Colleges Collective Bargaining Act, 2008, S.O. 2008, c. 15

• Jurisdiction: Ontario

Colleges Collective Bargaining Act, 2008

S.o. 2008, chapter 15

Consolidation Period: From December 31, 2018 to the e-Laws currency date.

Last amendment: see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006.

CONTENTS

PART I
INTERPRETATION AND APPLICATION

Definitions

1 In this Act,

“bargaining unit” means a bargaining unit determined in accordance with sections 25, 26 and 27; (“unité de négociation”)

“collective agreement” means a written collective agreement between the Council on behalf of the employers and an employee organization respecting terms and conditions of employment negotiable under this Act; (“convention collective”)

“college” means a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002; (“collège”)

“Council” means the College Employer Council established under section 7.1 of the Ontario Colleges of Applied Arts and Technology Act, 2002; (“Conseil”)

“employee” means a person who is employed by an employer and is a member of a bargaining unit; (“employé”)

“employee organization” means a trade union within the meaning of the Labour Relations Act, 1995; (“association d’employés”)

“employer” means a college; (“employeur”)

“lock-out” means the suspension of employment of, or the refusal to assign work to, employees by an employer with the view to compelling the cessation of a strike or preventing the resumption of a strike or with the view to inducing or persuading the employee organization that represents the employees to enter into or renew a collective agreement; (“lock-out”)

“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding or any concerted action or activity on the part of employees designed to curtail, restrict, limit or interfere with the operation or functioning of a college or colleges, including without limitation,

(a) withdrawal of services,

(b) slow-down in the performance of duties,

(c) the giving of notice to terminate employment; (“grève”)

“vote by secret ballot” means a vote by ballots cast in such a manner that a person expressing his or her choice cannot be identified with the choice expressed. (“scrutin secret”) 2008, c. 15, ss. 1, 83 (1).

Section Amendments with date in force (d/m/y)

2008, c. 15, s. 83 (1) - 01/04/2010

Collective negotiations under Act

2 (1) Collective negotiations respecting terms and conditions of employment, except for superannuation, of employees shall be carried out by the Council and the employee organization. 2008, c. 15, s. 2 (1).

Application of Act

(2) This Act applies to all collective negotiations concerning terms and conditions of employment, except for superannuation, of employees. 2008, c. 15, s. 2 (2).

Negotiations to be in accordance with Act

(3) No such collective negotiations shall be carried on except in accordance with this Act. 2008, c. 15, s. 2 (3).

PART II
Collective Bargaining

Notice of desire to negotiate

3 (1) Following certification or voluntary recognition by the Council of an employee organization as bargaining agent of the members of a bargaining unit, the employee organization shall give the Council written notice of its desire to negotiate with a view to making a collective agreement. 2008, c. 15, s. 3 (1).

Same

(2) Either party to a collective agreement may give written notice to the other party, within the period of 90 days before the agreement expires, of its desire to negotiate with the view to the renewal, with or without modification, of the agreement then in operation. 2008, c. 15, s. 3 (2).

Same

(3) Where a collective agreement exists and no party to the agreement gives notice in accordance with this Act of its desire to negotiate with the view to the renewal of the agreement, the agreement continues in operation and is renewed from year to year, each time for a period of one year, until the year, if any, in which notice is given in accordance with subsection (2) of desire to negotiate with the view to the renewal, with or without modification, of the agreement. 2008, c. 15, s. 3 (3).

Obligation to negotiate

4 The parties shall meet within 30 days after the giving of the notice under section 3, and shall negotiate in good faith and make every reasonable effort to make a collective agreement or to renew the collective agreement, as the case requires. 2008, c. 15, s. 4.

Appointment of conciliation officer

5 (1) Where notice has been given under section 3, the Minister of Labour, on the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 2008, c. 15, s. 5 (1).

Same, where no notice given

(2) Despite the failure of a party to give written notice under section 3, where the parties have met and bargained, the Minister of Labour may, on the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 2008, c. 15, s. 5 (2).

Same, voluntary recognition

(3) Where the Council and an employee organization agree that the Council recognizes the employee organization as the exclusive bargaining agent of the members of a bargaining unit and the agreement is in writing signed by the parties, the Minister of Labour may, on the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 2008, c. 15, s. 5 (3).

Same, joint request

(4) When the Minister of Labour has appointed a conciliation officer or mediator or both and the parties have not entered into a collective agreement within 15 months from the last appointment, the Minister may, on the joint request of the parties, again appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement and, on the appointment being made, sections 6, 7, 17 to 19, 21, 51, 52, 58 and 59 apply. 2008, c. 15, s. 5 (4).

Second conciliation officer

(5) The appointment of a second conciliation officer is not a bar to an application for certification or for a declaration that the employee organization ceases to represent the members of the bargaining unit. 2008, c. 15, s. 5 (5).

Appointment of mediator

6 (1) Where the Minister of Labour 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. 2008, c. 15, s. 6 (1).

Same

(2) When the Minister appoints a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is terminated. 2008, c. 15, s. 6 (2).

Duties and report of conciliation officer

7 (1) Where a conciliation officer is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement and he or she shall, within 14 days from his or her appointment, report the result of his or her endeavour to the Minister of Labour. 2008, c. 15, s. 7 (1).

Extension of 14-day period

(2) The period mentioned in subsection (1) may be extended by agreement of the parties or by the Minister on the advice of the conciliation officer that a collective agreement may be made within a reasonable time if the period is extended. 2008, c. 15, s. 7 (2).

Report to Minister

(3) The report to the Minister under subsection (1) shall state that,

(a) the differences between the parties concerning the terms of a collective agreement have been settled; or

(b) despite the efforts of the conciliation officer, the terms of a collective agreement have not been settled. 2008, c. 15, s. 7 (3).

Notice to parties

(4) The Minister shall forthwith by notice in writing, which shall be dated, inform the parties of the report. 2008, c. 15, s. 7 (4).

PART III
COLLECTIVE AGREEMENTS

General

Term of collective agreement

8 (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate. 2008, c. 15, s. 8 (1).

Extension of term of collective agreement

(2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the employee organization ceases to represent the members of the bargaining unit and the continuation of the collective agreement may be terminated by either party on 30 days notice to the other party. 2008, c. 15, s. 8 (2).

Early termination of collective agreements

(3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Ontario Labour Relations Board on the joint application of the parties. 2008, c. 15, s. 8 (3).

Revision by mutual consent

(4) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation. 2008, c. 15, s. 8 (4).

Provision against strikes and lock-outs

9 Every collective agreement shall be deemed to provide that there will be no strike or lock-out during the term of the agreement or of any renewal of the agreement. 2008, c. 15, s. 9.

Notice of execution of collective agreement

10 On the execution of a collective agreement, each party to the agreement shall forthwith give a copy of the agreement to the Minister of Labour. 2008, c. 15, s...