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The Labour Relations Amendment Act

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S.M. 1996, c. 32

THE LABOUR RELATIONS AMENDMENT ACT


 

(Assented to November 19, 1996)

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2         Subsection 4(2) is repealed and the following is substituted:

Teachers excluded except for certain provisions

4(2)      This Act, other than sections 29.1, 76.1 and 132.1 to 132.11 and the provisions that relate to the administration and enforcement of those sections to the extent that they so relate, does not apply to a person or organization to which Part VIII of The Public Schools Act applies.

3         Subsection 12(2) is repealed and the following is substituted:

Defence

12(2)     An employer or person acting on behalf of an employer does not commit an unfair labour practice under this section if he or she satisfies the board that the refusal to reinstate the employee in employment was for a cause for which the employee might have been discharged from employment outside the context of a strike or a lockout.

4         Subsection 14(3) is repealed.

5         The following is added after section 14:

Strike-related misconduct

14.1      Every employer, employers' organization, union or employee and every person acting on behalf of an employer, employers' organization, union or employee and every other person or organization who or which engages in strike-related misconduct commits an unfair labour practice.

6         The following is added after section 29:

Failure to consult regarding use of union dues for political purposes

29.1      Every union, and every person acting on behalf of a union, who fails to comply with any requirement of section 76.1 in the circumstances described in that section commits an unfair labour practice.

7         Subsections 39(4) and (5) are repealed.

8         Subsection 40(1) is repealed and the following is substituted:

Representation vote or dismissal

40(1)     Subject to this Part, where the board has received an application for certification and is satisfied

(a) that, as at the date of the filing of the application, 40% or more of the employees in the proposed unit wished to have the union represent them as their bargaining agent, the board shall conduct a vote among the employees in the proposed unit in accordance with subsection 48(2); or

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

Board may determine voting constituency

40(1.1)   On receiving an application for certification, if the board has not as yet determined the unit that is appropriate for collective bargaining, the board may determine the voting constituency to be used for the vote mentioned in subsection (1) and, in doing so, shall take into account

(a) the description of the proposed bargaining unit included in the application for certification; and

(b) the description, if any, of the bargaining unit that the employer proposes.

9         Subsection 48(3) is repealed and the following is substituted:

Vote within seven days

48(3)     A vote under subsection 40(1) shall be held within seven days after the day on which the application for certification is filed with the board.

Board's power to extend time

48(4)     Despite subsection (3), the board may extend the time for taking a vote, if the board is satisfied that exceptional circumstances exist warranting an extension of the time.

Computation of time

48(5)     For the purposes of subsections (3) and (4), the period of time shall be computed not including holidays and days during which the offices of the board are not open to accept documents that may be or are required to be filed.

10        Section 69 is amended by striking out "union members" and substituting "employees"

(a) in subsection (1);

(b) in subsection (2); and

(c) in subsection (3).

11        Subsection 70(1) is amended by striking out "union member" and substituting "employee".

12        Section 71 is amended by striking out "union members" and substituting "employees".

13        Subsection 72(1) is amended by striking out "union members" and substituting "employees".

14        The following is added after section 72:

Employer may request vote

72.1(1)   Before the commencement of a strike or lockout, the employer of the employees in the affected unit may request that a vote of the employees be taken to determine whether the employees accept or reject the offer of the employer last received by the union in respect of all matters remaining in dispute between the parties, and the minister may, on any terms and conditions that he or she considers necessary, order that a vote of the employees in the unit to accept or reject the offer be held immediately, and thereafter no further such request shall be made by the employer.

Minister may require ratification vote

72.1(2)    If at any time during a strike or lockout, the minister is of the opinion that it is in the public interest for employees in the affected unit to be given the opportunity to accept or reject the offer of the employer last received by the union respecting all matters remaining in dispute between the parties, the minister may, on any terms and conditions that he or she considers necessary, order that a vote of the employees in the unit to accept or reject the offer be held immediately.

Board to conduct vote

72.1(3)   The board shall conduct any vote ordered by the minister under this section.

Board to determine all questions

72.1(4)   The board shall determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result.

Consequences of favourable vote

72.1(5)   If a majority of the employees participating in the vote accept the employer's last offer, the provisions of section 72 apply with any necessary modifications.

15        The following is added after section 76:

Consultation re use of union dues for political purposes

76.1(1)   Every union shall develop and implement a process for consulting each employee who is in a unit that is governed by a collective agreement between the union and the employer of the employees about whether they wish their union dues to be used for political purposes.

Right of employee to object

76.1(2)   An employee who objects to the use of his or her union dues for political purposes may so advise the union in writing and may direct that any amount of his or her union dues proposed to be used for political purposes be remitted by the union to a registered charity designated by the employee, and the union shall remit on an annual basis the dues to the registered charity designated by the employee.

Definitions

76.1(3)   In this section,

"political purposes" includes

(a) a donation to a political party,

(b) a donation to a candidate in a provincial or federal election or an election conducted under The Local Authorities Election Act, and

(c) expenses incurred for advertising in connection with a provincial or federal election or an election conducted under The Local Authorities Election Act; (« fins politiques »)

"union dues" means dues deducted from the wages of employees in a unit affected by a collective agreement and remitted to a union as provided in subsection 76(1) or pursuant to a collective agreement. (« cotisations syndicales »)

16        Clause 77(a) of the English version is amended by striking out "in respect or a unit" and substituting "in respect of a unit".

17(1)      Subsection 111(2) is amended by striking out ", the members thereof, and a mediator" and substituting "and its members".

17(2)     The following is added after subsection 111(3):

Costs of mediator

111(4)    The remuneration and expenses of a mediator appointed under section 95 shall be paid as follows:

(a) 1/3 of the amount shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act; and

(b) 2/3 of the amount shall be paid in equal shares by the parties.

18(1)     Subsection 130(1) is amended by adding "concerning the dismissal or suspension for a period exceeding 30 days of an employee or concerning any other matter that the board considers to be of an exceptional nature" after "thereunder".

18(2)     Subsection 130(3) is repealed and the following is substituted:

Time for referral

130(3)    No grievance under a collective agreement shall be referred to the board under this section unless

(a) the grievance procedure under the collective agreement has been exhausted; or

(b) 14 days have elapsed from the day on which the grievance was first brought to the attention of the other party;

whichever first occurs.

18(3)     Clause 130(5)(a) is repealed and the following substituted:

(a) shall appoint an arbitrator to hear and determine the matter arising out of the grievance, who shall be

(i) the arbitrator provided for in the collective agreement if that arbitrator is available within the time periods prescribed in this section, or

(ii) if no arbitrator is provided for in the collective agreement or if that arbitrator is not available within the time periods prescribed by this section, an arbitrator from the list of arbitrators under subsection 117(2);

18(4)     Subsection 130(10) is repealed and the following is substituted:

Hearing and decision

130(10)   Where the parties are unable to settle the grievance, the arbitrator appointed under subsection (5) shall proceed to hear and determine the matter arising out of the grievance and shall, subject to subsection (11), issue a decision on the matter within 14 days after the conclusion of the hearing.

19        The following is added after Part VII:

PART VII.1

DISCLOSURE OF INFORMATION BY UNIONS

Definitions

132.1     In this Part,

"compensation" means compensation pursuant to any arrangement, including an employment contract, calculated to include the total value of all cash and non-cash salary or payments, allowances, bonuses, commissions and perquisites, including

(a) all overtime payments, retirement or severance payments, lump sum payments and vacation pay-outs,

(b) the value of loan or loan interest obligations that have been extinguished and the value of imputed interest benefits from loans,

(c) long term incentive plan earnings and payouts,

(d) the value of the benefit derived from vehicles or allowances with respect to vehicles,

(e) the value of the benefit derived from living accommodation or any subsidy with respect to living accommodation,

(f) payments made for exceptional benefits not provided to the majority of employees of the union, and

(g) payments for memberships in recreational clubs or organizations; (« rémunération »)

"compensation statement" means a compensation statement for a fiscal year containing the information prescribed in subsection 132.2(1); (« déclaration de rémunération »)

"financial statement" means a financial statement for a fiscal year containing the information prescribed in subsection 132.2(2); (« état financier »)

"fiscal year" means the fiscal year of the union; (« exercice »)

"union dues" means dues deducted from the wages of employees in a unit affected by a collective agreement and remitted to a union as provided in subsection 76(1) or pursuant to a collective agreement. (« cotisations syndicales »)

Financial statements and compensation statements to be filed with board

132.2(1)  For each fiscal year ending on or after June 30, 1996, a union shall, not later than six months after the end of its fiscal year, file with the board a copy of its audited financial statement for that fiscal year and a compensation statement for that fiscal year, certified to be correct by its auditor, of the amount of compensation it pays or provides in the fiscal year, directly or indirectly, to, or for the benefit of, each of its officers and employees whose compensation is $50,000 or more.

Contents of financial statement

132.2(2)  The financial statement of a union shall set out the union's income and expenditures for the fiscal year in sufficient detail to disclose accurately the financial condition and operation of the union and the nature of its income and expenditures.

Strike funds not included

132.2(3)  For greater certainty, a union is not required to disclose the amount of its strike fund pursuant to this Part, but is required to disclose expenditures out of its strike fund during a fiscal year.

First compensation statement

132.2(4)  The first compensation statement filed by a union under this Part shall contain, in addition to the information prescribed in subsection (1), comparative information about the compensation of each affected person for the immediately preceding fiscal year.

Names of individuals to be disclosed

132.2(5)  A union shall disclose the required information about compensation by setting out the name of the individual and his or her position or positions and total compensation.

Compliance not breach of other Act or agreement

132.3     The disclosure of information pursuant to this Part is deemed not to contravene any Act or agreement whether the Act was enacted or the agreement was made before or after the coming into force of this Part.

Inspection by employee on request

132.4(1)  The board shall permit an employee in a unit of employees for which a union is the bargaining agent to inspect the financial statement and compensation statement of the union during the normal office hours of the board.

Organized group or federation of unions

132.4(2)  In the case of financial statements and compensation statements filed by organized groups or federations of unions, the board shall permit an employee in a unit for which a union that is a member of the organization or federation is the bargaining agent, to inspect the financial statement and compensation statement of the organization or federation of unions during the normal office hours of the board.

Employee may request copy

132.4(3)  An employee mentioned in subsection (1) or (2) is entitled to receive a copy of the financial statement and compensation statement of the union from the board on payment to the board of any reasonable administrative fee the board may require.

Employee may request information from union

132.5     Nothing in this Part prohibits an employee in a unit of employees for which a union is the bargaining agent from approaching the union directly requesting a financial statement or compensation statement of the union or further information about a financial statement or compensation statement of the union.

Request for further information

132.6(1)  An employee in a unit of employees for which a union is the bargaining agent may, on payment of any fee that the board may require, file a request with the board in a form prescribed by the board for information respecting the income or expenditures of the union or the compensation paid or provided by the union in addition to the information contained in a financial statement or compensation statement filed under subsection 132.2(1) by the union.

Board may order certified statement

132.6(2)  On receiving a request under subsection (1), the board may, if the board is satisfied that the financial statement or the compensation statement filed by the union does not meet the requirements of section 132.2, order the union to prepare a revised financial statement or compensation statement in any form and containing any information that the board considers appropriate and may require that the revised financial statement or compensation statement be certified by an auditor.

Revised statement to be filed within 90 days

132.6(3)  A revised financial statement or compensation statement required to be prepared under subsection (2) shall be filed with the board within 90 days after the day the order of the board is served on the union.

Inspection of revised statement

132.6(4)  Section 132.4 applies, with any necessary modifications, to revised financial statements and compensation statements.

Failure to file

132.7(1)  If a union fails to file with the board a financial statement or compensation statement or revised financial statement or compensation statement as required by this Part, an employee in a unit of employees for which the union is the bargaining agent may seek an order of the board confirming that the union has not filed the financial statement or compensation statement or revised financial statement or compensation statement.

Service of order

132.7(2)  The board shall serve an order made under subsection (1) on the union and on the employer of the employee who sought the order.

Union may file within 30 days

132.7(3)   If a union files a financial statement or compensation statement or revised financial statement or compensation statement, as the case may be, for the relevant fiscal year with the board within 30 days after being served with an order of the board under subsection (2), the board shall serve a notice on the employee who sought the order and on the employer of the employee advising that the union has filed the necessary statement.

Consequences of failure to file

132.7(4)  If a union fails to file a financial statement or compensation statement or revised financial statement or compensation statement within 30 days after being served with an order of the board under subsection (2), the board shall, subject to section 132.8, order the employer of the employee who sought the order under subsection (1) to stop deducting union dues from the wages of employees in the unit affected by a collective agreement between the union and the employer and remitting them to the union.

Employer not to deduct union dues

132.7(5)  On receiving an order of the board under subsection (4), the employer shall not deduct from the wages of each employee in the unit affected by a collective agreement between the union and the employer the amount or the portion of the amount, as the case may be, of the regular union dues payable by the employee and shall not remit those amounts to the union.

Employer not in breach of Act or agreement

132.7(6)  For greater certainty, an employer who does not collect and remit union dues or a portion of union dues as a result of an order of the board under subsection (4) is not in breach of any provision of this Act or a collective agreement that requires an employer to deduct regular union dues from the wages of an employee and remit them to the union.

Consideration of professional, insurance and other benefits

132.8     If, in the case of a particular union, the board is satisfied that a portion of the union dues deducted from the wages of employees in a unit of employees for which the union is the bargaining agent is used to maintain the professional status of those employees or is used in respect of pension, superannuation, sickness, insurance or other benefits for those employees, the board shall limit an order under subsection 132.7(4) to apply only to that portion of the union dues that is not used for such purposes.

If union files

132.9(1)  If at any time the union files the necessary financial statement or compensation statement or revised financial statement or compensation statement, the board shall order the affected employer to resume deducting union dues from the wages of employees in the unit represented by the union and remitting them to the union.

Employer to resume deducting union dues

132.9(2)  On receiving an order of the board under subsection (1), the employer shall, from the date of the order, resume deducting union dues from the wages of employees in the unit represented by the union and remitting them to the union.

Provisions that do not apply

132.10(1) Subsection 143(11) and sections 145, 149 and 150 do not apply to a person or union that does not file a financial statement or compensation statement or revised financial statement or compensation statement as required by this Part.

Application to organized groups and federations

132.10(2) In this section, "union" does not include an organized group or federation of unions.

Extension of time

132.11    Notwithstanding section 132.2, the first disclosure may be made at any time before February 15, 1997.

20        Subsection 141(1) is amended

(a) by adding the following after clause (f):

(f.1) the form of financial statements and compensation statements required to be filed with the board under Part VII.1;

(f.2) the form of a request for further information under subsection 132.6(1);

(f.3) the fees, if any, to be charged by the board in respect of any request, referral or application made to the board under the Act;

(b) by striking out "or arbitration decisions" in clause (l) and substituting ", arbitration decisions or any other documents".

Coming into force

21        This Act comes into force on February 1, 1997.