Fairness in First Contracts and the Right to Representation Act, 2017 Forster, Cindy — Bill 119 (41st Parliament, 2nd Session)

Bill 119, 41-2

Ontario — Bills

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Bill 119, Fairness in First Contracts and the Right to Representation Act, 2017

Forster, Cindy

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Acts affected

Original

[41] Bill 119 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Labour Relations Act, 1995 as

follows:

1. The

Act currently provides that trade unions in the construction industry may elect

to have applications for certification dealt with without a vote. The Act is

amended to extend this option to all trade unions.

2. Currently,

parties who are unable to enter into a first collective agreement may apply to

the Ontario Labour Relations Board to direct the settlement of a first

collective agreement by arbitration. The Act is amended to provide that as an

alternative, either party may request first agreement arbitration by contacting

the Minister. The Minister shall refer the matter to a board of arbitration if

certain conditions are met.

Bill 119 2017

Act to amend the Labour Relations Act, 1995

Her

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

Province of Ontario, enacts as follows:

The Labour Relations Act, 1995 is amended by adding

the following section:

Election,

certification without a vote

10.1

(1) A

trade union applying for certification as bargaining agent of the employees of

an employer may elect to have its application dealt with under this

section

rather than under

section 8.

Procedure

(2) Subsections

128.1 (2) to (12) and (14) to (17) apply to an application dealt with under

this section.

Board

to certify trade union

(3) If

the Board is satisfied that more than 55 per cent of the employees in the

bargaining unit are members of the trade union on the date the application is

filed, it shall certify the trade union as the bargaining agent of the

employees in the bargaining unit.

Non-application

of certain provisions

(4) Sections

8, 8.1 and 10 do not apply in respect of an application dealt with under this

section.

Determining

bargaining unit

(5) Section

9 applies with necessary modifications to determinations made under this

section.

Transition

(6) This

section applies in respect of applications made on or after the day on which

the Fairness in First Contracts and the Right to

Representation Act, 2017 comes into force.

Subsection 11 (3) of the Act is amended by striking out "section 8.1" and

substituting "section 8.1 or 10.1".

Subsection 12 (3) of the Act is amended by striking out "sections 7, 8 and" and

substituting "sections 7, 8, 10.1 and".

(1) Subsection 43 (1) of the Act is repealed and the following

substituted:

First

agreement arbitration

(1) The

first collective agreement between parties shall be settled by arbitration in

accordance with this

section if,

(

a) the

Minister refers the matter to first agreement arbitration in the circumstances

described in subsection (1.2); or

(

b) the

Board directs first agreement arbitration after receiving an application under

subsection (1.3).

Initiation

(1.1) For

the purposes of this section, first agreement arbitration is initiated on the

day on which the Minister makes a referral described in clause (1) (

a) or the

day on which the Board makes a direction described in clause (1) (b).

Arbitration

on request to Minister

(1.2) A

party may make a request to the Minister for first agreement arbitration and

the Minister shall immediately refer the matter to a board of arbitration if

the following conditions are met and shall notify the parties of the referral:

1. Thirty

days have elapsed since the day on which it became lawful for the employees to

strike and the employer to lock out employees.

2. The

parties have been unable to enter into a first collective agreement.

Arbitration

on application to Board

(1.3) A

party may apply to the Board for first agreement arbitration if,

(

a) the

Minister has released,

(

i) a

notice that it is not considered advisable to appoint a conciliation board, or

(ii) the

report of a conciliation board; and

(

b) the

parties have been unable to enter into a first collective agreement.

Proposed

collective agreement

(1.4) The

party seeking first agreement arbitration shall include with the request or

application a copy of a proposed collective agreement which the party is

prepared to execute and shall provide a copy of it to the other party.

Same,

other party

(1.5) Within

10 days after receiving the copy of the proposed collective agreement, the

other party shall file with the Minister or the Board, as the case may be, a

copy of a proposed collective agreement which that party is prepared to

execute.

Board

of arbitration to settle agreement

(1.6) Subject

to subsection (3), if first agreement arbitration is initiated, a board of

arbitration composed of three members shall settle the first collective

agreement between the parties and the following rules apply:

1. Each

party shall appoint one member of the board of arbitration within 10 days after

first agreement arbitration is initiated and shall inform the other party of

its appointee. The appointees shall, within five days of the appointment of the

second of them, appoint a third person who shall be the chair.

2. If

a party fails to make an appointment as required by paragraph 1 or if the

appointees fail to agree on a chair within the time limited, the appointment

shall be made by the Minister on the request of either party.

3. The

chair appointed under paragraph 1 or 2 shall promptly provide to the Minister

or the Board, as the case may be, the name and contact information of each

member of the board of arbitration.

4. The

Minister or the Board, as the case may be, shall provide the chair of the board

of arbitration with a copy of the proposed collective agreements included with

the request or application under subsection (1.4) and filed under subsection

(1.5).

5. The

parties may agree that the board of arbitration shall settle the first

collective agreement by final offer selection.

(2) Subsection

43 (2) of the Act is amended by striking out "subsection (1)" in the portion

before clause (

a) and substituting "subsection (1.3)".

(3) Subsections

43 (6) and (7) of the Act are repealed.

(4) Subsection

43 (14) of the Act is amended by striking out the portion before clause (

a) and

substituting the following:

Effect

of direction on strike or lock-out

(14) The

employees in the bargaining unit shall not strike and the employer shall not lock

out the employees where first agreement arbitration has been initiated and,

where first agreement arbitration has been initiated during a strike by, or a

lock-out of, employees in the bargaining unit, the employees shall forthwith

terminate the strike or the employer shall forthwith terminate the lock-out and

the employer shall forthwith reinstate the employees in the bargaining unit in

the employment they had at the time the strike or lock-out commenced,

. . . .

(5) Subsection

43 (16) of the Act is repealed and the following substituted:

Working

conditions not to be altered

(16) Where

first agreement arbitration has been initiated, the rates of wages and all

of the employer, the employees and the trade union in effect at the time notice

was given under

section 16 shall continue in effect, or, if altered before the

initiation of first agreement arbitration, shall be restored and continued in

effect until the first collective agreement is settled.

(6) Subsection

43 (19) of the Act is amended by striking out "the day that the Board may fix,

but not earlier" and substituting "the day that the board of arbitration or the

Board, as the case may be, may fix, but not earlier".

(7) Clause

43 (23.1) (

a) of the Act is amended by striking out "subsection (1)" and

substituting "subsection (1.3)".

(8) Clause

43 (23.1) (

b) of the Act is amended by striking out "subsection (1)" and

substituting "subsection (1.3)".

(9) Subsections

43 (23.2), (23.3), (23.4) and (23.5) of the Act are repealed and the following

substituted:

Procedure

in dealing with multiple applications

(23.2) The

Board shall proceed to deal or continue to deal with the application under

subsection (1.3) before dealing with the decertification application or

displacement application, as the case may be.

When

application under subs. (1.3) granted

(23.3) If

the Board grants the application under subsection (1.3), it shall dismiss the

decertification application or displacement application.

When

application under subs. (1.3) dismissed

(23.4) If

the Board dismisses the application under subsection (1.3), it shall proceed to

deal with the decertification application or displacement application.

Transition,

multiple applications

(23.5) Subsections

(23.2) to (23.4) apply with respect to an application referred to in those

subsections that was filed with the Board before the day on which the Fairness in First Contracts and the Right to Representation Act,

2017 received Royal Assent only if the Board has not made a final

decision on that application before that day.

(10) Section

43 of the Act is amended by adding the following subsections:

When

Minister refers matter to board of arbitration

(23.6) A

decertification application or displacement application is of no effect if it

is filed with the Board after first agreement arbitration is initiated under

subsection (1.2) unless the application is brought after the first collective

agreement is settled and it meets the requirements set out in this Act with

respect to the application.

Transition

(23.7) If

an application for first agreement arbitration has been made to the Board

before the day on which the Fairness in First Contracts

and the Right to Representation Act, 2017 came into force and the Board

has not made a final decision on that application before that day,

(

a) the

application shall be dealt with and disposed of by the Board under subsection

(2);

(

b) paragraph

4 of subsection (1.6) does not apply; and

(

c) no

further requests or applications under this

section shall be made until the

Board has made a final decision on the application.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Fairness in First

Contracts and the Right to Representation Act, 2017 .

Date Bill stage Activity Committee

April 4, 2017

First Reading

Carried

Debates and Progress

First Reading

April 4, 2017

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 119

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Labour Relations Act, 1995

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 119, 41-2
Type	bill
Volume / chapter	p41 s2 bill 119 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	7c62036c4aac9017fe579cff699c1c2e974996ae

Source file is stored in the law ingest library (html).