Colleges Collective Bargaining Act, 2008

PART I INTERPRETATION AND APPLICATION

1 In this Act, “bargaining unit” means a bargaining unit determined in accordance with sections 25, 26 and 27; (“unité de négociation”) “collective agreement” means a written collective agreement between the Council on behalf of the employers and an employee organization respecting terms and conditions of employment negotiable under this Act; (“convention collective”) “college” means a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002; (“collège”) “Council” means the College Employer Council established under section 7.1 of the Ontario Colleges of Applied Arts and Technology Act, 2002; (“Conseil”) “employee” means a person who is employed by an employer and is a member of a bargaining unit; (“employé”) “employee organization” means a trade union within the meaning of the Labour Relations Act, 1995; (“association d’emplo…

2 (1) Collective negotiations respecting terms and conditions of employment, except for superannuation, of employees shall be carried out by the Council and the employee organization. 2008, c. 15, s. 2 (1). Application of Act (2) This Act applies to all collective negotiations concerning terms and conditions of employment, except for superannuation, of employees. 2008, c. 15, s. 2 (2). Negotiations to be in accordance with Act (3) No such collective negotiations shall be carried on except in accordance with this Act. 2008, c. 15, s. 2 (3).

PART II Collective Bargaining

3 (1) Following certification or voluntary recognition by the Council of an employee organization as bargaining agent of the members of a bargaining unit, the employee organization shall give the Council written notice of its desire to negotiate with a view to making a collective agreement. 2008, c. 15, s. 3 (1). Same (2) Either party to a collective agreement may give written notice to the other party, within the period of 90 days before the agreement expires, of its desire to negotiate with the view to the renewal, with or without modification, of the agreement then in operation. 2008, c. 15, s. 3 (2). Same (3) Where a collective agreement exists and no party to the agreement gives notice in accordance with this Act of its desire to negotiate with the view to the renewal of the agreement, the agreement continues in operation and is renewed from year to year, each time for a period of o…

4 The parties shall meet within 30 days after the giving of the notice under section 3, and shall negotiate in good faith and make every reasonable effort to make a collective agreement or to renew the collective agreement, as the case requires. 2008, c. 15, s. 4.

5 (1) Where notice has been given under section 3, the Minister of Labour, on the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 2008, c. 15, s. 5 (1). Same, where no notice given (2) Despite the failure of a party to give written notice under section 3, where the parties have met and bargained, the Minister of Labour may, on the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 2008, c. 15, s. 5 (2). Same, voluntary recognition (3) Where the Council and an employee organization agree that the Council recognizes the employee organization as the exclusive bargaining agent of the members of a bargaining unit and the agreement is in writing signed by the parties, the Minister of Labour may, on the request of either party, …

6 (1) Where the Minister of Labour is required or authorized to appoint a conciliation officer, the Minister may, on the request in writing of the parties, appoint a mediator selected by them jointly. 2008, c. 15, s. 6 (1). Same (2) When the Minister appoints a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is terminated. 2008, c. 15, s. 6 (2).

7 (1) Where a conciliation officer is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement and he or she shall, within 14 days from his or her appointment, report the result of his or her endeavour to the Minister of Labour. 2008, c. 15, s. 7 (1). Extension of 14-day period (2) The period mentioned in subsection (1) may be extended by agreement of the parties or by the Minister on the advice of the conciliation officer that a collective agreement may be made within a reasonable time if the period is extended. 2008, c. 15, s. 7 (2). Report to Minister (3) The report to the Minister under subsection (1) shall state that, (a) the differences between the parties concerning the terms of a collective agreement have been settled; or (b) despite the efforts of the conciliation officer, the terms of a collective agreement have not been settled. 2008, c…

PART III COLLECTIVE AGREEMENTS

General

8 (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate. 2008, c. 15, s. 8 (1). Extension of term of collective agreement (2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the employee organization ceases to represent the members of the bargaining unit and …

9 Every collective agreement shall be deemed to provide that there will be no strike or lock-out during the term of the agreement or of any renewal of the agreement. 2008, c. 15, s. 9.

10 On the execution of a collective agreement, each party to the agreement shall forthwith give a copy of the agreement to the Minister of Labour. 2008, c. 15, s. 10.

11 A collective agreement is binding on the Council, the employers and the employee organization that is a party to it and on the members of the bargaining unit covered by the agreement. 2008, c. 15, s. 11.

12 Every collective agreement is deemed to provide that the employee organization that is a party to the agreement is recognized as the exclusive bargaining agent for the bargaining unit to which the agreement applies. 2008, c. 15, s. 12.

13 (1) The parties to a collective agreement may provide for the payment of dues or contributions by the members of the bargaining unit covered by the collective agreement to the employee organization. 2008, c. 15, s. 13 (1). Where objection to dues because of religious belief (2) Where the Ontario Labour Relations Board is satisfied that an employee because of his or her religious convictions or belief objects to paying dues or contributions to an employee organization, the Ontario Labour Relations Board shall order that the provisions of the collective agreement pertaining to such payments do not apply to that employee and that the employee is not required to pay dues or contributions to the employee organization. 2008, c. 15, s. 13 (2). Same (3) Amounts equivalent to the payments that would have been made by the employee if an order respecting the employee had not been made under subs…

Arbitration under a Collective Agreement

14 (1) Every collective agreement shall provide for the final and binding settlement by arbitration of all differences between an employer and the employee organization arising from the interpretation, application, administration or alleged contravention of the agreement, including any question as to whether a matter is arbitrable. 2008, c. 15, s. 14 (1). Same (2) If a collective agreement does not contain a provision that is mentioned in subsection (1), it shall be deemed to contain a provision to the following effect: Where a difference arises between an employer and the employee organization relating to the interpretation, application or administration of this agreement, or where an allegation is made that this agreement has been contravened, including any question as to whether the matter is arbitrable, either the employer or the employee organization may, after exhausting any grieva…

Section Amendments with date in force (d/m/y) 2008, c. 15, s. 83 (2) - 31/03/2014 Alteration of Working Conditions

15 (1) Where, in respect of a bargaining unit, notice has been given under section 3 or an application for certification has been made under section 29, the terms and conditions applicable to or binding on the Council, the employer, the employee organization or the employees shall not be altered, except by agreement in writing between the Council and the employee organization, until, (a) the conditions set out in section 17 are met; (b) the conditions set out in clauses 21 (1) (a), (b) and (d) are met; or (c) the application made under section 29 is dismissed or terminated by the Ontario Labour Relations Board or withdrawn by the employee organization. 2008, c. 15, s. 15 (1). Differences may be arbitrated (2) Where notice has been given under subsection 3 (2) and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) was complied w…

Conduct of Ratification Vote

16 A vote to ratify a proposed collective agreement or memorandum of settlement taken by an employee organization shall be a vote by secret ballot, conducted under the supervision of and in the manner directed by the Ontario Labour Relations Board. 2008, c. 15, s. 16.

PART IV STRIKES AND LOCK-OUTS

17 (1) No employee shall strike unless, (a) there is no collective agreement in operation between the Council and the employee organization that represents the employee; (b) a conciliation officer has made a report to the Minister of Labour under clause 7 (3) (b) to the effect that, despite his or her efforts, the terms of a collective agreement have not been settled and the Minister has informed the parties of the report by notice in writing in accordance with subsection 7 (4); (c) the members of the bargaining unit have voted in favour of a strike by a vote by secret ballot conducted under the supervision of and in the manner determined by the Ontario Labour Relations Board; (d) after a vote in favour of a strike in accordance with clause (c), the employee organization that represents the employee gives the Council and the employer written notice of the strike and of the date on which …

18 (1) No employee organization shall call or authorize or threaten to call or authorize an unlawful strike. 2008, c. 15, s. 18 (1). Same (2) No officer, official or agent of an employee organization shall counsel, procure, support or encourage an unlawful strike or threaten an unlawful strike. 2008, c. 15, s. 18 (2).

19 (1) The Council or an employer shall not call or authorize or threaten to call or authorize an unlawful lock-out. 2008, c. 15, s. 19 (1). Same (2) No officer, official or agent of the Council or of an employer shall counsel, procure, support or encourage an unlawful lock-out or threaten an unlawful lock-out. 2008, c. 15, s. 19 (2). Declarations: unlawful strike or lock-out

20 (1) Where an employee organization calls or authorizes a strike or employees engage in a strike that the Council or an employer alleges is unlawful, the Council or the employer may apply to the Ontario Labour Relations Board for a declaration that the strike is unlawful, and the Board may make the declaration. 2008, c. 15, s. 20 (1). Declaration of unlawful lock-out (2) Where the Council or employer calls or authorizes a lock-out of employees that the employee organization concerned alleges is unlawful, the employee organization may apply to the Ontario Labour Relations Board for a declaration that the lock-out is unlawful, and the Board may make the declaration. 2008, c. 15, s. 20 (2). Direction by Ontario Labour Relations Board (3) Where the Ontario Labour Relations Board makes a declaration under subsection (1) or (2), the Board in its discretion may, in addition, direct what actio…

21 (1) No employer shall lock out employees unless, (a) there is no collective agreement in operation between the Council and the employee organization that represents the employees; (b) a conciliation officer has made a report to the Minister of Labour under clause 7 (3) (b) to the effect that, despite his or her efforts, the terms of a collective agreement have not been settled and the Minister has informed the parties of the report by notice in writing in accordance with subsection 7 (4); (c) the Council on behalf of all employers gives the employee organization that represents the employees written notice of the lock-out and of the date on which the lock-out will commence at least five days before the commencement of the lock-out; and (d) 16 days have elapsed after the date on the Minister’s notice referred to in clause (b). 2008, c. 15, s. 21 (1). Closing of college (2) Where an emp…

22 For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of ceasing to work for his or her employer as the result of a lawful lock-out or lawful strike or by reason only of being dismissed by his or her employer contrary to this Act or to a collective agreement. 2008, c. 15, s. 22.

PART V REPRESENTATION RIGHTS

General

23 Every person is free to join an employee organization of his or her own choice and to participate in its lawful activities. 2008, c. 15, s. 23.

24 The Council has the exclusive responsibility for all collective negotiations on behalf of employers conducted under this Act. 2008, c. 15, s. 24.

Bargaining Units

25 From the day this Act receives Royal Assent until a first regulation comes into force under section 27, the bargaining units for the purposes of this Act shall be the units described in Schedule 1. 2008, c. 15, s. 25. Section Amendments with date in force (d/m/y) 2008, c. 15, s. 83 (3) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2018

26 (1) The Council and the bargaining agents of one or more bargaining units may apply to the Ontario Labour Relations Board proposing, (a) changes in the description of bargaining units; (b) the establishment of bargaining units; (c) the elimination of bargaining units. 2008, c. 15, s. 26 (1). Same (2) The applicants shall set out the details of the proposal in the application. 2008, c. 15, s. 26 (2). Same (3) The Board shall not consider the application unless the applicants include the Council and the bargaining agent of, (a) every bargaining unit that would be eliminated if the proposal were implemented; and (b) every bargaining unit the description of which would be changed if the proposal were implemented. 2008, c. 15, s. 26 (3). Timing of application (4) The first application under this section that would change the description of or eliminate a bargaining unit described in sectio…

27 (1) After considering an application made under section 26, and subject to the prior approval of the Lieutenant Governor in Council, the Ontario Labour Relations Board may, for the purposes of this Act, make regulations, (a) changing the description of bargaining units; (b) establishing bargaining units; (c) eliminating bargaining units. 2008, c. 15, s. 27 (1). Regulations may differ from proposal (2) The regulation need not give effect, in whole or in part, to the proposal in the application and may change the description of bargaining units, establish bargaining units and eliminate bargaining units in ways not proposed in the application. 2008, c. 15, s. 27 (2). Regulations re transitional, etc., matters (3) The regulation may govern transitional and consequential matters as the Board considers appropriate. 2008, c. 15, s. 27 (3). First regulation (4) The first regulation made under…

28 (1) A reference to a regulation in this section is a reference to a regulation made under section 27. 2008, c. 15, s. 28 (1). Expiry of collective agreement (2) If a regulation changes the description of a bargaining unit or eliminates a bargaining unit and a collective agreement applied to the bargaining unit immediately before the regulation came into force, the collective agreement expires when the regulation comes into force. 2008, c. 15, s. 28 (2). Determination of bargaining agent (3) If all members of a bargaining unit the description of which is changed by a regulation were represented by the same employee organization immediately before the regulation came into force, that employee organization is deemed, as of the date the regulation comes into force, to be certified under this Act as the bargaining agent for the members of the changed bargaining unit. 2008, c. 15, s. 28 (3)…

Establishment of Bargaining Rights Application for certification

29 (1) Where no employee organization is certified as bargaining agent of the members of a bargaining unit and the members of the unit are not bound by a collective agreement, an employee organization may apply at any time to the Ontario Labour Relations Board for certification as bargaining agent of the members of the unit. 2008, c. 15, s. 29 (1). Certified bargaining agent, no collective agreement (2) Where an employee organization is certified as bargaining agent of the members of a bargaining unit and has not entered into a collective agreement with the Council with respect to the bargaining unit and no declaration has been made by the Ontario Labour Relations Board that the employee organization ceases to represent the members of the bargaining unit, another employee organization may apply to the Board for certification as bargaining agent of the members of the bargaining unit only …

30 (1) If the Ontario Labour Relations Board determines that 35 per cent or more of the individuals in the bargaining unit referred to in the application for certification appear to be members of the employee organization at the time the application was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency. 2008, c. 15, s. 30 (1). Membership in employee organization (2) The determination under subsection (1) shall be based only on the information provided in the application for certification and the accompanying information provided under subsection 29 (17). 2008, c. 15, s. 30 (2). No hearing (3) The Board shall not hold a hearing when making a decision under subsection (1). 2008, c. 15, s. 30 (3). Timing of vote (4) The representation vote shall be held in a timely manner, within a time period determined by the Board. 2008, c.…

31 (1) If the Council disagrees with the employee organization’s estimate under clause 29 (17) (a) of the number of individuals in the bargaining unit, the Council may give the Ontario Labour Relations Board a notice that it disagrees with that estimate. 2008, c. 15, s. 31 (1). Content of notice (2) A notice under subsection (1) shall include the Council’s estimate of the number of individuals in the bargaining unit. 2008, c. 15, s. 31 (2). Deadline for notice (3) A notice under subsection (1) shall be given within two days (excluding Saturdays, Sundays and holidays) after the day on which the Council receives the application for certification. 2008, c. 15, s. 31 (3). Sealing of ballot boxes (4) If the Board receives a notice under subsection (1), the Board shall direct that the ballot boxes from the representation vote be sealed unless the employee organization and the Council agree oth…

32 (1) The Ontario Labour Relations Board shall certify an employee organization as the bargaining agent of the members of a bargaining unit if more than 50 per cent of the ballots cast in the representation vote are cast in favour of the employee organization. 2008, c. 15, s. 32 (1). No certification (2) The Board shall not certify the employee organization as bargaining agent and shall dismiss the application for certification if 50 per cent or less of the ballots cast in the representation vote are cast in favour of the employee organization. 2008, c. 15, s. 32 (2). Bar to reapplying (3) If the Board dismisses an application for certification under this section, the Board shall not consider another application for certification by any employee organization as the bargaining agent of any member that was in the bargaining unit that was the subject of the original application until one y…

33 (1) Subsection (2) applies where the Council, an employer, or a person acting on behalf of the Council or an employer contravenes this Act and, as a result, (a) the true wishes of the members of the bargaining unit were not likely reflected in a representation vote; or (b) an employee organization was not able to demonstrate that 35 per cent or more of the individuals in the bargaining unit referred to in the application for certification appeared to be members of the employee organization at the time the application was filed. 2008, c. 15, s. 33 (1). Same (2) In the circumstances described in subsection (1), on the application of the employee organization, the Ontario Labour Relations Board may, (a) order that a representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the members of the bargaining unit; (b) order that another rep…

34 (1) Subsection (2) applies where an employee organization or person acting on behalf of an employee organization contravenes this Act and, as a result, the true wishes of the members of the bargaining unit were not likely reflected in a representation vote. 2008, c. 15, s. 34 (1). Same (2) In the circumstances described in subsection (1), on the application of an interested person, the Ontario Labour Relations Board may, despite subsection 32 (1), (a) order that another representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the members of the bargaining unit; or (b) dismiss the application for certification if no other remedy would be sufficient to counter the effects of the contravention. 2008, c. 15, s. 34 (2). Same (3) Subsections 30 (4) to (9) apply with necessary modifications to a representation vote under this section. 20…

35 The Ontario Labour Relations Board shall not certify an employee organization if, in the opinion of the Board, (a) the Council, or an employer or any person acting on behalf of the Council or an employer, has participated in the formation or administration of the employee organization or has contributed financial or other support to it; or (b) the employee organization discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code or the Canadian Charter of Rights and Freedoms. 2008, c. 15, s. 35.

36 (1) If the employee organization that applies for certification under subsection 29 (4), (5) or (6) is certified as bargaining agent of the members of the bargaining unit to which the collective agreement applies, the employee organization that was or is a party to the agreement, as the case may be, forthwith ceases to represent the members of the bargaining unit and the agreement expires. 2008, c. 15, s. 36 (1). Same (2) If the employee organization that applies for certification under subsection 29 (2) is certified as bargaining agent for the members of a bargaining unit to which the certificate issued to the employee organization that was previously certified refers, the latter employee organization forthwith ceases to represent the members of the bargaining unit referred to in the certificate issued to the former employee organization. 2008, c. 15, s. 36 (2).

37 Where employees of an employer reside on the property of the employer, or on property to which the employer has the right to control access, the employer shall, on a direction from the Ontario Labour Relations Board, allow the representative of an employee organization access to the property on which the employees reside for the purpose of attempting to persuade the employees to join an employee organization. 2008, c. 15, s. 37.

Termination of Bargaining Rights

38 (1) If an employee organization does not make a collective agreement with the Council within one year after its certification, any of the members of the bargaining unit referred to in the certificate may, subject to section 48, apply to the Ontario Labour Relations Board for a declaration that the employee organization ceases to represent the members of the bargaining unit. 2008, c. 15, s. 38 (1). Same (2) Any of the members of the bargaining unit to which a collective agreement applies may, subject to section 48, apply to the Ontario Labour Relations Board for a declaration that the employee organization ceases to represent the members of the bargaining unit, (a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last three months of its operation; (b) in the case of a collective agreement for a term of more than three ye…

39 (1) If the Ontario Labour Relations Board determines that a majority of the members of the bargaining unit appear to have expressed a wish not to be represented by the employee organization at the time the application was filed, the Board shall direct that a representation vote be taken among the members of the bargaining unit. 2008, c. 15, s. 39 (1). Same (2) The determination of the number of members of the bargaining unit who appear to have expressed a wish not to be represented by the employee organization shall be based only on the information provided in the application and the accompanying information provided under subsection 38 (4). 2008, c. 15, s. 39 (2). Same (3) The Board may consider such information as it considers appropriate to determine the number of members of the bargaining unit. 2008, c. 15, s. 39 (3). No hearing (4) The Board shall not hold a hearing when making a…

40 (1) If on the taking of the representation vote more than 50 per cent of the ballots cast are cast in opposition to the employee organization, the Ontario Labour Relations Board shall declare that the employee organization that was certified or that was or is a party to the collective agreement, as the case may be, ceases to represent the members of the bargaining unit. 2008, c. 15, s. 40 (1). Dismissal of application (2) The Board shall dismiss the application unless more than 50 per cent of the ballots cast in the representation vote by the members of the bargaining unit are cast in opposition to the employee organization. 2008, c. 15, s. 40 (2).

41 Despite subsections 39 (1) and 40 (1), the Ontario Labour Relations Board may dismiss the application if the Board is satisfied that the Council or an employer, or a person acting on behalf of the Council or an employer, initiated the application or engaged in threats, coercion or intimidation in connection with the application. 2008, c. 15, s. 41.

42 On an application under subsection 38 (1) or (2), where the employee organization concerned informs the Ontario Labour Relations Board that it does not desire to continue to represent the members of the bargaining unit, the Board may declare that the employee organization ceases to represent the members of the bargaining unit. 2008, c. 15, s. 42.

43 On the Ontario Labour Relations Board making a declaration under subsection 40 (1) or section 42, any collective agreement in operation between the employee organization and the Council that is binding on the members of the bargaining unit expires forthwith. 2008, c. 15, s. 43.

44 (1) If an employee organization has obtained a certificate by fraud, the Ontario Labour Relations Board may at any time declare that the employee organization ceases to represent the members of the bargaining unit and, on the making of such a declaration, the employee organization is not entitled to claim any rights or privileges flowing from certification and, if it has made a collective agreement applicable to the members of the bargaining unit, the collective agreement is void. 2008, c. 15, s. 44 (1). Same (2) In deciding whether to make a declaration under subsection (1), the Board may consider a challenge to information provided under clause 29 (17) (b). 2008, c. 15, s. 44 (2).

45 (1) If an applicant has obtained a declaration under subsection 40 (1) or section 42 by fraud, the Ontario Labour Relations Board may at any time rescind the declaration. 2008, c. 15, s. 45 (1). Same (2) If the declaration is rescinded, the employee organization is restored as the bargaining agent for the members of the bargaining unit and any collective agreement that, but for the declaration, would have applied with respect to the members becomes binding as if the declaration had not been made. 2008, c. 15, s. 45 (2). Same (3) In deciding whether to rescind a declaration under subsection (1), the Board may consider a challenge to information provided under subsection 38 (4). 2008, c. 15, s. 45 (3).

46 (1) If an employee organization fails to give the Council notice under subsection 3 (1) within 60 days following certification or if it fails to give notice under subsection 3 (2) and no notice is given by the Council under subsection 3 (2), the Ontario Labour Relations Board may, on the application of the Council or of any of the members of the bargaining unit, and with or without a representation vote, declare that the employee organization ceases to represent the members of the bargaining unit. 2008, c. 15, s. 46 (1). Same (2) Where an employee organization that has given notice under section 3 or that has received notice under section 3 fails to commence to bargain within 60 days from the giving of the notice or, after having commenced to bargain but before the Minister of Labour has appointed a conciliation officer or mediator, allows a period of 60 days to elapse during which it…

47 (1) Where the Council and an employee organization that has not been certified as the bargaining agent for the members of a bargaining unit enter into a collective agreement, or a recognition agreement as provided for in subsection 5 (3), the Ontario Labour Relations Board may, on the application of any member of the bargaining unit or of another employee organization acting on behalf of any member of the bargaining unit, during the first year of the period of time that the first collective agreement between them is in operation or, if no collective agreement has been entered into, within one year from the signing of such recognition agreement, declare that the employee organization was not, at the time the agreement was entered into, entitled to represent the members of the bargaining unit. 2008, c. 15, s. 47 (1). Powers of Board before deciding an application (2) Before making a dec…

Timing of Applications for Certification or Termination Timing

48 (1) Subject to subsection (3), where an employee organization has not made a collective agreement within one year after its certification and the Minister of Labour has appointed a conciliation officer or a mediator under this Act, no application for certification of a bargaining agent of, or for a declaration that an employee organization ceases to represent, the members of the bargaining unit to which the certificate applies shall be made until, (a) 30 days have elapsed after the date on the Minister’s notice under subsection 7 (4) that a conciliation officer has made a report to the Minister to the effect that, despite his or her efforts, the terms of a collective agreement have not been settled; or (b) six months have elapsed after the date on the Minister’s notice under subsection 7 (4) that the conciliation officer has made a report to the Minister to the effect that the differe…

as the case may be. 2008, c. 15, s. 48 (1). Application where notice given under s. 3 (2) (2) Where notice has been given under subsection 3 (2) and the Minister of Labour has appointed a conciliation officer or a mediator, no application for certification of a bargaining agent of the members of the bargaining unit to which the collective agreement applies and no application for a declaration that the employee organization that was a party to the collective agreement ceases to represent the members of the bargaining unit to which the agreement applies shall be made after the date when the agreement expired or the date when the Minister of Labour appointed a conciliation officer or a mediator, whichever is later, unless following the appointment of a conciliation officer or a mediator, if no collective agreement has been made, (a) 30 days have elapsed after the date on the Minister’s noti…

PART VI Unfair labour practices

49 Nothing in this Act authorizes any person to attempt at the place at which an individual employed by an employer works to persuade the individual during his or her working hours to become or refrain from becoming or continuing to be a member of an employee organization, except as the Council and an employee organization may otherwise agree. 2008, c. 15, s. 49.

50 (1) The Council, an employer or a person acting on behalf of the Council or an employer shall not engage in strike-related misconduct or retain the services of a professional strike breaker and no person shall act as a professional strike breaker. 2008, c. 15, s. 50 (1). Definitions (2) For the purposes of subsection (1), “professional strike breaker” means a person who is not involved in a dispute whose primary object, in the opinion of the Ontario Labour Relations Board, is to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lawful strike or lock-out; (“briseur de grève professionnel”) “strike-related misconduct” means a course of conduct of incitement, intimidation, coercion, undue influence, provocation, infiltration, surveillance or any other like course of conduct intended to interfere with, obstruct…

51 (1) Where an employee engaging in a lawful strike makes an unconditional application in writing to the employee’s employer within six months from the commencement of the lawful strike to return to work, the employer shall, subject to subsection (2), reinstate the employee in the employee’s former employment, on such terms as the employer and employee may agree on, and the employer in offering terms of employment shall not discriminate against the employee for exercising or have exercised any rights under this Act. 2008, c. 15, s. 51 (1). Exceptions (2) An employer is not required to reinstate an employee who has made an application to return to work in accordance with subsection (1), (a) where the employer no longer has persons engaged in performing work of the same or similar nature to work which the employee performed before the employee’s cessation of work; or (b) where there has b…

52 Nothing in this Act prohibits any suspension or discontinuance for cause of an employer’s operations or the quitting of employment for cause if the suspension, discontinuance or quitting does not constitute a lock-out or strike. 2008, c. 15, s. 52.

53 (1) The Council, an employer or a person acting on behalf of the Council or an employer shall not, (a) participate in or interfere with the formation, selection or administration of an employee organization or the representation of employees by an employee organization; or (b) contribute financial or other support to an employee organization. 2008, c. 15, s. 53 (1). Same (2) Nothing in subsection (1) shall be interpreted to deprive the Council, an employer or a person acting on behalf of the Council or an employer of the freedom to express views so long as coercion, intimidation, threats, promises or undue influence are not used. 2008, c. 15, s. 53 (2). Interference with employees rights prohibited (3) The Council, an employer or any person acting on behalf of the Council or an employer shall not, (a) refuse to employ or to continue to employ or discriminate against a person with rega…

54 (1) The Council, an employer and any person acting on behalf of the Council or an employer shall not, so long as an employee organization continues to be entitled to represent the members of a bargaining unit, bargain with or enter into a collective agreement with any person or another employee organization on behalf of or purporting, designed or intended to be binding on the members of the bargaining unit or any of them. 2008, c. 15, s. 54 (1). Same (2) No employee organization or person acting on behalf of an employee organization shall, so long as another employee organization continues to be entitled to represent the members of a bargaining unit, bargain with or enter into a collective agreement with the Council on behalf of or purporting, designed or intended to be binding on the members of the bargaining unit or any of them. 2008, c. 15, s. 54 (2).

55 No employee organization and no person acting on behalf of an employee organization shall participate in or interfere with the administration of the Council or contribute financial or other support to the Council. 2008, c. 15, s. 55.

56 An employee organization shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any employee, whether a member of the employee organization or not. 2008, c. 15, s. 56.

57 Where, under a collective agreement, an employee organization is engaged in the selection, referral, assignment, designation or scheduling of persons to employment, it shall not act in a manner that is arbitrary, discriminatory or in bad faith. 2008, c. 15, s. 57.

58 No person shall do any act if the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in a strike or lock-out that is unlawful under this Act. 2008, c. 15, s. 58.

59 No employee organization shall suspend, expel or penalize in any way an employee because the employee has refused to engage in or to continue to engage in a strike that is unlawful under this Act. 2008, c. 15, s. 59.

60 (1) The Council or an employer or any person acting on behalf of the Council or an employer shall not, (a) refuse to employ or continue to employ a person; (b) threaten dismissal or otherwise threaten a person; (c) discriminate against a person in regard to employment or a term or condition of employment; or (d) intimidate or coerce or impose a pecuniary or other penalty on a person,

because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required of the person in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or because the person has participated or is about to participate in a proceeding under this Act. 2008, c. 15, s. 60 (1). Same (2) No employee organization or person acting on behalf of an employee organization shall, (a) discriminate against a person in regard to employment or a term or condition of employment; or (b) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required of him or her in a proceeding under this Act or bec…

61 No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Ontario Labour Relations Board has required to be posted during the period that the notice is required to be posted. 2008, c. 15, s. 61.

PART VII Enforcement

62 (1) The Ontario Labour Relations Board may authorize a labour relations officer to inquire into any complaint alleging a contravention of this Act. 2008, c. 15, s. 62 (1). Duties (2) The labour relations officer shall forthwith inquire into the complaint and endeavour to effect a settlement of the matter complained of. 2008, c. 15, s. 62 (2). Report (3) The labour relations officer shall report the results of his or her inquiry and endeavours to the Board. 2008, c. 15, s. 62 (3). Remedy for discrimination (4) Where a labour relations officer is unable to effect a settlement of the matter complained of or where the Board in its discretion considers it advisable to dispense with an inquiry by a labour relations officer, the Board may inquire into the complaint of a contravention of this Act. 2008, c. 15, s. 62 (4). Same (5) Where the Board, after inquiring into a complaint under subsect…

63 (1) Every individual who contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $1,000 for each day on which the contravention occurs or continues. 2008, c. 15, s. 63 (1). Contravention of Act by employer or employee organization (2) The Council, every employer and every employee organization that contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for each day on which the contravention occurs or continues. 2008, c. 15, s. 63 (2). Contravention of decision, etc. (3) The contravention of a decision, order, determination, direction, declaration or ruling made under this Act is deemed, for the purposes of this section, to be a contravention of this Act. 2008, c. 15, s. 63 (3). Where officer guilty of offence (4) Where the Council, an employer or an emplo…

64 (1) Where the Ontario Labour Relations Board declares that an employee organization has called or authorized an unlawful strike or that the Council or an employer has called or authorized an unlawful lock-out and no collective agreement is in operation between the employee organization and the Council, the employee organization or the Council may, within 15 days of the release of the Board’s declaration, but not thereafter, notify the Council and, where relevant, the employer, or the employee organization, as the case may be, in writing of its intention to claim damages for the unlawful strike or lock-out, and the notice shall contain the name of its appointee to an arbitration board. 2008, c. 15, s. 64 (1). Appointment of arbitration board (2) The recipient of the notice shall within five days inform the sender of the notice of the name of its appointee to the arbitration board. 2008…

65 Every fine recovered for an offence under this Act shall be paid to the Minister of Finance and shall form part of the Consolidated Revenue Fund. 2008, c. 15, s. 65.

66 Where an employee organization, the Council or the employer is affected by a determination of the Ontario Labour Relations Board under section 62 or a direction of the Board under section 20 or a decision of an arbitrator or arbitration board, including a decision under section 64, proceedings to enforce the determination, direction or decision may be instituted in the Superior Court of Justice. 2008, c. 15, s. 66.

67 A proceeding under this Act by or against an employee organization and a prosecution of an employee organization for an offence under this Act may be in the name of the organization. 2008, c. 15, s. 67.

PART VIII MISCELLANEOUS

68 The records of an employee organization relating to membership or any records that may disclose whether a person is or is not a member of an employee organization or does or does not desire to be represented by an employee organization produced in a proceeding before the Ontario Labour Relations Board are for the exclusive use of the Board and its officers and shall not, except with the consent of the Board, be disclosed and no person shall, except with the consent of the Board be compelled to disclose whether a person is or is not a member of an employee organization or does or does not desire to be represented by an employee organization. 2008, c. 15, s. 68. Non-disclosure

69 (1) No information or material furnished to or received by a conciliation officer or a mediator, (a) under this Act; or (b) in the course of any endeavour made under this Act to effect a collective agreement,

shall be disclosed except to the Minister of Labour, the Deputy Minister of Labour, an Assistant Deputy Minister of Labour or the Director of Dispute Resolution Services. 2008, c. 15, s. 69 (1). Report of conciliation officer (2) Except as provided in section 7, no report of a conciliation officer shall be disclosed except to the Minister of Labour, the Deputy Minister of Labour, an Assistant Deputy Minister of Labour or the Director of Dispute Resolution Services. 2008, c. 15, s. 69 (2). Information from labour relations officers, etc. (3) Subject to subsection (5), no information or material furnished to or received by a labour relations officer or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Ontario Labour Relations Board or to the Director of Dispute Resolution Services. 2008, c. 15, s. 69 (3…

70 (1) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while being involved in an endeavour to effect a collective agreement: 1. The Minister of Labour. 2. A deputy minister of Labour. 3. An assistant deputy minister of Labour. 4. The Director of Dispute Resolution Services. 5. Any other person appointed by the Minister under this Act or authorized in writing by the Director of Dispute Resolution Services. 2008, c. 15, s. 70 (1). Same (2) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while acting within the scope of their employment under this Act: 1. The Director of Dispute Resolution Services. 2. A person appointed by the Minister of Labour under this Act …

71 If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a person is a member of a bargaining unit, the question may be referred to the Ontario Labour Relations Board and its decision thereon is final and binding for all purposes. 2008, c. 15, s. 71.

72 Where the Ontario Labour Relations Board so directs, an employee organization shall file with the Board, within the time prescribed in the direction, a copy of its constitution and by-laws, and a statement signed by its president or secretary setting out the names and addresses of its officers. 2008, c. 15, s. 72.

73 (1) Every employee organization shall, on the request of an employee that it represents, give the employee, without charge, a copy of the audited financial statement of its affairs to the end of its last fiscal year, certified by its treasurer or other officer responsible for the handling and administration of its funds to be a true copy. 2008, c. 15, s. 73 (1). Same (2) On the complaint of an employee that the employee organization has failed to comply with his or her request, the Ontario Labour Relations Board may direct the employee organization to, (a) file with the Board, within such time as the Board may determine, a copy of the audited financial statement of its affairs to the end of its last fiscal year, verified by the affidavit of its treasurer or other officer responsible for the handling and administration of its funds; and (b) give copies of the documents filed under clau…

74 Every employee organization that represents employees or applies to represent employees under this Act shall file with the Ontario Labour Relations Board a notice giving the name and address of a person in Ontario who is authorized by the employee organization to accept on its behalf service of process and notices under this Act, and service on the person named in such notice is good and sufficient service for the purposes of this Act on the employee organization that filed the notice. 2008, c. 15, s. 74.

75 Any act or thing done or omitted by an officer, official or agent of the Council, employer or employee organization within the apparent scope of his or her authority to act on behalf of the Council, employer or employee organization shall be deemed to be an act or thing done or omitted by the Council, employer or employee organization, as the case may be. 2008, c. 15, s. 75.

76 The Arbitration Act, 1991 does not apply to proceedings under this Act. 2008, c. 15, s. 76.