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1st Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 7

THE LABOUR RELATIONS AMENDMENT ACT


  Bilingual version (PDF) 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. L10 amended

1           The Labour Relations Act is amended by this Act.

2           Subsections 39(4) and (5) are repealed.

3           Subsection 40(1) is replaced with the following:

Representation vote or dismissal

40(1)       Subject to this Part, when the board receives an application for certification and is satisfied that, at the time the application was filed:

(a) at least 40% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall conduct a vote by secret ballot of the employees in the unit in accordance with section 48;

(b) fewer than 40% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall dismiss the application.

Transitional

4           Despite the repeal of subsections 39(4) and (5) of The Labour Relations Act by this Act, if a union that received interim certification before the coming into force of this Act has not been issued a final certificate, subsections 39(4) and (5) continue to apply to the certification as if this Act had not come into force.

Coming into force

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

Explanatory Note

This Bill amends The Labour Relations Act to make a vote by secret ballot mandatory before a union can be certified as the bargaining agent for a group of employees.