ONTARIO | Labour Relations Act, SO 1995, c. 1, Sched. A |
Certification/De-certification | Certification A trade union may, where no other trade union has been so appointed, apply to be certified as the bargaining agent for the unit 7(1) Trade union must deliver a copy of the application for certification to the employer 7(11) The Board is to determine the appropriateness of a given unit for collective bargaining, and may conduct a vote to determine the wishes of the employees 9(1) Trade union not to be certified where an employer has participated in its formation or administration 15 De-certification If a trade union does not enter into a collective agreement within a year of being certified, the employees may apply to the Board to have its certification revoked 63(1) If the Board deems that 40% or more of the employees in a unit appear to have expressed a wish not to be represented by the trade union, the Board will direct a representation vote to be taken 63(5) |
Collective Bargaining Rules | Following certification, union shall
give employer notice of its desire to collectively bargain
16 Within 15 days of such notice, parties shall bargain in good faith and make every reasonable effort to make a collective agreement 17 Once notice has been given, either party may request to have a conciliation officer appointed 18(1) |
Dispute Resolution in Collective Agreements | Every collective agreement shall
provide for final and binding settlement by arbitration without
stoppage of work, including any question as to whether a matter is
arbitrable 48(1) Where a collective agreement does not have such a provision, it will be deemed to have that contained in 48(2) 48(2) Where the collective agreement fails to provide for arbitration, the Minister may upon request of any of the parties appoint the arbitrator 48(4) Arbitrator shall give a decision within 30 days after the hearings on the matter are submitted to arbitration are concluded 48(7) Parties may at any time refer a grievance to a single mediator-arbitrator for the purpose of resolving the grievance in an expeditious and informal manner 50(1) |
Conciliation | Once notice has been given, either
party may request to have a conciliation officer appointed
18(1) Where a conciliation officer has been appointed but no agreement has been reached after 15 months, a second conciliation officer may be appointed 18(4) Minster may, where a conciliation officer has been authorized, appoint, on request of the parties, a mediator selected by them 19(1) Where a conciliation officer fails to have the parties reach an agreement, the Minster shall either (a) recommend the appointment of respective members of a conciliation board, or (b) give notice of intent not to appoint a conciliation board 21 |
Strike / Lock-out Procedures | Every collective agreement shall
stipulate that there shall be no strikes or lock-outs during the
terms of the agreement 46 Employers and employees may not threaten to engage or engage in an unlawful strike 81-82 |
Unfair Labour Practices | Employers may not interfere with
unions 70 and Unions may not interfere with
employers' organizations 71 Employers not to: (a) refuse to employ or continue to employ, (b) impose any condition in a contract because of union involvement or (c) seek by threat or dismissal to compel an employee to remain or refrain from becoming a member of a union 72 No altering of terms of employment for employees connected to a unit once notice of collective bargaining has been given 86(1) |
Statutory Tribunal | Labour Relations Board Powers 111 The Board has the power
|
Take Note
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document
without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you
have any specific questions on any legal matter, you should consult a professional legal services provider.