Toronto Public Transit Service Resumption Act, 2008
The Toronto Public Transit Service Resumption Act, 2008 ends labour disputes involving the Toronto Transit Commission (TTC) and Local 113 of the Amalgamated Transit Union, Lodge 235 of the International Association of Machinists and Aerospace Workers, and the Canadian Union of Public Employees Local 2.
Termination of strikes and lock-outs
The Act requires the TTC to terminate any ongoing lock-out and the TTC unions are required to terminate any ongoing strike. The TTC is also required to resume or continue its normal operations.
There is also a prohibition on any further strike or lock-out with respect to this round of collective bargaining. Any action to call, authorize, threaten, counsel, procure, support or encourage a strike or lock-out is also prohibited.
Appointment of Mediator-Arbitrator
All outstanding issues in dispute between the TTC and its unions are immediately referred to binding mediation-arbitration.
The TTC and each of its unions have five days to agree on the appointment of a mediator-arbitrator and to notify the Minister of Labour. If they are unable to agree, the Minister would appoint a mediator-arbitrator who is, in the Minister's opinion, qualified to act. The Minister would also appoint a new mediator-arbitrator if a replacement were to be required.
The mediator-arbitrator has the exclusive power to determine all matters necessary to conclude a new collective agreement, and also has the ability to assist the parties in settling any related matter.
Nothing in the Act prohibits the parties from continuing to negotiate, and they are encouraged to do so. If the parties execute a new collective agreement, they are required to inform the mediator-arbitrator, and the mediation-arbitration process would terminate.
The mediator-arbitrator is required to begin the proceedings within 30 days of being appointed. The Act also requires the mediator-arbitrator to make an award within 90 days of his or her appointment. The parties and the mediator-arbitrator have the power to extend these time limits, on agreement, before or after they expire.
In making the award, the mediator-arbitrator will be required to take into consideration a number of criteria, including the employer's ability to pay and the economic situation in Ontario and the City of Toronto.
The award will be required to specify a term of operation for the collective agreement, which must be at least three years. The award will be final and binding on the TTC, the respective TTC union, and all employees who are members of that TTC union.
Until a new collective agreement is in place, the terms and conditions of employment that applied the day before a strike became lawful will continue to apply with respect to the employees represented by TTC unions, unless the TTC and the TTC union agree otherwise.
A failure to comply with the provisions of the proposed act that require the termination of lock-outs and strikes and prohibit them from occurring would constitute an offence punishable upon conviction by a fine of up to $2,000 for an individual and up to $25,000 in any other case. Each day of non-compliance would constitute a separate offence.
A strike or lock-out in contravention of the act would also be deemed an unlawful strike for the purposes of the Labour Relations Act, 1995, and the aggrieved party could apply to the Ontario Labour Relations Board for a remedy such as monetary damages.