5(1)In relation to a bargaining unit, an employer may, by notice in writing, advise the Board and the bargaining agent for the relevant bargaining unit that the employer considers in whole or in part the services provided by the bargaining unit to be essential services.

5(2)A notice may be given

6(1)Within seven days after receiving a notice referred to in section 5, the Board shall, in consultation with the employer and the bargaining agent, establish time limits within which the employer and the bargaining agent shall endeavour to reach an essential services agreement.

6(2)An essential services agreement shall

6(3)In endeavouring to reach an essential services agreement, the employer and bargaining agent are required to consider only the needs of the residents of the nursing home in which the employees in the bargaining unit are employed and may not adopt by reference, in whole or in part, an essential services agreement reached by another bargaining unit.

6.1(1)An employer and a bargaining agent shall negotiate in good faith and make every reasonable effort to reach an essential services agreement within the time limits established by the Board under subsection 6(1).

6.1(2)At any time during negotiations to reach an essential services agreement, an employer or bargaining agent may make a complaint in writing to the Board that the other party has failed to comply with subsection (1), and the Board shall inquire into the complaint.

6.1(3)The time limits for reaching an essential services agreement cease to run from the date the Board receives a complaint until the Board completes its inquiry into the complaint.

6.1(4)If the Board is satisfied after an inquiry that a party has failed to comply with subsection (1), the Board may do any of the following:

6.2(1)If an employer and a bargaining agent are unable to reach an essential services agreement, the Board shall appoint a mediator to assist the parties in reaching the agreement.

6.2(2)The employer and the bargaining agent shall each promptly give the mediator a statement setting out the matters on which the parties have agreed, if any, and the matters on which they are unable to agree.

6.2(3)As soon as the circumstances permit after giving the mediator the statements referred to in subsection (2), the employer and the bargaining agent shall meet with the mediator to endeavour to reach an essential services agreement.

6.2(4)Within the time limit established by the Board, or any longer period agreed on by the parties, the mediator shall provide the Board with a report stating that the parties have reached an essential services agreement, or, if an agreement has not been reached, setting out the matters on which the parties have agreed and setting out the matters on which the parties are unable to agree.

6.2(5)If the employer and the bargaining agent reach an essential services agreement with the assistance of the mediator, they shall communicate the essential services agreement to the Board in accordance with section 7.

6.2(6)If the employer and the bargaining agent do not reach an essential services agreement with the assistance of the mediator, the Board shall act under section 8.

6.2(7)The employer and the bargaining agent shall bear their own costs of the mediation and shall equally share all other costs of the mediation, unless otherwise agreed by them.

8(1)If an employer and a bargaining agent are unable to reach an essential services agreement with the assistance of a mediator under section 6.2, the Board, after giving each of the parties an opportunity to present evidence and to make representations, shall issue an order that complies with the requirements of subsections 6(2) and (3).

8(2)The Board shall provide a copy of the order to the employer and the bargaining agent as soon as the circumstances permit after issuing an order under subsection (1).

9(1)The Board may, on the application of the employer or the bargaining agent for the relevant bargaining unit made within the time limits established in subsection (2), amend an order issued under section 7 or 8.

9(2)An application may be made

9(3)If the employer and the bargaining agent agree on the amendments to be made, the terms of the agreement shall be jointly communicated by the parties to the Board and the Board shall issue an amended order without delay in accordance with those terms.

9(4)If the employer and the bargaining agent are unable to reach agreement, the Board, after giving each of the parties an opportunity to present evidence and to make representations, shall issue an amended order that complies with the requirements of subsections 6(2) and (3) and shall provide a copy of the order to the employer and the bargaining agent as soon as the circumstances permit after issuing the order.

10(1)An order issued by the Board under section 7, 8, 9 or 13.1 binds the employer and the bargaining agent as well as the employees affected by the order.

10(2)An order issued by the Board under section 7 or 8 remains in effect unless amended by the Board under section 9.

12(1)If a notice referred to in section 5 is given by an employer or an application referred to in section 9 is made by an employer or a bargaining agent, no employee in the bargaining unit in respect of which the notice was given or the application was made shall strike or participate in a strike until

12(2)No employee who is employed in a designated position shall participate in a strike.

12(3)No trade union or council of trade unions and no officer, director, representative, employee, agent or advisor of the trade union or council of trade unions shall declare, authorize, continue or counsel a strike of employees in contravention of subsection (1) or (2).

12(3.1)If a notice referred to in section 5 is given by an employer or an application referred to in section 9 is made by an employer or a bargaining agent, no employer and no officer, director, representative, employee, agent or advisor of the employer shall lock-out employees in the bargaining unit in respect of which the notice was given or the application was made until

12(4)No employer and no officer, director, representative, employee, agent or advisor of the employer shall lock-out employees who are employed in designated positions or declare, authorize, continue or counsel a lock-out of those employees.

12(5)If the employees of a nursing home are engaged in a legal strike under the Industrial Relations Act, the following prohibitions apply for the duration of the strike:

13(1)Even though the term of a collective agreement or arbitral award last in force between an employer and a bargaining agent for the relevant bargaining unit has expired, the terms and conditions of employment contained in the agreement or award remain in force after the expiration of the agreement or award and apply in relation to

13(2)An employee employed in a designated position shall not, during a strike or a lock-out, be required to work more hours, including overtime, than the employee would have been required to work had the strike or lock-out not occurred.

13.1(1)If a bargaining agent or an employer that is bound by an order issued under section 8 or subsection 9(4) considers that the level of service to be maintained by the bargaining unit to provide essential services has the effect of substantially interfering with a meaningful collective bargaining process, the bargaining agent or employer, as the case may be, may apply to the Board for an order providing for binding arbitration as a dispute mechanism between the parties.

13.1(2)An application referred to in subsection (1) shall be made by written notice to the Board and to the other party within 30 days after the date the Board provides the employer and the bargaining agent a copy of the order issued under section 8 or subsection 9(4), as the case may be.

13.1(3)On receiving an application under subsection (1), the Board shall hear the matter as soon as the circumstances permit and shall issue an order with reasons setting out how it considered the factors in subsection (4).

13.1(4)In determining an application under subsection (1), the Board shall consider

13.1(5)If the Board determines that the level of service to be maintained by the bargaining unit to provide essential services has the effect of depriving the parties of a meaningful collective bargaining process, the Board shall issue an order that if, after bargaining collectively, the parties fail to conclude a collective agreement or the renewal or revision of an existing collective agreement, all matters remaining in dispute between them shall be settled by binding arbitration in accordance with the Industrial Relations Act and section 13.3.

13.2(1)If the Board issues an order providing for binding arbitration as a dispute mechanism under subsection 13.1(5), no employee in the bargaining unit in respect of which the order was issued shall strike or participate in a strike.

13.2(2)No trade union or council of trade unions and no officer, director, representative, employee, agent or advisor of a trade union or council of trade unions shall declare, authorize, continue or counsel a strike of employees in contravention of subsection (1).

13.2(3)If the Board issues an order providing for binding arbitration as a dispute mechanism under subsection 13.1(5), no employer and no officer, director, representative, employee, agent or advisor of an employer shall lock-out employees in the bargaining unit in respect of which the order was issued.

13.2(4)No employer and no officer, director, representative, employee, agent or advisor of an employer shall declare, authorize, continue or counsel a lock-out of employees in contravention of subsection (3).

13.3(1)If an employer and a bargaining agent that are bound by an order under subsection 13.1(5), after bargaining collectively, fail to conclude a collective agreement or the renewal or revision of an existing collective agreement, they are required to request that the Minister of Post-Secondary Education, Training and Labour appoint a mediator under section 70 of the Industrial Relations Act to assist them, and the Minister shall appoint a mediator.

13.3(2)If the employer and the bargaining agent fail to conclude a collective agreement or the renewal or revision of an existing collective agreement with the assistance of the mediator, either of the parties may request that the Board refer all matters remaining in dispute between them to binding arbitration in accordance with the order under subsection 13.1(5).

13.3(3)The Board shall refer all matters remaining in dispute between the parties to binding arbitration in accordance with the Industrial Relations Act if it is satisfied that collective bargaining has been carried out in good faith, including the collective bargaining with the assistance of the mediator referred to in subsection (1), but it considers that it is unlikely that the parties will agree, within a reasonable time, on the conclusion of a collective agreement or to the renewal or revision of an existing collective agreement.

13.3(4)In rendering an arbitral award, an arbitrator shall take into consideration the following factors, and any other factors that the arbitrator considers relevant, for the period in which the arbitral award will apply:

13.3(5)In the arbitral award, the arbitrator shall include written reasons that explain how the arbitrator has considered the factors in subsection (4).

14(1)Every person who violates or fails to comply with subsection 12(1) or (2) or paragraph 12(5)(a) or subsection 13.2(1) commits an offence and is liable on conviction to a fine not exceeding $100 per day or part of a day during which the offence continues.

14(2)Every person who violates or fails to comply with subsection 12(3) or 13.2(2) commits an offence and is liable on conviction,

14(3)Every person who violates or fails to comply with subsection 12(3.1) or (4) or 13.2(3) or (4) commits an offence and is liable on conviction to a fine not exceeding $300 for each day or part of a day for which the lock-out is imposed, declared, authorized, continued or counselled in contravention of either of those subsections.

14(4)Every person who violates or fails to comply with paragraph 12(5)(b) commits an offence and is liable on conviction,

14(5)Every person who violates or fails to comply with paragraph 12(5)(c) commits an offence and is liable on conviction to a fine not exceeding $300 for each day or part of a day for which one or more employees replace striking employees in contravention of that paragraph.

16.1(1)No information or material provided to or received by a mediator under section 6.2 shall be disclosed except to the Board.

16.1(2)No report of a mediator under section 6.2 shall be disclosed except to the Board and the parties.

16.1(3)A mediator appointed under section 6.2 is not a competent or compellable witness in proceedings before any court or other tribunal respecting any information, material or report mentioned in subsection (1) or (2) or respecting any information or material provided to or received by the mediator, or any statement made to or by the mediator in an endeavour to assist the parties reach an essential services agreement.