (1) may be extended

by agreement of the parties or by the Minister on the advice of the

conciliation officer that a collective agreement may be made within a

reasonable time if the period is extended.

Report to Minister

(3) The report to the Minister under subsection (1) shall

state that,

(

a) the differences between the parties concerning

the terms of a collective agreement have been settled; or

(

b) despite the efforts of the conciliation

officer, the terms of a collective agreement have not been settled.

Notice to parties

(4) The Minister shall forthwith by notice in writing,

which shall be dated, inform the parties of the report.

PART

III

COLLECTIVE AGREEMENTS

General

Term of collective agreement

(1) If

a collective agreement does not provide for its term of operation or provides

for its operat

Document details

Collection	Ontario — Bills
Citation	Bill 90, 39-1
Type	bill
Volume / chapter	p39 s1 bill 90 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	779a9680e0ced4b1a71205b64ea6956296f863a5

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