Labour Relations Act

Ontario Labour Relations Act (OLRA), RSO 1999

The following are the purposes of the Act:

  1. To facilitate collective bargaining between employers and trade unions that are the freely designated representatives of the
  2. To recognize the importance of workplace parties adapting to
  3. To promote flexibility, productivity and employee involvement in the
  4. To encourage communication between employers and employees in the
  5. To recognize  the  importance  of  economic  growth  as  the  foundation  for  mutually beneficial relations amongst employers, employees and trade
  6. To encourage co-operative participation of employers and trade unions in resolving workplace

From a security guard’s perspective, these principles are part of the broader context of labor relations and workplace dynamics. Let’s break down the key points:

  1. Collective Bargaining Facilitation:
    • The law aims to support the negotiation process between employers and trade unions, which are the chosen representatives of employees. This recognition highlights the importance of fair and open discussions to reach agreements on various workplace matters.
  2. Adaptation to Change:
    • Acknowledges the need for workplace parties to adapt to changes. This could involve changes in work processes, policies, or other aspects that may impact both employers and employees.
  3. Promotion of Flexibility and Productivity:
    • Encourages an environment that values flexibility, productivity, and the active involvement of employees in decision-making processes. This suggests a focus on creating work structures that are adaptable and contribute to overall productivity.
  4. Enhanced Communication:
    • Emphasizes the promotion of communication between employers and employees. Open and effective communication is crucial for maintaining a positive work environment and addressing any concerns or issues that may arise.
  5. Recognition of Economic Growth:
    • Acknowledges economic growth as a foundation for positive relationships among employers, employees, and trade unions. This recognition suggests that a thriving economy can contribute to mutually beneficial workplace relations.
  6. Mutual Cooperation:
    • Encourages the cooperative participation of both employers and trade unions in resolving workplace issues. This implies that collaboration between these two parties is seen as a constructive way to address challenges and promote positive relations.

Understanding these principles is essential for security guards because they contribute to the overall context in which they operate. Workplace dynamics, including labor relations, can influence the security environment. By being aware of these principles, security guards can better understand the broader context of their work and contribute to maintaining a safe and harmonious workplace.

Definitions

Accredited employers’ organization means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers

Bargaining unit means a unit of employees appropriate for collective bargaining, whether it is an employer unit or a plant unit or a subdivision of either of them

Board means the Ontario Labour Relations Board

Certified council of trade unions means a council of trade unions that is certified under this Act as the bargaining agent for a bargaining unit of employees of an employer

Collective agreement means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union that, or a council of trade unions that, represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union or the employees, and includes a provincial agreement and does not include a project agreement under section 163.1

Council of trade unions includes an allied council, a trades council, a joint board and any other association of trade unions

Employee includes a dependent contractor

Employers’ organization means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes an accredited employers’ organization and a designated or accredited employer bargaining agency

Lock-out includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of employees, with a view to compel or induce the employees, or to aid another employer to compel or induce that employer’s employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, an employers’ organization, the trade union, or the employees

Member, when used with reference to a trade union, includes a person who has applied for membership in the trade union

Strike includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output

Trade union means an organization of employees formed for purposes that include the regulation of relations between employees and employers and includes a provincial, national, or international trade union, a certified council of trade unions and a designated or certified employee bargaining agency

For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of the person’s ceasing to work for the person’s employer as the result of a lock-out or strike or by reason only of being dismissed by the person’s employer contrary to this Act or to a collective agreement.

Subject to section 97, for the purposes of this Act, no person shall be deemed to be an employee,

  1. who, in the opinion of the Board, exercises managerial functions or is employed in a confidential capacity in matters relating to labour

Injunction – a legal process or order of the courts requiring the person or entity named to do something or refrain from doing something. This may include, for example an injunction limiting the number of picketers allowed during a strike or the employer from hiring replacements.

Arbitration – a judicial process regarding a dispute that is generally heard before a tribunal with a panel of up to three persons deciding the resolutions

Mediation – a process to facilitate agreement or reconciliation between two parties

This process is also usually overseen by a panel or an appointed independent mediator Grievance – a written complaint regarding a wrong, unjust or unfair act

Collective agreement – a contract between the employees and their representatives (Union of employees) and the employer setting out the rules and practices in the workplace

Security Guards

This section pertains to guards responsible for monitoring other employees or safeguarding an employer’s property.

Trade unions that include members other than guards in their bargaining units may do so unless the employer raises objections, citing potential conflicts of interest as a reason.

If the employer does object, the trade union must convince the Board that including both guards and non-guards in the bargaining unit or having the trade union as the bargaining agent would not result in conflicts of interest. For example, they might need to demonstrate that such an arrangement would not compromise the guards’ monitoring duties or other responsibilities.

The Board will consider various factors in determining whether a conflict of interest exists, including:

  1. The scope of the guards’ duties in monitoring other employees or protecting their employer’s interests.
  2. Any additional duties or responsibilities of the guards that could lead to conflicts.
  3. Any other relevant factors that the Board deems important.

If the Board is convinced that there would be no conflict of interest, they may grant certification to the trade union to represent the bargaining unit.

Conciliation Boards

A conciliation board possesses the authority to issue summons, require witnesses to appear, and compel them to provide either oral or written testimony under oath. Additionally, the board can demand the production of documents and other items it deems necessary for a thorough examination and evaluation of the matters referred to it. This authority is exercised in a manner similar to that of a court of record in civil cases. 

Mediation and mediators

When a mediator is appointed, their primary responsibility is to engage in discussions with the involved parties and make efforts to facilitate the negotiation and creation of a collective agreement. In this role, a mediator possesses the same powers and authority as a conciliation board. This includes the ability to gather information, summon witnesses, and take necessary actions to assist in the resolution of the labor dispute. 

Voluntary arbitration

Notwithstanding any other provisions outlined in this Act, the involved parties may, after providing notice of their intent to engage in bargaining, mutually and definitively agree in writing to submit all remaining unresolved matters to an arbitrator or arbitration board for a final and binding resolution.

This arbitration agreement takes precedence over all other conflict resolution mechanisms detailed in this Act, including those related to conciliation, mediation, strikes, and lockouts.

If any party, whether it be an employer, trade union, or employee, fails to adhere to any of the terms established in the arbitrator’s or arbitration board’s decision, any party or individual impacted by this decision can submit a copy of the decision (excluding the reasons behind it) in the prescribed format to the Superior Court of Justice. Once filed, the decision will be recorded in the same manner as a judgment or court order and can be enforced accordingly.

Provisions allowed

The employer and the union have the option to incorporate clauses into the collective agreement that mandate union membership and the payment of union dues or contributions as prerequisites for employment.

Additionally, they can include provisions allowing employees who serve as union representatives, such as union stewards, to address union-related matters during their working hours without any deduction from their wages or time.

Furthermore, the employer and the union can agree to provisions that grant the union access to the employer’s premises for union-related activities and purposes.

Religious beliefs that preclude union membership

In cases where the Labour Board determines that an employee, due to their religious convictions or beliefs, objects to joining a trade union or objects to paying dues or other assessments to a trade union, the Board has the authority to issue an order. This order would exempt the employee from the provisions of a collective agreement, and the employee would not be obligated to join the trade union, maintain their membership in the trade union, or make any payments (dues, fees, or assessments) to the trade union.

Instead, the employee would be required to make payments equal to any initiation fees, dues, or other assessments to a charitable organization. The specific charitable organization would be chosen through mutual agreement between the employee and the trade union. However, if they cannot reach an agreement, the Board may designate a charitable organization registered as such under Part I of the Income Tax Act (Canada) to receive these payments.

Discrimination prohibited

A collective agreement must adhere to anti-discrimination laws and principles outlined in the Human Rights Code and the Canadian Charter of Rights and Freedoms. These laws prohibit discrimination based on various grounds, such as race, gender, religion, disability, and more. It means that the terms and conditions within a collective agreement, including matters related to employment, promotion, and treatment of employees, cannot discriminate against individuals on any of these prohibited grounds.

Failure to comply with these anti-discrimination laws within a collective agreement can lead to legal challenges and disputes. Therefore, it’s essential for employers, trade unions, and employees involved in negotiating and drafting collective agreements to ensure they align with human rights and charter protections. This helps maintain fairness, equality, and compliance with the law in the workplace.

How collective agreements apply

A collective agreement described is a legally binding agreement between an employers’ organization and a trade union or council of trade unions. Here’s how it applies:

  1. Binding on Employers’ Organization Members: The collective agreement is binding on the employers’ organization itself and on each person who was a member of the employers’ organization at the time the agreement was made. It’s as if the agreement was individually made between each of these persons and the trade union or council of trade unions.
  2. Binding on Trade Union and Employees: The collective agreement is also binding on the trade union or council of trade unions that negotiated it and on all the employees who fall within the bargaining unit defined in the agreement.
  3. Membership Changes: If an individual who was a member of the employers’ organization at the time the agreement was entered into ceases to be a member during the agreement’s term, they are still bound by the terms of the agreement for the remainder of its term.

In essence, collective agreements are legally enforceable contracts that govern the terms and conditions of employment for employees represented by a trade union. These agreements are designed to provide a framework for labor relations and ensure that both employers and employees adhere to agreed-upon terms, protecting the rights and interests of all parties involved.

From a security guard’s perspective, understanding the concept of a collective agreement is important because it sets the framework for labor relations and can impact the overall work environment. Here’s how it applies:

  1. Binding Nature on Employers’ Organization Members:
    • The collective agreement is like a legal contract that binds not only the employers’ organization as a whole but also each individual who was a member of that organization when the agreement was formed. This means that the terms and conditions outlined in the agreement are legally enforceable on both the organization and its individual members.
  2. Binding Nature on Trade Union and Employees:
    • The agreement is also binding on the trade union or council of trade unions that negotiated it. Furthermore, all employees falling within the defined bargaining unit are obligated to adhere to the terms outlined in the agreement. This ensures that both the union representing the employees and the employees themselves are legally bound by the terms they collectively agreed upon.
  3. Membership Changes:
    • Even if an individual ceases to be a member of the employers’ organization during the term of the agreement, they are still bound by the terms of the agreement until its conclusion. This provision ensures continuity and stability in the application of the agreement, regardless of changes in individual membership within the employers’ organization.

For a security guard, this means that the work environment, including any labor-related issues, is governed by the terms of the collective agreement. Security personnel may need to be aware of these terms, especially if they relate to issues such as access control, labor disputes, or any situations that may arise within the scope of the agreement. It underscores the importance of maintaining a safe and secure environment in alignment with the agreed-upon terms that both employers and employees have committed to following.

Threatening strike or lock-out

Making threats of an illegal strike by employees or an unlawful lockout by employers is prohibited.

Removal, etc., of posted notices

It is unlawful for any individual to intentionally damage, disfigure, erase, modify, vandalize, or take down any notice that the Board has mandated to be displayed for the duration specified in the notice requirement. 

Inquiry, alleged contravention

96. (1) The Board may authorize a labour relations officer to inquire into any complaint alleging a contravention of this Act.

Offences

Every person, trade union, council of trade unions or employers’ organization that contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act is guilty of an offence and on conviction is liable, if an individual, to a fine of not more than $2,000 or if a corporation, trade union, council of trade unions or employers’ organization, to a fine of not more than $25,000.

Each day that a person, trade union, council of trade unions or employers’ organization contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act constitutes a separate offence.

If a corporation, trade union, council of trade unions or employers’ organization is guilty of an offence under this Act, every officer, official or agent thereof who assented to the commission of the offence shall be deemed to be a party to and guilty of the offence.

From a security guard’s perspective, this section of the law emphasizes the consequences for individuals, trade unions, councils of trade unions, or employers’ organizations that violate any provision of the Act. Here’s a breakdown:

  1. Offence and Penalties:
    • Any person, trade union, council of trade unions, or employers’ organization found to be in violation of the Act can be charged with an offence. If convicted, individuals may face a fine of up to $2,000, while corporations, trade unions, councils of trade unions, or employers’ organizations may face fines of up to $25,000.
  2. Daily Offences:
    • Each day that a violation persists constitutes a separate offence. This means that if a breach continues over multiple days, the penalties can accumulate for each day the contravention occurs.
  3. Individual Liability for Organizations:
    • In cases where a corporation, trade union, council of trade unions, or employers’ organization is found guilty of an offence, individual officers, officials, or agents who were involved in or supported the violation can be held accountable. They are deemed to be parties to and guilty of the offence.

For a security guard, this information underscores the importance of understanding and adhering to the legal framework established by the Act. It also emphasizes the need for vigilance in maintaining a secure and compliant environment. Security personnel may not only need to be aware of the rules and regulations outlined in the Act but also play a role in reporting any potential violations or security-related issues to the appropriate authorities within the organization.