Bill 148: An Act to Amend the Labour Relations Act - A Brief Overview Effective January 1, 2018 Coming Changes Union Access to Employee Lists • If a union can demonstrate, through membership, that it has the support of 20% of employees in an appropriate bargaining unit, then the union can apply to the Ontario Labour Relations Board (“OLRB”) for an order directing the employer to give the union a list of all employees in the proposed bargaining unit. • An employee list shall include employees’ personal phone numbers and email addresses (if employees have provided that information to the employer) and, in certain circumstances, other information relating to the employees (e.g. job title, other means of contact). Automatic Certification • If the OLRB is satisfied that: • an employer has contravened the Labour Relations Act; and • as a result, the union was not able to obtain 40% support or the true wishes of the employees were not likely reflected in a representation vote the union as the bargaining agent without a vote. then the OLRB shall automatically certify the union as the bargaining agent without a vote. No Discharge or Discipline Following Certification • If a trade union is certified, an employer shall not terminate or discipline an employee without just cause during the period between the date of certification and the earlier of: • the date of the first collective agreement, and • the date the trade union no longer represents the employees. Structure of Bargaining Units • Under certain circumstances, after certification, the OLRB has the authority to make orders in respect of the structure of bargaining units (e.g. consolidate, amend the description or certification order, etc.), or the parties, at any time, may by agreement and with the consent of the Board make changes to the structure of bargaining units. Effective January 1, 2018 Coming Changes Certification without a Vote • For specified industries (building services, home care and community services, and the temporary help agency industry), a trade union may apply for certification without a representation vote where it is established that more than 55% of the employees in the bargaining unit are members of the union. Request for Educational Support • Employer may request educational support in the practice of labour relations and collective bargaining, to be made available by the Minister, where: • a union is certified or voluntarily recognized • a first collective agreement mediation occurs. First Collective Mediation/ Arbitration • First contract mediation/arbitration is available if a newly certified union and employer are unable to reach a first collective agreement. • Where a mediator has been appointed during first collective agreement mediation, no employee shall strike and no person or trade union shall call or authorize or threaten to call or authorize a strike for 45 days after the appointment. • If the parties cannot reach agreement during the 45 days mediation period, either party may apply to the OLRB for the appointment of a mediator-arbitrator. Successor Rights, Building Services • Extension of “successor rights” to the retendering of building services contracts - in other words, a sale of business is deemed to have occurred if: • employees perform services at a premises (principal place of work); • the employer ceases to provide those services; and • substantially similar services are subsequently provided by another employer at those premises. Reinstatement of Employees • The current 6-month limit during which a lawfully striking employee can request to return to work is removed - employees shall be reinstated to employment following the conclusion of a lawful strike/lockout on the terms and conditions agreed upon between the employer and union. Broad Power to Make Interim Orders • Broad power of the OLRB to make interim decisions and orders in any proceeding. Fines • Increase in fines: • for individuals from $2,000 to $5,000 • for organizations from $25,000 to $100,000 Voting • Expanded power to conduct votes outside the workplace, electronically or by telephone. Transitional Provisions, if any The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by Bill 148. In the event of a conflict between this Act and a regulation made, the regulation prevails.