Labour Relations Amendment Act (Equal Rights for Employees in Ontario), 2012 Natyshak, Taras — Bill 79 (40th Parliament, 1st Session)

Bill 79, 40-1

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Bill 79, Labour Relations Amendment Act (Equal Rights for Employees in Ontario), 2012

Natyshak, Taras

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[40] Bill 79 Original (PDF)

Bill 79 2012

Act to amend the Labour Relations Act, 1995 to provide an equal right for trade

unions to have access to certification processes and to enact other measures

with respect to employee rights

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 at 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 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 Labour Relations

Amendment Act (Equal Rights for Employees in Ontario), 2012 comes into

force.

2. Subsection

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

"section 8.1 or 10.1".

3. Subsection

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

substituting "sections 7, 8, 10.1 and".

4. The

Act is amended by adding the following section:

Just

cause requirement

73.1

(1) No

employer, employers' organization or person acting on behalf of an employer or

employers' organization shall discharge or discipline an employee without just

cause in either of the following circumstances:

1. No

first collective agreement has been entered into, but a trade union has been

certified as the employee's bargaining agent or the employer has voluntarily

recognized the trade union as the employee's bargaining agent.

2. The

trade union could engage in a lawful strike or the employer could engage in a

lawful lock-out, whether in connection with a first collective agreement or any

subsequent collective agreement.

Substitution

of penalty

(2) If the Board determines that an employer has discharged

or disciplined an employee for cause in either of the circumstances set out in

subsection (1), the Board may substitute such lesser penalty as it considers

just and reasonable in all the circumstances.

Exception

(3) If the employee is discharged during a probationary

period described in the employment contract between the employer and the

employee, the Board may apply a lesser standard for discharging the employee.

Section

80 of the Act is repealed and the following substituted:

Reinstatement

of employee after strike or lock-out

(1) If

the following conditions are met, the employer shall reinstate employees in

accordance with this section:

1. The

trade union representing the employees calls an end to a lawful strike.

2. The

trade union requests in writing that the employees who were engaged in the

lawful strike be reinstated.

3. The

employer and the trade union do not otherwise agree about the terms for

reinstating the employees.

Application

(2) This

section applies whether or not a collective

agreement has been entered into at the end of the lawful strike, and whether or

not the employer has also called or authorized a lawful lock-out.

Reinstatement

to same or similar position

(3) Subject to subsections (5) and (6), the employer shall

reinstate each employee to the position that the employee held when the strike

or lock-out began or, if no such position is available, to a similar position.

Right

to displace others

(4) Employees are entitled to displace any other persons

who were performing the work of striking employees during the strike or

lock-out, but an employee is not entitled to displace another employee in the

bargaining unit whose length of service, as determined under subsection (5), is

greater than his or hers.

Insufficient

work

(5) If there is not sufficient work for all of the employees

who were engaged in the lawful strike, the employer shall reinstate the employees

to employment in the bargaining unit as work becomes available,

(

a) if

there is a collective agreement in effect containing recall provisions that are

based on seniority, in accordance with seniority as defined in those provisions

and as determined when the strike began or the lock-out began, whichever is

earlier, in relation to other employees in the bargaining unit who were

employed at the time the strike or lock-out began; or

(

b) if

there is no collective agreement or if there are no such recall provisions, in

accordance with each employee's length of service, as determined when the

strike began or the lock-out began, whichever is earlier, in relation to other

employees in the bargaining unit who were employed at the time the strike or

lock-out began.

Exception,

starting up operations

(6) An employer is not required to reinstate employees in

accordance with subsection (5) in respect of work required to start up the

employer's operations.

discrimination

(7) In establishing terms of employment in respect of a

reinstated employee, the employer shall not discriminate against the employee

for exercising or having exercised any rights under this Act.

6. The

Act is amended by adding the following

section after the heading "Information":

Minister

to prepare poster

89.1

(1) The

Minister shall prepare and publish a poster, written in plain language in

regulations made under it as the Minister considers appropriate, and the poster

shall include information about,

(

a) the

rights of employees,

(

i) to

join a trade union of their choice and to participate in its lawful activities,

including discussing and engaging in trade union organizing, and discussing

with co-workers and with a trade union,

(ii) to

apply for certification under this Act, to sign applications for membership in

a trade union, to vote freely for trade union representatives and to bargain

collectively with employers to negotiate an agreement concerning wages,

(iii) to

engage in leafleting, picketing and strike activity as permitted by this Act;

(

b) the

right of a trade union to apply for first agreement arbitration in accordance

with this Act;

(

c) the

obligations of employers, employers' organizations and persons acting on behalf

of employers and employers' organizations,

(

i) to

recognize a certified trade union as the exclusive bargaining agent of the

employees in the bargaining unit, to bargain in good faith and to make every

reasonable effort to enter into a collective agreement,

(ii) not

to interfere with the formation, selection or administration of a trade union

or the representation of employees by a trade union, including the obligation

not to prevent employees from talking about or soliciting for a trade union

during non-working time such as before and after work hours or during break

times, and the obligation not to interfere with the distribution of trade union

literature during non-working time,

(iii) not

to refuse to employ or refuse to continue to employ a person, and not to

discriminate against a person in employment, because the person is or was a

member of a trade union or is or was exercising any other rights under this

Act,

(iv) not

to impose or propose the imposition of any condition in a contract of employment

that seeks to restrain an employee or a person seeking employment from becoming

a member of a trade union or exercising any other rights under this Act,

(

v) not

to seek, by threat of dismissal or other kind of threat, or by imposing a

pecuniary or other penalty, to compel an employee to become, refrain from

becoming, continue to be or cease to be a member, officer or representative of

a trade union or to cease to exercise any other rights under this Act,

including the obligation,

(

A) not to question employees about trade union

support or activities,

(

B) not to fire, demote or transfer employees, reduce

their hours of work or change their shifts, or otherwise take adverse action

against employees, because they have joined a trade union or engaged in trade

union activity,

(

C) not to threaten to close a workplace or otherwise

retaliate if employees choose a trade union to represent them,

(

D) not to promise or grant promotions, pay raises or

other benefits to discourage trade union support or activities,

(

E) not to prohibit the wearing of buttons or clothing

bearing trade union messages in the workplace except where the wearing of such

items interferes with the employer's operations, and

(

F) not to observe or record lawful trade union

activities or gatherings,

(vi) while

a trade union is entitled to represent employees in a bargaining unit, not to

bargain with or enter into a collective agreement with a different person or

group in a way that purports, is designed or is intended to be binding on those

employees,

(vii) not

to threaten dismissal or another sanction, or to discriminate against a person

in employment, or to intimidate, coerce or impose a penalty on the person, or

refuse to employ or to continue to employ a person, because of a belief that

the person,

(

A) may testify in a proceeding under this Act,

(

B) has made or is about to make a disclosure that may

be required in a proceeding under this Act,

(

C) has made or is about to make an application or

file a complaint under this Act, or

(

D) has participated in or is about to participate in

a proceeding under this Act;

(

d) the

procedures governing unfair labour practices under this Act, including the

right to complain to the Board respecting violations of this Act and to claim

relief such as reinstatement, compensation or an order that employers cease and

desist from violations of this Act; and

(

e) the

methods and sources for obtaining information or assistance concerning the

exercise of rights under this Act and the processes for filing a complaint

under this Act.

poster not up to date

(2) If the poster prepared under subsection (1) has become

out of date, the Minister shall prepare and publish a new poster.

Material

to be posted

(3) Every employer shall post and keep posted the following

number of copies of the most recent poster published by the Minister:

1. If

the employer has 25 employees or fewer, at least one copy.

2. If

the employer has more than 25 employees, at least the number of copies

determined by dividing the total number of the employer's employees by 25 and

rounding to the next higher whole number.

Same

(4) The posters shall be posted in conspicuous places in

every workplace of the employer so that the information contained in the poster

is likely to come to the attention of all employees in the workplace.

Where

(5) If the language of at least 25 per cent of the

French, the Minister shall prepare a translation of the poster into that

language at the request of the trade union, and the employer shall post and

French poster.

7. Sub

Document details

Collection	Ontario — Bills
Citation	Bill 79, 40-1
Type	bill
Volume / chapter	p40 s1 bill 79 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9e51b62ba8b4399a95cbe6a8b631ebdbfd631eee

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