150. (1) If benefits are provided under an employment benefit plan primarily to members of one local trade union or to their dependants or beneficiaries, the local trade union is entitled to appoint at least a majority of the trustees who administer the plan, excluding the trustees who are appointed by employers.
Same, more than one local trade union
(2) If benefits are provided under such a plan primarily to members of more than one local trade union or to their dependants or beneficiaries, those local trade unions are entitled together to appoint at least a majority of the trustees who administer the plan, excluding the trustees who are appointed by employers.
Same, members outside Ontario
(3) If, in the circumstances described in subsection (2), benefits are provided to members outside of Ontario or to their dependants or beneficiaries, the local trade unions are entitled together to appoint that proportion of the trustees (excluding trustees appointed by employers) that corresponds to the proportion that the members in Ontario of the local trade unions bear to the total number of members participating in the plan.
Effect of agreement
(4) Subsections (1), (2) and (3) apply despite any provision to the contrary in any agreement or other document.
Appointment process
(5) Unless otherwise agreed by the interested local trade unions, the appointment of trustees under subsection (2) or (3) shall be determined by a majority vote of those local trade unions voting, with each local trade union being entitled to cast a single ballot.
Definition
(6) In this section,
"employment benefit plan" means a plan that provides any type of benefit to an individual or his or her dependants or beneficiaries because of the individual's employment or his or her membership in a trade union and includes a pension plan or another arrangement whereby money is contributed by or on behalf of the individual for retirement purposes. 1993, c. 36, s. 2; 1995, c. 1, Sched., s. 150, in force November 10, 1995 (R.A.).
Definitions
151. (1) In this section and in sections 144 and 152 to 168,
"affiliated bargaining agent" means a bargaining agent that, according to established trade union practice in the construction industry, represents employees who commonly bargain separately and apart from other employees and is subordinate or directly related to, or is, a provincial, national or international trade union, and includes an employee bargaining agency; ("agent n‚gociateur affili‚")
"bargaining", except when used in reference to an affiliated bargaining agent, means province-wide, multi-employer bargaining in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126; ("n‚gociation")
"employee bargaining agency" means an organization of affiliated bargaining agents that are subordinate or directly related to she same provincial, national or international trade union, and that may include the parent or related provincial, national or international trade union, formed for purposes that include the representation of affiliated bargaining agents in bargaining and which may be a single provincial, national or international trade union; ("organisme n‚gociateur syndical")
"employer bargaining agency" means an employers' organization or group of employers' organizations formed for purposes that include the representation of employers in bargaining; ("organisme n‚gociateur patronal")
"provincial agreement" means an agreement in writing covering the whole of the Province of Ontario between a designated or accredited employer bargaining agency that represents employers, on the one hand, and a designated or certified employee bargaining agency that represents affiliated bargaining agents, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer bargaining agency, the employers represented by the employer bargaining agency and for whose employees the affiliated bargaining agents hold bargaining rights, the affiliated bargaining agents represented by the employee bargaining agency, or the employees represented by the affiliated bargaining agents and employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126. ("convention provinciale") R.S.O. 1990, c. L.2, s. 139 (1); 1991, c. 56, s. 1; 1993, c. 27, Sched.; 1995, c. 1, Sched., s. 151 (1), in force November 10, 1995 (R.A.).
Deemed recognition of affiliated bargaining agents
(2) Where an employer is represented by a designated or accredited employer bargaining agency, the employer shall be deemed to have recognized all of the affiliated bargaining agents represented by a designated or certified employee bargaining agency that bargains with the employer bargaining agency as the bargaining agents for the purpose of collective bargaining in their respective geographic jurisdictions in respect of the employees of the employer employed in the industrial, commercial or institutional sector of the construction industry, referred to in the definition of "sector" in section 126, except those employees for whom a trade union other than one of the affiliated bargaining agents holds bargaining rights. R.S.O. 1990, c. L.2, s. 139 (2); 1993, c. 27, Sched.; 1995, c. 1, Sched., s. 151 (2), in force November 10, 1995 (R.A.).
Conflict
152. Where there is conflict between any provision in sections 153 to 167 and any provision in sections 7 to 63 and 68 to 144, the provisions in sections 153 to 167 prevail. R.S.O. 1990, c. L.2, s. 140; 1995, c. 1, Sched., s. 152, in force November 10, 1995 (R.A.).
Designation by Minister
153. (1) The Minister may, upon such terms and conditions as the Minister considers appropriate,
(a) designate employee bargaining agencies to represent in bargaining provincial units of affiliated bargaining agents, and describe those provincial units;
(b) despite an accreditation of an employers' organization as the bargaining agent of employers, designate employer bargaining agencies to represent in bargaining provincial units of employers for whose employees affiliated bargaining agents hold bargaining rights, and describe those provincial units.
Exclusion of certain bargaining relationships
(2) Where affiliated bargaining agents that are subordinate or directly related to the different provincial, national or international trade unions bargain as a council of trade unions with a single employer bargaining agency for a province-wide collective agreement, the Minister may exclude such bargaining relationships from the designations made under subsection (1), and subsection 162 (2) shall not apply to such exclusion.
Minister may convene conference
(3) Where a designation is not made by the Minister of an employee bargaining agency or an employer bargaining agency under subsection (1) within 60 days after October 27, 1977, the Minister may convene a conference of trade unions, councils of trade unions, employers and employers' organizations, as the case may be, for the purpose of obtaining recommendations with respect to the making of a designation.
Reference of question
(4) The Minister may refer to the Board any question that arises concerning a designation, or any terms or conditions therein, and the Board shall report to the Minister its decision on the question.
Minister may alter, etc., designation
(5) Subject to sections 154 and 155, the Minister may alter, revoke or amend any designation from time to time and may make another designation.
Non-application
(6) The Regulations Act does not apply to a designation made under subsection (1). R.S.O. 1990, c. L.2, s. 141; 1995, c. 1, Sched., s. 153, in force November 10, 1995 (R.A.).
Application to Board by employee bargaining agency
154. (1) During the period between the 120th and the 180th days prior to the termination of a provincial agreement, an employee bargaining agency, whether designated or not, may apply to the Board to be certified to represent in bargaining a provincial unit of affiliated bargaining agents.
Certification by Board
(2) Where the Board is satisfied that a majority of the affiliated bargaining agents falling within the provincial unit is represented by the employee bargaining agency and that the majority of affiliated bargaining agents holds bargaining rights for a majority of employees that would be bound by a provincial agreement, the Board shall certify the employee bargaining agency. R.S.O. 1990, c. L.2, s. 142; 1995, c. 1, Sched., s. 154, in force November 10, 1995 (R.A.).
Application to Board by employer bargaining agency
155. (1) During the period between the 120th and the 180th days prior to the termination of a provincial agreement, an employer bargaining agency, whether designated or not, may apply to the Board to be accredited to represent in bargaining a provincial unit of employers for whose employees affiliated bargaining agents hold bargaining rights.
Accreditation by Board
(2) Where the Board is satisfied that a majority of employers, falling within the provincial unit is represented by the employer bargaining agency and that the majority of employers employ a majority of the employees for whom the affiliated bargaining agents hold bargaining rights, the Board shall accredit the employer bargaining agency. R.S.O. 1990, c. L.2, s. 143; 1995, c. 1, Sched., s. 155, in force November 10, 1995 (R.A.).
Employee bargaining agencies, vesting of rights, etc.
156. Where an employee bargaining agency has been designated under section 153 or certified under section 154 to represent a provincial unit of affiliated bargaining agents, all rights, duties and obligations under this Act of the affiliated bargaining agents for which it bargains shall vest in the employee bargaining agency, but only for the purpose of conducting bargaining and, subject to the ratification procedures of the employee bargaining agency, concluding a provincial agreement. R.S.O. 1990, c. L.21 s. 144; 1995, c. 1, Sched., s. 156, in force November 10, 1995 (R.A.).
Employer bargaining agencies, vesting of rights, etc.
157. Where an employer bargaining agency has been designated under section 153 or accredited under section 155 to represent a provincial unit of employers,
(a) all rights, duties and obligations under this Act of employers for which it bargains shall vest in the employer bargaining agency, but only for the purpose of conducting bargaining and concluding a provincial agreement; and
(b) an accreditation heretofore made under section 136 of an employers' organization as bargaining agent of the employers in the industrial, commercial and institutional sector of the construction industry, referred to in the definition of "sector" in section 126, represented or to be represented by the employer bargaining agency is null and void from the time of such designation under section 153 or accreditation under section 155. R.S.O. 1990, c. L.2, s. 145; 1995, c. 1, Sched., s. 157, in force November 10, 1995 (R.A.).
Application for certification in the industrial, commercial and institutional sector
158. (1) An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 shall be brought by either,
(a) an employee bargaining agency; or
(b) one or more affiliated bargaining agents of the employee bargaining agency,
on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition. R.S.O. 1990, c. L.2, s. 146 (1); 1995, c. 1, Sched., s. 158 (1), in force November 10, 1995 (R.A.).
Saving
(2) Despite subsection 128 (1), a trade union represented by an employee bargaining agency may bring an application for certification in relation to a unit of employees employed in all sectors of a geographic area other than the industrial, commercial and institutional sector and the unit shall be deemed to be a unit of employees appropriate for collective bargaining. R.S.O. 1990, c. L.2, s. 146 (3); 1993, c. 27, Sched.; 1995, c. 1, Sched., s. 158 (2), in force November 10, 1995 (R.A.).
Voluntary recognition agreements
(3) A voluntary recognition agreement in so far as it relates to the industrial, commercial and institutional sector of the construction industry shall be between an employer on the one hand and either,
(a) an employee bargaining agency;
(b) one or more affiliated bargaining agents represented by an employee bargaining agency; or
(c) a council of trade unions on behalf of one or more affiliated bargaining agents affiliated with the council of trade unions,
on the other hand, and shall be deemed to be on behalf of all the affiliated bargaining agents of the employee bargaining agency and the defined bargaining unit in the agreement shall include those employees who would be bound by a provincial agreement.
Exception
(4) Despite subsections (1) and (3), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf. R.S.O. 1990, c. L.2, s. 146 (4, 5); 1995, c. 1, Sched., s. 158 (3, 4), in force November 10, 1995 (R.A.).
Voting constituency
159. (1) The Board shall determine the voting constituency to be used for a representation vote.
Direction for representation vote
(2) If the Board determines that 40 per cent or more of the individuals in the bargaining unit proposed in the application for certification appear to be members of the trade unions at the time the application was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency.
Subss. 8 (3-9) apply
(3) Subsections 8 (3) to (9) apply with respect to the powers of the Board and the representation vote. 1995, c. 1, Sched., s. 159, in force November 10, 1995 (R.A.).
Certification after representation vote
160. (1) The Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.
Subs. 10 (2) applies
(2) Subsection 10 (2) applies with necessary modifications with respect to a certification under this section.
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 the employee bargaining agency or the affiliated bargaining agent or agents to certify the trade unions as bargaining agent for the employees in the bargaining unit until one year has elapsed after the dismissal. 1995, c. 1, Sched., s. 160, in force November 10, 1995 (R.A.).
Termination of collective agreement
161. (1) Subject to subsection (2), any collective agreement in operation on October 27, 1977 in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 and represented by affiliated bargaining agents is enforceable by and binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision respecting its renewal.
Same
(2) Despite subsection 58 (1), every collective agreement in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 and represented by affiliated bargaining agents entered into after January 1, 1977 and before April 30, 1978 shall be deemed to expire not later than April 30, 1978, regardless of any provision respecting its term of operation or its renewal.
Provincial agreement binding
(3) Where any collective agreement mentioned in subsection (1) ceases to operate, the affiliated bargaining agent, the employer and the employees for whom the affiliated bargaining agent holds bargaining rights shall be bound by the provincial agreement made between an employee bargaining agency representing the affiliated bargaining agent and the employer bargaining agency representing the employer.
Same
(4) After April 30, 1978, where an affiliated bargaining agent obtains bargaining rights through certification or voluntary recognition in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126, the employer, the affiliated bargaining agent, and the employees for whom the affiliated bargaining agent has obtained bargaining rights are bound by the provincial agreement made between an employee bargaining agency representing the affiliated bargaining agent and an employer bargaining agency representing a provincial unit of employers in which the employer would have been included.
When provincial agreement ceases to operate
(5) Despite subsection 58 (1), where, under the provisions of this section, an employer, affiliated bargaining agent or employees become bound by a provincial agreement after the agreement has commenced to operate, the agreement ceases to be binding on the employer, affiliated bargaining agent or employees in accordance with the terms thereof. R.S.O. 1990, c. L.2, s. 147; 1995, c. 1, Sched., s. 161, in force November 10, 1995 (R.A.).
Agency shall make only one agreement
162. (1) An employee bargaining agency and an employer bargaining agency shall make only one provincial agreement for each provincial unit that it represents. R.S.O. 1990, c. L.2, s. 148 (1); 1995, c. 1, Sched., s. 162 (1), in force November 10, 1995 (R.A.).
No agreement other than provincial agreement
(2) Subject to sections 153 and 161, no person, employee, trade union, council of trade unions, affiliated bargaining agent, employee bargaining agency, employer, employers' organization, group of employers' organizations or employer bargaining agency shall bargain for, attempt to bargain for, or conclude any collective agreement or other arrangement affecting employees represented by affiliated bargaining agents other than a provincial agreement as contemplated by subsection (1), and any collective agreement or other arrangement that does not comply with subsection (1) is null and void. R.S.O. 1990, c. L.2, s. 148 (2); 1995, c. 1, Sched., s. 162 (2), in force November 10, 1995 (R.A.).
Expiry of provincial agreement
(3) Every provincial agreement shall provide for the expiry of the agreement on April 30 calculated triennially from April 30, 1992. 1991, c. 56, s. 2; 1995, c. 1, Sched., s. 162 (3), in force November 10, 1995 (R.A.).
Non-application of s. 57
163. (1) Section 57 does not apply to a designated or accredited employer bargaining agency or a designated or certified employee bargaining agency.
Provincial agreement binding
(2) A provincial agreement is, subject to and for the purposes of this Act, binding upon the employer bargaining agency, the employers represented by the employer bargaining agency, the employee bargaining agency, the affiliated bargaining agents represented by the employee bargaining agency, the employees represented by the affiliated bargaining agents and employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126, and upon such employers, affiliated bargaining agents and employees as may be subsequently bound by the said agreement.
Parties
(3) Any employee bargaining agency, affiliated bargaining agent, employer bargaining agency and employer bound by a provincial agreement shall be considered to be a party for the purposes of section 133. R.S.O. 1990, c. L.2, s. 149; 1995, c. 1, Sched., s. 163, in force November 10, 1995 (R.A.).
Calling of strikes
164. (1) Where an employee bargaining agency desires to call or authorize a lawful strike, all of the affiliated bargaining agents it represents shall call or authorize the strike in respect of all the employees represented by all affiliated bargaining agents affected thereby in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126, and no affiliated bargaining agent shall call or authorize a strike of the employees except in accordance with this subsection. R.S.O. 1990, c. L.2, s. 150 (1); 1995, c. 1, Sched., s. 164 (1), in force November 10, 1995 (R.A.).
Calling of lock-outs
(2) Where an employer bargaining agency desires to call or authorize a lawful lock-out, all employers it represents shall call or authorize the lock-out in respect of all employees employed by such employers and represented by all the affiliated bargaining agents affected thereby in the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126 and no employer shall lock out the employees except in accordance with this subsection. R.S.O. 1990, c. L.2, s. 150 (2); 1995, c. 1, Sched., s. 164 (2), in force November 10, 1995 (R.A.).
Who may vote, employees
165. (1) Where an employee bargaining agency or an affiliated bargaining agent conducts a strike vote relating to a provincial bargaining unit or a vote to ratify a proposed provincial agreement, the only persons entitled to cast ballots in the vote shall be,
(a) employees in the provincial bargaining unit on the date the vote is conducted; and
(b) persons who are members of the affiliated bargaining agent or employee bargaining agency and who are not employed in any employment,
(i) on the day the vote is conducted, if the vote is conducted at a time when there is no strike or lock-out relating to the provincial bargaining unit, or
(ii) on the day before the commencement of the strike or lock-out, if the vote is conducted during a strike or lock-out relating to the provincial bargaining unit.
Same, employers
(2) Where an employer bargaining agency or employers' organization conducts a lock-out vote relating to a provincial bargaining unit or a vote to ratify a proposed provincial agreement, the only employers entitled to cast ballots in the vote shall be employers represented by the employer bargaining agency or employers' organization that employed,
(a) on the day the vote is conducted, if the vote is conducted at a time when there is no strike or lock- out relating to the provincial bargaining unit; or
(b) on the day before the commencement of the strike or lock-out, if the vote is conducted during a strike or lock-out relating to the provincial bargaining unit,
employees who are represented by the employee bargaining agency or an affiliated bargaining agent that would be affected by the lock-out or would be bound by the provincial agreement. R.S.O. 1990, c. L.2, s. 152 (1, 2); 1995, c. 1, Sched., s. 165 (1, 2), in force November 10, 1995 (R.A.).
No counting until all voting completed
(3) In a vote to ratify a proposed provincial agreement, no ballots shall be counted until the voting is completed throughout the province. 1991, c. 56, s. 3 (1); 1995, c. 1, Sched., s. 165 (3), in force November 10, 1995 (R.A.).
Certification of compliance
(4) Within five days after a vote is completed, the employee bargaining agency, affiliated bargaining agent, employers organization or employer bargaining agency conducting the vote, as the case may be, shall file with the Minister a declaration in the prescribed form certifying the result of the vote and that it took reasonable steps to secure compliance with subsection (1) or (2), as the case may be, and with subsection (3). R.S.O. 1990, c. L.2, s. 152 (3); 1991, c. 56, s. 3 (2); 1995, c. 1, Sched., s. 165 (4), in force November 10, 1995 (R.A.).
Complaints
(5) Where a complaint is made to the Minister that subsection (1), (2) or (3) has been contravened and that the result of a vote has been affected materially thereby, the Minister may, in the Minister's discretion, refer the matter to the Board. R.S.O. 1990, c. L.2, s. 152 (4); 1991, c. 56, s. 3 (3); 1995, c. 1, Sched., s. 165 (5), in force November 10, 1995 (R.A.).
Same
(6) No complaint alleging a contravention of this section shall be made except as may be referred to the Board under subsection (5).
Same
(7) No complaint shall be considered by the Minister unless it is received within 10 days after the vote is completed. R.S.O. 1990, c. L.2, s. 152 (5, 6); 1995, c. 1, Sched., s. 165 (6, 7), in force November 10, 1995 (R.A).
Declaration and direction by Board
(8) Where, upon a matter being referred to the Board, the Board is satisfied that subsection (1), (2) or (3) has been contravened and that such contravention has affected materially the results of a vote, the Board may so declare and it may direct what action, if any, a person, employer, employers' organization, affiliated bargaining agent, employee bargaining agency or employer bargaining agency shall do or refrain from doing with respect to the vote and the provincial agreement or any related matter and such declaration or direction shall have effect from and after the day the declaration or direction is made. R.S.O. 1990, c. L.2, s. 152 (7); 1991, c. 56, s. 3 (4); 1995, c. 1, Sched., s. 165 (8), in force November 10, 1995 (R.A.).
Power of Board
166. The Board shall, upon the application of a trade union, a council of trade unions, or an employer or employers' organization, determine any question that arises as to whether work performed or to be performed by employees is within the industrial, commercial and institutional sector of the construction industry referred to in the definition of "sector" in section 126. R.S.O. 1990, c. L.2, s. 153; 1995, c. 1, Sched., s. 166, in force November 10, 1995 (R.A.).
Bargaining agency not to act in bad faith, etc.
167. (1) A designated or certified employee bargaining agency shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of the affiliated bargaining agents in the provincial unit of affiliated bargaining agents for which it bargains, whether members of the designated or certified employee bargaining agency or not and in the representation of employees, whether members of an affiliated bargaining agent or not.
Same
(2) A designated or accredited employer bargaining agency shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employers in the provincial unit of employers for which it bargains, whether members of the designated or accredited employer bargaining agency or not. R.S.O. 1990, c. 1.2, s. 154; 1995, c. 1, Sched., s. 167, in force November 10, 1995 (R.A.).
Corporation to facilitate ICI bargaining
168. (1) This section applies with respect to a corporation established under a regulation under this section or under a predecessor to this section. 1991, c. 56, s. 4 (1); 1995, c. 1, Sched., s. 168 (1), in force November 10, 1995 (R.A.).
Objects
(2) The objects of the corporation are to facilitate collective bargaining in, and otherwise assist, the industrial, commercial and institutional sector of the construction industry including,
(a) collecting, analyzing and disseminating information concerning collective bargaining and economic conditions in the industrial, commercial and institutional sector of the construction industry;
(b) holding conferences involving representatives of the employer bargaining agencies and the employee bargaining agencies; and
(c) carrying out such additional objects as are prescribed.
Not agency of Crown
(3) The corporation is not an agency of the Crown.
Members of corporation
(4) The members of the corporation shall be appointed in the prescribed manner and shall consist of equal numbers of representatives of labour, management and the Government of Ontario.
Board of directors
(5) The board of directors of the corporation shall be composed of all the members of the corporation.
Funding of corporation
(6) The employer bargaining agencies and the employee bargaining agencies shall make payments to the corporation in accordance with the regulations.
If non-payment
(7) The corporation may make a complaint to the Board alleging a contravention of subsection (6) and section 96 applies with respect to such a complaint.
Regulations
(8) The Lieutenant Governor in Council may make regulations,
(a) establishing a corporation without share capital;
(b) governing the corporation including,
(i) providing for its dissolution,
(ii) governing the appointment of members, and
(iii) prescribing additional objects;
(c) governing the payments to be made to the corporation by the employer bargaining agencies and the employee bargaining agencies including prescribing methods for determining the payments.
Same
(9) A regulation made under subclause (8) (b) (ii) may provide for the selection, by persons or organizations, of persons to be appointed as members. 1991, c. 56, s. 4 (2-9); 1995, c. 1, Sched., s. 168 (2-9), in force November 10, 1995 (R.A.).
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Last Modified: September 21, 1996
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