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C.C.S.M. c. L10: Table of Contents

C.C.S.M. c. L10

The Labour Relations Act

1 Definitions
2(1) Employees deemed not to cease being employees
(2)
(3) Use of masculine gender
3 Crown bound by Act
4(1) Application of Act
(2)
(3) Subject to other Acts
PART I
UNFAIR LABOUR PRACTICES AND INFRINGEMENT OF RIGHTS
5(1) Union membership rights
(2) Employer organization rights
(3) Interference with rights
6(1) Employer's interference with union
(2)
(3) Exception
7 Discrimination in hiring etc.
8 Discrimination within unions
9 Discrimination during organizational period
10(1) Restriction on change of conditions on application for certification
(2) Restriction on changes of conditions after certification
(3) Extension of period
(4) Restrictions on changes of conditions after termination of collective agreement
11 Hiring permanent replacement workers
12(1) Reinstatement after strike or lockout
(2) Defence
(3) Available work defined
13(1) Reinstatement where no collective agreement
(2) End of lockout or strike
(3) Other provisions applicable
14(1) Using professional strikebreaker
(2) Acting as professional strikebreaker
(3)
14.1 Strike-related misconduct
15(1) Effect of refusal to facilitate struck employer
(2) Where disciplinary action is unfair labour practice
(3) Referral to board
(4) Referral by minister
(5) Saving clause as to wages
16 Discharge, etc., for refusal to perform work of striking employee
17 Unfair labour practice by employer
18 Insurance scheme
19 Unfair labour practice by union
20 Duty of fair representation
21(1) Interference with union representatives visiting employees
(1.1)
(2) Issue of permit
(3) Visit under subsec. (1) not a trespass
22(1) Interference with communications
(2) Meetings re access agreement
(3) Time of first meeting
(4) Assistance from board
(5) Access agreement
(6) Failure to conclude access agreement
(7) Access order
(8) Authorized visit not a trespass
(9) Renegotiation of agreement
23(1) Contractual conditions restraining rights
(2) Collective agreement conditions allowed
(3) Provisions requiring discharge of employees
24(1) Bargaining with unit that is not bargaining agent
(2) Union bargaining for another union's members
(3) Void agreements
25(1) Interrogation prohibited
(2) Defence
26 Not bargaining in good faith
27 Failure to provide information
28(1) Failure to co-operate in conciliation or mediation
(2) Prima facie proof
29 Failure to remit dues
29.1
30(1) Complaint alleging unfair labour practice
(2) Undue delay
(3) Disposition of complaint
(4) Duties of board representative
(5) Results of settlement
31(1) Board hearing
(2) Interim order
(3) Findings of board
(4) Remedies for unfair labour practice
(5) Effect of other proceedings
(6) Unfair labour practice not offence
32(1) Freedom of speech
(2) Right of employer to suspend, discharge, etc.
33(1) Rights against trespassers preserved
(2) Disruption of operations
PART II
CERTIFICATION AND BARGAINING RIGHTS
34(1) Right to apply for certification
(2) Where application may be made at any time
35(1) Application where bargaining agent previously certified
(2) Restrictions on applications for certification
(3) Application after termination of agreement
(4) Further restriction on applications for certification
(5) No application during first six months of work stoppage
(6) Composition of unit during strike or lockout
36(1) Notice to show cause as to change of bargaining agent
(2) Hearing and order
37 Application with consent of board
38 Joint applications
39(1) Determination of appropriate unit
(2) Powers of board on determination of unit
(3) Professional employees in unit
(4) Interim certification
(5) Time not to run until final certificate
40(1) Certification, representation vote, or dismissal
(1.1) Board may determine voting constituency
(2) Representation vote in displacement application
(3) Certification or dismissal based on result
41 Discretionary certification for unfair labour practice
42 Employees employed by two or more employers
43 Employer influence
44 Effect of certification
45(1) Wishes of employees
(2) Minimum membership requirements
(3) Determination of union membership
(3.1) Information to be provided to employee
(3.2) Proof of information provided
(4) Board power re solicitation of membership
(5) Examination and inquiries by board
(6) Board not to disclose membership evidence
46(1) Board may requisition report on appropriateness, etc.
(2) Use of report
(3) Representative not compellable
47(1) Standing of employer on certification application
(2) Standing of employee on certification application
48(1) Votes
(2) Procedure on votes
(3) Vote within seven days
(4) Board's power to extend time
(5) Computation of time
48.1(1) Electioneering on voting day
(2) Electioneering by other persons
49(1) Application for cancellation or termination by employee
(2) Time for application
(3) Exceptional cases
50(1) Dismissal of application to cancel, etc.
(2) Ordering a vote
(3) Dispensing with vote
(4) Board's discretion to dismiss
51 Disposition of application after vote
52 Cancellation of certification where fraud
53(1) Cancellation for abandonment
(2) Employer request for investigation
54 Effect of cancellation of certification, etc.
PART III
SUCCESSOR RIGHTS
55(1) Merger, etc. of bargaining agent
(2) Successor rights and obligations
(3) Effective date of declaration
56(1) Sale of business
(2) Amending certificate, etc. where intermingling
(3) Application to open collective agreement
57 Duty on parties to alleged sale
58 Merger or amalgamation of businesses
58.1 Business coming under provincial law is bound by collective agreement
59(1) Associated businesses, etc.
(2) Duty on affected parties
(3) Effective date of determination
PART IV
COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS
COMMENCING COLLECTIVE BARGAINING
60 Requisition to commence collective bargaining
61(1) Notice to commence collective bargaining for renewal, etc., of agreement
(2) Provision of different period of notice
(3) Notice to revise agreement open to revision
62 Obligation to negotiate
63(1) Effect of notice under section 61
(2) Effect of notice to revise, etc.
(3) Termination by strike or lockout
(4) Effect of notice under 61(3)
(5) More than one notice under subsection (4)
64 Powers of board
65 Limitation on withdrawal from bargaining
66(1) Information as to employees
(2) Information during collective agreement
(3) Board may extend time limit
(4) Other obligations
CONCILIATION
67(1) Appointment of conciliation officer
(2) Functions on conciliation
(3) Conciliation meetings
68(1) Report to minister
(2) Exceeding time limit
(3) Report not admissible
(3.1) Report to board re first collective agreement
(4) No liability
(5) Remuneration for conciliation officers
RATIFICATION VOTES
69(1) Vote to accept or reject proposed agreement
(1.1) Definition of "construction"
(2) Notice and opportunity to cast ballot
(3) Majority determines question
(4) Exceptions
70(1) Complaint about ratification vote
(2) Remedy
(3) Board order final
(4) Deemed compliance
71 Rejection of proposed collective agreement
72(1) Binding collective agreement
(2) Execution and filing
(3) Saving
72.1(1)
(2) Minister may require ratification vote
(3) Board to conduct vote
(4) Board to determine all questions
(5) Consequences of favourable vote
COLLECTIVE AGREEMENTS
73(1) Agreements open to public inspection
(2) Exemption
74(1) Agreement deemed for term of one year
(2) Extension of term of collective agreement
75 Revision during term of agreement
COMPULSORY CHECK-OFF
76(1) Compulsory check-off
(2) Where not in agreement
(3) Determination re religious objector
76.1
77 Application of closed shop agreement to conscientious objector
GRIEVANCE ARBITRATION
78(1) Provision for final settlement
(2) Deemed arbitration provisions
(3) Modification of settlement provision
(4) Final settlement provision binding
(5) Continuation of final settlement provision
79(1) Just cause provision
(2) Deemed just cause provision
(3) Exception for probationary period
(4) No application to dismissal of teachers
OBLIGATION TO ACT FAIRLY AND CONSULT
80(1) Obligation to act fairly, etc.
(2) Deemed fairness provision
(3)
81(1) Consultation during collective agreement
(2) Deemed consultation provision
VOLUNTARY INTEREST ARBITRATION
82(1) Agreed provisions for settlement of disputes in bargaining
(2) Provision not to be arbitrated
TECHNOLOGICAL CHANGE
83(1) Notice of technological change
(2) Contents of notice
(3) Notice to bargain
84 Arbitration of effect of technological change
85(1) Failure to serve notice
(2) Effect of affirmative award
86 Application of sections 83, 84 and 85
SETTLEMENT OF FIRST AGREEMENTS
87(1) Dispute re first agreement
(2) Agreement to proceed by arbitration
(2.1) Arbitrator to settle first collective agreement
(2.2) Application of provisions respecting arbitrator
(3) Conclusion of collective agreement by board
(4) Failure of parties to conclude agreement
(5) Termination of strike or lockout
(6) Procedure for settling agreement
(7) Term of first agreement
(8) Agreement in writing
SETTLEMENT OF SUBSEQUENT AGREEMENTS
87.1(1) Dispute about subsequent agreements
(2) Notice
(3) Board to determine if good faith bargaining
(3.1) Determination within 21 days
(4) Discretion of board
87.2(1) No settlement if good faith bargaining and agreement is likely
(2) New application if no agreement within further 30 days
87.3(1) Settlement
(1.1) New application
(2) Arbitration
(3) Arbitrator to settle collective agreement
(4) Arbitration provisions of this Act apply
(5) Term of collective agreement
(5.1) Extension of term of agreement
(6) Collective agreement binding
(7) Subsections 87(6) and (8) apply
87.4 Review
PART V
LOCKOUTS AND STRIKES
88(1) Lockout offence by employer
(2) Lockout offence on behalf of employer
(3) Strike offence by union
(4) Strike offence on behalf of union
(5) Strike offence by employee
89(1) Restriction on strikes etc., after certification
(2) Restriction on strikes etc., under collective agreement
90 Trade union not entitled to bargain not to declare strike
91 Where employer not to declare lockout
92 Where employee not covered by bargaining rights
93(1) Restriction on strikes until strike vote held
(2) Who can vote
(3) Notice and opportunity to cast ballot
(4) Secret ballot
(5) Disputes
(6) Vote in favour of strike not binding
94 Suspension or discontinuance of operations
PART V.1
94.1 to 94.7
PART VI
MEDIATION, CONCILIATION BOARDS AND INDUSTRIAL INQUIRY COMMISSIONS
95(1) Appointment of mediator on joint request
(1.1) Appointment on request of one party
(2) Appointment on minister's initiative
96 Mediator deemed legally appointed
97(1) Appointment of conciliation board
(2) Three members on conciliation board
98(1) Nomination by parties
(2) Disqualification of certain individuals
(3) Where no nomination, minister appoints member
(4) Chairperson nominated by other two members
(5) Failure to nominate third member
(6) Parties notified of members' names
(7) Action on individual's ceasing to be member
(8) Upon notice given board presumed duly established
99 Oath of office
100 Statement of reference
101(1) Obligation of conciliation board or mediator
(2) Procedure
102 Parties to meet with mediator and conciliation board
103(1) Report to minister within specified time
(2) Failure to report within time limit
(3) Majority report of conciliation board
104 Copy of report to parties
105 Publication of report of conciliation board or mediator
106 Report binding by agreement
107(1) Report and proceedings not evidence in other matters
(2) Where subsection (1) not applicable
(3) No liability
108(1) Times and places of sittings of conciliation board
(2) Quorum of conciliation board
(3) Majority decision of conciliation board
109(1) Powers of conciliation board and mediator
(2) Receiving evidence
(3) Secrecy of information
(4) Offence
(5) Witness fees
110 Entry and inspection
111(1) Remuneration for conciliation boards and mediators
(2) Payment of remuneration and expenses
(3) Clerical assistance
(4) Costs of mediator
112 List of mediators
113(1) Ministerial powers
(2) Reference to industrial inquiry commission
(3) Function and powers of commission and report
(4) Copies of report to parties
(5) Constitution of commission
PART VII
GRIEVANCE ARBITRATION
114 Appointment of arbitrator
115(1) Appointment of arbitration board
(2) Nomination by initiating party
(3) Nomination of second member
(4) Appointment of chairperson
(5) Appointment by board
(6) Failure to comply with agreement
116 Disqualification of certain individuals
117(1) Effect of appointment
(2) List of arbitrators
118 Appointment notwithstanding certain objections
119 Expenses of arbitration
120(1) Powers of arbitrator or arbitration board
(2) Powers of chairperson of arbitration board
(3) Powers of commissioners included
121(1) Substance of matter arbitrated
(2) Remedial authority
(3) Substitution of penalty or remedy
(4) Jurisdiction retained
122 Hearings open to public
123 Certain provisions applicable
124(1) Majority decision at meeting
(2) Final decision in arbitration
125(1) Time limit for arbitrator's decision
(2) Time limit for arbitration board's decision
(3) Jurisdiction retained for specified period
(4) Speed-up of decision
(5) Function of new arbitrator
126 Decision to be filed with board
127 Filing arbitration decision in court
128(1) Decisions final and binding
(2) Judicial review of final decision
(3) Time limitation
(4) Notice of application to board
(5) No extension of grounds
129(1) Minister may appoint grievance mediator
(2) Grievance mediator named in collective agreement
130(1) Referral of grievance to board
(2) Referral of employer grievance
(3) Time for referral: dismissal or suspension over 30 days
(3.1) Time for referral: other cases
(4) Where grievance not referrable
(5) Functions of board
(6) Appointment of part-time vice-chairperson
(7) Board may consolidate grievances
(8) Minister to appoint grievance mediator
(9) Duties of grievance mediator
(10) Hearing and decision
(10.1) Overall time limit for decision
(10.2) Board approval for adjournments
(11) Oral decision
(12) Power and jurisdiction of arbitrator
(13) Application of expedited procedure
(14) Provisions re arbitrations apply
131 Grievance mediator protected
132 Application of The Arbitration Act
PART VII.1
DISCLOSURE OF INFORMATION BY UNIONS
132.1(1) Union to give financial statement to members
(2) Content of financial statement
(3) Complaint
(4) Union must comply
(5) Complaint that financial statement inadequate
132.2 to 132.11
PART VIII
MANITOBA LABOUR BOARD AND GENERAL PROVISIONS
133 Personal grievance of employee
134 Proceedings not invalidated by irregularity
135 Signature to application, notice, or collective agreement
136(1) Service of documents
(2) Service by mail
(3) Proof of service
(4) Service by mail on employers
137 Filings with board
138(1) The Manitoba Labour Board
(2) Composition and appointment
(3) Tenure of chairperson and vice-chairpersons
(4) Tenure of representative members
(5) Selection of chairperson
(6) Selection of vice-chairpersons and other members
(7) Eligibility for reappointment
(8) Salary and expenses
(9) Full-time and part-time appointments
(10) Oath of office
(11) Disqualification of board members
(12) Completion of duties
(13) Annual report
(14) Contents of report
(15) Budget
139(1) Chairperson
(2) Establishing panels
(3) Substitute chairperson
(4) Presiding at meetings
(5) Composition of panels
(6) Authority of panel
(7) Quorum
(8) Majority decision at proceeding
(9) Final decision in matter
140(1) Practice and procedure
(2) Representations in writing
(3) Public hearing
(4) Offence and penalty
(5) Witness fees
(6) Settlement efforts
(7) Deferral to arbitration
(8) Matters without merit
(9) Consent order
(10) Consent order is final order
(11) Conditional order
141(1) Regulations by board
(1.1) Regulations may relate to duties under other Acts
(2) Guidelines
(3) Submissions re guidelines
142(1) Board powers
(2) Powers of commissioners
(3) Certain powers of chairperson or vice-chairperson
(4) Board delegation of power
(5) Determination of questions by board
143(1) Relationship between board and courts
(2) No judicial review during proceeding
(3) Board review
(4) Reference to Court of Appeal
(5) Judicial review on constitutional grounds
(6) Judicial review of final decision
(7) Deemed final decision
(8) No extension of grounds
(9) Board has standing
(10) Reference to board
(11) Enforcement
144(1) Not compellable witness
(2) No liability
(3) Proof of certificate of board, etc.
145 Refusal to comply with order
146(1) Prosecution of employers' organization or union
(2) Information for several offences
147 Officer of corporation, etc.
148(1) Limitation on prosecution
(2) Consent of board to prosecution
149 Penalties general
150(1) Liability for damages
(2) Breach of contract
(3) Status of employers' organizations or unions