Hospital Labour Disputes Arbitration Act

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Sections41

• 1Definitions

  1 (1) In this Act, “hospital” means any hospital, sanitarium, sanatorium, long-term care home or other institution operated for the observation, care or treatment of persons afflicted with or suffering from any physical or mental illness, disease or injury or for the observation, care or treatment of convalescent or chronically ill persons, whether or not it is granted aid out of moneys appropriated by the Legislature and whether or not it is operated for private gain; (“hôpital”) “hospital employee” means a person employed in the operation of a hospital; (“employé d’hôpital”) “Minister” means the Minister of Labour; (“ministre”) “party” means the trade union that is the bargaining agent for a bargaining unit of hospital employees, on the one hand, or the employers of such employees, on the other hand, and “parties” means the two of them. (“partie”, “parties”) R.S.O. 1990, c. H.14, s. 1 …

• 1.
• 1.1Canadian Blood Services

  1.1 (1) Canadian Blood Services shall be deemed to be a hospital for the purposes of this Act. 2018, c. 8, Sched. 12, s. 1 (1). Transition (2) If, on the day this section comes into force, the Minister has already released, or is deemed to have released under subsection 122 (2) of the Labour Relations Act, 1995, a notice to the parties under clause 21 (a) or (b) of that Act in respect of Canadian Blood Services in connection with the round of bargaining underway as of that day, the matters in dispute shall be decided in accordance with this Act. 2018, c. 8, Sched. 12, s. 1 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1.1 (2) of the Act is repealed. (See: 2018, c. 8, Sched. 12, s. 1 (2)) Same (3) If any employees of Canadian Blood Services are on strike on the day this section comes into force, the employees shall cease the strike. 2018, c. 8, Sch…

• 2.
• 2Application of Act

  2 (1) This Act applies to any hospital employees to whom the Labour Relations Act, 1995 applies, to the trade unions and councils of trade unions that act or purport to act for or on behalf of any such employees, and to the employers of such employees. R.S.O. 1990, c. H.14, s. 2 (1); 2000, c. 38, s. 39 (2). Application of Labour Relations Act, 1995 (2) Except as modified by this Act, the Labour Relations Act, 1995 applies to any hospital employees to whom this Act applies, to the trade unions and councils of trade unions that act or purport to act for or on behalf of any such employees, and to the employers of such employees. R.S.O. 1990, c. H.14, s. 2 (2); 2000, c. 38, s. 39 (3). Act does not apply to Crown employees (3) This Act does not apply to Crown employees as defined in the Crown Employees Collective Bargaining Act, 1993. 1993, c. 38, s. 66. Section Amendments with date in force …

• 3.
• 3Notice of no collective agreement

  3 (1) Subject to subsection (3), if a conciliation officer appointed under section 18 of the Labour Relations Act, 1995 is unable to effect a collective agreement within the time allowed under section 20 of that Act, 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. 1997, c. 21, Sched. A, s. 4 (1); 2000, c. 38, s. 39 (4); 2001, c. 9, Sched. C, s. 2 (1). Reference to OLRB (2) The Minister may refer to the Ontario Labour Relations Board any question which in his or her opinion relates to the exercise of his or her power under subsection (1) and the Board shall report its decision on the question. 1992, c. 21, s. 62. Non-application (3) Subsection (1) and sections 4 to 17 do not apply to hospital employees, the trade unions and counci…

• 4.
• 4Arbitration

  4 Where the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, the matters in dispute between the parties shall be decided by arbitration in accordance with this Act. R.S.O. 1990, c. H.14, s. 4.

• 5.
• 5Appointment of single arbitrator

  5 (1) Where the parties agree to have the matters in dispute between them decided by a single arbitrator, they shall, within the time set out in subsection 6 (1), jointly appoint a person who agreed to act. R.S.O. 1990, c. H.14, s. 5 (1). Single arbitrator’s powers (2) The person so appointed shall constitute the board of arbitration for the purposes of this Act and he or she shall have the powers and duties of the chair of a board of arbitration. R.S.O. 1990, c. H.14, s. 5 (2). Notice to Minister (3) As soon as the parties appoint a person to act as a single arbitrator, they shall notify the Minister of the name and address of the person appointed. R.S.O. 1990, c. H.14, s. 5 (3).

• 6.
• 6Appointment of board of arbitration

  6 (1) Within seven days after the day upon which the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, each of the parties shall appoint to a board of arbitration a member who has agreed to act. R.S.O. 1990, c. H.14, s. 6 (1). 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. R.S.O. 1990, c. H.14, s. 6 (2). Failure to appoint member (3) Where a party fails to appoint a member of a board of arbitration within the period or periods mentioned in subsection (1), the Minister, upon the written request of either of the parties, shall appoint such member. R.S.O. 1990, c. H.14, s. 6 (3). Third member (4) Within ten days after the day on which the second of the members was appointed, the two members appointed by or o…

• 7.
• 7Appointment or proceedings of board not subject to review

  7 Where a person has been appointed as a single arbitrator or the three members have been appointed to a board of arbitration, it shall be presumed conclusively that the board has been established in accordance with this Act and no application shall be made, taken or heard for judicial review or to question the establishment of the board or the appointment of the member or members, or to review, prohibit or restrain any of its proceedings. R.S.O. 1990, c. H.14, s. 7.

• 8.
• 8Single arbitration of several disputes

  8 (1) Where there are matters in dispute between parties to be decided by more than one arbitration in accordance with this Act, the parties may agree in writing that the matters in dispute shall be decided by one board of arbitration. R.S.O. 1990, c. H.14, s. 8 (1). Parties (2) For the purposes of section 6, the trade unions and councils of trade unions that are the bargaining agents for or on behalf of any hospital employees to whom this Act applies shall be one party and the employers of such employees shall be the other party. R.S.O. 1990, c. H.14, s. 8 (2). Powers of board (3) In an arbitration to which this section applies, the board may, in addition to the powers conferred upon a board of arbitration by this Act, (a) make a decision on matters of common dispute between all of the parties; and (b) refer matters of particular dispute to the parties concerned for further bargaining. …

• 9.
• 9Duty of board

  9 (1) The board of arbitration shall examine into and decide on matters that are in dispute and any other matters that appear to the board necessary to be decided in order to conclude a collective agreement between the parties, but the board shall not decide any matters that come within the jurisdiction of the Ontario Labour Relations Board. R.S.O. 1990, c. H.14, s. 9 (1). Criteria (1.1) In making a decision or award, the board of arbitration shall take into consideration all factors it considers relevant, including the following criteria: 1. The employer’s ability to pay in light of its fiscal situation. 2. The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased. 3. The economic situation in Ontario and in the municipality where the hospital is located. 4. A comparison, as between the employees and …

• 9.1Remuneration and expenses

  9.1 (1) The remuneration and expenses of the members of a board of arbitration shall be paid as follows: 1. A party shall pay the remuneration and expenses of a member appointed by or on behalf of the party. 2. Each party shall pay one-half of the chair’s remuneration and expenses. 1993, c. 32, s. 3. Transition (2) Subsection (1) does not apply if the Minister gives notice under section 3 before July 1, 1993. 1993, c. 32, s. 3. Section Amendments with date in force (d/m/y) 1993, c. 32, s. 3 - 14/12/1993

• 10.
• 9.2Delegation

  9.2 (1) The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act. 1997, c. 21, Sched. A, s. 4 (8). Proof of appointment (2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it. 1997, c. 21, Sched. A, s. 4 (8). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 4 (8) - 29/10/1997

• 10Where agreement reached

  10 (1) Where, during the bargaining under this Act or during the proceedings before the board of arbitration, the parties agree on all the matters to be included in a collective agreement, they shall put them in writing and shall execute the document, and thereupon it constitutes a collective agreement under the Labour Relations Act, 1995. R.S.O. 1990, c. H.14, s. 10 (1); 2000, c. 38, s. 39 (6). Failure to make agreement (2) If the parties fail to put the terms of all the matters agreed upon by them in writing or if having put the terms of their agreement in writing either of them fails to execute the document within seven days after it was executed by the other of them, they shall be deemed not to have made a collective agreement, and the provisions of sections 3 and 4 or sections 6 and 9, as the case may be, shall apply. R.S.O. 1990, c. H.14, s. 10 (2). Decision of board (3) Where, dur…

• 11.
• 11Strikes and lock-outs prohibited

  11 (1) Despite anything in the Labour Relations Act, 1995, no hospital employees to whom this Act applies shall strike and no employer of such employees shall lock them out. R.S.O. 1990, c. H.14, s. 11 (1); 1997, c. 21, Sched. A, s. 4 (9). 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 as amended or re-enacted from time to time apply with necessary modifications under this Act as if such sections were enacted in and form part of this Act. R.S.O. 1990, c. H.14, s. 11 (2); 1997, c. 21, Sched. A, s. 4 (10). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 4 (9, 10) - 29/10/1997

• 12.
• 12Timeliness of representation applications

  12 (1) Despite section 67 of the Labour Relations Act, 1995, where a trade union that has been certified as bargaining agent for a bargaining unit of employees of a hospital has given to the employer of such employees notice under section 16 of that Act and the Minister has appointed a conciliation officer, an application for a declaration that the trade union no longer represents the employees in the bargaining unit determined in the certificate may be made only in accordance with subsection 63 (2) of the Labour Relations Act, 1995. R.S.O. 1990, c. H.14, s. 12 (1); 1997, c. 21, Sched. A, s. 4 (11). Idem (2) Despite section 67 of the Labour Relations Act, 1995, where notice has been given under section 59 of that Act by or to a trade union that is the bargaining agent for a bargaining unit of employees of a hospital to or by the employer of such employees and the Minister has appointed a…

• 13.
• 13Working conditions may not be altered

  13 Despite subsection 86 (1) of the Labour Relations Act, 1995, if notice has been given under section 16 or 59 of that Act by or to a trade union that is the bargaining agent for a bargaining unit of hospital employees to which this Act applies to or by the employer of such employees and no collective agreement is in operation, no such employer shall, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees, and no such trade union shall, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees, until the right of the trade union to represent the employees has been terminated. R.S.O. 1990, c. H.14, s. 13; 1997, c. 21, Sched. A, s. 4 (13). Secti…

• 14.
• 14Offences

  14 Except where inconsistent with this Act, sections 104, 105, 106, 107 and 109 of the Labour Relations Act, 1995, as amended or re-enacted from time to time, apply with necessary modifications under this Act as if such sections were enacted in and form part of this Act. R.S.O. 1990, c. H.14, s. 14; 1997, c. 21, Sched. A, s. 4 (14). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 4 (14) - 29/10/1997

• 15.
• 15Mailed notice

  15 A notice by the Minister that a conciliation officer has been unable to effect a collective agreement if sent by mail to a party addressed to the party at its last known address shall be deemed to have been received on the second day after the day on which the notice was so mailed. R.S.O. 1990, c. H.14, s. 15.

• 16.
• 16Filing of decisions

  16 Every chair of a board of arbitration shall file a copy of every decision of the board with the Minister. R.S.O. 1990, c. H.14, s. 16.

• 17.
• 17Existing proceedings discontinued

  17 (1) Proceedings before an arbitrator or arbitration board under this Act commenced before the date on which subsection 4 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. 1997, c. 21, Sched. A, s. 4 (15). Exception, completed proceedings (2) This section does not apply with respect to proceedings commenced before June 3, 1997 if, (a) a final decision is issued on or before June 3, 1997; or (b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 4 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force. 1997, c. 21, Sched. A, s. 4 (15). Exception, by agreement (3) This section does not apply if the parties agree in writing after the date on which subsection 4 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force to co…

• 18.
• 18Procedure

  18 The Statutory Powers Procedure Act does not apply to proceedings before a board of arbitration established under this Act. R.S.O. 1990, c. H.14, s. 18; 1994, c. 27, s. 59. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 59 - 01/04/1995

• 19.
• 19Regulations

  19 The Lieutenant Governor in Council may make regulations, (a) providing for and regulating the engagement of experts, investigators and other assistants by boards of arbitration; (b) providing for and fixing the remuneration and expenses of chairs and other members of boards of arbitration; (c) prescribing rules of practice and procedure; (d) prescribing forms and providing for their use; (e) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. H.14, s. 19. ______________