Canada: Labour Law - Ontario

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP
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
  • To exercise the powers and perform the duties conferred or imposed on it by the Act
  • Require any party to furnish evidence or testimony
  • Require a party to produce documents
  • Summon and enforce attendance of witnesses and compel them to provide evidence
  • Administer oaths and affirmations
  • Enter any premises of employer and conduct representation votes, strike votes and ratification votes during working hours
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.

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