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The Public Schools Amendment and Consequential Amendments Act

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S.M. 2000, c. 43

THE PUBLIC SCHOOLS AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to August 18, 2000)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P250 amended

1         The Public Schools Act is amended by this Act.

2         The following is added as a preamble:

WHEREAS a strong public school system is a fundamental element of a democratic society;

AND WHEREAS the purpose of the public school system is to serve the best educational interests of students;

AND WHEREAS the public school system should contribute to the development of students' talents and abilities;

AND WHEREAS public schools should contribute to the development of a fair, compassionate, healthy and prosperous society;

AND WHEREAS the public school system must take into account the diverse needs and interests of the people of Manitoba;

AND WHEREAS democratic local school divisions and districts play an important role in providing public education that is responsive to local needs and conditions;

AND WHEREAS parents have a right and a responsibility to be knowledgeable about and participate in the education of their children;

AND WHEREAS public schools require skilled and committed staff in order to be effective;

AND WHEREAS it is in the public interest to further harmonious relations between teachers and their employers through a process of collective bargaining consistent with the principle that resources must be managed efficiently and effectively;

AND WHEREAS the Province of Manitoba and school divisions and districts share responsibility for the financing of the public schools;

3         Subsection 95(3) is repealed and the following is substituted:

Labour Relations Act applies

95(3)     Section 78 of The Labour Relations Act applies to any dispute as to the meaning, application or alleged violation of a provision of a collective agreement relating to sick leave of teachers.

4         Part VIII, except subsection 101(6), is repealed and the following is substituted:

PART VIII

ARBITRATION OF COLLECTIVE BARGAINING DISPUTES

INTRODUCTORY PROVISIONS

Definitions

97(1)     The definitions in this subsection apply in this Part.

"dispute" means any dispute or difference, or apprehended dispute or difference, between a school board and one or more of the teachers it employs or a bargaining agent acting on behalf of those teachers as to

(a) matters or things affecting or relating to terms or conditions of employment or work done or to be done by the employer or by the teacher or teachers, or

(b) privileges, rights and duties of the school board or the teacher or teachers that are not specifically set out in this Act or The Education Administration Act or in the regulations made under either of those Acts.

However, it does not include a controversy or difference arising out of the termination or threatened termination of a teacher's contract. (« différend »)

"party" means the bargaining agent for a unit of teachers on the one hand, or the school board that employs those teachers on the other hand, and "parties" means the two of them. (« partie »)

"teacher" means a person employed by a school board under a written contract in Form 2 of Schedule D or in any other form approved by the minister under section 92 and who holds a valid and subsisting teacher's certificate or limited teaching permit issued under The Education Administration Act. It includes a principal, a vice-principal and a person certified as a clinician. It does not include a superintendent, assistant superintendent or deputy superintendent. (« enseignant »)

"unit" has the same meaning as in The Labour Relations Act, and includes a group of teachers. When the expression "appropriate for collective bargaining" is used with reference to a unit, it means a unit that is appropriate for collective bargaining, whether it is a group of teachers employed by a single school board or by two or more school boards. (« unité »)

Words and expressions in Labour Relations Act

97(2)     Words and expressions used in this Part and not defined in subsection (1) have the same meaning as in The Labour Relations Act, except when the context of this Part requires otherwise.

Labour Relations Act applies

98(1)     The Labour Relations Act applies to teachers, bargaining agents for units of teachers, and school boards, but if a provision of this Act conflicts or is inconsistent with The Labour Relations Act, the provision of this Act prevails.

School principals are employees under Labour Relations Act

98(2)     A principal or vice-principal employed by a school board is deemed to be an employee under The Labour Relations Act, and a unit that includes a principal or vice-principal with other teachers is deemed to be a unit appropriate for collective bargaining.

Part does not apply to the Crown

99        This Part does not apply to the Crown in right of Manitoba or to teachers employed by the Crown.

ARBITRATION PROCEEDINGS

When arbitration may be initiated

100       If the parties have been unable to conclude a collective agreement and a period of at least 90 days has elapsed since notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, either party may initiate arbitration proceedings in accordance with this Part to decide the collective bargaining matters in dispute between them.

Terms and conditions of agreement continue in effect

101       Unless the parties agree otherwise, if notice has been given to commence collective bargaining under section 60 or 61 of The Labour Relations Act, the terms and conditions of the collective agreement then in operation continue in effect until the parties conclude a collective agreement or until an arbitration award is made under this Part.

Provision for final settlement of disputes in bargaining

102(1)    Every collective agreement between the parties must contain a provision for the final settlement by arbitration, without stoppage of work, of all disputes arising in collective bargaining between them.

When Labour Relations Act applies

102(2)    Part VII of The Labour Relations Act applies, with necessary changes, to an arbitration carried out under a final settlement provision referred to in subsection (1), except to the extent of any inconsistency with the final settlement provision.

Deemed final settlement provision

103       If a collective agreement between the parties does not contain an arbitration provision for the final settlement of collective bargaining disputes as required by section 102, it shall be deemed to contain the following provisions:

1.  If the parties are unable to agree on the terms of a renewed or revised collective agreement or a new collective agreement, either party may — after a period of at least 90 days has elapsed since notice was given to commence collective bargaining under section 60 or 61 of The Labour Relations Act — notify the other in writing of its desire to submit the matters remaining in dispute to arbitration. The matters in dispute must then be submitted to arbitration in accordance with this section.

2.  If the parties agree to refer the matters to a single arbitrator, they shall appoint an arbitrator to hear and determine the matters and make an award.

3.  If the parties cannot agree to appoint a single arbitrator, they shall take steps to establish an arbitration board to hear and determine the matters and issue an award.

4.  The party that gives the notice under item 1 shall include in the notice a statement of the matters in dispute being referred to arbitration. The other party may also provide the initiating party with a statement in writing of the matters it considers to be in dispute.

5.  A statement referred to in item 4 may be amended at any time before the arbitrator or arbitration board begins hearings, but new items may not be added unless bargaining has taken place respecting them.

6.  After hearings begin, neither of the parties may add further items to the statement of matters in dispute, but a party may modify or withdraw any items during the course of the hearing.

7.  Part VII of The Labour Relations Act applies, with necessary changes, to the arbitration of collective bargaining disputes between the parties.

Class size and composition cannot be arbitrated

104(1)    Notwithstanding any other provision of this Act, the size and composition of classes in schools shall not be referred for arbitration and shall not be considered by an arbitrator or arbitration board or included in an arbitration award, but collective bargaining may be carried out respecting those matters.

Obligation to act fairly

104(2)    A school board shall act reasonably, fairly and in good faith in administering its policies and practices about class size and composition.

Failure to comply

104(3)    Any failure by a school board to comply with subsection (2) may be the subject of a grievance under the collective agreement and may be dealt with in accordance with the grievance process set out in the agreement.

ARBITRATION AWARD

Time limit for award — single arbitrator

105(1)    An arbitrator shall make an award within 30 days after concluding the proceedings, or within any longer period that the parties agree to.

Time limit for award — arbitration board

105(2)    An arbitration board shall make an award within 60 days after concluding the proceedings, or within any longer period that the parties agree to.

Content of award

105(3)    The award shall set out the decision of the arbitrator or arbitration board as to how the matters in dispute between the parties are to be settled.

Reasons

105(4)    The award shall state the reasons on which it is based.

Decision given to the Labour Board and the minister

105(5)    When the award is given to the parties, the arbitrator or arbitration board shall also give a copy to The Manitoba Labour Board and to the minister.

Award binding

106       An award of an arbitrator or arbitration board is binding on the bargaining agent, the teachers in the unit involved in the dispute and the school board.

Clarification of award

107       Within 30 days after an award is made, either party may request the arbitrator or arbitration board to clarify the award or a part of it. The award shall not be considered to be made until the clarification is provided.

Collective agreement following award

108       Within 30 days after an award is made, the parties to the arbitration shall prepare and sign a collective agreement embodying all matters settled in the award.

Collective agreement binding

109       A collective agreement entered into by a bargaining agent for a unit of teachers and a school board is binding on

(a)  the bargaining agent and every teacher in the unit to which the collective agreement applies; and

(b)  the school board.

STRIKES AND LOCKOUTS PROHIBITED

Strike by teachers prohibited

110(1)    No teacher shall strike.

Strike authorization by bargaining agent prohibited

110(2)    No bargaining agent for a unit of teachers shall declare or authorize a strike.

Lockout by school board prohibited

111       No school board shall declare or cause a lockout of teachers.

Penalty for illegal lockout — school board

112(1)     Every school board that declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000.

Penalty for illegal lockout — person

112(2)    Every person who, acting on behalf of a school board, declares or causes a lockout of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

Penalty for illegal strike — bargaining agent

112(3)    Every bargaining agent that declares or authorizes a strike of teachers is guilty of an offence and is liable on summary conviction to a fine of not more than $25,000.

Penalty for illegal strike — officers

112(4)    Every officer or representative of a bargaining agent who authorizes or participates in a strike vote of teachers, or declares or authorizes a strike of teachers, is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

Continuing offence

112(5)    Each day that a school board, person acting on behalf of a school board, bargaining agent, or officer or representative of a bargaining agent contravenes a provision of this Act constitutes a separate offence.

5         Subsection 101(6) is renumbered as section 92.1.

Transitional: definition of "former Act"

6(1)      In this section, "former Act" means Part VIII of The Public Schools Act as it was prior to the coming into force of this Act.

When former Act applies

6(2)      The former Act applies to the renewal, revision or replacement of any collective agreement that expires before June 30, 2000.

When this Act applies

6(3)      This Act applies to the renewal, revision or replacement of any collective agreement that expires on or after June 30, 2000.  For that purpose, any notice to begin collective bargaining given under the former Act respecting the renewal, revision or replacement of such an agreement is deemed to have been given under section 60 or 61 of The Labour Relations Act.

6(3.1)    Notwithstanding subsection (3), arbitration proceedings may not be initiated under Part VIII of The Public Schools Act (as enacted by this Act) until 90 days after this Act comes into force, during which time the parties must bargain collectively in good faith with one another and make every reasonable effort to conclude a collective agreement.

Regulations, orders, certificates, etc. continue in force

6(4)      Every regulation, order, decision or determination made, and every certificate issued, by the Collective Agreement Board under the former Act shall, in so far as that regulation, order, decision and determination or certificate might be made or issued by the The Manitoba Labour Board under The Labour Relations Act, be deemed to have been made or issued by The Manitoba Labour Board under The Labour Relations Act.

Transitional: class size and composition

7(1)      After this Act comes into force, the minister shall appoint a commission to consider whether a provincial policy should be established under The Public Schools Act concerning the size and composition of classes in schools.

Appointing the commission

7(2)      Before appointing the commission, the minister shall consult with teachers, school trustees, school superintendents and parents about its composition.

Hearings and consultation

7(3)      The commission shall hold public hearings and consult with teachers, school boards, school superintendents, parents and pupils.

Report within two years

7(4)      Within two years after this Act comes into force, the commission shall make a report to the minister as to whether a provincial policy should be established on class size and composition. If the commission recommends a provincial policy, the report must also set out the commission's recommendations as to the content of the policy.

Report tabled in the Assembly

7(5)      The minister shall lay the commission's report before the Legislative Assembly within five sitting days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.

Repeal of section 104

7(6)      Section 104 of The Public Schools Act (as enacted by this Act) is repealed six months after the day the minister lays the commission's report before the Assembly.

Consequential amendments, C.C.S.M. c. L10

8(1)      The Labour Relations Act is amended by this section.

8(2)      The definition "collective agreement" in section 1 is amended by adding ", or a collective agreement settled by arbitration under The Public Schools Act" at the end.

8(3)      Subsection 4(2) is repealed.

8(4)      Subsection 4(3) is amended by adding the following after clause (e):

(f) The Public Schools Act and The Education Administration Act.

8(5)      The following is added after subsection 79(3):

No application to dismissal of teachers

79(4)     This section does not apply to the dismissal of teachers governed by Part VII of The Public Schools Act.

Coming into force

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