Toronto Public Transit Service Resumption Act, 2008, S.O. 2008, c. 4


Published: 2008-04-27

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Toronto Public Transit Service Resumption Act, 2008

S.O. 2008, CHAPTER 4

Consolidation Period: From April 27, 2008 to the e-Laws currency date.

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 2008, chapter 4, section 20. See: 2008, c. 4, s. 20.

No Amendments.

Preamble

The Toronto Transit Commission and Local 113, Amalgamated Transit Union, Lodge 235, International Association of Machinists and Aerospace Workers and Canadian Union of Public Employees, Local 2 were parties to collective agreements that have expired.

The parties have engaged in collective bargaining for new collective agreements, including conciliation and mediation with the assistance of Ministry of Labour staff, but have failed to resolve their disputes. Continuing efforts of 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 transit services were halted at about 12 midnight on Saturday, April 26, 2008.

The continuation of these disputes and the resulting disruption of transit services give rise to serious public safety, environmental, health, and economic consequences for residents of the City of Toronto. Having regard to these serious concerns and the clear deadlock in negotiations, the public interest requires an exceptional and temporary solution to address the matters in dispute so that new collective agreements may be concluded and full public transit can be restored in Toronto.

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,

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

“employer” means the Toronto Transit Commission; (“employeur”)

“listed bargaining agent” means any of the following:

1. Local 113, Amalgamated Transit Union.

2. Lodge 235, International Association of Machinists and Aerospace Workers.

3. Canadian Union of Public Employees, Local 2; (“agent négociateur désigné”)

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

“new collective agreement”, when used with respect to a listed bargaining agent, means a collective agreement that,

(a) applies to employees represented by that listed bargaining agent, and

(b) is executed after the day this Act receives Royal Assent or comes into force under subsection 19 (5); (“nouvelle convention collective”)

“parties”, when used in relation to a dispute, a mediation-arbitration proceeding dealing with the dispute or a new collective agreement between the employer and a listed bargaining agent, means the employer and that listed bargaining agent. (“parties”) 2008, c. 4, s. 1 (1).

Interpretation

(2) Expressions used in this Act have the same meaning as in the Labour Relations Act, 1995, unless the context requires otherwise. 2008, c. 4, s. 1 (2).

Application of Act

2. (1) This Act applies to the employer and to a listed bargaining agent and the employees that it represents if the employer and that listed bargaining agent have not executed a collective agreement after March 31, 2008 and before the day this Act receives Royal Assent. 2008, c. 4, s. 2 (1).

Application of Labour Relations Act, 1995

(2) Except as modified by this Act, the Labour Relations Act, 1995 applies to the employer, listed bargaining agents and employees. 2008, c. 4, s. 2 (2).

Conflict

(3) In the event of a conflict between this Act and the Labour Relations Act, 1995, this Act prevails. 2008, c. 4, s. 2 (3).

Strikes and Lock-outs

Duties of employer and listed bargaining agents

Operation of undertakings

3. (1) As soon as this Act receives Royal Assent, the employer shall operate and continue to operate its undertakings, including any operations interrupted during any lock-out or strike that is in effect immediately before this Act receives Royal Assent. 2008, c. 4, s. 3 (1).

Termination of lock-out

(2) As soon as this Act receives Royal Assent, the employer shall terminate any lock-out of employees that is in effect immediately before this Act receives Royal Assent. 2008, c. 4, s. 3 (2).

Termination of strike

(3) As soon as this Act receives Royal Assent, each listed bargaining agent shall terminate any strike by employees that it represents that is in effect immediately before this Act receives Royal Assent. 2008, c. 4, s. 3 (3).

Same

(4) As soon as this Act receives Royal Assent, each employee shall terminate any strike 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. 2008, c. 4, s. 3 (4).

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 employer. 2008, c. 4, s. 3 (5).

Prohibition re strike

4. (1) Subject to section 6, no employee shall strike and no person or trade union shall call or authorize or threaten to call or authorize a strike by any employees. 2008, c. 4, s. 4 (1).

Same

(2) Subject to section 6, no officer, official or agent of a trade union shall counsel, procure, support or encourage a strike by any employees. 2008, c. 4, s. 4 (2).

Prohibition re lock-out

5. (1) Subject to section 6, the employer shall not lock out or threaten to lock out any employees. 2008, c. 4, s. 5 (1).

Same

(2) Subject to section 6, no officer, official or agent of the employer shall counsel, procure, support or encourage a lock-out of any employees. 2008, c. 4, s. 5 (2).

Strike or lock-out after new collective agreement

6. After a new collective agreement with respect to a listed bargaining agent is executed by the parties or comes into force under subsection 19 (5), the Labour Relations Act, 1995 governs the right of the employees represented by that listed bargaining agent to strike and the right of the employer to lock out those employees. 2008, c. 4, s. 6.

Offence

7. (1) A person, including the employer, or a trade union who contravenes or fails to comply with section 3, 4 or 5 is guilty of an offence and on conviction is liable,

(a) in the case of an individual, to a fine of not more than $2,000; and

(b) in any other case, to a fine of not more than $25,000. 2008, c. 4, s. 7 (1).

Continuing offence

(2) Each day of a contravention or failure to comply constitutes a separate offence. 2008, c. 4, s. 7 (2).

Related matters

(3) Subsection 104 (3) and sections 105, 106 and 107 of the Labour Relations Act, 1995 apply with necessary modifications with respect to an offence under this Act. 2008, c. 4, s. 7 (3).

Deeming provision: unlawful strike or lock-out

8. A strike or lock-out in contravention of section 3, 4 or 5 is deemed to be an unlawful strike or lock-out for the purposes of the Labour Relations Act, 1995. 2008, c. 4, s. 8.

Terms of employment

9. Until a new collective agreement with respect to a listed bargaining agent is executed by the parties or comes into force under subsection 19 (5), the terms and conditions of employment that applied with respect to the employees represented by that listed bargaining agent on the day before the first day on which it became lawful for any of those employees to strike continue to apply, unless the parties agree otherwise. 2008, c. 4, s. 9.

Mediation-Arbitration

Deemed referral to mediation-arbitration

10. If this Act applies to the employer and a listed bargaining agent, they are deemed to have referred to a mediator-arbitrator, on the day this Act receives Royal Assent, all matters remaining in dispute between them with respect to the terms and conditions of employment of the employees represented by that listed bargaining agent. 2008, c. 4, s. 10.

Appointment of mediator-arbitrator

11. (1) On or before the fifth day after this Act receives Royal Assent, the parties shall jointly appoint the mediator-arbitrator referred to in section 10 and shall forthwith notify the Minister of the name and address of the person appointed. 2008, c. 4, s. 11 (1).

Same

(2) If the parties fail to notify the Minister as subsection (1) requires, the Minister shall forthwith appoint the mediator-arbitrator and notify the parties of the name and address of the person appointed. 2008, c. 4, s. 11 (2).

Replacement

(3) If the mediator-arbitrator is unable or unwilling to perform his or her duties so as to make an award, the Minister shall forthwith appoint a new mediator-arbitrator and the mediation-arbitration process shall begin anew. 2008, c. 4, s. 11 (3).

Minister’s power

(4) The Minister may appoint as a mediator-arbitrator a person who is, in the opinion of the Minister, qualified to act. 2008, c. 4, s. 11 (4).

Appointment and proceedings of mediator-arbitrator not subject to review

(5) It is conclusively presumed that the appointment of a mediator-arbitrator made under this section is properly made, and no application shall be made to question the appointment or to prohibit or restrain any of the mediator-arbitrator’s proceedings. 2008, c. 4, s. 11 (5).

Jurisdiction of mediator-arbitrator

12. (1) The mediator-arbitrator has exclusive jurisdiction to determine all matters that he or she considers necessary to conclude a new collective agreement. 2008, c. 4, s. 12 (1).

Time period

(2) The mediator-arbitrator remains seized of and may deal with all matters within his or her jurisdiction until the new collective agreement is executed by the parties or comes into force under subsection 19 (5). 2008, c. 4, s. 12 (2).

Mediation

(3) The mediator-arbitrator may try to assist the parties to settle any matter that he or she considers necessary to conclude the new collective agreement. 2008, c. 4, s. 12 (3).

Notice, matters agreed on

(4) As soon as possible after a mediator-arbitrator is appointed, but in any event no later than seven days after the appointment, the parties shall give the mediator-arbitrator written notice of the matters on which they reached agreement before the appointment. 2008, c. 4, s. 12 (4).

Same

(5) The parties may at any time give the mediator-arbitrator written notice of matters on which they reach agreement after the appointment of a mediator-arbitrator. 2008, c. 4, s. 12 (5).

Time limits

13. (1) The mediator-arbitrator shall begin the mediation-arbitration proceeding within 30 days after being appointed and shall make all awards under this Act within 90 days after being appointed, unless the proceeding is terminated under subsection 18 (2). 2008, c. 4, s. 13 (1).

Extensions

(2) The parties and the mediator-arbitrator may, by written agreement, extend a time period specified in subsection (1) either before or after it expires. 2008, c. 4, s. 13 (2).

Procedure

14. (1) The mediator-arbitrator shall determine the procedure for the mediation-arbitration but shall permit the parties to present evidence and make submissions. 2008, c. 4, s. 14 (1).

Consolidation

(2) Without limiting the generality of subsection (1), a person who is the mediator-arbitrator for more than one mediation-arbitration proceeding under this Act may consolidate any of the proceedings or parts of the proceedings as he or she considers advisable. 2008, c. 4, s. 14 (2).

Application of s. 48 (12) (a) to (i) of Labour Relations Act, 1995

(3) Clauses 48 (12) (a) to (i) of the Labour Relations Act, 1995 apply, with necessary modifications, to proceedings before the mediator-arbitrator and to his or her decisions. 2008, c. 4, s. 14 (3).

Exclusions

(4) The Arbitration Act, 1991 and the Statutory Powers Procedure Act do not apply to mediation-arbitration proceedings under this Act. 2008, c. 4, s. 14 (4).

Award of mediator-arbitrator

15. (1) An award by the mediator-arbitrator under this Act shall address all the matters to be dealt with in the new collective agreement with respect to a listed bargaining agent. 2008, c. 4, s. 15 (1).

Criteria

(2) In making an award, the mediator-arbitrator shall take into consideration all factors that he or she considers relevant, including the following criteria:

1. The employer’s ability to pay in light of its fiscal situation.

2. The extent to which services may have to be reduced, in light of the award, if current funding and taxation levels are not increased.

3. The economic situation in Ontario and in the City of Toronto.

4. A comparison, as between the employees and comparable employees in the public and private sectors, of the nature of the work performed and of the terms and conditions of employment.

5. The employer’s ability to attract and retain qualified employees.

6. The purposes of the Public Sector Dispute Resolution Act, 1997. 2008, c. 4, s. 15 (2).

Term of new collective agreement

(3) The award shall specify a term of operation, which shall not be less than three years, for the new collective agreement. 2008, c. 4, s. 15 (3).

Retroactive alteration of terms of employment

(4) The award may provide for the retroactive alteration of one or more terms and conditions of employment, to one or more dates after March 31, 2008, and may do so despite section 9. 2008, c. 4, s. 15 (4)

Effect of award

16. The award of a mediator-arbitrator under this Act is final and binding on the parties and on the employees represented by the listed bargaining agent. 2008, c. 4, s. 16.

Costs

17. Each party shall pay one-half of the fees and expenses of the mediator-arbitrator. 2008, c. 4, s. 17.

Continued negotiation

18. (1) Until an award is made, nothing in sections 10 to 17 prohibits the parties from continuing to negotiate with a view to making a new collective agreement and they are encouraged to do so. 2008, c. 4, s. 18 (1).

New collective agreement concluded by parties

(2) If the parties execute a new collective agreement before an award is made, they shall notify the mediator-arbitrator of the fact and the mediation-arbitration proceeding is thereby terminated. 2008, c. 4, s. 18 (2).

Execution of New Collective Agreement

Execution of new collective agreement

19. (1) Within seven days after the mediator-arbitrator makes an award, the parties shall prepare and execute documents giving effect to the award. 2008, c. 4, s. 19 (1).

Same

(2) The documents required by subsection (1) constitute the new collective agreement between the parties. 2008, c. 4, s. 19 (2).

Extension

(3) The mediator-arbitrator may extend the period referred to in subsection (1), but the extended period shall end no later than 30 days after the mediator-arbitrator made the award. 2008, c. 4, s. 19 (3).

Preparation by mediator-arbitrator

(4) If the parties do not prepare and execute the documents as required under subsections (1) and (3), the mediator-arbitrator shall prepare the necessary documents and give them to the parties for execution. 2008, c. 4, s. 19 (4).

Failure to execute

(5) If either party fails to execute the documents prepared by the mediator-arbitrator within seven days after receiving them, the documents come into force as though they had been executed by the parties and those documents constitute the new collective agreement between the parties. 2008, c. 4, s. 19 (5).

20. Omitted (provides for repeal of this Act). 2008, c. 4, s. 20.

21. Omitted (provides for coming into force of this Act). 2008, c. 4, s. 21.

22. Omitted (enacts short title of this Act). 2008, c. 4, s. 22.

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