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The Health Sector Bargaining Unit Review Act

S.M. 2017, c. 25

Bill 29, 2 nd Session, 41st Legislature

The Health Sector Bargaining Unit Review Act

DEFINITIONS
1 (1) Definitions
(2) Labour Relations Act definitions
BARGAINING FRAMEWORK
2 (1) Appropriate bargaining units
(2) Single bargaining unit
(3) All unionized employees to be included
(4) Multi-employer certification
3 (1) Employers organization for health region
(2) Employer bargaining representative
(3) Exclusive jurisdiction to bargain
4 (1) Bargaining representative for province-wide health employer
(2) Exclusive jurisdiction to bargain
COMMISSIONER
5 (1) Appointment of commissioner
(2) Term
(3) Responsibilities carried out as soon as practicable
BARGAINING UNITS
6 Commissioner to determine composition of bargaining units
7 Commissioner to seek views of unions and employers
DETERMINING BARGAINING AGENTS
8 (1) Determining bargaining agent
(2) Affiliated unions
(3) Unions eligible for selection
(4) If only one eligible union
(5) Representation vote if two or more eligible unions
(6) Voting procedures
INTERIM COLLECTIVE AGREEMENT
9 (1) Existing agreement applies until new agreement negotiated
(2) Earlier transition at option of employees
(3) No certification application
NEGOTIATING A REVISED COLLECTIVE AGREEMENT
10 (1) Receiving collective agreement
(2) Designation
(3) Notice of intent to commence bargaining
(4) When agreement negotiated
11 (1) Commissioner's powers re intermingling of employees
(2) Considerations
12 (1) If agreement not negotiated
(2) No effect on commissioner's jurisdiction
SENIORITY AND SERVICE RECOGNITION
13 Seniority and service recognition
EFFECT OF CHANGES
14 (1) No termination of employment
(2) No right to compensation
(3) Exception
COMMISSIONER'S GENERAL JURISDICTION
15 (1) Jurisdiction of the commissioner
(2) Questions for decision of the commissioner
16 Powers under Part V of Evidence Act
17 Procedural rules
18 Power to delegate
ORDERS OF THE COMMISSIONER
19 Commissioner may issue, amend or rescind certificates
20 Incidental orders
21 Order may amend or rescind Labour Board order
22 Same effect as if made by Labour Board
23 Retroactive decisions and orders
24 Statutes and Regulations Act does not apply
25 (1) Decisions and orders are final
(2) Judicial review
GENERAL PROVISIONS
26 Conflict with Labour Relations Act
27 Labour Relations Act applies after revised agreement concluded
28 Commissioner not compellable as a witness
29 Protection from liability
30 Certificate of commissioner admissible
31 (1) Regulations
(2) Application of regulations
32 Continuing effect of bargaining framework
C.C.S.M. REFERENCE AND COMING INTO FORCE
33 C.C.S.M. reference
34 Coming into force