INDEX The following references appear with their corresponding page numbers throughout the Ontario Labour Relations Act Quick Reference 2017 Edition A Application. for certification, 8, 28, 41, 75, 95. for decertification, 10, 75, 95. most frequently heard, 16. termination of bargaining rights, 95, 99, 125. under other statutes, 15 Arbitration See Collective bargaining procedure B Bargaining unit, 36. appropriate, 36. statutory limitations, 38. viable, 37 C Certification See Unions acquiring bargaining rights Changing workplaces review, 13 Collective agreement. part I: overview, 73.. binding effect, 74.. contents of, Labour Relations Act, 171.. minimum term of agreement, 75.. negotiation of, Labour Relations Act, 155.. operation of, Labour Relations Act, 184.. permissive provisions, 74.. required provisions, 73.. union membership and dues deduction, 73. part II: rights arbitration and medication-arbitration under a collective agreement, 75.. consensual arbitration, 75.. expedited arbitration, 78.. mediation-arbitration, 78 Collective bargaining procedure. conciliation where parties unable to reach collective agreement, 59.. conciliation officers only have power of persuasion, 59 399
Ontario Labour Relations Act Quick Reference Collective bargaining procedure (cont d).. minister has rarely used power to appoint conciliation board, 60.. no board report, 60. duty to bargain in good faith, 56. final offer vote, 61. first agreement arbitration, 61. mediation, 60. notice in writing to employer by union once certified, 55. ratification vote, 60. right to collective bargaining, 62. statutory freeze of terms and conditions of employment, 55. statutory timetable for negotiations, 55. strikes and lock-outs, 64 Conciliation See Collective bargaining procedure Construction industry. accreditation, 129. appropriate bargaining unit, 118. certification, 119.. time bars, 128. changes to certification procedures, 120. conciliation, 127. defined, 117. grievance referrals in the construction industry, 131. jurisdictional disputes, 127. Labour Relations Act, 241. project agreements, 132. province-wide bargaining in the ICI sector, 130. residential sector, 132, 272. sector and geographic certification, 117. strike and ratification votes, 129. termination of bargaining rights, 125.. non-construction employers, 125. time bars to certification applications, 128. unique because of craft unions, 117 D Decertification application See Termination of bargaining rights Declarations by OLRB See Enforcement E 400
Index Employer free speech See Union acquiring bargaining rights Enforcement. damages for unlawful strike, 112.. fines, 113. declarations by OLRB, 111. inquiry by labour relations officer, 111. Labour Relations Act, 214. prosecution, 112 F Freedom of association, case law developments, 23.. essential services and right to strike, 25.. statatory limit on public sector wages, 24 I Introduction. Broader Public Sector Accountability Act (BPSAA), xi.. wage restraint in public sector, xi. construction industry, open periods (Bill 18), x. Labour Relations Act, viii.. employees rights to choose or reject trade union, viii.. expeditious resolution of workplace disputes, viii.. regulates relationship between trade unions and employers, viii.. union organizing campaign, rules of conduct during, viii.. unionized workplace, operation of, viii. Minister Kevin Flynn, ix. non-unionized workplace, viii.. individual employment relationships, viii.. withdrawal of services viewed as quitting, viii.. wrongful dismissal claims, viii. Ontario Labour Relations Board, ix.. Bernie Fishbein, ix.. Peter Gallus, ix.. Tim Parker, ix.. under new management, ix. public sector spending restraint, x. unionized workplace, viii.. collective bargaining setting out terms and conditions of employment, viii 401
Ontario Labour Relations Act Quick Reference Introduction (cont d)... common law proceeding for termination of employment, loss of right, viii.. collective bargaining on behalf of bargaining unit, viii.. reinstatement of employment through grievance procedure, viii.. right to strike, viii J Jurisdiction of OLRB. administration of OLRB, Labour Relations Act, 225. appointments to OLRB, 15. authority to determine own practices and procedures, 15. competency of another tribunal or administrative body, 17.. collateral attack, rule of, 17.. Hydro One Inc, 17. decisions of the OLRB, 14. discretion to consolidate bargaining units, 39. Labour Relations Officer, 15. Labour Relations Amendment Act (Ontario Labour Relations Board), 2012, (Bill 84, First Reading), 14.. right to appeal Board decisions, 14. mandating statutes, 15. most frequently heard applications, 16. powers and duties of, 116. remedies to unfair labour practices, 90. rules of procedure, 115, 339.. additional rules for specific applications, 357... rule 12 - first collective agreement arbitration, 357... rule 13 - jurisdictional disputes (non-construction), 359... rule 14 - successor rights - trade union, 360... rule 15 - applications under section 69 and/or subsection 1(4) - sale of a business/related employer, 361... rule 16 - duty of fair representation and fair referral applications, 362... rule 17 - ministerial or director references, 363... rule 18 - requests for reconsideration, 363... rule 19 - applications for interim order, 364 402
Index Jurisdiction of OLRB (cont d)... rule 20 - applications under the Public Sector Labour Relations Transition Act, 1997, 365... rule 21 - applications under the Employment Standards Act and the Employment Protection for Foreign Nationals Act (Live-In Caregivers and Others), 2009, 367... rule 22 - applications under section 61 of the Occupational Health and Safety Act, 369.. certification and termination applications and representation votes, 352... rule 9 - certification, 352... rule 10 - termination of bargaining rights under section 63 of the Act, 354... rule 11 - representation votes, 356.. commencement of proceedings, 346... rule 6 - commencement - delivery and filing, 346... rule 7 - application and responses - delivery and filing, 349... rule 8 - documents - delivery and filing, 351.. construction industry, 371... rule 23 - accreditation and termination of accreditation, 371... rule 24 - filing and delivering, 373... rule 25 - certification, 374... rule 26 - termination of bargaining rights under section 63 or 132 of the Act, 377... rule 27 - termination of bargaining rights under section 127.2 of the Act (non-construction employer), 380... rule 28 - jurisdictional disputes (construction), 381... rule 29 - sector dispute, 382.. general matters, 342... rule 1 - application, interpretation, conflicts and definitions, 342... rule 2 - non-compliance, 344... rule 3 - time, 345... rule 4 - constitutional challenges, 346 403
Ontario Labour Relations Act Quick Reference Jurisdiction of OLRB (cont d)... rule 5 - obligation to make allegations promptly, 346.. grievance referrals in the construction industry, 382... rule 30 - definitions, 383... rule 31 - fees, 383... rule 32 - consequences of failing to pay fees, 384... rule 33 - notice to accredited employers organizations and to employee bargaining agency in the ICI sector, 384... rule 34 - applications under section 133 of the Act, 385... rule 35 - request for hearing and notice of intent to defend or participate, 386... rule 36 - where responding party defaults, 387... rule 37 - responses, 387.. hearing procedures and administration, 3, 388... rule 38 - hearing procedures, 388... rule 39 - dismissal without a hearing or consultation, 389... rule 40 - administration, 389... rule 41 - expedited proceedings, 390.. how to use, 342.. other forms and information bulletins, 391.. transition provisions, 391... rule 42 - transition, 391 L Labour Relations Act (LRA). administration (ss. 110-118.1), 225. certain professionals deemed not to be employees, 39. Changing Workplaces Review, 13. construction industry (ss. 126-150), 241.. residential sector (ss. 150.1-150.6), 272. contents of collective agreements (ss. 45-52), 171. definitions (s. 1), 135. enforcement (ss. 96-109), 214. establishment of bargaining rights by certification (ss. 7-15), 141. freedoms (ss. 5, 6), 140. general (ss. 119-125), 235. history, 1 404
Index Labour Relations Act (LRA) (cont d).. first half of the 20th century, 2... Winnipeg General Strike, 4.. World War II and the arrival of Canadian labour legislation, 6... Collective Bargaining Act, 6... Labour Court, 7... Ontario Labour Relations Board, 7. information (ss. 90-95), 211. jurisdiction of Ontario Labour Relations Board, 14. locals under trusteeship (ss. 89), 211. negotiation of collective agreements (ss. 16-44), 155. operation of collective agreements (ss. 53-61), 184. province-wide bargaining (ss. 151-168), 279. purposes and application of Act (ss. 2-4), 138.. non-application, 139.. purposes, 138. recent changes, 8.. Bob Rae, 8... social contract legislation, 8.. Dalton McGuinty, 11... Labour Relations Statute Law Amendment Act, 2004 (Bill 144), 11.. Mike Harris, 8... Bill 31, 9... Labour Relations Amendment Act, 2000 (Bill 139), 9... Labour Relations Amendment Act (Construction Industry), 2000 (Bill 69), 10... Wal-Mart in Windsor, 9. regulations.. Ont. Reg. 105/01 - Deemed Abandonment of Bargaining Rights, 318.. Ont. Reg. 187/93 - Ontario Construction Secretariat, 325.. Ont. Reg. 522/05 - Arbitration - Residential Sector of the Construction Industry, 330.. Ont. Reg. 98/16 - Deemed Abandonment of Bargaining Rights - Sarnia Working Agreement, 333.. Ont. Reg. 94/07 - General, 327 405
Ontario Labour Relations Act Quick Reference Labour Relations Act (LRA) (cont d). residential sector of the construction industry (ss. 150.1-150.6), 272. successor rights (ss. 68-69), 197. termination of bargaining rights (ss. 62-66), 189. timeliness of representation applications (s. 67), 195. unfair practices (ss. 70-88), 202. who is covered, 18.. aboriginal right of selfgovernment not a bar to coverage, 18.. does not apply to members of police forces, firefighters, teachers, provincial employees and community college employees, 18.. other excluded employees, 20.. private agreements, 19 Labour Relations Officer (LRO). employed by OLRB, 15 Lock-outs See Strikes and lockouts M Mediation See Collective bargaining procedure N No board report See also Strikes and lock-outs. issued by Minister to indicate conciliation board will not be appointed, 60 O Ontario Labour Relations Board (OLRB) See Enforcement and See Jurisdiction of OLRB and See Rules of Procedure of OLRB Picketing, 69 P R Rand Formula See also Collective agreement. automatic deduction of union dues from payroll, 7. Justice Ivan Rand, 7 Regulations Labour Relations Act Rules of procedure of OLRB See also Enforcement; See under Jurisdiction of OLRB. forms, 115. most recent, 115 406
Index. powers and duties of the OLRB, 116 S Sale of business. definition of sale, 93. related employer, 96. successor employer obligations, 95. successor unions and union mergers, 98, 197 Statutory freeze See Collective bargaining procedure Strikes and lock-outs. damages for unlawful strike, 69. mandatory strike vote, 64. no board report, 65. picketing, 69.. bargaining unit members, 70.. when employer may apply for injunctive relief from the courts, 70.. when employer may apply for relief from OLRB, 69. prohibited during term of collective agreement, 64. reinstatement of striking employees, 67. replacement workers, 66. unlawful strikes and lockouts, 68 T Termination of bargaining rights. Labour Relations Act, 189. part I: overview, 99.. application by anyone, 105.. application by employees, 101.. failure to bargain, 105.. fraud, 105.. if collective agreement for a term greater than three years, 100.. if collective agreement for a term of three years or less, 100.. if no collective agreement entered into, 99.. open periods for decertification, 99.. simultaneous decertification and first contract applications, 106.. voluntary recognition, 101. part II: information, 106.. collective agreements to be filed, 107.. constitution to be filed, 108.. information to be posted, 106.. union disclosure, 108 407
Ontario Labour Relations Act Quick Reference Trade unions See Unions acquiring bargaining rights U Unfair labour practices. employer free speech, 86. employer interference with union, 82. generally, 81. interference, 82. intimidation and coercion, 85. OLRB remedies to, 90. Labour Relations Act, 202. particular obligations of unions, 83. respect for bargaining rights, 85. statutory freeze, 87. strike-breaking misconduct, 89. union interference with employers organizations, 83 Unions acquiring bargaining rights. appropriate bargaining unit, 36.. factors taken into consideration by OLRB, 37. certain professionals deemed not to be employees, 39. certification process, 41.. application, 41.. bar to reapplying, 52.. certification when the Labour Relations Act is contravened, 49.. Confirmation of Filing Application, 41.. employer challenge, 47.. employer posting requirements, 42.. employer response, 43.. interim certificate, 48.. Labour Relations Act, 141.. majority support, 48.. Ontario Labour Relations Board directions, 44... date of vote, 45... sealing of ballot box, 45... segregation of ballots, 45... voting constituency, 45.. representation vote, 45.. timely application, 42. discretion of OLRB to consolidate bargaining units, 39. employer free speech, 31. organizing drive, 29. right of access to a workplace, 36. security guards and other special groups, 40. trade union defined, 27. trade union status, 27 408
Index Unions acquiring bargaining rights (cont d). union persuasion, 34.. salesmenship, 34.. unlawful tactics, 35. voluntary recognition versus certification, 28 409