O. Reg. 429/01: DEEMED ABANDONMENT OF BARGAINING RIGHTS

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ontario regulation 429/01

made under the

labour relations Act, 1995

Made: November 21, 2001
Filed: November 23, 2001
Printed in The Ontario Gazette: December 8, 2001

Amending O. Reg. 105/01

(Deemed Abandonment of Bargaining Rights)

1. The definitions of “provincial agreement” and “voluntary recognition agreement” in section 1 of Ontario Regulation 105/01 are revoked.

2. (1) Subsection 2 (1) of the Regulation is amended,

(a) by striking out “provincial agreement” and substituting “provincial agreement set out in Schedule 2”;

(b) by striking out “was a party to a voluntary recognition agreement” and substituting “was a party to a voluntary recognition agreement set out in Schedule 3”; and

(c) by striking out “voluntary recognition agreement” in clause (a) and substituting “voluntary recognition agreement set out in Schedule 3”.

(2) Subsection 2 (2) of the Regulation is amended by striking out “provincial agreement” and substituting “provincial agreement set out in Schedule 2”.

3. The Regulation is amended by adding the following section:

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.

4. (1) Schedule 2 to the Regulation is amended by striking out “for the purposes of this Regulation” and substituting “for the purposes of section 2”.

(2) Item 15 of Schedule 2 to the Regulation is amended by striking out “and the Canadian Elevator Contractors Association”.

5. Schedule 3 to the Regulation is amended by striking out “the voluntary recognition agreements to which this Regulation
applies” and substituting “voluntary recognition agreements for the purposes of section 2”.

6. The Regulation is amended by adding the following Schedules:

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.

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.

Commencement

7. (1) This Regulation comes into force on the day it is filed, except as provided in subsection (2).

(2) Sections 1, 2 and 3, subsection 4 (1) and sections 5 and 6 come into force on February 15, 2002.

 

 

 

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