3rd Session, 42nd Legislature
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Bill 16
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:
The Labour Relations Act is amended by this Act.
Section 1 is amended
(a) by adding the following definition:
"public sector union" means a union certified to act as the bargaining agent for employees who are employed by
(a) the government,
(b) a government agency,
(c) a regional health authority or Shared Health Inc.,
(d) an organization prescribed as a reporting organization under The Financial Administration Act,
(e) an authority as defined in The Child and Family Services Authorities Act,
(f) an agency as defined in The Child and Family Services Act,
(g) The University of Manitoba, The University of Winnipeg, Brandon University, Université de Saint-Boniface, University College of the North, or Manitoba Institute of Trades and Technology,
(h) a school district or school division, as defined in The Public Schools Act, or
(i) any other employer that is prescribed by regulation made by the Lieutenant Governor in Council, or that belongs to a class of prescribed employers; (« syndicat de la fonction publique »)
(b) in the definition "collective agreement", by striking out "section 87 or 87.3" and substituting "section 87"; and
(c) by repealing the definition "technological change".
The following is added after subsection 6(3):
Employer not to compensate full-time public sector union executives
In respect of an employee who takes or is given full-time leave from their normal duties in order to hold an executive position in a public sector union, an employer must not
(a) pay, directly or indirectly, the employee's wages or salary in respect of the employee's leave; or
(b) pay or provide, directly or indirectly, any other form of compensation to the employee in respect of the employee's leave, other than a contribution permitted under clause (3)(e).
This is an exception to clause (3)(a) and, for greater certainty, an employer who breaches this provision commits an unfair labour practice.
Subsection (4) applies to any agreement entered into on or after the day that the subsection comes into force.
Subsection 12(2) is amended by striking out "resulted in a conviction for an offence under the Criminal Code (Canada) and" and substituting "that".
The following is added after subsection 40(1.1):
Accurate number of employees at time of application
In determining whether the threshold under clause (1)(a) has been met, the board must consider if the number of employees in the unit at the time the application is received represents the regular or anticipated number of employees required for the work of the unit. If the number is not representative, the board may
(a) delay the vote under subsection (1) until it is satisfied that the number of employees are representative; or
Subsection 40(2) is amended
(a) by striking out "45%" and substituting "40%"; and
(b) by striking out "among the employees in the unit" and substituting "by secret ballot of the employees in the unit within seven days".
The following is added after subsection 40(2):
Subsections 48(4) and (5) apply, with necessary changes, to the seven-day time period in subsection (2).
Subsection 49(1) is amended, in the part before clause (a), by striking out "a majority" and substituting "at least 40%".
Subsection 50(1) is amended by striking out "50%" and substituting "40%".
Subsection 50(2) is replaced with the following:
If the board is satisfied that 40% or more of the employees in the unit represented by the bargaining agent support an application made under section 49, the board shall conduct a vote by secret ballot of the employees in the unit within seven days in accordance with subsection 48(2).
Subsections 48(4) and (5) apply, with necessary changes, to the seven-day time period in subsection (2).
Subsection 50(4) is amended by striking out "50%" and substituting "40%".
The following is added after section 54 as part of Part II:
Determination re appropriateness of bargaining unit
At any time except during the last three months of the term of a collective agreement, the bargaining agent or employer may apply to the board for a determination that a unit of employees is no longer appropriate for collective bargaining.
Powers of board on determination of unit
After determining whether the unit is appropriate for collective bargaining, the board may do one or more of the following:
(a) confirm that the unit is appropriate for collective bargaining;
(b) include or exclude employees or classes of employees from the unit;
(c) create one or more units more appropriate for collective bargaining.
Subsection 56(1) is amended, in the part before clause (a),
(a) by striking out "subsection (2)" and substituting "subsections (1.1) and (2)"; and
(b) by adding ", unless the Board otherwise declares," after "is sold".
The following is added after subsection 56(1):
Effect of substantial change in business
On application by the bargaining agent of any union affected by the sale of the business under subsection (1) or the person to whom the business was sold, within 90 days after the sale, the board may terminate or limit all or some of the predecessor employer's rights, privileges or obligations that are acquired by the person under subsection (1), if the board is satisfied that the person has changed the character of the business so that it is substantially different from the business of the predecessor employer.
Subsection 56(2) is amended, in the part after clause (c) and before clause (d), by striking out "bargaining agent affected by the intermingling" and substituting "bargaining agent or employer affected by the intermingling".
Subsection 63(1) is amended by striking out "or subsection 83(3)".
Clause 69(4)(a) is amended by striking out "section 87 or 87.3" and substituting "section 87".
Subsection 74(1) is amended by striking out ", subsection 63(4) or subsection 83(3)" and substituting "or subsection 63(4)".
The centred heading before section 83 and sections 83 to 86 are repealed.
Subsection 87(2.2) is repealed.
Subsections 87(3) and (4) are replaced with the following:
If the parties have not agreed to proceed by arbitration under subsection (2), the board must inquire into the negotiations between the parties and determine
(a) if the party who made the application (in this section, the "applicant party") has bargained in good faith; and
(b) if the parties are likely to conclude a collective agreement within 30 days if they continue bargaining.
The board must
(a) make its determination under subsection (3) within 21 days, even if an unfair labour practice complaint has been filed under subsection 30(1); and
(b) give notice of its determination to the parties.
As an exception, the board may delay making its determination under subsection (3.1) until it is satisfied that the applicant party has bargained sufficiently and seriously with respect to those provisions of the collective agreement that are in dispute between the parties.
If the board determines that the applicant party has not bargained in good faith,
(a) the party's application under subsection (1) is terminated; and
(b) the party may make a new application for the board to settle the provisions of a first collective agreement between the parties.
Within 10 days after the board gives notice that the applicant party is bargaining in good faith, the employer and the bargaining agent may serve a notice on the board stating that they wish to have the collective agreement settled by arbitration. The notice must name a person who has agreed to act as arbitrator.
Arbitrator to settle collective agreement
The arbitrator must settle the provisions of the collective agreement within 60 days after notice is served on the board under subsection (3.4).
Application of provisions respecting arbitrator
The provisions of this Act respecting arbitration apply, with necessary changes, to an arbitrator acting under this section.
If parties do not proceed with arbitration
If the parties do not agree to proceed by arbitration under subsection (3.4), the board must give the parties notice of the following:
(a) if the board is of the opinion that the parties might conclude a first collective agreement within 30 days, that the board declines to settle the provisions of a first collective agreement between the parties;
(b) if the board is of the opinion that a new collective agreement is unlikely to be concluded through further bargaining, that the board will settle the provisions of a first collective agreement between the parties.
Board to assist parties reach agreement
The board may appoint a board representative or a conciliation officer to assist the parties in concluding a first collective agreement under clause (4)(a).
Conclusion of collective agreement by board
The board must settle the provisions of a first collective agreement between the parties,
(a) if the parties fail to conclude a first agreement within 30 days after the board gives notice under clause (4)(a), within 60 days after the expiry of that 30-day period; or
(b) within 90 days after the board gives notice under clause (4)(b).
The centred heading before section 87.1 and sections 87.1 to 87.4 are repealed.
The following is added before subsection 132.1(1) as part of Part VII.1:
The following definitions apply in this Part.
"compensation" has the same meaning as in The Public Sector Compensation Disclosure Act. (« rémunération »)
"compensation statement" means a compensation statement for a fiscal year containing the information set out in subsection (2.2). (« déclaration de rémunération »)
"fiscal year" means the fiscal year of the union. (« exercice »)
"indexed" has the same meaning as in The Public Sector Compensation Disclosure Act. (« indexé »)
The following is added after subsection 132.1(2):
Audited statement given without request to public sector union members
A public sector union must ensure that
(a) its financial statement is audited by an independent auditor; and
(b) a copy of its audited financial statement is given to its members with or without a request in a manner set out in subsection (2.5).
Compensation statement for public sector union members
Every public sector union must give a copy of a compensation statement to its members with or without a request in a manner set out in subsection (2.5).
Content of compensation statement
A public sector union's compensation statement must set out the amount of compensation it paid or provided in its last fiscal year, directly or indirectly, individually, to, or for the benefit of, each of its officers and employees whose compensation is $75,000 (indexed) or more. The statement must be certified to be a true copy by the union's treasurer or other officer responsible for handling and administering its funds.
Transition — first compensation statement
The first compensation statement provided by the public sector union after this subsection comes into force must contain, in addition to the information set out in subsection (2.3), comparative information about the compensation of each affected officer or employee for the immediately preceding fiscal year.
A public sector union must give its members a copy of its audited financial statement and its compensation statement by
(a) personally giving the statements to the member;
(b) mailing the statements to the member;
(c) posting the statements in the workplace;
(d) posting the statements online on a secure website to which the member has access; or
(e) providing the statements in any other manner that ensures that the member receives them.
Subsection 132.1(3) is amended by replacing the part before clause (a) with the following:
If a member of a union complains to the board that the union has failed to give the member a financial statement, or in the case of a member of a public sector union, an audited financial statement or a compensation statement, in compliance with this section, the board may direct the union to
Subsection 132.1(3) is further amended
(a) in clause (a), by striking out "financial statement of its affairs to the end of its last fiscal year" and substituting "statement"; and
(b) in clause (b) of the French version, by adding "ou de la déclaration" after "l'état".
Subsection 132.1(5) is amended by striking out "financial" wherever it occurs.
The following is added after subsection 140(1):
Restricted disclosure re names of signatories
Despite subsection (1), information provided to an affected person in respect of an application for certification or to cancel a certification or terminate bargaining rights must not include the name of any of the signatories in support of the application.
The following is added after section 140:
Expenses of board — matters without merit
When a party's request, application or complaint is dismissed under subsection 140(8) for being without merit, the board may order the party to pay one or both of the following in respect of the matter:
(a) all or part of the board's costs;
(b) all or part of the costs incurred by any other party.
The costs ordered under clause (1)(a) or (b) are a debt owing to the board or to the party awarded the costs by the party whose request, application or complaint was dismissed. That party must pay the debt within 30 days after being served the order by the board.
Subsection 143(11) (enforcement) applies, with necessary changes, to the board's enforcement of an order made under clause (1)(a).
Subsection 141(1) is amended
(a) in clause (c), by adding ", including votes conducted electronically or by telephone" at the end; and
(b) in clause (f.1), by adding "and compensation statements" after "financial statements".
Subsection 142(1) is amended by adding the following after clause (g):
(g.1) to conduct votes at a location or in a manner that, in the board's opinion, is appropriate in the circumstances, including to conduct a vote outside the workplace and to conduct votes electronically or by telephone;
In this section, "former Act" means The Labour Relations Act as it read immediately before the coming into force of this Act.
Transitional — re technological change
Sections 83 to 86 of the former Act continue to apply in respect of an employer bound by a collective agreement affecting a unit of employees and the bargaining agent bound by that agreement if the agreement does not include provisions dealing with technological change, but only until the agreement is revised and renewed.
Transitional — applications made before coming into force
An application made under section 87 or 87.1 of the former Act but not completed before the coming into force of this Act must be dealt with under the former Act.
This Act comes into force on the day it receives royal assent.