Reinstatement of employee
80. (1) Where an employee engaging in a lawful strike makes an unconditional application in writing to the employee's employer within six months from the commencement of the lawful strike to return to work, the employer shall, subject to subsection (2), reinstate the employee in the employee's former employment, on such terms as the employer and employee may agree upon, and the employer in offering terms of employment shall not discriminate against the employee for exercising or have exercised any rights under this Act.
Exceptions
(2) An employer is not required to reinstate an employee who has made an application to return to work in accordance with subsection (1),
(a) where the employer no longer has persons engaged in performing work of the same or similar nature to work which the employee performed prior to the employee's cessation of work; or
(b) where there has been a suspension or discontinuance for cause of an employer's operations, or any part thereof but, if the employer resumes such operations, the employer shall first reinstate those employees who have made an application under subsection (1). R.S.O. 1990, c. L.2, s. 75; 1995, c. 1, Sched., s. 80, in force November 10, 1995 (R.A.).
Unlawful strike
81. No trade union or council of trade unions shall call or authorize or threaten to call or authorize an unlawful strike and no officer, official or agent of a trade union or council of trade unions shall counsel, procure, support or encourage an unlawful strike or threaten an unlawful strike. R.S.O. 1990, c. L.2, s. 76; 1995, c. 1, Sched., s. 81, in force November 10, 1995 (R.A.).
Unlawful lock-out
82. No employer or employers' organization shall call or authorize or threaten to call or authorize an unlawful lock- out and no officer, official or agent of an employer or employers' organization shall counsel, procure, support or encourage an unlawful lock-out or threaten an unlawful lock- out. R.S.O. 1990, c. L.2, s. 77; 1995, c. 1, Sched., s. 82, in force November 10, 1995 (R.A.).
Causing unlawful strikes, lock-outs
83. (1) 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 an unlawful strike or an unlawful lock-out.
Application of subs. (1)
(2) Subsection (1) does not apply to any act done in connection with a lawful strike or lawful lock-out. R.S.O. 1990, c. L.2, s. 78; 1995, c. 1, Sched., s. 83, in force November 10, 1995.
Saving
84. Nothing in this Act prohibits any suspension or discontinuance for cause of an employer's operations or the quitting of employment for cause if the suspension, discontinuance or quitting does not constitute a lock-out or strike. R.S.O. 1990, c. L.2, s. 79; 1995, c. 1, Sched., s. 84, in force November 10, 1995 (R.A.).
Refusal to engage in unlawful strike
85. No trade union shall suspend, expel or penalize in any way a member because the member has refused to engage in or to continue to engage in a strike that is unlawful under this Act. R.S.O. 1990, c. L.2, s. 80; 1995, c. 1, Sched., s. 85, in force November 10, 1995 (R.A.).
Working conditions may not be altered
86. (1) Where notice has been given under section 16 or section 59 and no collective agreement is in operation, no employer shall, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty, of the employer, the trade union or the employees, and no trade union shall, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees,
(a) until the Minister has appointed a conciliation officer or a mediator under this Act, and,
(i) seven days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator, or
(ii) 14 days have elapsed after the Minister has released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board, as the case may be; or
(b) until the right of the trade union to represent the employees has been terminated,
whichever occurs first.
Same
(2) Where a trade union has applied for certification and notice thereof from the Board has been received by the employer, the employer shall not, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer or the employees until,
(a) the trade union has given notice under section 16, in which case subsection (1) applies; or
(b) the application for certification by the trade union is dismissed or terminated by the Board or withdrawn by the trade union.
Differences may be arbitrated
(3) Where notice has been given under section 59 and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) of this section was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation and section 48 applies with necessary modifications thereto. R.S.O. 1990, c. L.2, s. 81; 1995, c. 1, Sched., s. 86, in force November 10, 1995 (R.A.).
Protection of witnesses rights
87. (1) No employer, employers' organization or person acting on behalf of an employer or employers' organization shall,
(a) refuse to employ or continue to employ a person;
(b) threaten dismissal or otherwise threaten a person;
(c) discriminate against a person in regard to employment or a term or condition of employment; or
(d) intimidate or coerce or impose a pecuniary or other penalty on a person,
because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act.
Same
(2) No trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions shall,
(a) discriminate against a person in regard to employment or a term or condition of employment; or
(b) intimidate or coerce or impose a pecuniary or other penalty on a person,
because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act. R.S.O. 1990, c. L.2, s. 82; 1995, c. 1, Sched., s. 87, in force November 10, 1995 (R.A.).
Removal, etc., of posted notices
88. No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Board has required to be posted during the period that the notice is required to be posted. R.S.O. 1990, c. L.2, s. 83; 1995, c. 1, Sched., s. 88, in force November 10, 1995 (R.A.).
Trusteeship over local unions
89. (1) A provincial, national or international trade union that assumes supervision or control over a subordinate trade union, whereby the autonomy of such subordinate trade union, under the constitution or by-laws of the provincial, national or international trade union is suspended, shall, within 60 days after it has assumed supervision or control over the subordinate trade union, file with the Board a statement in the prescribed form, verified by the affidavit of its principal officers, setting out the terms under which supervision or control is to be exercised and it shall, upon the direction of the Board, file such additional information concerning such supervision and control as the Minister may from time to time require.
Duration of trusteeship
(2) Where a provincial, national or international trade union has assumed supervision or control over a subordinate trade union, such supervision or control shall not continue for more than 12 months from the date of such assumption, but such supervision or control may be continued for a further period of 12 months with the consent of the Board. R.S.O. 1990, c. L.2, s. 84; 1995, c. 1, Sched., s. 89, in force November 10, 1995 (R.A.).
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