School Boards Collective Bargaining Amendment Act, 2017 EXPLANATORY NOTE The Bill makes various amendments to the School Boards Collective Bargaining Act, 2014. Currently, the Act provides that collective bargaining for collective agreements under the Act may include central bargaining, but is not required to include it. The Bill changes this rule to require that central bargaining must always occur and that for the purposes of central bargaining, every school board must be represented by an employer bargaining agency and every employee in a bargaining unit must be represented by an employee bargaining agency. The Bill adds new rules to the Act to ensure that all trade unions representing employees other than teachers must either be designated as an employee bargaining agency or be a member of a council of unions designated as an employee bargaining agency for the purposes of central bargaining. The Ontario Labour Relations Board’s role in the process is set out and related regulation-making powers are included. A new requirement set out in the Bill is that notice must be given of any change to the nature or scope of a strike or lock-out that will result in the complete withdrawal of instruction or services in one or more schools of a board, or the closure of one or more schools of a board. Currently, the Act prohibits parties from entering into agreements to continue the term of operation of a collective agreement. The Bill adds provisions to permit such agreements in the specified circumstances and sets out the process by which an agreement may be entered into and the rules that apply to an agreement. A transitional provision addresses the validity of continuation agreements that were entered into when the prohibition applied. Other new provisions added to the Act address, (a) when the Crown or an employer bargaining agency may provide assistance with local bargaining or require information regarding local bargaining; (b) how conflicts or inconsistencies within a collective agreement between central and local terms may be resolved; (c) agreements or undertakings entered into by the Crown for certain purposes under the Act; (d) the delegation of powers from the Lieutenant Governor in Council to the Minister or from the Minister to a Ministry employee; and (e) the continuation of the Education Relations Commission and related governance matters. Several related or consequential amendments are made to the Act and other Acts. Bill 92 2017
School Boards Collective Bargaining Amendment Act, 2017 EXPLANATORY NOTE The Bill makes various amendments to the School Boards Collective Bargaining Act, 2014. Currently, the Act provides that collective bargaining for collective agreements under the Act may include central bargaining, but is not required to include it. The Bill changes this rule to require that central bargaining must always occur and that for the purposes of central bargaining, every school board must be represented by an employer bargaining agency and every employee in a bargaining unit must be represented by an employee bargaining agency. The Bill adds new rules to the Act to ensure that all trade unions representing employees other than teachers must either be designated as an employee bargaining agency or be a member of a council of unions designated as an employee bargaining agency for the purposes of central bargaining. The Ontario Labour Relations Board’s role in the process is set out and related regulation-making powers are included. A new requirement set out in the Bill is that notice must be given of any change to the nature or scope of a strike or lock-out that will result in the complete withdrawal of instruction or services in one or more schools of a board, or the closure of one or more schools of a board. Currently, the Act prohibits parties from entering into agreements to continue the term of operation of a collective agreement. The Bill adds provisions to permit such agreements in the specified circumstances and sets out the process by which an agreement may be entered into and the rules that apply to an agreement. A transitional provision addresses the validity of continuation agreements that were entered into when the prohibition applied. Other new provisions added to the Act address, (a) when the Crown or an employer bargaining agency may provide assistance with local bargaining or require information regarding local bargaining; (b) how conflicts or inconsistencies within a collective agreement between central and local terms may be resolved; (c) agreements or undertakings entered into by the Crown for certain purposes under the Act; (d) the delegation of powers from the Lieutenant Governor in Council to the Minister or from the Minister to a Ministry employee; and (e) the continuation of the Education Relations Commission and related governance matters. Several related or consequential amendments are made to the Act and other Acts. Bill 92 2017
Bill%2092%20-%20School%20Boards%20Collective%20Bargaining%20Amendment%20Act%202017.docx