1st Session, 41st Legislature

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Bill 211

THE LABOUR RELATIONS AMENDMENT ACT (APPLICATIONS FOR CERTIFICATION)

(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

The following is added after subsection 40(1):

Automatic certification if application unanimous

40(1.0.1)

If the board is satisfied that the employees constituting a proposed bargaining unit as described in an application for certification are unanimous in their wish to have the application granted, the board must grant the application without holding a vote under this section.

3

Section 41 is amended by renumbering it as subsection 41(1) and adding the following as subsection 41(2):

Automatic certification in certain cases of intimidation, fraud, coercion or threat

41(2)

Despite subsection (1), if a union applies for certification as the bargaining agent for employees in a unit that the board determines is appropriate for collective bargaining and

(a) the board is satisfied that the employer, or any person acting on behalf of the employer, has engaged in or committed one or more acts of intimidation, fraud, coercion or threat against an employee to influence the employee's decision concerning the application; and

(b) the union has evidence of membership support adequate, in the opinion of the board, for purposes of collective bargaining;

the board must certify the union as the bargaining agent for the employees in the unit.

4(1)

The following is added after subsection 48(1):

Vote to be held at mutually agreeable place

48(1.1)

A vote under this section must be held at a place that is mutually agreeable to both the employer and the union.

Polling place if no consent

48(1.2)

Despite subsection (1.1), if the employer and the union cannot agree to a place for a vote under this section, the board must arrange for the vote to be held at a place that is

(a) not the place of work of the employees in the proposed unit; and

(b) not within the employer's ownership, occupancy, management, possession or control.

Polling place to be accessible

48(1.3)

A polling place chosen under subsection (1.1) or (1.2) must be reasonably accessible to the employees in the proposed unit, including employees without access to a motor vehicle.

4(2)

Subsection 48(3) is amended

(a) by striking out "seven" and substituting "four" in the section heading and in the section; and

(b) by adding ", failing which the application for certification is deemed to have been granted by the board" at the end.

Coming into force

5

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