A A A

4th 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 18

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           Section 1 is amended

(a) by replacing the definition "conciliation officer" with the following:

"conciliator" means a person appointed by the board as a conciliator under subsection 67(1); (« conciliateur »)

(b) by repealing the definition "director";

(c) in the definition "grievance mediator", by striking out "subsection 130(8)" and substituting "clause 130(5)(c)"; and

(d) in clause (a) of the definition "parties",

(i) by striking out "assignment or",

(ii) in the English version, by striking out "conciliation officer" wherever it occurs and replacing it with "conciliator", and

(iii) by striking out "assigned or".

3           Clause 28(2)(a) of the English version is amended by striking out "conciliation officer" and replacing it with "conciliator".

4(1)        Subsection 67(1) is replaced with the following:

Appointment of conciliator

67(1)       The board shall appoint a conciliator to confer with parties engaged in collective bargaining if

(a) the minister requests the board to appoint a conciliator; or

(b) a notice to commence collective bargaining has been given under this Act and

(i) collective bargaining has not commenced within the time prescribed by this Act or collective bargaining has commenced, and

(ii) either party requests the board in writing to appoint a conciliator to confer with the parties to assist them to conclude a collective agreement or a renewal or revision of a collective agreement, and the request is accompanied by a statement of the difficulties, if any, that have been encountered before the commencement or in the course of collective bargaining.

Public interest

67(1.1)     The minister may request the appointment of a conciliator under clause (1)(a) only if satisfied that doing so is in the public interest.

Appointment of part-time vice-chairperson

67(1.2)     If the board has included a part-time vice-chairperson of the board in the list of conciliators under section 68.1, the vice-chairperson shall function in a private capacity when appointed as a conciliator and not as a vice-chairperson.

Disqualification of certain individuals

67(1.3)     No person is eligible to be appointed or to act as a conciliator in relation to a matter if the person

(a) has a pecuniary interest in the matter; or

(b) has acted as solicitor, counsel or agent for a party to the conciliation in the one-year period before the appointment, unless the parties agree to the appointment.

4(2)        Subsection 67(2) is amended

(a) by striking out "assigned" and substituting "appointed"; and

(b) in the English version, by striking out "conciliation officer" and substituting "conciliator". 

4(3)        Subsection 67(3) is amended

(a) by striking out "assigned" and substituting "appointed"; and

(b) in the English version, by striking out "conciliation officer" wherever it occurs and substituting "conciliator".

5(1)        Subsection 68(3.1) is amended

(a) by striking out "assignment" wherever it occurs and substituting "appointment"; and

(b) in the English version, by striking out "conciliation officer" wherever it occurs and substituting "conciliator".

5(2)        Subsection 68(4) of the English version is amended by striking out "conciliation officer" wherever it occurs and substituting "conciliator".

5(3)        Subsection 68(5) is replaced with the following:

Remuneration of conciliator appointed at minister's request

68(5)       The remuneration and expenses of a conciliator appointed at the minister's request under clause 67(1)(a) are to be paid by the government.

Remuneration of conciliator appointed at party's request

68(6)       Each party to conciliation shall pay one-half of the remuneration and expenses of a conciliator appointed at a party's request under clause 67(1)(b), unless the collective agreement between the parties provides otherwise.

6           The following is added after section 68:

List of conciliators

68.1        After consulting with representatives of employers and employees, the board may establish and maintain a list of persons who have, in its opinion, qualities and experience that make them suitable to act as conciliators and who are willing to so act. The board may make the list available to parties to collective bargaining or disputes.

7(1)        Clause 87(1)(b) is replaced with the following:

(b) a conciliator has been appointed under subsection 67(1) or the parties themselves have jointly selected someone to assist them to conclude a collective agreement;

(b.1) either

(i) the conciliator has notified the board and the parties under subsection 68(3.1) that the parties are unlikely to conclude a collective agreement or, where the parties have jointly selected someone to assist them, that person has so notified the parties in writing, or

(ii) 120 days have elapsed since the conciliator was appointed or the other person was selected;

7(2)        Clause 87(3)(b) is amended by striking out "the conciliation officer" and substituting "the conciliator or other person jointly selected by the parties to assist them".

8           Clause 87.1(1)(b) is replaced with the following:

(b) for a 30-day period of the strike or lockout, the parties have attempted to conclude a new collective agreement with the assistance of a conciliator, mediator or another person jointly selected by the parties to assist them; and

9           Subsection 87.2(1) is amended by replacing the last sentence with the following:

However, if the parties both agree, the board may appoint a board representative or a conciliator to confer with the parties to assist them in settling the provisions of a collective agreement.

10          Section 87.4 is repealed.

11          Subsection 95(2) is amended by striking out "it is advisable to do so" and substituting "it is in the public interest to do so".

12          Subsection 97(1) of the English version is amended by striking out "conciliation officer" and substituting "conciliator".

13          Subsection 111(4) is replaced by the following:

Costs of mediator

111(4)      Each party to mediation shall pay one-half of the remuneration and expenses of a mediator appointed under subsection 95(1) or (1.1).

14          Section 112 of the French version is amended, in the section heading, by striking out "d'arbitres" and substituting "de médiateurs".

15(1)       Subsection 129(1) is amended by striking out "director" and substituting "board".

15(2)       The following is added after subsection 129(1):

Appointment of part-time vice-chairperson

129(1.1)    If the board has included a part-time vice-chairperson of the board in the list of grievance mediators under section 129.1, the vice-chairperson shall function in a private capacity when appointed as a grievance mediator and not as a vice-chairperson.

Disqualification of certain individuals

129(1.2)    No person is eligible to be appointed or to act as a grievance mediator in relation to a matter if the person

(a) has a pecuniary interest in the matter; or

(b) has acted as solicitor, counsel or agent for a party to the conciliation in the one-year period before the appointment, unless the parties agree to the appointment.

15(3)       Subsection 129(2) is repealed.

16          The following is added after section 129:

List of grievance mediators

129.1       After consulting with representatives of employers and employees, the board may establish and maintain a list of persons who have, in its opinion, qualities and experience that make them suitable to act as grievance mediators and who are willing to so act. The board may make the list available to parties to collective bargaining or disputes.

Remuneration for grievance mediators

129.2       Each party to grievance mediation shall pay one-half of the remuneration and expenses of a grievance mediator appointed under section 129 or 130.

17(1)       Clause 130(5)(c) is replaced with the following:

(c) may, if the board considers it appropriate and the parties both agree, appoint a grievance mediator to assist the parties in settling the grievance before the hearing.

17(2)       Subsection 130(8) is repealed.

17(3)       Subsection 130(9) is amended in the part before clause (a)

(a) by striking out "subsection (8)" and substituting "clause (5)(c)"; and

(b) by striking out "director" and substituting "board".

18          Clause 141(1)(f.3) is repealed.

19          The following is added after section 141.2:

Regulations by LG in C

141.3(1)    The Lieutenant Governor in Council may make regulations respecting fees to be charged by the board in respect of a request, referral, application, appeal or complaint made to the board under this or any other Act.

Consultation

141.3(2)    Before a regulation is made under this section, the minister must provide an opportunity for consultation with, and seek advice and recommendations about the proposed regulation from, representatives of employers and employees.

Consequential amendment, C.C.S.M. c. E146

20          Subsection 6(4) of the English version of The Essential Services Act (Health Care) is amended by striking out "conciliation officer" and substituting "conciliator".

Consequential amendments, C.C.S.M. c. L20

21(1)       The Labour Administration Act is amended by this section.

21(2)       Subsection 11(1) of the English version is amended by striking out "conciliation officer" and substituting "conciliator".

21(3)       Subsection 11(3) of the English version is amended by striking out "conciliation officer" and substituting "conciliator".

Coming into force

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

Explanatory Note

This Bill amends The Labour Relations Act to allow the transition of conciliation and grievance mediation functions to the private sector.

The requirement to review provisions of the Act (introduced in 2000) respecting the settlement of subsequent collective agreements is repealed.

The Lieutenant Governor in Council is given authority to make regulations setting fees for the various applications that may be made to the Manitoba Labour Board under The Labour Relations Act and other Acts.

Consequential amendments are made to The Essential Services Act (Health Care) and The Labour Administration Act.