Protecting the School Year Act, 2015, S.O. 2015, c. 11

JurisdictionOntario

Protecting the School Year Act, 2015

S.o. 2015, chapter 11

Consolidation Period: From May 28, 2015 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2015, c. 11, s. 21)

No amendments.

Preamble

The Durham District School Board, Rainbow District School Board and Peel District School Board, and the Ontario Secondary School Teachers’ Federation are parties to collective agreements that have expired. Pursuant to the collective bargaining regime established by the School Boards Collective Bargaining Act, 2014, the parties have engaged in local bargaining, including conciliation with the assistance of Ministry of Labour staff, but have failed to resolve their disputes. Continuing efforts by the Ministry of Labour to assist the parties in resolving their differences have proved unsuccessful. Negotiations have reached an impasse, the parties are clearly deadlocked and strikes commenced on April 20, 27 and May 4, 2015.

Continuation of these strikes gives rise to serious adverse impacts for students and their families. The education of over 70,000 students has been disrupted. The Education Relations Commission has advised that continuation of the strikes will place in jeopardy the successful completion of courses of study by the affected students. Having regard to these serious concerns and the clear deadlock in negotiations, the public interest requires an exceptional and temporary solution so that the matters in dispute may be resolved through mediation-arbitration, and the affected students can return to school and resume their courses of study.

Therefore, her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpretation and Application

Definitions

1. (1) In this Act,

“bargaining agent” means the Ontario Secondary School Teachers’ Federation; (“agent négociateur”)

“employees” means the employees of a listed employer who are represented by the bargaining agent and included in a listed bargaining unit; (“employés”)

“listed bargaining unit” means any of the following:

1. In relation to the Durham District School Board, the bargaining unit composed of every teacher, other than occasional teachers, who is employed by the Durham District School Board and is assigned to one or more secondary schools or to perform duties in respect of such schools all or most of the time.

2. In relation to the Durham District School Board, the bargaining unit composed of every teacher who is an occasional teacher and who is on the Board’s roster of occasional teachers who may be assigned to a secondary school.

3. In relation to the Peel District School Board, the bargaining unit composed of every teacher, other than occasional teachers, who is employed by the Peel District School Board and is assigned to one or more secondary schools or to perform duties in respect of such schools all or most of the time.

4. In relation to the Peel District School Board, the bargaining unit composed of every teacher who is an occasional teacher and who is on the Board’s roster of occasional teachers who may be assigned to a secondary school.

5. In relation to the Rainbow District School Board, the bargaining unit composed of every teacher, other than occasional teachers, who is employed by the Rainbow District School Board and is assigned to one or more secondary schools or to perform duties in respect of such schools all or most of the time.

6. In relation to the Rainbow District School Board, the bargaining unit composed of every teacher who is an occasional teacher and who is on the Board’s roster of occasional teachers who may be assigned to a secondary school; (“unité de négociation désignée”)

“listed employer” means any of the following:

1. Durham District School Board.

2. Peel District School Board.

3. Rainbow District School Board; (“employeur désigné”)

“Minister” means the Minister of Labour; (“ministre”)

“parties”, when used in relation to a dispute, a mediation-arbitration proceeding dealing with the dispute or a memorandum of settlement of local terms, means the listed employer and the bargaining agent. (“parties”)

Interpretation

(2) Expressions used in this Act have the same meaning as in the School Boards Collective Bargaining Act, 2014, unless the context requires otherwise.

Application of Act

2. (1) This Act applies to a listed employer, the bargaining agent and the employees in a listed bargaining unit if the employer and the bargaining agent have not ratified a memorandum of settlement of local terms on or after the day this Act receives First Reading and before the day this Act receives Royal Assent with respect to that unit.

Application of School Boards Collective Bargaining Act, 2014

(2) Except as modified by this Act, the School Boards Collective Bargaining Act, 2014 applies to a listed employer, the bargaining agent and the employees.

Conflict

(3) In the event of a conflict between this Act and the School Boards Collective Bargaining Act, 2014, this Act prevails.

Strikes and Lock-outs

Duties of listed employer and bargaining agent

Operation of undertakings

3. (1) As soon as this Act receives Royal Assent, a listed employer shall use all reasonable efforts to operate and continue to operate its undertakings, including any operations interrupted during any lock-out or strike in respect of local bargaining that is in effect immediately before this Act receives Royal Assent.

Termination of lock-out

(2) As soon as this Act receives Royal Assent, a listed employer shall terminate any lock-out of employees in respect of local bargaining that is in effect immediately before this Act receives Royal Assent.

Termination of strike

(3) As soon as this Act receives Royal Assent, the bargaining agent shall terminate any strike by employees in respect of local bargaining that is in effect immediately before this Act receives Royal Assent.

Same

(4) As soon as this Act receives Royal Assent, each employee shall terminate any strike in respect of local bargaining that is in effect before this Act receives Royal Assent and shall, without delay, resume the performance of the duties of his or her employment or shall continue performing them, as the case may be.

Exception

(5) Subsection (4) does not preclude an employee from not reporting to work and performing his or her duties for reasons of health or by mutual consent of the employee and the listed employer.

Prohibition re strike — local bargaining

4. (1) Subject to subsection 6 (2), no employee shall strike and no person or bargaining agent shall call or authorize or threaten to call or authorize a strike by any employees in respect of local bargaining.

Same

(2) Subject to subsection 6 (2), no officer, official or agent of the bargaining agent shall counsel, procure, support or encourage a strike by any employees in respect of local bargaining.

Prohibition re strike — central bargaining

(3) No employee shall strike and no person or bargaining agent shall call or authorize or threaten to call or authorize a strike by any employees in respect of central bargaining for the remainder of the 2014-2015 school year.

Same

(4) No officer, official or agent of the bargaining agent shall counsel, procure, support or encourage a strike by any employees in respect of central bargaining for the remainder of the 2014-2015 school year.

Prohibition re lock-out — local bargaining

5. (1) Subject to subsection 6 (2), a listed employer shall not lock out or threaten to lock out any employees in respect of local bargaining.

Same

(2) Subject to subsection 6 (2), no officer, official or agent of a listed employer shall counsel, procure, support or encourage a lock-out of any employees in respect of local bargaining.

Prohibition re lock out — central bargaining

(3) A...

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