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C.C.S.M. c. E145

The Essential Services Act (Government and Child and Family Services)

(Assented to November 19, 1996)

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

Definitions

1           In this Act,

"collective agreement" means

(a) a collective agreement as defined in The Labour Relations Act, or

(b) a collective agreement authorized under section 47 of The Civil Service Act;

between a union and an employer covering employees of the employer; (« convention collective »)

"employee" means an employee of the employer who is covered by a collective agreement; (« employé »)

"employer" means

(a) the Government of Manitoba,

(b) an agency as defined in The Child and Family Services Act, and

(c) an authority established under The Child and Family Services Authorities Act; (« employeur »)

"essential services" means services that are necessary to enable the employer to prevent

(a) danger to life, health or safety,

(b) the destruction or serious deterioration of machinery, equipment or premises,

(c) serious environmental damage, or

(d) disruption of the administration of the courts or of legislative drafting; (« services essentiels »)

"essential services agreement" means an essential services agreement concluded under section 4.1; (« accord sur les services essentiels »)

"essential services employee" means an employee who is required to work during a work stoppage as a result of an essential services agreement or a notice under section 7; (« employé assurant des services essentiels »)

"last collective agreement" means the collective agreement between the employer and the union that was last in force with respect to the employees of the employer before the work stoppage was declared; (« dernière convention collective »)

"temporary terms and conditions" means the terms and conditions of employment of employees that existed on the day following the expiration of the last collective agreement; (« conditions temporaires »)

"union" means a union that represents employees of the employer; (« syndicat »)

"work stoppage" means a strike or a lockout as those terms are defined in The Labour Relations Act. (« arrêt de travail »)

S.M. 1997, c. 16, s. 3; S.M. 2001, c. 21, s. 17; S.M. 2011, c. 22, s. 17.

Application

2           This Act applies to every union, every employer and every employee who is covered by a collective agreement between a union and an employer.

S.M. 1997, c. 16, s. 4.

Crown bound

3           Her Majesty in right of Manitoba is bound by this Act.

Act prevails

4           This Act prevails over every other Act and every regulation, collective agreement, arbitral or other award or decision and every obligation, right, claim, agreement or arrangement of any kind.

Essential services agreements

4.1(1)      If an employer and a union do not have an essential services agreement under this Act relating to employees covered by a collective agreement, the employer and the union shall, at least 90 days before the expiry of the collective agreement, begin negotiations with a view to concluding an essential services agreement.

Transitional

4.1(2)      On the coming into force of this section, a union and an employer with less than 90 days remaining in the term of their collective agreement shall begin negotiations for the purposes of subsection (1) as soon as is reasonably practicable.

Notice of essential services

4.1(3)      An employer other than the Government of Manitoba shall, on beginning negotiations under subsection (1), advise the union which of the employer's services are to be essential services for the purposes of the essential services agreement.

Government essential services

4.1(4)      In the case of the Government of Manitoba, the essential services for the purposes of an essential services agreement are the services prescribed under sections 5 and 6.

Information to assist negotiations

4.1(5)      If, at any point during the 30 days before a collective agreement expires, the employer and the union have not concluded an essential services agreement, the employer

(a) may, on the employer's initiative; or

(b) shall, at the request of the union;

for the purpose of facilitating the negotiation of an essential services agreement, give a notice to the union setting out the information the employer would be required to provide in a notice under subsection 7(1).

Employees deemed essential services employees

4.1(6)      Every employee who is covered by an essential services agreement is deemed to be an essential services employee.

Terminating essential services agreement

4.1(7)      Notice to terminate an essential services agreement may be given if

(a) the employer and the union have a collective agreement in effect; and

(b) the notice to terminate is served by the employer on the union or by the union on the employer at least 100 days before the expiry of the collective agreement.

Obligation to negotiate agreement not affected

4.1(8)      Nothing in subsection (7) affects the obligation of the employer and the union to negotiate with a view to concluding an essential services agreement in accordance with subsection (1).

S.M. 1997, c. 16, s. 5.

Government essential services declared

5           In the case of the Government of Manitoba, the services listed in the Schedule are hereby declared to be essential services.

S.M. 1997, c. 16, s. 6.

Other government essential services declared by regulation

6           In the case of the Government of Manitoba, if, in the opinion of the Lieutenant Governor in Council, a service not listed in the Schedule is an essential service as defined in this Act, the Lieutenant Governor in Council may, by regulation, declare the service to be an essential service.

S.M. 1997, c. 16, s. 7.

Notice of employees and services where no agreement

7(1)        In the event of or in anticipation of a work stoppage, the employer shall, if no essential services agreement is in effect under this Act, serve a notice on the union setting out

(a) the classifications of employees who must work during the work stoppage to maintain essential services;

(b) the number of employees in each classification who must work during the work stoppage to maintain essential services;

(c) the names of the employees within those classifications who must work during the work stoppage to maintain essential services; and

(d) in the case of an employer other than the Government of Manitoba, the essential services that must be maintained.

Employer to advise employees

7(2)        The employer shall notify each of the employees named in a notice under subsection (1) that he or she must work during the work stoppage to maintain essential services.

Employer may serve further notice

7(3)        If at any time the employer determines that more employees are required to maintain essential services, the employer may serve a further notice on the union setting out the additional number of employees who must work during all or any part of the work stoppage to maintain essential services and the names of employees who must work.

Employer to advise employees

7(4)        The employer shall notify each of the employees named in a notice under subsection (3) that he or she must work during the work stoppage to maintain essential services.

Employees deemed to be essential services employees

7(5)        Every employee who is named in a notice under subsection (1) or subsection (3) is deemed to be an essential services employee.

S.M. 1997, c. 16, s. 8.

Union may apply to Labour Board for variation of numbers of employees

8(1)        If the union believes that the essential services can be maintained using fewer employees than the number set out in a notice under subsection 7(1) or (3), the union may apply to The Manitoba Labour Board for a variation of the number of employees in each classification who must work during a work stoppage to maintain essential services.

Board hearing, investigation

8(2)        On receiving an application under subsection (1), the board may conduct any hearing or investigation the board considers necessary for the purpose of determining whether to vary the number of employees in each classification who must work during a work stoppage to maintain essential services.

Board order

8(3)        The board shall, within 14 days of receiving an application under subsection (1) or any longer period that the board considers necessary, make an order confirming or varying the number of employees in each classification who must work during a work stoppage to maintain essential services.

Board may vary order

8(4)        The board may, on application by the employer or the union, amend, vary, revoke or revoke and replace an order made under subsection (3).

Hearing or investigation re variation application

8(5)        The board may conduct any hearing or investigation that the board considers necessary regarding an application under subsection (4), and shall, within 14 days of receiving the application or any longer period that the board considers necessary, make an order confirming, amending, varying, revoking or revoking and replacing the order made under subsection (3).

Board order to be served on union and employer

8(6)        The board shall serve a copy of an order of the board under subsection (3) or (5) on the union and on the employer, and, if the board orders a reduction in the number of employees who must work during a work stoppage to maintain essential services, the employer shall vary the notice sent to the union under subsection 7(1) or (3) to comply with the order of the board, and the variation takes effect 72 hours after the day on which the employer was served with the order of the board.

Employer to notify employees

8(7)        The employer shall notify any employee who is no longer required to work, as a result of an order of the board varying the number of employees who must work during a work stoppage to maintain essential services, that he or she is no longer required to work during the work stoppage.

Board order binding on employer, union and employees

8(8)        The employer, the union and the employees of the employer who are represented by the union are bound by an order of the board made under subsection (3) or (5).

Pay and benefits

9           Notwithstanding any other Act or law or any provisions of the last collective agreement, the pay and benefits of essential services employees during a work stoppage shall be in accordance with the temporary terms and conditions until the day on which a new or amended collective agreement comes into effect.

S.M. 1997, c. 16, s. 9.

Employees required to resume or continue assigned duties

10          If a work stoppage is or has been declared, every essential services employee shall resume or continue to perform, as the case may be, his or her assigned duties.

S.M. 1997, c. 16, s. 10.

Essential services deemed not to facilitate business of employer

11          The work required to be performed by any person during a work stoppage to maintain essential services and the performance of all work or services by any person necessary to maintain essential services is deemed not to be the performance of work which will directly facilitate the operation of the business of the employer.

Obligation of employees

12          No essential services employee shall participate in a work stoppage against his or her employer.

S.M. 1997, c. 16, s. 11.

Obligation of employer

13          No employer shall authorize, declare or cause a work stoppage of essential services employees.

S.M. 1997, c. 16, s. 12.

Obligation of union

14          No union shall authorize, declare or cause a work stoppage of essential services employees.

No person to prevent compliance

15          No person or union shall in any manner impede or prevent or attempt to impede or prevent any essential services employee from complying with this Act.

No person to aid, abet or counsel non-compliance

16          No person or union shall do or omit to do anything for the purpose of aiding, abetting or counselling any essential services employee not to comply with this Act.

Rules of Labour Board

17          The Manitoba Labour Board may make any rules of practice and procedure that the board considers necessary to carry out its responsibilities under this Act.

Regulations

18          The Lieutenant Governor in Council may make regulations

(a) for the purposes of section 6, declaring services to be essential services;

(b) at the request of The Manitoba Labour Board, providing any direction that The Manitoba Labour Board may require in carrying out its responsibilities under this Act;

(c) respecting any other matter the Lieutenant Governor in Council considers necessary to carry out the purposes of this Act.

Offences and penalties

19(1)       Every person, union or employer that contravenes this Act is guilty of an offence and liable on summary conviction,

(a) in the case of an offence committed by an employer or a union, or by a person acting on behalf of an employer or a union, to a fine of not more than $50,000. and, in the case of a continuing offence, to a further fine of $10,000. for each day or part of a day during which the offence continues; and

(b) in the case of an offence committed by any person other than one described in clause (a), to a fine of not more than $1,000. and, in the case of a continuing offence, to a further fine of $200. for each day or part of a day during which the offence continues.

Default

19(2)       In the case of default of payment of a fine imposed on a person pursuant to this section, the convicting court shall, on the request of the Attorney General, furnish the Attorney General with a certified copy of the order of conviction and the fine imposed.

Filing of certificate

19(3)       The Attorney General may file the certified copy of the order of conviction mentioned in subsection (2) in the office of the Registrar of the Court of Queen's Bench and, on its filing, the order is enforceable as a judgment of that court.

S.M. 1997, c. 16, s. 13.

C.C.S.M. reference

20          This Act shall no longer be referred to as chapter G75 of the Continuing Consolidation of the Statutes of Manitoba but may be referred to as chapter E145 of the Continuing Consolidation of the Statutes of Manitoba.

S.M. 1997, c. 16, s. 14.

Coming into force

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

SCHEDULE

The following services in the following departments are declared to be essential services:

Department of Agriculture

Veterinary Services

Dairy/Poultry Lab and Inspection Services

Department of Culture, Heritage and Citizenship

Flood Support

Department of Energy and Mines

Emergency Response Team

Department of Environment

Emergency Response Team

Department of Family Services

Income Security

Emergency Social Services

Children's Special Services

Child Welfare

Manitoba Developmental Centre

Seven Oaks Centre for Youth

Community Living

Department of Finance

Legislative Building Information Systems

Department of Government Services

Security Services

Building Heating and Cooling Systems

Emergency Maintenance

Emergency Measures Organization

Air Radio

Air Ambulance

Water Bombing

Department of Health

Brandon Mental Health Centre

Selkirk Mental Health Centre

Air Ambulance

Continuing Care

Public Health

Mental Health

Laboratory and Imaging Services

Department of Highways and Transportation

Traffic Signals Maintenance

Airports and Marine Service

Emergency Firefighter Payroll

Flood Control

Wildfires

Bridge Failure

Department of Justice

Adult and Youth Correctional Facilities

Community Corrections

Medical Examiner's Office

Public Guardian and Trustee

Court Services

Sheriff's Officers

Maintenance Enforcement

Department of Labour

Workplace Safety and Health

Fire Commissioner's Office

Department of Natural Resources

Emergency Flood Control

Emergency Wildfire

Ambulance Services (Falcon Lake)

District Office Enforcement Programs

Department of Rural Development

Water Treatment Plants

S.M. 1997, c. 36, s. 41; S.M. 2013, c. 46, s. 46.

 

 


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