Labour Relations Act, R.S.O. 1990, C. L.2

Français

Labour Relations Act

R.S.O. 1990, CHAPTER L.2

Note: This Act was repealed on November 10, 1995. See: 1995, c.1, s.1(2).

Amended by: 1991, c.56; 1992, c.21, ss.2-57; 1993, c.27, Sched.; 1993, c.36; 1993, c.38, s.67; 1994, c.6, s.27; 1995, c.1, s.1(2).

Definitions

1. (1) In this Act,

“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers; (“association patronale accréditée”)

“bargaining unit” means a unit of employees appropriate for collective bargaining, whether it is an employer unit or a plant unit or a subdivision of either of them; (“unité de négociation”)

“Board” means the Ontario Labour Relations Board; (“Commission”)

“certified council of trade unions” means a council of trade unions that is certified under this Act as the bargaining agent for a bargaining unit of employees of an employer; (“conseil de syndicats accrédité”)

“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union that, or a council of trade unions that, represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union or the employees, and includes a provincial agreement; (“convention collective”)

“construction industry” means the businesses that are engaged in 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; (“industrie de la construction”)

“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions; (“conseil de syndicats”)

“dependent contractor” means a person, whether or not employed under a contract of employment, and whether or not furnishing tools, vehicles, equipment, machinery, material, or any other thing owned by the dependent contractor, who performs work or services for another person for compensation or reward on such terms and conditions that the dependent contractor is in a position of economic dependence upon, and under an obligation to perform duties for, that person more closely resembling the relationship of an employee than that of an independent contractor; (“entrepreneur dépendant”)

“employee” includes a dependent contractor; (“employé”)

“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes an accredited employers’ organization and a designated or accredited employer bargaining agency; (“association patronale”)

“lock-out” includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of employees, with a view to compel or induce the employees, or to aid another employer to compel or induce that employer’s employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, an employers’ organization, the trade union, or the employees; (“lock-out”)

“Minister” means the Minister of Labour; (“ministre”)

“professional engineer” means an employee who is a member of the engineering profession entitled to practise in Ontario and employed in a professional capacity; (“ingénieur”)

“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output; (“grève”)

“trade union” means an organization of employees formed for purposes that include the regulation of relations between employees and employers and includes a provincial, national, or international trade union, a certified council of trade unions and a designated or certified employee bargaining agency. (“syndicat”) R.S.O. 1990, c.L.2, s.1(1); 1992, c.21, s.2(1); 1993, c.27, Sched.

Idem

(2) For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of the person’s ceasing to work for the person’s employer as the result of a lock-out or strike or by reason only of being dismissed by the person’s employer contrary to this Act or to a collective agreement. R.S.O. 1990, c.L.2, s.1(2).

Exclusion re employee

(3) For the purposes of this Act, no person shall be deemed to be an employee who, in the opinion of the Board, exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations. 1992, c.21, s.2(2).

Voluntary recognition

(3.1) For the purposes of this Act, voluntary recognition of a trade union is considered to occur when an employer and the trade union agree that the employer recognizes the trade union as the exclusive bargaining agent of the employees in a defined bargaining unit and the agreement is in writing signed by the parties.

Idem

(3.2) For the purposes of this Act, the date on which voluntary recognition is considered to occur is the date on which the employer and the trade union sign the agreement described in subsection (3.1). 1992, c.21, s.2(3).

Related activities or businesses

(4) Where, in the opinion of the Board, associated or related activities or businesses are carried on, whether or not simultaneously, by or through more than one corporation, individual, firm, syndicate or association or any combination thereof, under common control or direction, the Board may, upon the application of any person, trade union or council of trade unions concerned, treat the corporations, individuals, firms, syndicates or associations or any combination thereof as constituting one employer for the purposes of this Act and grant such relief, by way of declaration or otherwise, as it may deem appropriate.

Duty of respondents

(5) Where, in an application made pursuant to subsection (4), it is alleged that more than one corporation, individual, firm, syndicate or association or any combination thereof are or were under common control or direction, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation. R.S.O. 1990, c.L.2, s.1(4,5).

Application and Purposes of the Act

Application of Act

2. (1) This Act does not apply,

. . . . .

(b)to a person employed in agriculture, hunting or trapping;

(c)to a person, other than an employee of a municipality or a person employed in silviculture, who is employed in horticulture by an employer whose primary business is agriculture or horticulture;

(d)to a member of a police force within the meaning of the Police Services Act;

(e)to a full-time firefighter within the meaning of the Fire Departments Act;

(f)to a teacher as defined in the School Boards and Teachers Collective Negotiations Act, except as provided in that Act;

(g)to a physician to whom the Ontario Medical Association Dues Act, 1991 applies or to an intern or a resident described in subsection 1(2) of that Act;

(h)to a member of the Ontario Provincial Police Force;

(i)to an employee within the meaning of the Colleges Collective Bargaining Act;

(j)to a provincial judge;

(k)to a person employed as a labour mediator or labour conciliator;

(l)to a person employed in a minister’s office in a position confidential to a minister of the Crown; or

(m)to a person who regularly provides advice to Cabinet, a minister of the Crown or a deputy minister on employment-related legislation that directly affects the terms and conditions of employment of employees in the public sector as it is defined in subsection 1(1) of the Pay Equity Act. R.S.O. 1990, c.L.2, s.2; 1992, c.21, s.4(1-3); 1993, c.38, s.67(1); 1994, c.6, s.27(1).

(2) REPEALED: 1994, c.6, s.27(2).

Application of Act to Crown employees modified

2.0.1 (1) The modifications described in the Crown Employees Collective Bargaining Act, 1993 apply for the application of this Act with respect to Crown employees as defined in the Crown Employees Collective Bargaining Act, 1993.

Same

(2) Despite clauses 2(1)(b) and (c), this Act applies to Crown employees who are persons described in those clauses. 1993, c.38, s.67(2), part.

Crown bound

2.0.2 This Act binds the Crown. 1993, c.38, s.67(2), part.

Purposes

2.1 The following are the purposes of this Act:

1.To ensure that workers can freely exercise the right to organize by protecting the right of employees to choose, join and be represented by a trade union of their choice and to participate in the lawful activities of the trade union.

2.To encourage the process of collective bargaining so as to enhance,

i.the ability of employees to negotiate terms and conditions of employment with their employer,

ii.the extension of co-operative approaches between employers and trade unions in adapting to changes in the economy, developing work force skills and promoting workplace productivity, and

iii.increased employee participation in the workplace.

3.To promote harmonious labour relations, industrial stability and the ongoing settlement of differences between employers and trade unions.

4.To provide for effective, fair and expeditious methods of dispute resolution. 1992, c.21, s.5, part.

Freedoms

Membership in trade union

3. Every person is free to join a trade union of the person’s own choice and to participate in its lawful activities. R.S.O. 1990, c.L.2, s.3.

Membership in employers’ organization

4. Every person is free to join an employers’ organization of the person’s own choice and to participate in its lawful activities. R.S.O. 1990, c.L.2, s.4.

Establishment of Bargaining Rights by Certification

Application for certification

5. (1) Where no trade union has been certified as bargaining agent of the employees of an employer in a unit that a trade union claims to be appropriate for collective bargaining and the employees in the unit are not bound by a collective agreement, a trade union may, subject to section 62, apply at any time to the Board for certification as bargaining agent of the employees in the unit.

Idem

(2) Where a trade union has been certified as bargaining agent of the employees of an employer in a bargaining unit and has not entered into a collective agreement with the employer and no declaration has been made by the Board that the trade union no longer represents the employees in the bargaining unit, another trade union may, subject to section 62, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit determined in the certificate only after the expiration of one year from the date of the certificate. R.S.O. 1990, c.L.2, s.5(1,2).

Idem

(3) If the parties have not entered into a collective agreement after voluntary recognition of the trade union has occurred and the Board has not made a declaration under section 61, another trade union may, subject to section 62, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the recognition agreement only after the expiration of one year from the date on which voluntary recognition occurred. 1992, c.21, s.6.

Idem

(4) Where a collective agreement is for a term of not more than three years, a trade union may, subject to section 62, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last two months of its operation.

Idem

(5) Where a collective agreement is for a term of more than three years, a trade union may, subject to section 62, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the thirty-fifth month of its operation and before the commencement of the thirty-seventh month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be.

Idem

(6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a 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, a trade union may, subject to section 62, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be. R.S.O. 1990, c.L.2, s.5(4-6).

Board to determine appropriateness of units

6. (1) Subject to subsection (2), upon an application for certification, the Board shall determine the unit of employees that is appropriate for collective bargaining, but in every case the unit shall consist of more than one employee and the Board may, before determining the unit, conduct a vote of any of the employees of the employer for the purpose of ascertaining the wishes of the employees as to the appropriateness of the unit.

Certification pending resolution of composition of bargaining unit

(2) Where, upon an application for certification, the Board is satisfied that any dispute as to the composition of the bargaining unit cannot affect the trade union’s right to certification, the Board may certify the trade union as the bargaining agent pending the final resolution of the composition of the bargaining unit. R.S.O. 1990, c.L.2, s.6(1,2).

Full-time and part-time employees

(2.1) A bargaining unit consisting of full-time employees and part-time employees shall be deemed by the Board to be a unit of employees appropriate for collective bargaining.

Separate full-time and part-time units

(2.2) Despite subsection (2.1), the Board shall determine that separate bargaining units for full-time and for part-time employees are appropriate if it is satisfied that less than 55 per cent of the employees in a single unit of full-time and part-time employees are members of the trade union on the date the union applies for certification or have applied to become members on or before that date. However, the Board may determine that one bargaining unit consisting of both full-time and part-time employees is appropriate if establishing two units would result in a unit consisting of only one employee.

Non-application

(2.3) Subsections (2.1) and (2.2) do not apply with respect to bargaining units of employees described in subsection (3) or bargaining units in the construction industry.

Combining full-time and part-time units

(2.4) On an application for certification to which subsection (2.2) applies, the Board shall combine the bargaining units for full-time and for part-time employees into one bargaining unit if it is satisfied that the trade union could otherwise be certified as the bargaining agent for the employees in each of the bargaining units separately.

Existing bargaining unit

(2.5) Despite subsections (2.1) and (2.2), the Board may determine that separate bargaining units for full-time and for part-time employees are appropriate if the trade union applying for certification or another trade union is the bargaining agent for either the full-time or the part-time employees. 1992, c.21, s.7(1).

Crafts units

(3) Any group of employees who exercise technical skills or who are members of a craft by reason of which they are distinguishable from the other employees and commonly bargain separately and apart from other employees through a trade union that according to established trade union practice pertains to such skills or crafts shall be deemed by the Board to be a unit appropriate for collective bargaining if the application is made by a trade union pertaining to the skills or craft, and the Board may include in the unit persons who according to established trade union practice are commonly associated in their work and bargaining with the group, but the Board shall not be required to apply this subsection where the group of employees is included in a bargaining unit represented by another bargaining agent at the time the application is made. R.S.O. 1990, c.L.2, s.6(3).

Members of professions

(4) Subsections (4.1) and (4.2) apply with respect to employees who are entitled to practise one of the following professions in Ontario and who are employed in their professional capacity:

1.Architecture.

2.Dentistry.

3.Engineering.

4.Land Surveying.

5.Law.

Idem, bargaining unit

(4.1) A bargaining unit consisting solely of employees who are members of the same profession shall be deemed by the Board to be a unit of employees appropriate for collective bargaining.

Idem

(4.2) Despite subsection (4.1), the Board may include the employees described in subsection (4.1) in a bargaining unit with other employees if the Board is satisfied that a majority of the employees described in subsection (4.1) wish to be included in the bargaining unit. 1992, c.21, s.7(2).

Dependent contractors

(5) A bargaining unit consisting solely of dependent contractors shall be deemed by the Board to be a unit of employees appropriate for collective bargaining but the Board may include dependent contractors in a bargaining unit with other employees if the Board is satisfied that a majority of the dependent contractors wish to be included in the bargaining unit. R.S.O. 1990, c.L.2, s.6(5).

Security guards

(6) A bargaining unit consisting solely of guards who monitor other employees shall be deemed by the Board to be a unit of employees appropriate for collective bargaining,

(a)if the applicant trade union or the employer requests that the Board do so; and

(b)if the Board is satisfied that the monitoring of other employees would give rise to a conflict of interest if the guards were included in a bargaining unit with the employees they monitor.

Idem

(7) The Board may include other guards in the bargaining unit described in subsection (6). 1992, c.21, s.7(3).

Combining bargaining units

7. (1) On application by the employer or trade union, the Board may combine two or more bargaining units consisting of employees of an employer into a single bargaining unit if the employees in each of the bargaining units are represented by the same trade union.

Idem, application for certification

(2) On an application under subsection (1) that is considered together with an application for certification, the Board may do the following:

1.Combine the bargaining unit to which the certification application relates with one or more existing bargaining units if the certification application is made by the trade union that represents the employees in those existing bargaining units.

2.Combine the bargaining unit to which the certification application relates with other proposed bargaining units if the certification application is made by the trade union applying for certification for the other proposed bargaining units.

3.Combine the bargaining unit to which the certification application relates with both existing and proposed bargaining units if the certification application is made by the trade union that represents the employees in those existing bargaining units and that has applied for certification for the other proposed bargaining units.

Factors to consider

(3) The Board may take into account such factors as it considers appropriate and shall consider the extent to which combining the bargaining units,

(a)would facilitate viable and stable collective bargaining;