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O. Reg. 105/01: DEEMED ABANDONMENT OF BARGAINING RIGHTS

under Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A

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current February 15, 2002 (e-Laws currency date)

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Labour Relations Act, 1995

ONTARIO REGULATION 105/01

DEEMED ABANDONMENT OF BARGAINING RIGHTS

Consolidation Period: From February 15, 2002 to the e-Laws currency date.

Last amendment: O. Reg. 429/01.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“Board geographic area 8” means the Ontario Labour Relations Board geographic area number 8, as set out in Schedule 1; (“région géographique 8 de la Commission”) O. Reg. 105/01, s. 1; O. Reg. 429/01, s. 1.

Bargaining rights deemed abandoned

2. (1) Those bargaining rights relating to the industrial, commercial and institutional sector of the construction industry that are held under a provincial agreement set out in Schedule 2 that is binding upon an employee bargaining agency and its affiliated bargaining agents with respect to an employer that was a party to a voluntary recognition agreement set out in Schedule 3 shall be deemed to be abandoned with respect to all of Ontario except Board geographic area 8 if those rights,

(a) were created as a result of a voluntary recognition agreement set out in Schedule 3 that was made with the employer; and

(b) were extended by law to all of Ontario after that voluntary recognition agreement was made. O. Reg. 105/01, s. 2 (1); O. Reg. 429/01, s. 2 (1).

(2) Those bargaining rights relating to the industrial, commercial and institutional sector of the construction industry that are held under a provincial agreement set out in Schedule 2 that is binding upon an employee bargaining agency and its affiliated bargaining agents with respect to Tom Jones & Sons Limited shall be deemed to be abandoned with respect to all of Ontario except Board geographic area 8 if those rights,

(a) were created as a result of the agreement entered into between Tom Jones & Sons Limited and the Toronto-Central Ontario Building and Construction Trades Council, dated July 30, 1980; and

(b) were extended by law to all of Ontario upon the making of that agreement. O. Reg. 105/01, s. 2 (2); O. Reg. 429/01, s. 2 (2).

Bargaining rights deemed abandoned

2.1 Those bargaining rights relating to the industrial, commercial and institutional sector of the construction industry that are held under a provincial agreement set out in Schedule 4 that is binding upon an employee bargaining agency and its affiliated bargaining agents with respect to an employer that was a party to a voluntary recognition agreement set out in Schedule 5 shall be deemed to be abandoned with respect to all of Ontario except Board geographic area 8 if those rights,

(a) were created as a result of a voluntary recognition agreement set out in Schedule 5 that was made with the employer; and

(b) were extended by law to all of Ontario after that voluntary recognition agreement was made. O. Reg. 429/01, s. 3.

Schedule 1
BOARD GEOGRAPHIC AREA 8

1. Board geographic area 8 is comprised of the geographic areas of the following municipalities and parts of municipalities:

1. The City of Toronto.

2. The Regional Municipality of Peel.

3. The Regional Municipality of York.

4. The Town of Ajax.

5. The Town of Pickering.

6. The Town of Oakville.

7. The Town of Halton Hills.

8. That part of the Township of Esquesing that was annexed to the Town of Milton under clause 2 (1) (c) of the Regional Municipality of Halton Act, 1973.

9. That part of the Town of Oakville that,

i. was part of the Township of Trafalgar before 1962,

ii. was amalgamated with the Town of Oakville in 1962 by order of the Ontario Municipal Board, and

iii. was annexed to the Town of Milton under clause 2 (1) (c) of the Regional Municipality of Halton Act, 1973.

O. Reg. 105/01, Sched. 1.

Schedule 2
PROVINCIAL AGREEMENTS

1. The provincial agreements that were entered into between the following employee bargaining agencies and employer bargaining agencies and that expire on April 30, 2001 are provincial agreements for the purposes of section 2:

1. The Labourers’ International Union of North America and The Labourers’ International Union of North America, Ontario Provincial District Council and Ontario Precast Concrete Manufacturers’ Association.

2. The Labourers’ International Union of North America and The Labourers’ International Union of North America, Ontario Provincial District Council and Metropolitan Toronto Demolition Contractors Inc.

3. Millwright District Council of Ontario of The United Brotherhood of Carpenters and Joiners of America and the United Brotherhood of Carpenters and Joiners of America and the Association of Millwrighting Contractors of Ontario Inc.

4. The International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades and the Ontario Painting Contractors Association, the Interior Systems Contractors Association of Ontario and the Acoustical Association of Ontario.

5. The International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades and the Architectural Glass and Metal Contractors Association.

6. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and the Ontario Pipe Trades Council of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and the Mechanical Contractors Association of Ontario.

7. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and the United Association of Journeymen and the Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 853 and The Canadian Automatic Sprinkler Association.

8. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local Union 787 and The Ontario Refrigeration and Air Conditioning Contractors Association.

9. Operative Plasterers and Cement Masons International Association of the United States and Canada and the Ontario Provincial Conference of Operative Plasterers and Cement Masons International Association of the United States and Canada and the Labour Relations Bureau of the Ontario General Contractors Association, the Walls & Ceilings Contractors Association and the Central Ontario Plastering Association.

10. Operative Plasterers and Cement Masons International Association of the United States and Canada and the Operative Plasterers and Cement Mason International Association of the United States and Canada, Local 172 and Steeplejack and Masonry Restoration Contractors Association.

11. The International Association of Heat and Frost Insulators and Asbestos Workers and The International Association of Heat and Frost Insulators and Asbestos Workers, Local 95 and The Master Insulators’ Association of Ontario, Incorporated.

12. The Brick and Allied Craft Union of Canada and the Terrazzo, Tile and Marble Guild of Ontario, Inc.

13. The International Brotherhood of Electrical Workers and the IBEW Construction Council of Ontario and the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario.

14. The International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers and Boilermaker Contractors’ Association of Ontario.

15. The International Union of Elevator Constructors and The National Elevator and Escalator Association.

16. Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ Conference and the Ontario Sheet Metal and Air Handling Group.

17. Sheet Metal Workers’ International Association and the Ontario Sheet Metal Workers’ and Roofers Conference and the Labour Relations Section of the Ontario Industrial Roofing Contractors’ Association.

18. The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and the Teamsters Construction Council of Ontario and the Construction Site Teamster Employer Bargaining Agency.

19. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers and the Ironworkers District Council of Ontario and Ontario Erectors Association, Incorporated and the Ontario Erectors Association.

O. Reg. 105/01, Sched. 2; O. Reg. 429/01, s. 4.

Schedule 3
VOLUNTARY RECOGNITION AGREEMENTS

1. The following are voluntary recognition agreements for the purposes of section 2:

1. The working agreement entered into between Ellis Don Ltd. and the Building and Construction Trades Council of Toronto and Vicinity, dated December 10, 1962.

2. The working agreement entered into between Vanbots Limited and the Building and Construction Trades Council of Toronto and Vicinity, dated April 3, 1964.

3. The working agreement entered into between Internorth Construction Company Limited and the Building and Construction Trades Council of Toronto and Vicinity, dated August 21, 1958.

4. The working agreement between Morocas General Contractors Limited and the Toronto Building and Construction Trades Council, dated May 3, 1967.

5. The working agreement entered into between Lisgar Construction Co., General Contractors and the Building and Construction Trades Council of Toronto and Vicinity, dated July 4, 1960.

6. The working agreement between Harbridge & Cross Limited and the Toronto Building and Construction Trades Council, dated July 10, 1967.

7. The working agreement between Eastern Construction Company Ltd. and the Building and Construction Trades Council of Toronto and Vicinity, dated August 13, 1956.

O. Reg. 105/01, Sched. 3; O. Reg. 429/01, s. 5.

Schedule 4
PROVINCIAL AGREEMENTS

1. The provincial agreements that were entered into between the employee bargaining agencies and employer bargaining agencies listed in items 1 to 19 of Schedule 2 and that expire on April 30, 2004 are provincial agreements for the purposes of section 2.1.

O. Reg. 429/01, s. 6.

Schedule 5
VOLUNTARY RECOGNITION AGREEMENTS

1. The following are voluntary recognition agreements for the purposes of section 2.1:

1. The working agreement entered into between Barclay Construction Limited and the Building and Construction Trades Council of Toronto and Vicinity, dated October 5, 1954.

2. The working agreement entered into between James Kemp Construction Limited and the Building and Construction Trades Council of Toronto and Vicinity, dated September 7, 1956.

3. The working agreement entered into between Trist Construction Co. Ltd. and the Building and Construction Trades Council of Toronto and Vicinity, dated April 7, 1965.

4. The working agreement between Van Horne Construction Limited and the Toronto Building and Construction Trades Council, dated May 9, 1978.

O. Reg. 429/01, s. 6.

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