CECBA Collective Bargaining and Essential Services

AuthorTimothy Hadwen - David Strang - Leonard Marvy - Don Eady
ProfessionDirector, Legal Services Branch, Ontario Ministry of Labour - Associate Director, Management Board Secretariat - Solicitor, Ontario Labour Relations Board - Partner, Paliare Roland Rosenberg Rothstein LLP
 
CECBA Colleive Bargaining and
Essential Services
e Crown Employees Collective Bargaining Act collective bargaining and essen-
tial-serv ices scheme applies to the barga ining units for which t rade unions are
certied under CECBA.CECBA incorporates the collec tive bargaining and inter-
est dispute resolution provisions of the Labour Re lations Act in their entire ty,
subject only to the explic it modications and addit ions contained in CECBA.
CECBA, Part II, sets out t he modications to the provisions of the LRA.CECBA
Part III —Col lective Bargaining, a nd Part IV— Essential Ser vices contain addi-
tions to the LRA scheme.
Under the Public Service Act, collective agreements and interest arbitration
awards made in accordance with CECBA “shall be implemented by the Lieuten-
ant Governor in Council by order in counci l.”
Picketing issues a re not addressed in CECBA, but there are some aspec ts of
the courts’ treat ment of picketing injunct ions that are unique to a public service
strike or lockout, and t hese are also included in this chapter. ere is als o a dis-
cussion of return to work protocols, i llegal str ikes and “back to work ” legisla-
S.O. , c.  as amended [CECBA].
S.O. , c. , Sch. A [LRA]
R.S.O. , c. P., s.  [PSA].
         
ere are special barga ining unit cong urations for the public serv ice, as dis-
cussed below, but the general LR A duty to bargain in good fa ith applies to the
) Designated Bargaining Units and One Deemed Bargaining
Under CECBA, se ven of the bargaining units in t he Ontario Public Service (OPS)
are dened as “designated ” bargaining u nits. Designated bargaining u nits can
negotiate certain i ssues on their own, but are to be considered one “deemed
bargaining u nit for purposes of a central col lective agreement. Where t he bar-
gaining agents for the desig nated bargaining u nits are not all from one un ion,
CECBA provides that those bargaining agents shall be “deemed to be a certied
council of t rade unions repre senting those e mployees” for purpose s of the centra l
Six of those units a re represented by the Ontario Publ ic Service Employees
Union (OPSEU). ese units consist of occupational categories (adminis trative,
correctional, in stitutional and hea lth, oce admin istration, operational a nd
maintenance and techn ical). ere is a seventh unit, represented by the Ass o-
ciation of Administ rative, Management and Professiona l Crown Employees of
Ontario (AMAPCEO). e designation of all t hese units occurred under the pre-
 CECBA by Order-in-Council.
Under the current CECBA, section , a “ designated bargaining unit” is de-
ned as “a bargain ing unit ref erred to in su bsection (),” and t hat subsec tion in
turn refers to seven barga ining units. erefore it appear s that the seventh unit
is one of the “designated bargai ning units.” However, inclusion as a “designated”
bargaining u nit means that the AMAPCEO u nit would join the six OPSEU units
in a council of trade u nions to negotiate a central ag reement. History and prac-
tice indicate thi s may not actually have been t he intention of the legislature. CE-
CBA, section (), states that the units referred to are t hose “established under
this sect ion as it read immediately before” the  CECBA amendments came
into eect. Under the pre- CECBA, a “designated bargain ing unit” was speci-
LRA, s.  and , applies pursu ant to CECBA, s. (). See OPSEU v. e Crown in Right
of Ontario (Management B oard Secretariat), [] OLRB Rep. March/April  , where
Management Board S ecretariat was found to have bre ached the duty to bargai n in good
faith by requir ing the union to sign a conde ntiality clause l imiting the diss emination
of certain pl ans to only some members of the un ion’s bargaining team.
CECBA, s. –. PEGO’s bargaini ng unit was not designated.
Chapter : CECBA Collective Bargaining and Esse ntial Services
ed to be one of the six OPSEU bargaini ng units as determined by the Lieutenant
Governor in Council, and the sevent h bargaining unit was not included. ere-
fore, when AMAPCEO beca me the trade union representi ng that seventh unit,
it was arg uably not intended to be p art of the desig nated and deemed ba rgaining
units. It was certa inly not treated as par t of the “deemed” barga ining unit. OP-
SEU and Management Board Secreta riat (MBS) have negotiated a central collec-
tive agreement separately from t he AMAPCEO and MBS negot iations on four
occasions since .
CECBA, section (), provides that the seven bargaining u nits are “contin-
ued,” but also states that the desc ription of a unit “shall not be amended u ntil
aer a collective ag reement is made following December , .” Such collec-
tive agreements have, of course, been made. ere is no f urther provision in the
present Act for the Lieut enant Governor in Council to pass a n Order-in-Council
dealing wit h the description of a bargaining unit . e Ontario Labour Relat ions
Board (OLRB) does not normally have the power to amend bargain ing units. As
a result, it appears t hat the parties to t he collective agreements , and only those
parties, ca n now agree to “amend” or change t he designated bargaini ng units.
Indeed, the employer and OPSEU have agreed to combi ne the six OPSEU repre-
sented bargaining u nits into two (as further discus sed below).
e description of the deemed barga ining unit, made up of the combi ned
designated units, “shall not be altered.” is prec ludes not only any OLRB ord er,
but also any agreement by the pa rties to change the sc ope of that unit. Furt her-
more, the deemed unit is specic ally exempted from the cer tication and de-
certi cation provisions of the LR A that are othe rwise incorporate d into CECBA.
OPSEU was “continued” as the barga ining agent for the six designated bar-
gaining units, until a er the rst post- collective agreement. e Act further
states that OPSEU represents the units “until it ceases” under the relevant legis-
lation “to represent them.” is appears to me an that OPSEU’s representation
of the six designated barga ining units is now subject to t he decertication a nd
displacement sections of t he LRA.
) Central Collective Agreement
CECBA is structured to ensure that certain common terms and conditions of
employment are consistent across the designated bargain ing units. A central
agreement is to govern all of the desig nated bargaining u nits in respect of the
e Public Servic e and Statute Law Amendment Act, S .O. , c. , s.  established t he
designated unit s with reference to s. () but the seventh un it was established in s. ( ).
See J. Sack, M. Mitchell & S. Pric e, Ontario Labour Rela tions Board Law and Practice ,
looseleaf (Mark ham, Ont.: Butterwor ths, ) at para. ..
CECBA, s. ().
Ibid., s. 

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