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The Labour Relations Amendment Act

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S.M. 1992, c. 43

The Labour Relations Amendment Act

(Assented to June 24, 1992)

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 Amendment Act is amended by this Act.

2           Subsection 2(2) is repealed.

3(1)        Subsection 6(1) is amended by striking out "Every" and substituting "Subject to subsection 32(1), every".

3(2)        Subsection 6(2) is repealed.

3(3)        Subsection 6(3) is amended

(a) by striking out "that," and substituting "that the employer, employers' organization or person";

(b) in clause (a)

(i) by striking out "he", and

(ii) in the English version, by striking out "him" and substituting "any of them";

(c) in clause (b), by striking out "he";

(d) in clause (c),

(i) by striking out "he", and

(ii) in the English version, by striking out "his premises" and substituting "the premises of any of them";

(e) in clause (d), by striking out "he";

(f) in clause (e)

(i) by striking out "he",

(ii) in the English version, by striking out "his",

(iii) by striking out "dependants." and substituting "dependants; or"; and

(g) by adding the following after clause (e):

(f) communicates to an employee a statement of fact or an opinion reasonably held with respect to the employer's business.

4           The section heading preceding section 17 is repealed and "Unfair labour practice by employer" is substituted.

5 The section heading preceding section 19 is repealed and "Unfair labour practice by union" is substituted.

6           Subsection 40(1) is amended

(a) in the English version, by striking out "receivd" and substituting "received";

(b) in clause (a), by striking out "55%" and substituting "65%";

(c) in clause (b),

(i) by striking out "45%" and substituting "40%", and

(ii) by striking out "55%" and substituting "65%"; and

(d) in clause (c), by striking out "45%" and substituting "40%".

7(1)        The following is added after subsection 45(3):

Information to be provided to employee

45(3.1)     A union, or a person acting on behalf of a union, that solicits the support of an employee for an application for certification shall, at the time of the solicitation, provide the employee with information respecting the amount payable, or that is reasonably expected to be payable, by a member of the union for any initiation fees and regular membership dues.

Proof of information provided

45(3.2)     Proof of compliance with subsection (3.1) may consist of the signature of the employee on a statement that the employee has been provided with information respecting

(a) any initiation fees and regular membership dues of the union; or

(b) where any such initiation fees and regular membership dues are not determined, the manner in which the initation fees and membership dues are determined;

and that the employee understands the information.

7(2)        Subsection 45(4) is repealed and the following is substituted:

Board power re solicitation of membership

45(4)       Where a union applies to the board to be certified as the bargaining agent for employees in a unit and the board is satisfied that, in the solicitation of memberships, the union or an person acting on behalf of the union

(a) engaged in or committed acts of intimidation, fraud or coercion, or threatened to impose a pecuniary or any other penalty, to compel or induce a person to become a member of the union; or

(b) failed to comply with subsection (3.1);

the board

(c) may, in a case under clause (a), dismiss the application or order a vote to determine the wishes of the employees in the unit; and

(d) shall not, in a case under clause (b), accept the membership of an employee in the union as evidence of the wish of the employee to have the union represent the employee as bargaining agent, where the employee did not receive information in accordance with subsection (3.1).

8           The following is added after section 48:

Electioneering on voting day

48.1(1)     Where the board conducts or orders a vote under this Part, an employer or union or any person acting on behalf of an employer or union who, on the day of the vote, at the place of work or polling place,

(a) distributes printed material; or

(b) engages in electioneering;

for the purpose of influencing the vote, commits an unfair labour practice.

Electioneering by other persons

48.1(2)     Any person, other than a person referred to in subsection (1), who does anything that would be an unfair labor practice under subsection (1) if done by an employer or union is guilty of an offence.

9           The following is added after subsection 68(3):

Report to board re first collective agreement

68(3.1)     Where the appointment of a conciliation officer under subsection 67(1) is in respect of a first collective agreement and, after conferring with the parties, the conciliation officer

(a) is satisfied that the parties have made reasonable efforts to conclude a collective agreement; and

(b) is of the opinion that the parties are not likely to conclude a collective agreement;

the conciliation officer may, after the expiry of 90 days and before the expiry of 120 days from the day of the appointment, for the purpose of subsection 87(1), notify the board and the parties in writing that the parties, after making reasonable efforts, have not been able to conclude a first collective agreement.

10          Subsection 80(3) is repealed.

11(1)        Subsection 87(1) is amended

(a) by repealing clause (b) and substituting the following:

(b) a conciliation officer appointed under subsection 67(1) has notifed the board and the parties under subsection 68(3.1), or 120 days have expired since the appointment;

(b) by adding "and, where a party so applies, the board shall as soon as practicable serve notice on the parties of receipt of the application" after "between the parties".

11(2)       Subsection 87(2) is repealed and the following is substituted:

Agreement to proceed by arbitration

87(2)       Within 10 days after being served with notice under subsection (1), the bargaining agent and employer may serve notice on the board of

(a) the agreement of the bargaining agent and employer to conclude the first collective agreement by arbitration; and

(b) the name of a person who has agreed to act as arbitrator.

Arbitrator to settle first collective agreement

87(2.1)     Within 60 days after a notice is served on the board under subsection (2), the arbitrator shall settle the provisions of the first collective agreement.

Application of provisions respecting arbitrator

87(2.2)     The provisions of this Act respecting arbitration apply with necessary modifications to an arbitrator acting under this section.

11(3)       The heading preceding subsection 87(3) and that part of subsection 87(3) preceding clause (a) are repealed and the following is substituted:

Conclusion of collective agreement by board

87(3)       Where an application is made under subsection (1) and the parties do not agree to proceed by arbitration under subsection (2), the board shall inquire into the negotiations between the parties and, where the parties do not conclude a first collective agreement within 60 days after the date of the application, the board shall, within a further three days

11(4)       Subsection 87(6) is amended

(a) by adding "or arbitrator" after "under this section, the board";

(b) in the French version, by striking out "par écrit; elle donne également" and substituting "par écrit et donne";

(c) by adding "or arbitrator" after "and the board"; and

(d) in clause (b),

(i) by adding "or arbitrator" after "the board"; and

(ii) by striking out "it".

11(5)       Subsection 87(7) is amended

(a) by adding "or an arbitrator" after "Where the board"; and

(b) by adding "or arbitrator" after "which the board".

11(6)       Subsection 87(8) is amended

(a) by adding "or arbitrator" after "The board"; and

(b) by striking out "the provisions of which it settles" and substituting "settled".

12          Subsection 130(6) is amended by striking out "The Board may appoint a" and substituting "Where the board has added the name of a part-time vice-chairperson to the list of arbitrators under subsection 117(2), the board may appoint the".

Coming into force

13(1)       Subject to subsection (2), this Act comes into force on royal assent.

Coming into force: sections 6, 7, 9 and 11

13(2)       Sections 6, 7, 9 and 11 come into force on January 1, 1993.