Labour Relations Amendment Act (Replacement Workers), 2009 Gélinas, France — Bill 206 (39th Parliament, 1st Session)

Bill 206, 39-1

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 206, Labour Relations Amendment Act (Replacement Workers), 2009

Gélinas, France

Please select

View bill

Status

Debates

Original

[39] Bill 206 Original (PDF)

Bill 206 2009

An Act to amend

the Labour Relations Act, 1995

Note:

This Act amends the Labour Relations Act, 1995. For the legislative history of

the Act, see the Table of Consolidated Public Statutes – Detailed Legislative

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

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Labour Relations Act, 1995 is amended

by adding the following sections:

Definitions

73.1

(1) In

this section,

"employer" means the employer whose

employees are locked out or are on strike and includes an employers'

organization or person acting on behalf of either of them; ("employeur")

"person" includes,

(

a) a person who exercises

managerial functions or is employed in a confidential capacity in matters relating

to labour relations, and

(

b) an independent contractor;

("personne")

"place of operations in respect of

which the strike or lock-out is taking place" includes any place where employees

in the bargaining unit who are on strike or who are locked out would ordinarily

perform their work. ("lieu d'exploitation à l'égard duquel la grève ou le lock-out a lieu")

Application

(2) This

section applies during any lock-out of employees

by an employer or during a lawful strike that is authorized in the following

way:

1. A strike vote was taken after

the notice of desire to bargain was given or bargaining had begun, whichever

occurred first.

2. The strike vote was conducted in

accordance with this Act.

3. At least 60 per cent of those

voting authorized the strike.

Interpretation

(3) For the purposes

of this

section and

section 73.2, a bargaining unit is considered to be,

(

a) locked out if any employees in

the bargaining unit are locked out; and

(

b) on strike if any employees in

the bargaining unit are on strike and the union has given the employer notice

in writing that the bargaining unit is on strike.

Use of bargaining

unit employees

(4) The employer shall

not use the services of an employee in the bargaining unit that is on strike or

is locked out.

Use of newly

hired employees, etc.

(5) The employer shall

not use a person described in paragraph 1 at any place of operations operated

by the employer to perform the work described in paragraph 2 or 3:

1. A person, whether the person is

paid or not, who is hired or engaged by the employer after the earlier of the

date on which the notice of desire to bargain is given and the date on which

bargaining begins.

2. The work of an employee in the

bargaining unit that is on strike or locked out.

3. The work ordinarily done by a

person who is performing the work of an employee described in paragraph 2.

Use of others at

the strike, etc., location

(6) The employer shall

not use any of the following persons to perform the work described in paragraph

2 or 3 of subsection (5) at a place of operations in respect of which the

strike or lock-out is taking place:

1. An employee or other person,

whether paid or not, who ordinarily works at another of the employer's places

of operations, other than a person who exercises managerial functions.

2. A person who exercises

managerial functions, whether paid or not, who ordinarily works at a place of

operations other than a place of operations in respect of which the strike or

lock-out is taking place.

3. An employee or other person,

whether paid or not, who is transferred to a place of operations in respect of

which the strike or lock-out is taking place, if he or she was transferred

after the earlier of the date on which the notice of desire to bargain is given

and the date on which bargaining begins.

4. A person, whether paid or not,

other than an employee of the employer or a person described in subsection 1

(3).

5. A person, whether paid or not,

who is employed, engaged or supplied to the employer by another person or

employer.

Prohibition re replacement work

(7) The employer shall not require an employee who works

at a place of operations in respect of which the strike or lock-out is taking

place to perform any work of an employee in the bargaining unit that is on

strike or is locked out without the agreement of the employee.

No reprisals

(8) No employer shall,

(

a) refuse to employ or continue to employ a person;

(

b) threaten to dismiss a person or otherwise

threaten a person;

(

c) discriminate against a person in regard to employment

or a term or condition of employment; or

(

d) intimidate or coerce or impose a pecuniary or other

penalty on a person,

because of the person's refusal to

perform any or all of the work of an employee in the bargaining unit that is on

strike or is locked out.

Burden of proof

(9) On an application or complaint relating to this

section, the burden of proof that an employer did not act contrary to this

section lies upon the employer.

Definition

73.2

(1) In

this section,

"specified

replacement worker" means a person who is described in subsection 73.1 (5) or

(6) as one who must not be used to perform the work described in paragraph 2 or

3 of subsection 73.1 (5).

Permitted use of specified

replacement workers

(2) Despite

section 73.1, specified replacement workers

may be used in the circumstances described in this

section to perform the work

of employees in the bargaining unit that is on strike or is locked out but only

to the extent necessary to enable the employer to provide the following

services:

1. Secure custody, open custody or

the temporary detention of persons under a law of Canada or of the Province of Ontario or under a court order or warrant.

2. Residential care for persons

with behavioural or emotional problems or with a disability as defined in

for Ontarians with Disabilities Act, 2005 .

3. Residential care for

children who are in need of protection as described in subsection 37 (2) of the

Child and Family Services

Act .

4. Services provided to

persons described in paragraph 2 or 3 to assist them to live outside a residential

care facility.

5. Emergency shelter or

crisis intervention services to persons described in paragraph 2 or 3.

6. Emergency shelter or

crisis intervention services to victims of violence.

7. Emergency services

relating to the investigation of allegations that a child may be in need of

protection as described in subsection 37 (2) of the Child and Family Services Act .

8. Emergency dispatch

communication services, ambulance services or a first aid clinic or station.

Same

(3) Despite

section 73.1, specified replacement workers

may also be used in the circumstances described in this

section to perform the

work of employees in the bargaining unit that is on strike or locked out, but

only to the extent necessary to enable the employer to prevent,

(

a) danger to life,

health or safety;

(

b) the destruction or

serious deterioration of machinery, equipment or premises; or

(

c) serious

environmental damage.

Notice to trade union

(4) An employer shall notify the trade union if the employer

wishes to use the services of specified replacement workers to perform the work

described in subsection (2) or (3) and shall give particulars to the type of

work, level of service and number of specified replacement workers the employer

wishes to use.

Time for giving notice

(5) The employer may notify the trade union at any time

during bargaining, but in any event, shall do so promptly after a conciliation

officer is appointed.

Same, emergency

(6) In an emergency or in circumstances which could not

reasonably have been foreseen, the employer shall notify the trade union as

soon as possible after determining that he, she or it wishes to use the

services of specified replacement workers.

Consent

(7) After receiving the employer's notice, the trade union

may consent to the use of bargaining unit employees instead of specified

replacement workers to perform some or all of the proposed work and shall

promptly notify the employer as to whether it gives its consent.

Use of bargaining unit employees

(8) The employer shall use bargaining unit employees to

perform the proposed work to the extent that the trade union has given its

consent and if the employees are willing and able to do so.

Working conditions

(9) Unless the parties agree otherwise, the terms and

conditions of employment and any rights, privileges or duties of the employer,

the trade union or the employees in effect before it became lawful for the

trade union to strike or the employer to lock out continue to apply with

respect to bargaining unit employees who perform work under subsection

(8) while they perform the work.

Priority re replacement workers

(10) No employer, employers' organization or person acting

on behalf of either shall use a specified replacement worker to perform the

work described in subsection (2) or (3), unless,

(

a) the employer has

notified the trade union that he, she or it wishes to do so;

(

b) the employer has

given the trade union reasonable opportunity to consent to the use of

bargaining unit employees instead of the specified replacement worker to

perform the proposed work; and

(

c) the trade union has

not given its consent to the use of bargaining unit employees.

Exception re emergency

(11) In an emergency, the employer may use a specified

replacement worker to perform the work described in subsection (2) or (3) for

the period of time required to give notice to the trade union and determine

whether the trade union gives its consent to the use of bargaining unit

employees.

Application for directions

(12) On application by the employer or trade union, the

Board may,

(

a) determine, during a

strike or lock-out, whether the circumstances described in subsection (2) or

(3) exist and determine the manner and extent to which the employer may use

specified replacement workers to perform the work described in those

subsections;

(

b) determine whether

the circumstances described in subsection (2) or (3) would exist if a strike or

lock-out were to occur and determine the manner and extent to which the

employer may use specified replacement workers to perform the work described in

those subsections;

(

c) give such other

directions as the Board considers appropriate.

Reconsideration

(13) On a further application by either party, the Board

may modify any determination or direction in view of a change in circumstances.

Same

(14) The Board may defer considering an application under

subsection (12) or (13) until such time as it considers appropriate.

Burden of proof

(15) In an application or a complaint relating to this

section, the burden of proof that the circumstances described in subsection

(2) or (3) exist lies upon the party alleging that they do.

Agreement re specified replacement workers

(16) The employer and the trade union may enter into an

agreement governing the use, in the event of a strike or lock-out, of striking

or locked-out employees and of specified replacement workers to perform the

work described in subsection (2) or (3).

Formal requirements

(17) An agreement under subsection (16) must be in writing

and signed by the parties or their representatives.

Same

(18) An agreement under subsection (16) may provide that

any of subsections (4) to (11) do not apply.

Term of agreement

(19) An agreement under subsection (16) expires not later

than the earlier of,

(

a) the end of the first

strike described in subsection 73.1 (2) or lock-out that ends after the parties

have entered into the agreement; or

(

b) the day on which the

parties next make or renew a collective agreement.

Prohibited circumstances

(20) The parties sh

Document details

Collection	Ontario — Bills
Citation	Bill 206, 39-1
Type	bill
Volume / chapter	p39 s1 bill 206 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	956cc037c88cac25f34b7fa4133d7f3950e195a5

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