Toronto Catholic Elementary Schools Stability and Good Will Promotion Act, 2003 Kennedy, Gerard — Bill 61 (37th Parliament, 4th Session)

Bill 61, 37-4

Ontario — Bills

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Bill 61, Toronto Catholic Elementary Schools Stability and Good Will Promotion Act, 2003

Kennedy, Gerard

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[37] Bill 61 Original (PDF)

Bill 61 2003

An Act to promote

stability and good will

in Toronto Catholic

elementary schools

Preamble

Catholic District School Board have reached an impasse in bargaining and a

lock-out is underway at the board's elementary schools. This disruption is

hurting the education of a great many pupils, their parents and the general

community. This dispute must be resolved without further lost instructional

time. To achieve this, means must be found for the fair settlement of a

collective agreement that meets the requirements set out in the Education

Act and the regulations under it.

Therefore, Her Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

TORONTO CATHOLIC DISTRICT SCHOOL BOARD

- ELEMENTARY

Interpretation and Application

Interpretation and application of

Part

(1) In this Part,

Association; ("agent négociateur")

"bargaining unit" means the teachers' bargaining unit, as defined in

section 277.1 of the Education Act , composed of every

Part X.1

teacher, other than occasional teachers, who is employed by the Toronto

Catholic District School Board and is assigned to one or more elementary

schools or to perform duties in respect of such schools all or most of the

time; ("unité de négociation")

"board" means the Toronto Catholic District School Board; ("conseil")

"Commission" means the Education Relations Commission as defined in

section 57.2 of the Education Act ; ("Commission")

"new collective agreement" means a collective agreement that,

(

a) is executed after this

Part comes into force, and

(

b) expires on August 31, 2004; ("nouvelle convention collective")

"parties" means the bargaining agent that represents members of the

bargaining unit and the board that employs those members; ("parties")

"strike" means "strike" as defined in subsection 277.2 (4) of the

Education Act ; ("grève")

"teacher" means a

Part X.1 teacher as defined in

section 277.1 of the

Education Act . ("enseignant")

Interpretation

(2) For the purposes of this Part, the bargaining agent shall

be deemed to be a trade union within the meaning of the Labour Relations

Act, 1995 .

Expressions relating to education

(3) Expressions in this Part relating to education have the

same meaning as in the Education Act , unless the context requires

otherwise.

Expressions relating to labour relations

(4) Expressions in this Part relating to labour relations have

the same meaning as in the Labour Relations Act, 1995 , unless the

context requires otherwise.

Application of this Part

(5) Sections 3 to 20 of this Part do not apply if a collective

agreement relating to the bargaining unit having an expiry date of August 31,

2004 is executed by the parties before the day on which this

Part comes into

force.

Application of Education Act

(1) Except as modified by this

Act, the Education Act , including

section 277.2 of that Act, applies

to the board, the bargaining agent and the members of the bargaining

unit.

Conflict

(2) In case of conflict between this Act and the Education

Act , this Act prevails.

Strikes and Lock-Outs

Termination of lock-out

(1) As soon as this

Part comes

into force, the board shall terminate any lock-out of members of the

bargaining unit that is in effect immediately before this

Part comes into

force.

Normal operations

(2) The board shall resume the normal operation of the schools

in which the members of the bargaining unit are employed.

Termination of strike

(3) As soon as this

Part comes into force, the bargaining agent

shall terminate any strike by members of the bargaining unit represented by

the bargaining agent that is in effect immediately before this

Part comes

into force.

Same

(4) Each member of the bargaining unit,

(

a) shall terminate any strike that is in effect immediately before this

Part comes into force; and

(

b) shall report to work and perform his or her duties.

Exception

(5) Subsection (4) does not preclude a member of the bargaining

unit from not reporting to work and performing his or her duties for reasons

of health or by mutual consent of the member and the board.

Prohibition re strike

(1) Subject to

section 6, no

member of the bargaining unit shall strike and no person or trade union shall

call or authorize or threaten to call or authorize a strike by any of the

members of the unit.

Same

(2) Subject to

section 6, no officer, official or agent of any

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

the members of the bargaining unit.

Prohibition re lock-out

(1) Subject to

section 6, the

board shall not lock out or threaten to lock out any of the members of the

bargaining unit.

Same

(2) Subject to

section 6, no officer, official or agent of the

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

members of the bargaining unit.

Strike and lock-out after new collective

agreement

6. After the parties execute a new collective

agreement relating to the bargaining unit, the Education Act ,

including

section 277.2 of that Act, governs the right of members of the unit

to strike and the right of the board to lock out members of the unit.

Offence

(1) A person, including the

board, 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 the case of a corporation or a trade union, to a fine of not more

than $25,000.

Continuing offence

(2) Each day of a contravention or a failure to comply

constitutes a separate offence.

Labour Relations Act, 1995

(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 Part.

Deeming provision re unlawful strike,

lock-out

8. 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, 1995 .

Terms of employment

9. Until a new collective agreement relating

that applied with respect to the members of the unit on the day before the

first day on which it became lawful for any member of the bargaining unit to

strike continue to apply.

Mediation-Arbitration

Mediation-arbitration notice

10. If the parties have not executed a new

collective agreement relating to the bargaining unit on or before the seventh

day after this

Part comes into force, they shall be deemed to have referred

to mediation-arbitration all matters remaining in dispute between them with

respect to the bargaining unit that may be provided for in a collective

agreement.

Appointment of board of mediation-arbitration

(1) Within seven days of the

deemed referral to mediation-arbitration as provided in

section 10, each of

the parties shall appoint to a board of mediation-arbitration a member who

has agreed to act.

Extension of time

(2) The parties by a mutual agreement in writing may extend the

period of seven days mentioned in subsection (1) for one further period of

seven days.

Failure to appoint member

(3) Where a party fails to appoint a member of a board of

mediation-arbitration within the period mentioned in subsection (1) or within

the time extended under subsection (2), the Commission, on the written

request of either of the parties, shall appoint such member.

Third member

(4) Within 10 days after the day on which the second of the

members was appointed, the two members appointed by or on behalf of the

parties shall appoint a third member who has agreed to act, and such third

member shall be the chair.

Failure to appoint third member

(5) Where the two members appointed by or on behalf of the

parties fail within 10 days after the appointment of the second of them to

agree on the third member, notice of such failure shall be given forthwith to

the Commission by the parties, the two members or either of them and the

Commission shall appoint as a third member a person who is, in the opinion of

the Commission, qualified to act.

Notice of appointment by party

(6) As soon as one of the parties appoints a member to a board

of mediation-arbitration, that party shall notify the other party and the

Commission of the name and address of the member appointed.

Notice of appointment by members

(7) As soon as the two members appoint a third member, they

shall notify the Commission of the name and address of the third member

appointed.

Vacancies

(8) If a person ceases to be a member of a board of

mediation-arbitration by reason of resignation, death or otherwise before it

has completed its work, the Commission shall appoint a member in his or her

place after consulting the party whose point of view was represented by such

person.

Replacement of member

(9) If, in the opinion of the Commission, a member of a board

of mediation-arbitration has failed to enter on or to carry on his or her

duties so as to enable it to render a decision within the time set out in

subsection 16 (1) or within the time extended under subsection 16 (2), the

Commission may appoint a member in his or her place after consulting the

party whose point of view was represented by such person.

Replacement of chair

(10) If the chair of a board of mediation-arbitration is unable

to enter on or to carry on his or her duties so as to enable it to render a

decision within the time set out in subsection 16 (1) or within the time

extended under subsection 16 (2), the Commission may appoint a person to act

as chair in his or her place.

Certain persons prohibited as members

(11) No person shall be appointed a member of a board of

mediation-arbitration under this Act who has any pecuniary interest in the

matters coming before it or who is acting or has, within a period of six

months preceding the date of his or her appointment, acted as solicitor,

counsel or agent of either of the parties.

Time and place of hearings

(12) The chair of the board of mediation-arbitration shall fix

the time and place of the first or any subsequent hearing and shall give

notice thereof to the Commission and the Commission shall notify the parties

and the members of the board of mediation-arbitration thereof.

Failure of member to attend

(13) Where a member of a board of mediation-arbitration

appointed by a party or by the Commission is unable to attend the first

hearing at the time and place fixed by the chair, the party shall, on the

request in writing of the chair, appoint a new member in place of such member

and where such appointment is not made within five days of the date of the

request, the Commission shall, on the written request of the chair, appoint a

new member in place of such member.

Order to expedite proceedings

(14) Where a board of mediation-arbitration has been

established, the chair shall keep the Commission advised of the progress of

the arbitration and where the Commission is advised that the board has failed

to render a decision within the time set out in subsection 16 (1) or within

the time extended under subsection 16 (2), the Commission may, after

consulting the parties and the board, issue whatever order it considers

necessary in the circumstances to ensure that a decision will be rendered

within a reasonable time.

Decision

(15) The decision of a majority of the members of a board of

mediation-arbitration is the decision of the board of mediation-arbitration,

but, if there is no majority, the decision of the chair is the decision of

the board of mediation-arbitration.

Powe

Document details

Collection	Ontario — Bills
Citation	Bill 61, 37-4
Type	bill
Volume / chapter	p37 s4 bill 61 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9d285ccf38f1553e9eac5f4996c0ac512c2bba3e

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