Certification where Act contravened
11. (1) Upon the application of a trade union, the Board may order another representation vote in the following circumstances:
1. An employer, employers' organization or person acting on behalf of an employer or employers' organization has contravened the Act.
2. he result of the contravention is that a prior representation vote did not likely reflect the true wishes of the employees in the bargaining unit about being represented by the trade union.
3. Repealed. 1998, c. 8, s. 5(3)
4. The trade union has membership support adequate for the purposes of collective bargaining in a bargaining unit found by the Board to be appropriate for collective bargaining.
No certification where Act contravened
(2) Upon the application of an interested person, the Board may order another representation vote in the following circumstances:
1. A trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions has contravened the Act.
2. The result of the contravention is that a prior representation vote did not likely reflect the true wishes of the employees in the bargaining unit about being represented by the trade union.
3. Repealed. 1998, c. 8, s. 5(6)
Use of prior representation vote
(3) The Board may consider the results of a prior representation vote when making a decision under this section.
Effect of prior representation vote
(4) Subsections 10 (1) and (2) do not apply with respect to a prior representation vote if a new representation vote is ordered under this section.
Additional power
(5) Without restricting its powers under section 96, the Board may do anything to ensure that a new representation vote ordered under this section reflects the true wishes of the employees in the bargaining unit. 1995, c. 1, Sched., s. 11, in force November 10, 1995 (R.A.); 1998, c. 8, s. 5
Certification of councils of trade unions
12. (1) Sections 7 to 15, 126 and 128 apply with necessary modifications to an application for certification by a council of trade unions, but, before the Board certifies such a council as bargaining agent for the employees of an employer in a bargaining unit, the Board shall satisfy itself that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.
Postponement of disposition
(2) Where the Board is of opinion that appropriate authority has not been vested in the applicant, the Board may postpone disposition of the application to enable the constituent unions to vest such additional or other authority as the Board considers necessary. R.S.O. 1990, c. L.2, s. 10 (1, 2); 1995, c. 1, Sched., s. 12 (1, 2), in force November 10, 1995 (R.A.).
Membership
(3) For the purposes of sections 7 and 8, a person who is a member of any constituent trade union of a council shall be deemed by the Board to be a member of the council. R.S.O. 1990, c. L.2, s. 10 (3); 1995, c. 1, Sched., s. 12 (3), in force November 10, 1995 (R.A.).
Right of access
13. Where employees of an employer reside on the property of the employer, or on property to which the employer has the right to control access, the employer shall, upon a direction from the Board, allow the representative of a trade union access to the property on which the employees reside for the purpose of attempting to persuade the employees to join a trade union. R.S.O. 1990, c. L.2, s. 11; 1995, c. 1, Sched., s. 13, in force November 10, 1995 (R.A.).
Security guards
14. (1) This section applies with respect to guards who monitor other employees or who protect the property of an employer.
Trade union with members other than guards, etc.
(2) Unless the employer notifies the Board that it objects, a trade union that admits to membership persons who are not guards or that is chartered by or affiliated with an organization that does so may be certified as the bargaining agent for a bargaining unit composed solely of guards.
Mixed bargaining unit
(3) Unless the employer notifies the Board that it objects, a bargaining unit may include guards and persons who are not guards.
If objection
(4) If the employer objects, the trade union must satisfy the Board that no conflict of interest would result from the trade union becoming the bargaining agent or from including persons other than guards in the bargaining unit.
Conflict of interest
(5) The Board shall consider the following factors in determining whether a conflict of interest would result:
1. The extent of the guards' duties monitoring other employees of their employer or protecting their employer's property.
2. Any other duties or responsibilities of the guards that might give rise to a conflict of interest.
3. Such other factors as the Board considers relevant.
Certification
(6) If the Board is satisfied that no conflict of interest would result, the Board may certify the trade union to represent the bargaining unit. 1995, c. 1, Sched., s. 14, in force November 10, 1995 (R.A.).
What unions not to be certified
15. The Board shall not certify a trade union if any employer or any employers' organization has participated in its formation or administration or has contributed financial or other support to it or if it discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code or the Canadian Charter of Rights and Freedoms. R.S.O. 1990, c. L.2, s. 13; 1995, c. 1, Sched., s. 15, in force November 10, 1995 (R.A.).
Notice of desire to bargain
16. Following certification or the voluntary recognition by the employer of the trade union as the bargaining agent for the employees in the bargaining unit, the trade union shall give the employer written notice of its desire to bargain with a view to making a collective agreement. 1995, c. 1, Sched., s. 16, in force November 10, 1995 (R.A.).
Obligation to bargain
17. The parties shall meet within 15 days from the giving of the notice or within such further period as the parties agree up,on and they shall bargain in good faith and make every reasonable effort to make a collective agreement. R.S.O. 1990, c. L.2, s. 15; 1995, c. 1, Sched., s. 17, in force November 10, 1995 (R.A.).
Appointment of conciliation officer, where notice given
18. (1) Where notice has been given under section 16 or 59, the Minister, upon the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.
Same, where no notice given
(2) Despite the failure of a trade union to give written notice under section 16 or the failure of either party to give written notice under sections 59 and 131, where the parties have met and bargained, the Minister, upon the request of either party, may appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.
Same, voluntary recognition
(3) Where an employer and a 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, the Minister may, upon the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.
Second conciliation
(4) Despite anything in this Act, where the Minister has appointed a conciliation officer or a mediator and the parties have failed to enter into a collective agreement within 15 months from the date of such appointment, the Minister may, upon the joint request of the parties, again appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement, and, upon the appointment being made, sections 19 to 36 and 79 to 86 apply, but the appointment is not a bar to an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit. R.S.O. 1990, c. L.2, s. 16; 1995, c. 1, Sched., s. 18, in force November 10, 1995 (R.A.).
Appointment of mediator
19. (1) Where the Minister is required or authorized to appoint a conciliation officer, the Minister may, on the request in writing of the parties, appoint a mediator selected by them jointly before he or she has appointed a conciliation board or has informed the parties that he or she does not consider it advisable to appoint a conciliation board.
Same
(2) Where the Minister has appointed a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is thereby terminated. R.S.O. 1990, c. L.2, s. 17; 1995, c. 1, Sched., s. 19, in force November 10, 1995 (R.A.).
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Last Modified: September 2, 1998
