AI-assisted research summary: This regulation sets how seniority is determined for certain bargaining-unit employees after Crown business transfers, including hospital and municipal cases.
1. This Regulation governs the determination of seniority for the following employees: 1. Employees in a bargaining unit of employees of a person operating a hospital if, i. the Crown transferred all or part of the business carried on at an institution to which the Mental Hospitals Act applies to the person operating the hospital, and ii. the bargaining unit includes an individual who, immediately before the transfer, was employed by the Crown in the transferred business and who, immediately after the transfer, was employed by the person operating the hospital in the transferred business. 2. Employees in a bargaining unit of employees of a municipality if, i. the Crown transferred all or part of a business to the municipality, and ii. the bargaining unit includes an individual who, immediately before the transfer, was employed by the Crown in the transferred business and who, immediately after the transfer, was employed by the municipality in the transferred business. O. Reg. 10/99, s. 1. 2. (1) Each employee in a bargaining unit shall be accorded seniority on the same basis as other employees in the bargaining unit and, without restricting the generality of the foregoing, (a) if the collective agreement provides that seniority includes all periods of employment with the employer and all periods of employment with a previous employer, his or her seniority shall include all periods of employment with the employer and all periods of employment with a previous employer or the Crown; (b) if the collective agreement provides that seniority includes all periods of employment in the bargaining unit of the employer and all periods of employment in a bargaining unit of a previous employer, his or her seniority shall include all periods of employment in the bargaining unit of the employer and all periods of employment with a previous employer or the Crown in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit; and (c) if the collective agreement provides that seniority includes all periods of employment in the bargaining unit or in a similar bargaining unit of the employer and all periods of employment in a bargaining unit of a previous employer, his or her seniority shall include all periods of employment in the bargaining unit or similar bargaining unit of the employer and all periods of employment with a previous employer or the Crown in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit or similar bargaining unit. O. Reg. 10/99, s. 2 (1). (2) In subsection (1), “previous employer” means, (a) a predecessor employer of the employer, or (b) an employer who sold their business to the employer within the meaning of section 69 of the Labour Relations Act, 1995 and that section or a predecessor of that section applied with respect to the sale of the business. O. Reg. 10/99, s. 2 (2).