O. Reg. 98/16: DEEMED ABANDONMENT OF BARGAINING RIGHTS - SARNIA WORKING AGREEMENT

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Labour Relations Act, 1995

ONTARIO REGULATION 98/16

DEEMED ABANDONMENT OF BARGAINING RIGHTS - SARNIA WORKING AGREEMENT

Consolidation Period: From December 10, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 98/16.

This is the English version of a bilingual regulation.

 

Definitions

1. In this Regulation,

“Board geographic area 2” means Ontario Labour Relations Board geographic area number 2, comprised of the geographic area of the County of Lambton; (“région géographique 2 de la Commission”)

“Board geographic area 8” means Ontario Labour Relations Board geographic area number 8, 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; (“région géographique 8 de la Commission”)

“Ellis Don” includes Ellis-Don Limited and Ellis Don Corporation;  (“Ellis Don”)

“Sarnia Working Agreement” means the agreement entered into in October 1958 and referred to as the Sarnia Working Agreement in the decision of the Ontario Labour Relations Board dated February 13, 2012 and decided by David A. McKee.  (“Sarnia Working Agreement”) O. Reg. 98/16, s. 6.

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 any provincial agreement that is binding upon any employee bargaining agency and its affiliated bargaining agents with respect to Ellis Don shall be deemed to be abandoned with respect to all of Ontario except Board geographic area 2 if those rights,

(a) were created as a result of the Sarnia Working Agreement; and

(b) were extended by law to all of Ontario after that agreement was made. 

Same, other rights not affected

(2) Nothing in subsection (1),

(a) affects any bargaining rights other than the bargaining rights described in that subsection; or

(b) establishes or re-establishes bargaining rights in respect of any trade union in Board geographic area 2.

O. Reg. 105/01

3. The bargaining rights in Board geographic area 8 that were created as a result of a working agreement entered into between Ellis Don Ltd. and the Building and Construction Trades Council of Toronto and Vicinity, dated December 10, 1962, and that were the subject of Ontario Regulation 105/01 (Deemed Abandonment of Bargaining Rights) made under the Act, are not affected by this Regulation. 

Rights and obligations

4. (1) Despite section 2, the following rules apply to Ellis Don with respect to all industrial, commercial and institutional construction projects outside of Board geographic area 2 and Board geographic area 8 that have a value of $20,000,000 or less:

1. All work that falls within the scope of a provincial agreement relating to the industrial, commercial and institutional sector of the construction industry and that is binding on an employee bargaining agency and its affiliated bargaining agents, and the corresponding employer bargaining agency, as set out in Schedule 1, must be subcontracted to contractors or subcontractors who are themselves bound by a provincial agreement relating to the industrial, commercial and institutional sector of the construction industry in respect of that work. 

2. The work described in paragraph 1 shall not be performed by employees of Ellis Don. 

(2) Beginning in 2018, as of November 1 of each year, the dollar amount set out in subsection (1) shall be adjusted for inflation in the manner agreed to by the relevant parties or, if they cannot agree, shall be adjusted by the percentage change in the Consumer Price Index for Ontario for all items, for the preceding 12-month period, as published by Statistics Canada. 

(3) The relevant parties may agree in writing to alter the rights and obligations imposed under subsection (1). 

(4) A complaint that the rights and obligations set out in subsection (1) have been contravened may be filed with the Board and the Board shall deal with the complaint as a complaint under section 96 of the Act. 

(5) If the relevant parties agree in writing to rights and obligations other than those set out in subsection (1), a complaint that the rights and obligations as otherwise agreed to have been contravened may be filed with the Board and the Board shall deal with the complaint as though it were a complaint under section 96 of the Act. 

(6) This section does not apply to any project commenced by Ellis Don, or in respect of which Ellis Don has made a firm and irrevocable bid to a project sponsor, owner or other source of work, on or before September 1, 2016. 

Future bargaining

5. Nothing in this Regulation prohibits a trade union from establishing bargaining rights under the Act in respect of Ellis Don on or after the day this Regulation comes into force. 

6. Omitted (provides for amendments to this Regulation).

7. Omitted (provides for coming into force of provisions of this Regulation).

SCHEDULE 1

1. The following are the employee bargaining agencies and the corresponding employer bargaining agencies for the purposes of section 4:

1. 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.

2. Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, and the Ontario Sheet Metal Contractors Association.

3. 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. 

2. If an employee bargaining agency or employer bargaining agency listed in section 1 of this Schedule is altered, amended, replaced or changed under subsection 153 (5), section 154 or section 155 of the Act, the reference in section 1 shall be read as a reference to the employee bargaining agency or employer bargaining agency as altered, amended, replaced or changed.

 

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