York Region Transit Labour Disputes Resolution Act, 2011 Shurman, Peter — Bill 7 (40th Parliament, 1st Session)

Bill 7, 40-1

Ontario — Bills

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Bill 7, York Region Transit Labour Disputes Resolution Act, 2011

Shurman, Peter

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Debates

Original

[40] Bill 7 Original (PDF)

Bill 7 2011

An Act to provide for the resolution

of labour disputes involving companies that provide public transit services to

The Regional Municipality of York

CONTENTS

Preamble

Interpretation and Application of Act

Definitions

Application

Strikes and Lock-outs

Restoration

of services

Strikes

and lock-outs prohibited

alteration of working conditions

Offences

Arbitration

Arbitration

Appointment

of arbitrator

Selection

of method

Procedure

Notice

of agreement to recommence

Powers

of arbitrator

Duty

of arbitrator

Remuneration

and expenses

Continued

negotiation

Arbitrator's

award, retroactive terms

Filing

of awards

General

Delegation

Mailed

notice

Transition

Regulations

Review

Commencement

Short

title

______________

Preamble

The Regional Municipality of York has contracted with

three companies to provide public transit to millions of passengers each year

in York Region.

Each of the three companies engages in collective

employment. The last collective agreements between each of the three companies

and the bargaining agents have expired. Work stoppages involving these parties,

such as the current one, and the resulting disruption of transit services give

rise to serious public health and safety, environmental, and economic concerns.

The

public interest requires that the present work stoppage be terminated and a

dispute resolution mechanism be introduced that encourages and respects the

process of collective bargaining and ensures access to fair and neutral

arbitration to resolve impasses between the employers and their bargaining

agents.

Therefore,

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

the Province of Ontario, enacts as follows:

Interpretation and Application of Act

Definitions

(1) In

this Act,

"bargaining

agent" means a trade union that has been certified or voluntarily recognized

under the Labour Relations Act, 1995 to represent a

bargaining unit of employees of an employer; ("agent négociateur")

"employee", with respect to an employer, means an employee of the

employer; ("employé")

"employer" means each one of the following that have a contract with The

Regional Municipality of York to provide public transit services: First Student

Canada; Miller Transit, Ltd. and (York BRT, VIVA) Veolia Transportation, Inc.;

("employeur")

"Minister" means the Minister of Labour or any other member of the

Executive Council to whom responsibility for the administration of this Act is

assigned or transferred under the Executive Council Act ;

("ministre")

"party" means an employer, on the one hand, or a bargaining agent for a

bargaining unit of employees, on the other hand, and "parties" means the two of

them. ("partie", "parties")

Same

(2) Unless the contrary intention appears, expressions

used in this Act have the same meaning as in the Labour

Relations Act, 1995 .

Application

(1) This

Act applies to,

(

a) each

of the employers;

(

b) bargaining

agents who represent a bargaining unit of employees; and

(

c) employees

who are represented by a bargaining agent.

Application

of Labour Relations Act, 1995

(2) Except as modified by this Act, the Labour Relations Act, 1995 applies to each of the

employers and to the employees and the bargaining agents who represent the

employees.

Strikes and Lock-outs

Restoration

of services

(1) As

soon as this Act receives Royal Assent, each of the employers shall use all

reasonable efforts to operate and continue to operate its undertakings,

including any operations interrupted during any lock-out or strike that is in

effect immediately before this Act receives Royal Assent.

Termination

of lock-out

(2) As soon as this Act receives Royal Assent, each of the

employers shall terminate any lock-out of employees that is in effect

immediately before this Act receives Royal Assent.

Termination

of strike

(3) As soon as this Act receives Royal Assent, each of the

bargaining agents shall terminate any strike by employees that is in effect

immediately before this Act receives Royal Assent.

Same,

employees

(4) As soon as this Act receives Royal Assent, each

employee shall terminate any strike that is in effect before this Act receives

Royal Assent and shall, without delay, resume the performance of the duties of

his or her employment or shall continue performing them, as the case may be.

Exception

(5) Subsection (4) does not preclude an employee from not

reporting to work and performing his or her duties for reasons of health or by

mutual consent of the employee and the employer.

Strikes

and lock-outs prohibited

(1) Despite

anything in the Labour Relations Act, 1995 , no

employees shall strike and no employer shall lock them out.

Application

of Labour Relations Act, 1995

(2) Sections 81 and 82, subsection 83 (1) and sections 84,

100, 101 and 103 of the Labour Relations Act, 1995

apply with necessary modifications under this Act as if those provisions were

enacted in and form part of this Act.

Unlawful

strike or lock-out

(3) A strike or lock-out in contravention of

section 3 is

deemed to be an unlawful strike or lock-out for the purposes of the Labour Relations Act, 1995 .

alteration of working conditions

(1) Despite

subsection 86 (1) of the Labour Relations Act, 1995 ,

if notice has been given under

section 16 or 59 of that Act and no collective

agreement is in operation,

(

a) an

employer shall not, except with the consent of the bargaining agent, alter the

rates of wages or any other term or condition of employment or any right,

privilege or duty of the employer, the bargaining agent or the employees unless

the right of the bargaining agent to represent the employees has been

terminated; and

(

b) the bargaining agent shall not, except with

the consent of the employer, alter any term or condition of employment or any

right, privilege or duty of the employer, the bargaining agent or the

employees.

Same, transitional

(2) If a collective agreement between an employer and its

employees expires before the day this Act receives Royal Assent, then until a

new collective agreement with respect to the bargaining unit is executed by the

that applied with respect to the employees in that unit on the day before the

first day on which it became lawful for any of those employees to strike

continue to apply, unless the parties agree otherwise.

Offences

6. Except

where inconsistent with this Act, sections 104, 105, 106, 107 and 109 of the Labour Relations Act, 1995 apply with necessary

modifications under this Act as if those sections were enacted in and form part

of this Act.

Arbitration

Arbitration

(1) The parties are deemed to have referred to an

arbitrator, on the day this Act receives Royal Assent, all matters remaining in

employment of the employees.

Notice of no collective agreement

(2) If a collective agreement between an employer and its

employees expires on or after the day this Act receives Royal Assent and a

conciliation officer appointed under

section 18 of the Labour

Relations Act, 1995 is unable, within the time allowed under

section 20

of that Act, to effect a collective agreement between each employer and its

employees to succeed the expired agreement, the Minister shall forthwith by

notice in writing inform each of the parties that the conciliation officer has

been unable to effect a collective agreement and sections 19 and 21 of that Act

shall not apply.

Arbitration

(3) If the Minister has informed the parties under subsection

(2) that the conciliation officer has been unable to effect a collective

agreement, the matters remaining in dispute between the parties shall be

decided by arbitration in accordance with this Act.

Appointment of arbitrator

(1) Within

seven days after the day this Act receives Royal Assent or the day on which the

Minister has informed the parties under subsection 7 (2) that the conciliation

officer has been unable to effect a collective agreement, the parties shall

appoint a person as arbitrator and forthwith notify the Minister of the name

and address of the person appointed.

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.

Notice

to Minister

(3) If the parties extend the period under subsection (2),

they shall inform the Minister.

Appointment

by Minister

(4) If the parties fail to notify the Minister within the

time set out in subsection (1) or the time extended under subsection (2), the

Minister shall forthwith appoint as arbitrator a person who is, in the opinion

of the Minister, qualified to act and notify the parties of the name and

address of the person appointed.

Replacement

(5) If the person appointed as arbitrator is unable or

unwilling to perform his or her duties so as to make an award, the Minister

shall forthwith appoint another person as arbitrator and the arbitration

process shall begin anew.

Restriction

(6) No person shall be appointed as an arbitrator under

this Act who has any pecuniary interest in the matters coming before him or her

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.

Not

subject to judicial review

(7) It is conclusively determined that the appointment of

an arbitrator made under this

section is properly made, and no application

shall be made to question the appointment or to prohibit or restrain any of the

arbitrator's proceedings.

Selection

of method

(1) If

the parties appoint the arbitrator, they shall select the method of arbitration.

Failure

to select

(2) The method of arbitration shall be

mediation-arbitration unless the parties select a different method of

arbitration.

Selection

by Minister

(3) If the Minister appoints the arbitrator, the Minister

shall select the method of arbitration.

Same,

mediation-arbitration

(4) The Minister shall select mediation-arbitration as the

method of arbitration unless the Minister is of the view that another method is

more appropriate.

Same,

final offer selection

(5) The Minister shall not select final offer selection

without mediation as the method of arbitration.

Same,

mediation-final offer selection

(6) The Minister shall not select mediation-final offer

selection as the method of arbitration unless the Minister, in his or her sole

discretion, selects that method because he or she is of the view that it is the

most appropriate method having regard to the nature of the dispute.

Procedure

(1) Subject

to subsection (2), the arbitrator shall fix the time and place of the

proceedings and shall notify the Minister of the time and place and the

Minister shall notify the parties.

Commencement

of proceedings

(2) The arbitrator shall begin the proceedings within 30

days after he or she is appointed.

Order

to expedite proceedings

(3) If an arbitrator has been appointed, the arbitrator

shall keep the Minister advised of the progress of the arbitration and if the

arbitrator advises the Minister that an award has not been rendered within the

time set out in subsection 13 (6) or within the time extended under subsection

13 (7), the Minister may, after consulting the parties and the arbitrator,

issue whatever order he or she considers necessary in the circumstances to

ensure that an award will be rendered within a reasonable time.

Time

for submission of information

(4) If the method of arbitratio

Document details

Collection	Ontario — Bills
Citation	Bill 7, 40-1
Type	bill
Volume / chapter	p40 s1 bill 7 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d987a8b6a5b4240ea247e4ba5b1f65268ef047aa

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