An Act to resolve the labour dispute between the College Employer Council and the Ontario Public Service Employees Union — Bill 178 (41st Parliament, 2nd Session)

Bill 178, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Bill 178

An Act to resolve the labour dispute between the College Employer Council and the Ontario Public Service Employees Union The Hon. K. Flynn Minister of Labour Government Bill 1st Reading November 17, 2017 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE The Bill addresses the labour dispute between the College Employer Council and the Ontario Public Service Employees Union. It requires the termination of any strike or lock -out and provides a mechanism for achieving a new collective agreement.

Bill 178 2017

An Act to resolve the labour dispute between the College Employer Council and the Ontario Public Service Employees Union

Preamble The statutory objects of Ontario’s colleges of applied arts and t echnology are to offer a comprehensive program of career - oriented, post-secondary education and training to assist individuals in finding and keeping employment, to meet the needs of employers and the changing work environment and to support the economic and social development of their local and diverse communities.

The College Employer Counc il, which represents Ontario’s c olleges for bargaining purposes, and the Ontario Public Service Employees Union were parties to a collective agreement for full -time academic staff that expired on September 30, 2017. The approximately 12,225 faculty (composed of teachers, counsellors and librarians) belonging to the bargaining unit covered by that collective agreement work at 24 colleges across the province.

The parties have engaged in collective bargaining for a new collective agreement for almost 5 months, including mediation with the assistance of the Ministry of Labour, but have failed to resolve the issues in disput e. A strike commenced on October 16, 2017, and classes have been cancelled for approximately five weeks. Continuing efforts of the Ministry of Labour to assist the parties in resolving their differences through mediation have proved unsuccessful. A vote o f the members of the bargaining unit in respect of the Council’s last offer was conducted by the Ontario Labour Relations Board.

That offer was rejected by the members of the bargaining unit. Negotiations have reached an impasse and the parties are deadlocked. As a result, the education and preparation for employment of over 220,000 full -time students has been disrupted. College students are a diverse group, including recent secondary school graduates and adults s trengthening their work skills or seeking retraining, who come from diverse demographic backgrounds.

For a significant number of students, the completion of their academic studies and the successful achievement of the program learning outcomes required for job readiness may be at serious risk. Education by Ontario’s colleges of applied arts and t echnology serves a critical public function. The colleges deliver approximately 2,400 post -secondary programs approved for funding by the Ministry of Advanced Education and Skills Development at more than 12 5 locations across Ontario. These programs prepare students for entry into the Ontario labour market.

Colleges also deliver approximately 1,430 apprenticeship classes for over 25,000 apprentices, about 8,520 of whom were expected to complete their final level of training this fall. The work stoppage has affected over 8,000 Literacy and Basic Skills and Academic Upgrading l earners, almost 2,000 Second Career clients attending a training program at a college and over 5,000 active Employment Services clients participating in assisted services delivered by colleges. This disruption has significant educational, financial and personal implications for students and their families.

These negative consequences, particularly for vulnerable students, may be long term in nature. The continuation of this dispute gives rise to serious public interest concerns. Having regard to these serious circumstances and the deadlock in negotiations, the public interest requires an exceptional and temporary solution to address the matters in dispute so that a new collective agreement may be concluded through a fair process of mediation-arbitration, so that faculty and students can return to class and so that the colleges can resume p roviding post-secondary education and preparation for employment.

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

Definitions 1

(1) In this Act, “bargaining agent” means the Ontario Public Service Employees Union; (“agent négociateur”) “bargaining unit” means the full -time academic staff bargaining unit described in

section 1 of

Schedule 1 to the Colleges Collective Bargaining Act, 2008; (“unité de négociation”)

2 “employees” means the employees of an employer who are represented by the bargaining agent; (“employés”) “Minister” means the Minister of Labour; (“ministre”) “new collective agreement” means a collective agreement that, (

a) applies to the employees in the bargaining unit, and (

b) is executed after the day this Act receives Royal Assent or comes into force under subsection 19 (5); (“nouvelle convention collective”) “parties”, when used in relation to a dispute, a mediation -arbitration proceeding dealing with the dispute or a new collective agreement, means the Council and the bargaining agent. (“parties”)

Interpretation

(2) Expressions used in this Act have the same meaning as in the Colleges Collective Bargaining Act, 2008 , unless t he context requires otherwise. Application of Act 2

(1) This Act applies to the Council, the employers, the bargaining agent and the employees in the bargaining unit if the Council and the bargaining agent have not executed a collective agreement after Se ptember 30, 2017 and before the day this Act receives Royal Assent with respect to the bargaining unit. Application of Colleges Collective Bargaining Act, 2008

(2) Except as modified by this Act, the Colleges Collective Bargaining Act, 2008 applies to the Council, the employers, the bargaining agent and the employees in the bargaining unit. Conflict

(3) In the event of a conflict between this Act and the Colleges Collective Bargaining Act, 2008, this Act prevails. STRIKES AND LOCK-OUTS Duties of employers, bargaining agent, etc. Operation of undertakings 3

(1) As soon as this Act receives Royal Assent, each employer 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. Assistance from the Council

(2) As soon as this Act receives Royal Assent, the Council shall use all reasonable efforts to assist the employers in complying with subsection (1). Termination of lock-out

(3) As soon as this Act receives Royal Assent, the Council and each employer shall terminate any lock -out of employees in the bargaining unit that is in effect immediately before this Act receives Royal Assen t. Termination of strike

(4) As soon as this Act receives Royal Assent, the bargaining agent shall terminate any strike by employees in the bargaining unit that is in effect immediately before this Act receives Royal Assent. Same

(5) As soon as this Act receives Royal Assent, each employee in the bargaining unit 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 (6) Subsection (5) does not preclude an employee in the bargaining unit 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. Prohibition re strike 4

(1) Subject to

section 6, no employee in the bargaining unit shall strike and no person or employee organization shall call or authorize or threaten to call or authorize a strike by any employees in the bargaining unit . Same

(2) Subject to

section 6, no officer, official or agent of an employee organization shall counsel, procure, support or encourage a strike by any employees in the bargaining unit.

3 Prohibition re lock-out 5

(1) Subject to

section 6, the Council or an employer shall n ot lock out or threaten to lock out any employees in the bargaining unit. Same

(2) Subject to

section 6, no officer, official or agent of the Council or of an employer shall counsel, procure, support or encourage a lock-out of any employees in the bargaining unit. Strike or lock-out after new collective agreement 6 After a new collective agreement is executed by the parties or comes into force under subsection 19 (5), the Colleges Collective Bargaining Act, 2008 governs the right of the employees in the ba rgaining unit to strike and the right of the Council or an employer to lock out those employees. Offence 7

(1) A person, including the employer, or an employee organization 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 $1,000; and (

b) in any other case, to a fine of not more than $25,000. Continuing offence

(2) Each day of a contravention or failure to comply constitutes a separate offence. Related matters (3) Subsections 63 (4) and (5) and sections 65, 67 and 75 of the Colleges Collective Bargaining Act, 2008 apply with necessary modifications with respect to an offence under this Act. Deeming provision: unlawful strike or lock-out 8 A strike or lock-out in contravention of

section 3, 4 or 5 is deemed to be an unlawful strike or lock -out for the purposes of the Colleges Collective Bargaining Act, 2008. Terms of employment 9 Until a new collective agreement is executed by the p arties or comes into force under subsection 19 (5), the terms and conditions of employment that applied with respect to the employees in the bargaining unit on the day before the first day on which it became lawful for any of the employees to strike continue to apply, unless the parties agree otherwise.

MEDIATION-ARBITRATION Deemed referral to mediation-arbitration 10 If this Act applies to the Council, the employers and the bargaining agent in respect of the bargaining unit, the parties are deemed to have referred to a mediator -arbitrator, on the day this Act receives Royal Assent, all matters remaining in dispute between them with respect to the terms and conditions of employment of the employees in the bargaining unit. Appointment of mediator-arbitrator 11

(1) On or before the fifth day after this Act receives Royal Assent, the parties shall jointly appoint the mediator -arbitrator referred to in

section 10 and shall forthwith notify the Minister of the name and address of the person appointed. Same

(2) If the parties fail to notify the Minister as subsection (1) requires, the Minister shall forthwith appoint the mediator - arbitrator and notify the parties of the name and address of the person appointed. Replacement

(3) If the parties notify the Minister that they agree that the mediator -arbitrator is unable or unwilling to perform his or her duties so as to make an award, the parties shall, on or before the fifth day after the notification, jointly appoint a new mediator-arbitrator and shall forthwith notify the Minister of the name and address of the person appointed. Same

(4) If the Minister notifies the parties that in the Minister’s opinion the mediator -arbitrator is unable or unwilling to perform his or her duties so as to make an award, the parties shall, on or before the fifth day after the notification, jointly appoint a new mediator-arbitrator and shall forthwith notify the Minister of the name and address of the person appointed. Same

(5) If the parties fail to notify the Minister as subsection (3) or (4) requires, the Minister shall forthwith appoint a new mediator

Document details

Collection	Ontario — Bills
Citation	Bill 178, 41-2
Type	bill
Volume / chapter	p41 s2 bill 178 bill text 41 2 en b178 e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f176124c5e31c854e108b23bf7db062741ac49fd

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