(4) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation.
2008, c. 15, s. 29 (15). 2008, c. 15, s. 27 (3). (b) dismiss the application for certification if no other remedy would be sufficient to counter the effects of the contravention. see (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 the continuation of the collective agreement may be terminated by either party on 30 days notice to the other party. (5) Where a collective agreement is for a term of more than three years, an employee organization may apply to the Ontario Labour Relations Board for certification as bargaining agent of the members of the bargaining unit only after the commencement of the 34th month of its operation and before the commencement of the 37th month of its operation and during the three-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last three months of its operation, as the case may be. 2008, c. 15, s. 17 (2). (13) If an employee organization withdraws the application after the representation vote is taken, the Board shall not consider another application for certification by any employee organization as the bargaining agent of any member of the bargaining unit that was the subject of the original application until one year after the original application is withdrawn. 2008, c. 15, s. 56. (3) Where both the Council and an employer are recipients of the notice, the Council shall meet the obligations of subsection (2) on behalf of itself and the employer. (11) An employee organization that is determined by the Board under subsection (5) or (9) to be the bargaining agent for the members of a bargaining unit 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 that bargaining unit. 80 No proceeding under this Act is invalid by reason of any defect of form or any technical irregularity and no proceeding shall be quashed or set aside if no substantial wrong or miscarriage of justice has occurred. 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.
Visit Collective Bargaining Ontario: Interactive Analytics, our digital and interactive reporting website to access the most up-to-date collective bargaining information.. Our collective bargaining reports give you an overview of collective bargaining activity in Ontario… (5) The applicant shall not give the information referred to in subsection (4) to the Council, the employer or the employee organization. Introduction. (10) When making a decision on an application, the Board shall not consider any challenge to the information provided under subsection 38 (4). 7 min read Following through on a consultation process that was kicked off on April 4, 2019, the Ontario government has introduced legislation that, if passed, would significantly impact most broader public sector employers.
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. (a) there is no collective agreement in operation between the Council and the employee organization that represents the employees; (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. 2008, c. 15, s. 28 (5).
(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 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. 2008, c. 15, s. 5 (1). 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. (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. (8) An application for certification may be withdrawn by the applicant on such conditions as the Board may determine. 2008, c. 15, s. 54 (1).
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. 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. (4) An order under subsection (2) may be made despite section 31 or subsection 32 (2). 2008, c. 15, s. 26 (2). Includes activities engaged in for example, constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site.
(a) governing the assignment of arbitrators to conduct arbitrations and the carrying out and completion of the assignments; (b) providing for and prescribing a scale of fees and expenses allowable to arbitrators in respect of arbitrations and limiting or restricting the application of such a regulation; (c) providing a procedure for the review and determination of disputes concerning the fees and expenses charged or claimed by an arbitrator; (d) governing the filing of schedules of fees and expenses by arbitrators, requiring arbitrators to provide parties with a copy of the schedules on being appointed and requiring arbitrators to charge fees and expenses in accordance with the filed schedules; (e) respecting training programs for arbitrators; (f) governing the conduct of arbitration hearings and prescribing procedures for them; (g) requiring the filing with the Ministry of Labour of awards of arbitrators and arbitration boards; (h) prescribing forms and providing for their use, including the form in which documents shall be filed in the Superior Court of Justice; (i) respecting the delivery of notice and other documents under this Act, including when notice and other documents are received; (j) providing for transitional matters that the Lieutenant Governor in Council considers advisable to facilitate implementation of this Act or to deal with problems or issues arising as a result of the repeal of the Colleges Collective Bargaining Act 2008, c. 15, s. 29 (7). 2008, c. 15, s. 28 (14). Declarations: unlawful strike or lock-out. 2008, c. 15, s. 30 (2).
(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 years, only after the commencement of the 34th month of its operation and before the commencement of the 37th month of its operation and during the three-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last three months of its operation, as the case may be; (c) in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last three months of each year that it so continues to operate or after the commencement of the last three months of its operation, as the case may be. 2008, c. 15, s. 5 (2). 2008, c. 15, s. 31 (5). 2008, c. 15, s. 47 (1). 2008, c. 15, s. 33 (3).
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