3.3 Labour Relations Act, WSIA & Workers' Compensation
Key Takeaways
The Labour Relations Act, 1995 governs union certification, good-faith bargaining, collective agreements, strikes and lockouts, and unfair labour practices, administered by the Ontario Labour Relations Board.
The OLRB orders a certification vote when a union shows at least 40% support, and certifies the union if more than 50% of ballots cast favour it.
Every collective agreement must provide for final and binding grievance arbitration, and strikes and lockouts are prohibited during its term.
The WSIA provides no-fault benefits funded by employer premiums through the WSIB, and section 28 generally bars Schedule 1 workers from suing their employer for workplace injuries.
Employers must report a lost-time or health-care injury to the WSIB within three business days of learning of it, separately from any OHSA critical-injury notice.
Labour Relations Act, WSIA & Workers' Compensation
The Workplace Legislation module of the PPE eBook covers five Ontario statutes. Sections 3.1 and 3.2 dealt with the Occupational Health and Safety Act, the Employment Standards Act, 2000 and the Human Rights Code. This section covers the other two: the Labour Relations Act, 1995, which governs unions and collective bargaining, and the Workplace Safety and Insurance Act, 1997 (WSIA), which governs compensation for workplace injuries and illnesses. Many C.Tech. and C.E.T. members work in unionized plants, municipalities and construction sites, and every workplace injury raises WSIA questions, so both statutes matter in practice and on the exam.
1. The Labour Relations Act, 1995 (LRA)
Purpose and Scope
The LRA regulates the relationship between trade unions and employers in provincially regulated workplaces. It deals with:
- how a union becomes the certified bargaining agent for a group of employees, and how it can be decertified;
- the duty to bargain in good faith toward a collective agreement;
- the required content of collective agreements, including mandatory grievance arbitration;
- when strikes and lockouts are lawful; and
- unfair labour practices by employers or unions.
Federally regulated undertakings, such as interprovincial railways, airlines and telecommunications, are covered by the Canada Labour Code instead.
Who Counts as an "Employee"
The LRA excludes some workers from collective bargaining. People who, in the opinion of the Ontario Labour Relations Board (OLRB), exercise managerial functions or are employed in a confidential capacity in matters relating to labour relations are not employees under the Act. Members of the architectural, dental, land surveying, legal and medical professions employed in a professional capacity are also excluded. Professional engineers are not excluded. The Act treats a unit made up solely of professional engineers as an appropriate bargaining unit, and engineers can be included with other employees if a majority of them wish. Engineering technicians and technologists are ordinary employees for LRA purposes unless they are managers.
How a Union Is Certified
| Step | What Happens |
|---|---|
| 1. Organizing | The union signs up employees in a proposed bargaining unit |
| 2. Application | The union applies to the OLRB for certification |
| 3. Threshold | A representation vote is ordered if the union shows membership support from at least 40% of employees in the unit |
| 4. Vote | A secret-ballot vote is held quickly, normally within a few business days |
| 5. Result | The union is certified if more than 50% of the ballots cast favour it |
In the construction industry, the LRA also allows card-based certification: if more than 55% of employees in the unit are members, the OLRB may certify without a vote. Construction also has special rules for province-wide bargaining in parts of the sector.
Collective Agreements, Strikes and Lockouts
- Once a union is certified, both sides must bargain in good faith and make every reasonable effort to reach a collective agreement.
- Every collective agreement must contain a clause providing for final and binding arbitration of grievances, without a work stoppage, about how the agreement is interpreted, applied, administered or allegedly violated.
- No strike or lockout is allowed during the term of a collective agreement. Mid-contract disputes go to grievance arbitration.
- A strike or lockout becomes lawful only after the agreement has expired and the Act's conciliation steps are complete.
Unfair Labour Practices
Employers may not interfere with the formation or administration of a union, discriminate against employees for union activity, or threaten or coerce employees about joining a union. Unions may not coerce employees either, and they owe the employees they represent a duty of fair representation (they may not act in a manner that is arbitrary, discriminatory or in bad faith).
The Ontario Labour Relations Board
The OLRB is an independent adjudicative tribunal. Besides LRA certification and unfair labour practice cases, it hears OHSA reprisal complaints under section 50 (Section 3.1), appeals of OHSA inspectors' orders, and certain Employment Standards Act reviews. For a technologist, the OLRB is most likely to matter in a reprisal case after refusing unsafe work.
2. The Workplace Safety and Insurance Act, 1997 (WSIA)
The Historic Compromise
Ontario's workers' compensation system dates to 1914 and rests on a trade-off:
- Workers get no-fault benefits for work-related injuries and illnesses. They do not have to prove the employer was negligent, and benefits are paid even if the worker's own carelessness contributed.
- Employers get protection from lawsuits. In exchange for funding the system, Schedule 1 employers cannot be sued by their workers for workplace injuries.
The Workplace Safety and Insurance Board (WSIB)
The WSIA is administered by the Workplace Safety and Insurance Board (WSIB), which is funded by employer premiums, not by worker contributions or general tax revenue.
- Schedule 1 employers (most private-sector industries) pay premiums into a collective insurance fund. Premiums depend on the industry's risk class and payroll.
- Schedule 2 employers (such as provincial and municipal governments and federally regulated transport) are individually liable for their workers' benefits and reimburse the WSIB.
The Bar on Lawsuits
Under section 28 of the WSIA, a worker of a Schedule 1 employer who is entitled to benefits generally cannot sue their own employer, or other Schedule 1 employers and their workers acting in the course of employment, for a workplace injury. Questions about whether a right to sue survives are decided by the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
Benefits
WSIA benefits include health care costs, loss of earnings benefits (generally 85% of the worker's pre-injury net average earnings while they cannot work), non-economic loss awards for permanent impairment, survivor benefits, and return-to-work and labour-market re-entry support.
Reporting Duties
| Who | Duty |
|---|---|
| Worker | Tell the employer promptly about a workplace injury or illness, and file any claim within six months of the accident |
| Employer | Report to the WSIB (Form 7 or an approved alternative) within three business days of learning that a worker needs health care beyond first aid or loses time, earnings or wages |
| Employer | Must not discourage or prevent a worker from reporting an injury or claiming benefits |
| Employer | Must co-operate in early and safe return to work. Larger employers also have re-employment obligations toward injured workers with at least one year of service |
WSIA and OHSA Work Together
The two statutes approach the same events from different angles. The OHSA is about prevention and enforcement: duties, inspections, orders, prosecutions and critical-injury reporting to the Ministry. The WSIA is about insurance and compensation: benefits, premiums, return to work, and the lawsuit bar. A single serious accident can therefore require an immediate OHSA notice to an inspector and a WSIB report within three business days, alongside any investigation by the joint health and safety committee.
| Feature | OHSA | WSIA |
|---|---|---|
| Main goal | Prevent workplace injury and illness | Compensate injured workers and support return to work |
| Administered by | Ministry of Labour, Immigration, Training and Skills Development | Workplace Safety and Insurance Board |
| Funded by | Government | Employer premiums |
| Fault | Offences are strict liability; due diligence is a defence | No-fault benefits |
| Main tribunal | OLRB (reprisals, inspector order appeals) | WSIAT (benefit appeals, right-to-sue applications) |
A union applies to the Ontario Labour Relations Board to represent the technicians at a manufacturing plant outside the construction industry. What support must it show before the Board orders a representation vote?
Signed membership cards from every single employee in the proposed bargaining unit
At least 40% membership support in the proposed unit
A written statement from the employer agreeing to voluntarily recognize the union
Membership support from more than 75% of employees, with no vote required
A worker employed by a Schedule 1 employer is injured on the job because of a supervisor's carelessness. Under the Workplace Safety and Insurance Act, 1997, what is the worker's position?
The worker must first prove the employer was negligent to get benefits
The worker may both sue the employer and collect WSIB benefits for the injury
The worker receives no-fault WSIB benefits but generally cannot sue the employer
Coverage applies only if the worker personally paid WSIB premiums
During the term of a collective agreement, a union disputes how the employer is applying the agreement's overtime clause. Under the Labour Relations Act, 1995, how must the dispute be resolved?
By a lawful strike, if a majority of union members vote for one
By a complaint to the Human Rights Tribunal of Ontario
By the employer's decision alone, since the agreement is already in force
By final and binding grievance arbitration
Sections you finish are checked off in the contents.