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Fourth Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 4

THE FIRE DEPARTMENTS ARBITRATION AMENDMENT ACT


Explanatory Note

(Assented to                                          )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F60 amended

1           The Fire Departments Arbitration Act is amended by this Act.

2           The title of the Act is replaced with "THE FIREFIGHTERS AND PARAMEDICS ARBITRATION ACT".

3           The following heading is added before section 1:

PART 1

DEFINITIONS

4           Section 1 is amended

(a) by repealing the definitions "bargaining agent" and "fireman"; and

(b) by replacing the definition "arbitration board" with the following:

"arbitration board" means an arbitration board established under this Act; (« conseil d'arbitrage »)

5           Section 2 is amended by striking out "section 1" and substituting "sections 1, 2.1 and 17".

6           The following is added after section 2:

PART 2

ARBITRATION:  FIREFIGHTERS

Definitions

2.1         In this Part,

"bargaining agent" means, subject to section 3, a union that acts on behalf of firefighters,

(a) in collective bargaining, or

(b) as a party to a collective agreement with a municipality that is their employer; (« agent négociateur »)

"firefighter" means a employee of a municipality employed full time as a member of a fire fighting department. (« pompier »)

7           Section 3 is replaced with the following:

Application of this Part

3           This Part applies only to firefighters who are represented, for the purposes of collective bargaining under the principal Act, by a union that holds a valid and subsisting certificate, issued by the board, certifying that it is the bargaining agent for those firefighters.

8           In the English version of  clause 8(a), "firemen" is struck out wherever it occurs and "firefighters" is substituted.

9           Section 10 of the English version is amended

(a) in clause (1)(a), by striking out "chairman" wherever it occurs and substituting "chairperson";

(b) in subsection (2), by striking out "he" and substituting ", the minister"; and

(c) in subsection (3), by striking out "him" and substituting "him or her".

10          Section 11 of the English version is amended

(a) in subsections (1) and (5), by striking out "firemen" wherever it occurs and substituting "firefighters"; and

(b) in subsection (3), by striking out, "chairman" and substituting "chairperson".

11          Section 13 of the English version is amended

(a) in subsection (1), by striking out "firemen" and substituting "firefighters"; and

(b) in subsection (2), by striking out "fireman" and substituting "firefighter".

12(1)       Subsection 14(1) of the English version is amended

(a) by striking out "firemen" and substituting "firefighters";

(b) by striking out "chairman" and substituting "chairperson"; and

(c) by striking out "him" and substituting "the chairperson".

12(2)       Subsection 14(2) of the English version is amended by striking out "chairman" wherever it occurs and substituting "chairperson".

13          The English version of subsections 15(3) and (4) are amended by striking out "trade union" wherever it occurs and substituting "union".

14          Section 16 of the English version is amended

(a) by striking out "trade union" wherever it occurs and substituting "union"; and

(b) by striking out "him or it" and substituting "the municipality, person or union".

15          The following is added after section 16:

PART 3

ARBITRATION:  PARAMEDICS

Definitions

17          In this Part,

"bargaining agent for paramedics" means the union that is certified by the board to act on behalf of paramedics in collective bargaining; (« agent négociateur des travailleurs paramédicaux »)

"city" means the City of Winnipeg; (« ville »)

"paramedics" means those employees of the city who are engaged in the delivery of ambulance and paramedical services and who are in the bargaining unit represented by the bargaining agent for paramedics. (« travailleurs paramédicaux »)

Collective bargaining re paramedics

18(1)       Sections 3, 4, 10, 11 and 13 to 16 apply, with necessary changes, to collective bargaining between the bargaining agent for paramedics and the city.

Changes in applying provisions

18(2)       In applying the provisions listed in subsection (1), all references to "firefighters" shall be read as "paramedics".

Application for arbitration board

19(1)       If

(a) the city or the bargaining agent for paramedics has given notice to the other to commence collective bargaining with a view to the conclusion of a collective agreement;

(b) three months have elapsed since the notice was given;

(c) any collective agreement in effect between the city and the bargaining agent for paramedics at the time notice was given has ceased to be in effect; and

(d) the city and the bargaining agent for paramedics have not concluded a new collective agreement;

either or both of them may apply, in writing, to the minister to establish an arbitration board.

Establishment of arbitration board

19(2)       Where the minister receives an application under subsection (1), the minister may establish an arbitration board

(a) to deal with the dispute that has arisen in the collective bargaining between the city and the bargaining agent for paramedics; and

(b) to formulate a collective agreement, or the renewal or revision of an existing or former collective agreement.

Commencement of agreement or award

20(1)       Every collective agreement, and every award made by an arbitration board, has effect on and after the first day after the day that any collective agreement in effect at the time the notice to commence collective bargaining was given by the city or the bargaining agent for paramedics to the other would, but for subsection (3), have ceased to be in effect, whether or not the city has made, or can make, provision for any additional expenditures arising from the agreement or award for the year in which it comes into effect or any part of that year.

Term of agreement

20(2)       Subject to subsection (3), every collective agreement remains in effect for the term specified in the agreement.

Continuation of agreement and award

20(3)       After the end of the period during which a collective agreement or an award by an arbitration board remains in effect as provided in subsection (2), the agreement or award continues in effect until it is replaced by a new collective agreement or award, as the case may be.

Consequential amendments, SM. 2001, c. 39

16          Sections 169 and 172 of The City of Winnipeg Charter are amended by striking out "The Fire Departments Arbitration Act" wherever it occurs and substituting "The Firefighters And Paramedics Arbitration Act".

Consequential amendment, C.C.S.M. c. L10

17          Clause 4(3)(a) of The Labour Relations Act is replaced with the following:

(a) The Firefighters And Paramedics Arbitration Act;

Unproclaimed amendment to C.C.S.M. c. E145 repealed

18          The Essential Services Amendment Act, SM. 1999, c. 4, is repealed.

Coming into force

19          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Fire Departments Arbitration Act to make the provisions dealing with collective bargaining between firefighters and municipalities apply to collective bargaining between the City of Winnipeg and its paramedics. The title of the Act is changed accordingly.

The Bill also contains consequential amendments to The City of Winnipeg Charter and The Labour Relations Act, and repeals an unproclaimed amendment to The Essential Services Act.