HomeC.C.S.M. c. L10
The Labour Relations Act
| Back to the Act | Regulations |
| 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 |
