Labour Relations Amendment Act (Fairness for Employees), 2012 Natyshak, Taras — Bill 77 (40th Parliament, 1st Session)

Bill 77, 40-1

Ontario — Bills

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Bill 77, Labour Relations Amendment Act (Fairness for Employees), 2012

Natyshak, Taras

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[40] Bill 77 Original (PDF)

Bill 77 2012

Act to amend the Labour Relations Act, 1995 with respect to enhancing fairness

for employees

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 after the heading "Establishment of

Bargaining Rights by Certification":

Lists

of employees

6.1

(1) If

a campaign to establish bargaining rights is under way and it appears to the

Board that 20 per cent or more of the employees in a bargaining unit that could

be appropriate for collective bargaining are members of a trade union, the

Board shall direct, on application by the trade union, that the employer or a

person acting on behalf of the employer provide to the trade union within two

days,

(

a) an

accurate list of the employees in the bargaining unit that could be appropriate

for collective bargaining; and

(

b) an

accurate list of all other employees of the employer in the location or

locations where the campaign is under way.

Content

of lists

(2) The lists shall be provided in electronic and printed

formats and shall contain the following information about each employee:

1. His

or her name.

2. His

or her department.

3. His

or her job title and classification, if applicable.

4. The

usual number of hours per week he or she works.

5. Any

other information specified by the Board in its direction.

Application

(3) An application by a trade union under subsection

(1) shall include the name of the trade union, the description of the bargaining

unit, the location or locations where a campaign to establish bargaining rights

is under way and the membership evidence on which the trade union relies.

2. The

Act is amended by adding the following section:

Location

and method of voting

8.0.1

(1) If

the Board directs that a representation vote be taken, it may, on application

by the trade union applying for certification, direct that the vote,

(

a) take

place at a neutral site such as a school, place of worship or government office

that is not on the employer's premises but that is close to the employees'

place of work; or

(

b) be

conducted using electronic methods, by telephone, or by a combination of both.

Secrecy

of ballot

(2) If the Board makes a direction under clause (1) (b),

it shall establish procedures to ensure the secrecy of the ballot.

3. (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,

rights, privileges and duties 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 Labour

Relations Amendment Act (Fairness for Employees), 2012 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 Labour Relations Amendment Act (Fairness for

Employees), 2012 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.

4. The

Act is amended by adding the following section:

Successor

rights, contract services sector

69.1

(1) This

section applies with respect to the following services if they are provided

directly or indirectly by or to a building owner, manager or occupant:

1. Security,

cleaning or housekeeping services in respect of the premises.

2. Food

services, homemaking services within the meaning of the Home Care and Community Services Act, 1994

or personal support services within the meaning of the Home Care and Community Services Act, 1994

provided to a building occupant.

Exclusions

(2) This

section does not apply with respect to the

following services:

1. Construction.

2. Maintenance

other than maintenance activities related to cleaning the premises.

Deemed

sale of business

(3) The sale of a business is deemed to have occurred and

section 69 applies if,

(

a) employees

perform services at premises that are their principal place of work or, in the

case of homemaking services or personal support services, at premises where the

employees regularly provide the services;

(

b) the

employees' employer ceases, in whole or in part, to provide the services at

those premises; and

(

c) substantially

similar services are subsequently provided under the direction of another employer,

whether at the same premises or different premises.

Interpretation

(4) For the purposes of

section 69, the employer referred

to in clause (3) (

b) is c

Document details

Collection	Ontario — Bills
Citation	Bill 77, 40-1
Type	bill
Volume / chapter	p40 s1 bill 77 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b024d1c7b20093d2ccbadaaceec6a496350cb17c

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