C.C.S.M. c. L10
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| 1
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| Definitions
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| 2
| (1)
| Employees deemed not to cease being employees
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| (2)
| Repealed
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| (3)
| Use of masculine gender
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| 3
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| Crown bound by Act
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| 4
| (1)
| Application of Act
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| (2)
| Repealed
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| (3)
| Subject to other Acts
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| PART I
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| UNFAIR LABOUR PRACTICES AND INFRINGEMENT OF RIGHTS
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| 5
| (1)
| Union membership rights
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| (2)
| Employer organization rights
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| (3)
| Interference with rights
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| 6
| (1)
| Employer's interference with union
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| (2)
| Repealed
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| (3)
| Exception
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| 7
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| Discrimination in hiring etc.
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| 8
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| Discrimination within unions
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| 9
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| Discrimination during organizational period
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| 10
| (1)
| Restriction on change of conditions on application for certification
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| (2)
| Restriction on changes of conditions after certification
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| (3)
| Extension of period
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| (4)
| Restrictions on changes of conditions after termination of collective agreement
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| 11
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| Hiring permanent replacement workers
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| 12
| (1)
| Reinstatement after strike or lockout
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| (2)
| Defence
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| (3)
| Available work defined
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| 13
| (1)
| Reinstatement where no collective agreement
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| (2)
| End of lockout or strike
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| (3)
| Other provisions applicable
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| 14
| (1)
| Using professional strikebreaker
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| (2)
| Acting as professional strikebreaker
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| (3)
| Repealed
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| 14.1
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| Strike-related misconduct
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| 15
| (1)
| Effect of refusal to facilitate struck employer
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| (2)
| Where disciplinary action is unfair labour practice
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| (3)
| Referral to board
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| (4)
| Referral by minister
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| (5)
| Saving clause as to wages
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| 16
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| Discharge, etc., for refusal to perform work of striking employee
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| 17
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| Unfair labour practice by employer
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| 18
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| Insurance scheme
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| 19
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| Unfair labour practice by union
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| 20
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| Duty of fair representation
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| 21
| (1)
| Interference with union representatives visiting employees
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| (1.1)
| Repealed
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| (2)
| Issue of permit
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| (3)
| Visit under subsec. (1) not a trespass
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| 22
| (1)
| Interference with communications
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| (2)
| Meetings re access agreement
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| (3)
| Time of first meeting
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| (4)
| Assistance from board
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| (5)
| Access agreement
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| (6)
| Failure to conclude access agreement
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| (7)
| Access order
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| (8)
| Authorized visit not a trespass
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| (9)
| Renegotiation of agreement
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| 23
| (1)
| Contractual conditions restraining rights
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| (2)
| Collective agreement conditions allowed
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| (3)
| Provisions requiring discharge of employees
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| 24
| (1)
| Bargaining with unit that is not bargaining agent
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| (2)
| Union bargaining for another union's members
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| (3)
| Void agreements
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| 25
| (1)
| Interrogation prohibited
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| (2)
| Defence
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| 26
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| Not bargaining in good faith
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| 27
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| Failure to provide information
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| 28
| (1)
| Failure to co-operate in conciliation or mediation
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| (2)
| Prima facie proof
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| 29
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| Failure to remit dues
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| 29.1
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| Repealed
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| 30
| (1)
| Complaint alleging unfair labour practice
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| (2)
| Undue delay
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| (3)
| Disposition of complaint
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| (4)
| Duties of board representative
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| (5)
| Results of settlement
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| 31
| (1)
| Board hearing
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| (2)
| Interim order
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| (3)
| Findings of board
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| (4)
| Remedies for unfair labour practice
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| (5)
| Effect of other proceedings
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| (6)
| Unfair labour practice not offence
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| 32
| (1)
| Freedom of speech
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|
| (2)
| Right of employer to suspend, discharge, etc.
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| 33
| (1)
| Rights against trespassers preserved
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| (2)
| Disruption of operations
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| PART II
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| CERTIFICATION AND BARGAINING RIGHTS
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| 34
| (1)
| Right to apply for certification
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| (2)
| Where application may be made at any time
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| 35
| (1)
| Application where bargaining agent previously certified
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|
| (2)
| Restrictions on applications for certification
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| (3)
| Application after termination of agreement
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| (4)
| Further restriction on applications for certification
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| (5)
| No application during first six months of work stoppage
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| (6)
| Composition of unit during strike or lockout
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| 36
| (1)
| Notice to show cause as to change of bargaining agent
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|
| (2)
| Hearing and order
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| 37
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| Application with consent of board
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| 38
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| Joint applications
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| 39
| (1)
| Determination of appropriate unit
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| (2)
| Powers of board on determination of unit
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| (3)
| Professional employees in unit
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| (4)
| Interim certification
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| (5)
| Time not to run until final certificate
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| 40
| (1)
| Certification, representation vote, or dismissal
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| (1.1)
| Board may determine voting constituency
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| (2)
| Representation vote in displacement application
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| (3)
| Certification or dismissal based on result
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| 41
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| Discretionary certification for unfair labour practice
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| 42
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| Employees employed by two or more employers
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| 43
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| Employer influence
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| 44
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| Effect of certification
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| 45
| (1)
| Wishes of employees
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| (2)
| Minimum membership requirements
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| (3)
| Determination of union membership
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| (3.1)
| Information to be provided to employee
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| (3.2)
| Proof of information provided
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| (4)
| Board power re solicitation of membership
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| (5)
| Examination and inquiries by board
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| (6)
| Board not to disclose membership evidence
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| 46
| (1)
| Board may requisition report on appropriateness, etc.
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| (2)
| Use of report
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| (3)
| Representative not compellable
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| 47
| (1)
| Standing of employer on certification application
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| (2)
| Standing of employee on certification application
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| 48
| (1)
| Votes
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| (2)
| Procedure on votes
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| (3)
| Vote within seven days
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| (4)
| Board's power to extend time
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| (5)
| Computation of time
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| 48.1
| (1)
| Electioneering on voting day
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| (2)
| Electioneering by other persons
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| 49
| (1)
| Application for cancellation or termination by employee
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| (2)
| Time for application
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| (3)
| Exceptional cases
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| 50
| (1)
| Dismissal of application to cancel, etc.
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| (2)
| Ordering a vote
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| (3)
| Dispensing with vote
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| (4)
| Board's discretion to dismiss
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| 51
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| Disposition of application after vote
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| 52
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| Cancellation of certification where fraud
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| 53
| (1)
| Cancellation for abandonment
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| (2)
| Employer request for investigation
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| 54
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| Effect of cancellation of certification, etc.
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| PART III
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| SUCCESSOR RIGHTS
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| 55
| (1)
| Merger, etc. of bargaining agent
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| (2)
| Successor rights and obligations
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| (3)
| Effective date of declaration
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| 56
| (1)
| Sale of business
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| (2)
| Amending certificate, etc. where intermingling
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| (3)
| Application to open collective agreement
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| 57
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| Duty on parties to alleged sale
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| 58
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| Merger or amalgamation of businesses
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| 58.1
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| Business coming under provincial law is bound by collective agreement
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| 59
| (1)
| Associated businesses, etc.
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| (2)
| Duty on affected parties
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| (3)
| Effective date of determination
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| PART IV
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| COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS
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| COMMENCING COLLECTIVE BARGAINING
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| 60
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| Requisition to commence collective bargaining
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| 61
| (1)
| Notice to commence collective bargaining for renewal, etc., of agreement
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| (2)
| Provision of different period of notice
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| (3)
| Notice to revise agreement open to revision
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| 62
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| Obligation to negotiate
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| 63
| (1)
| Effect of notice under section 61
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| (2)
| Effect of notice to revise, etc.
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| (3)
| Termination by strike or lockout
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| (4)
| Effect of notice under 61(3)
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| (5)
| More than one notice under subsection (4)
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| 64
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| Powers of board
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| 65
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| Limitation on withdrawal from bargaining
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| 66
| (1)
| Information as to employees
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| (2)
| Information during collective agreement
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| (3)
| Board may extend time limit
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| (4)
| Other obligations
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| CONCILIATION
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| 67
| (1)
| Appointment of conciliation officer
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| (2)
| Functions on conciliation
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| (3)
| Conciliation meetings
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| 68
| (1)
| Report to minister
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| (2)
| Exceeding time limit
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| (3)
| Report not admissible
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| (3.1)
| Report to board re first collective agreement
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| (4)
| No liability
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| (5)
| Remuneration for conciliation officers
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| RATIFICATION VOTES
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| 69
| (1)
| Vote to accept or reject proposed agreement
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| (1.1)
| Definition of "construction"
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| (2)
| Notice and opportunity to cast ballot
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| (3)
| Majority determines question
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| (4)
| Exceptions
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| 70
| (1)
| Complaint about ratification vote
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| (2)
| Remedy
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| (3)
| Board order final
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| (4)
| Deemed compliance
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| 71
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| Rejection of proposed collective agreement
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| 72
| (1)
| Binding collective agreement
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| (2)
| Execution and filing
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| (3)
| Saving
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| 72.1
| (1)
| Repealed
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| (2)
| Minister may require ratification vote
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| (3)
| Board to conduct vote
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| (4)
| Board to determine all questions
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| (5)
| Consequences of favourable vote
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| COLLECTIVE AGREEMENTS
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| 73
| (1)
| Agreements open to public inspection
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| (2)
| Exemption
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| 74
| (1)
| Agreement deemed for term of one year
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| (2)
| Extension of term of collective agreement
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| 75
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| Revision during term of agreement
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| COMPULSORY CHECK-OFF
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| 76
| (1)
| Compulsory check-off
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| (2)
| Where not in agreement
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| (3)
| Determination re religious objector
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| 76.1
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| Repealed
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| 77
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| Application of closed shop agreement to conscientious objector
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| GRIEVANCE ARBITRATION
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| 78
| (1)
| Provision for final settlement
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| (2)
| Deemed arbitration provisions
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| (3)
| Modification of settlement provision
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| (4)
| Final settlement provision binding
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| (5)
| Continuation of final settlement provision
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| 79
| (1)
| Just cause provision
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| (2)
| Deemed just cause provision
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| (3)
| Exception for probationary period
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| (4)
| No application to dismissal of teachers
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| OBLIGATION TO ACT FAIRLY AND CONSULT
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| 80
| (1)
| Obligation to act fairly, etc.
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| (2)
| Deemed fairness provision
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| (3)
| Repealed
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| 81
| (1)
| Consultation during collective agreement
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| (2)
| Deemed consultation provision
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| VOLUNTARY INTEREST ARBITRATION
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| 82
| (1)
| Agreed provisions for settlement of disputes in bargaining
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| (2)
| Provision not to be arbitrated
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| TECHNOLOGICAL CHANGE
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| 83
| (1)
| Notice of technological change
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| (2)
| Contents of notice
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| (3)
| Notice to bargain
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| 84
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| Arbitration of effect of technological change
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| 85
| (1)
| Failure to serve notice
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| (2)
| Effect of affirmative award
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| 86
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| Application of sections 83, 84 and 85
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| SETTLEMENT OF FIRST AGREEMENTS
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| 87
| (1)
| Dispute re first agreement
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| (2)
| Agreement to proceed by arbitration
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| (2.1)
| Arbitrator to settle first collective agreement
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| (2.2)
| Application of provisions respecting arbitrator
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| (3)
| Conclusion of collective agreement by board
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| (4)
| Failure of parties to conclude agreement
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| (5)
| Termination of strike or lockout
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| (6)
| Procedure for settling agreement
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| (7)
| Term of first agreement
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| (8)
| Agreement in writing
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| SETTLEMENT OF SUBSEQUENT AGREEMENTS
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| 87.1
| (1)
| Dispute about subsequent agreements
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| (2)
| Notice
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| (3)
| Board to determine if good faith bargaining
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| (3.1)
| Determination within 21 days
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| (4)
| Discretion of board
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| 87.2
| (1)
| No settlement if good faith bargaining and agreement is likely
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| (2)
| New application if no agreement within further 30 days
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| 87.3
| (1)
| Settlement
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| (1.1)
| New application
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| (2)
| Arbitration
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| (3)
| Arbitrator to settle collective agreement
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| (4)
| Arbitration provisions of this Act apply
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| (5)
| Term of collective agreement
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| (5.1)
| Extension of term of agreement
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| (6)
| Collective agreement binding
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| (7)
| Subsections 87(6) and (8) apply
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| 87.4
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| Review
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| PART V
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| LOCKOUTS AND STRIKES
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| 88
| (1)
| Lockout offence by employer
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| (2)
| Lockout offence on behalf of employer
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| (3)
| Strike offence by union
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| (4)
| Strike offence on behalf of union
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| (5)
| Strike offence by employee
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| 89
| (1)
| Restriction on strikes etc., after certification
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| (2)
| Restriction on strikes etc., under collective agreement
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| 90
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| Trade union not entitled to bargain not to declare strike
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| 91
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| Where employer not to declare lockout
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| 92
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| Where employee not covered by bargaining rights
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| 93
| (1)
| Restriction on strikes until strike vote held
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| (2)
| Who can vote
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| (3)
| Notice and opportunity to cast ballot
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| (4)
| Secret ballot
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| (5)
| Disputes
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| (6)
| Vote in favour of strike not binding
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| 94
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| Suspension or discontinuance of operations
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| PART V.1
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| 94.1 to 94.7
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| Repealed
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| PART VI
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| MEDIATION, CONCILIATION BOARDS AND INDUSTRIAL INQUIRY COMMISSIONS
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| 95
| (1)
| Appointment of mediator on joint request
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| (1.1)
| Appointment on request of one party
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| (2)
| Appointment on minister's initiative
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| 96
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| Mediator deemed legally appointed
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| 97
| (1)
| Appointment of conciliation board
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| (2)
| Three members on conciliation board
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| 98
| (1)
| Nomination by parties
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| (2)
| Disqualification of certain individuals
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| (3)
| Where no nomination, minister appoints member
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| (4)
| Chairperson nominated by other two members
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| (5)
| Failure to nominate third member
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| (6)
| Parties notified of members' names
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| (7)
| Action on individual's ceasing to be member
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| (8)
| Upon notice given board presumed duly established
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| 99
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| Oath of office
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| 100
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| Statement of reference
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| 101
| (1)
| Obligation of conciliation board or mediator
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| (2)
| Procedure
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| 102
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| Parties to meet with mediator and conciliation board
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| 103
| (1)
| Report to minister within specified time
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| (2)
| Failure to report within time limit
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| (3)
| Majority report of conciliation board
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| 104
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| Copy of report to parties
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| 105
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| Publication of report of conciliation board or mediator
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| 106
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| Report binding by agreement
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| 107
| (1)
| Report and proceedings not evidence in other matters
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| (2)
| Where subsection (1) not applicable
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| (3)
| No liability
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| 108
| (1)
| Times and places of sittings of conciliation board
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| (2)
| Quorum of conciliation board
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| (3)
| Majority decision of conciliation board
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| 109
| (1)
| Powers of conciliation board and mediator
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| (2)
| Receiving evidence
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| (3)
| Secrecy of information
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| (4)
| Offence
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| (5)
| Witness fees
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| 110
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| Entry and inspection
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| 111
| (1)
| Remuneration for conciliation boards and mediators
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| (2)
| Payment of remuneration and expenses
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| (3)
| Clerical assistance
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| (4)
| Costs of mediator
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| 112
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| List of mediators
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| 113
| (1)
| Ministerial powers
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| (2)
| Reference to industrial inquiry commission
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| (3)
| Function and powers of commission and report
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| (4)
| Copies of report to parties
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| (5)
| Constitution of commission
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| PART VII
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| GRIEVANCE ARBITRATION
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| 114
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| Appointment of arbitrator
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| 115
| (1)
| Appointment of arbitration board
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| (2)
| Nomination by initiating party
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| (3)
| Nomination of second member
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| (4)
| Appointment of chairperson
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|
| (5)
| Appointment by board
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|
| (6)
| Failure to comply with agreement
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| 116
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| Disqualification of certain individuals
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| 117
| (1)
| Effect of appointment
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| (2)
| List of arbitrators
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| 118
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| Appointment notwithstanding certain objections
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| 119
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| Expenses of arbitration
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| 120
| (1)
| Powers of arbitrator or arbitration board
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| (2)
| Powers of chairperson of arbitration board
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| (3)
| Powers of commissioners included
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| 121
| (1)
| Substance of matter arbitrated
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| (2)
| Remedial authority
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| (3)
| Substitution of penalty or remedy
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|
| (4)
| Jurisdiction retained
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| 122
|
| Hearings open to public
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| 123
|
| Certain provisions applicable
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| 124
| (1)
| Majority decision at meeting
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| (2)
| Final decision in arbitration
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| 125
| (1)
| Time limit for arbitrator's decision
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| (2)
| Time limit for arbitration board's decision
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|
| (3)
| Jurisdiction retained for specified period
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|
| (4)
| Speed-up of decision
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|
| (5)
| Function of new arbitrator
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| 126
|
| Decision to be filed with board
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| 127
|
| Filing arbitration decision in court
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| 128
| (1)
| Decisions final and binding
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|
| (2)
| Judicial review of final decision
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| (3)
| Time limitation
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| (4)
| Notice of application to board
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| (5)
| No extension of grounds
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| 129
| (1)
| Minister may appoint grievance mediator
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|
| (2)
| Grievance mediator named in collective agreement
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| 130
| (1)
| Referral of grievance to board
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|
| (2)
| Referral of employer grievance
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|
| (3)
| Time for referral: dismissal or suspension over 30 days
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|
| (3.1)
| Time for referral: other cases
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|
| (4)
| Where grievance not referrable
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|
| (5)
| Functions of board
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|
| (6)
| Appointment of part-time vice-chairperson
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|
| (7)
| Board may consolidate grievances
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|
| (8)
| Minister to appoint grievance mediator
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|
| (9)
| Duties of grievance mediator
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|
| (10)
| Hearing and decision
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|
| (10.1)
| Overall time limit for decision
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|
| (10.2)
| Board approval for adjournments
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|
| (11)
| Oral decision
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|
| (12)
| Power and jurisdiction of arbitrator
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|
| (13)
| Application of expedited procedure
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|
| (14)
| Provisions re arbitrations apply
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| 131
|
| Grievance mediator protected
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| 132
|
| Application of The Arbitration Act
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| PART VII.1
|
| DISCLOSURE OF INFORMATION BY UNIONS
|
| 132.1
| (1)
| Union to give financial statement to members
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|
| (2)
| Content of financial statement
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|
| (3)
| Complaint
|
|
| (4)
| Union must comply
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|
| (5)
| Complaint that financial statement inadequate
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| 132.2 to 132.11
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| Repealed
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| PART VIII
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| MANITOBA LABOUR BOARD AND GENERAL PROVISIONS
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| 133
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| Personal grievance of employee
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| 134
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| Proceedings not invalidated by irregularity
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| 135
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| Signature to application, notice, or collective agreement
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| 136
| (1)
| Service of documents
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|
| (2)
| Service by mail
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|
| (3)
| Proof of service
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|
| (4)
| Service by mail on employers
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| 137
|
| Filings with board
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| 138
| (1)
| The Manitoba Labour Board
|
|
| (2)
| Composition and appointment
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|
| (3)
| Tenure of chairperson and vice-chairpersons
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|
| (4)
| Tenure of representative members
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|
| (5)
| Selection of chairperson
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|
| (6)
| Selection of vice-chairpersons and other members
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|
| (7)
| Eligibility for reappointment
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|
| (8)
| Salary and expenses
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|
| (9)
| Full-time and part-time appointments
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|
| (10)
| Oath of office
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| (11)
| Disqualification of board members
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|
| (12)
| Completion of duties
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|
| (13)
| Annual report
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|
| (14)
| Contents of report
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|
| (15)
| Budget
|
| 139
| (1)
| Chairperson
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|
| (2)
| Establishing panels
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|
| (3)
| Substitute chairperson
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|
| (4)
| Presiding at meetings
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|
| (5)
| Composition of panels
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|
| (6)
| Authority of panel
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|
| (7)
| Quorum
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|
| (8)
| Majority decision at proceeding
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|
| (9)
| Final decision in matter
|
| 140
| (1)
| Practice and procedure
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|
| (2)
| Representations in writing
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|
| (3)
| Public hearing
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|
| (4)
| Offence and penalty
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|
| (5)
| Witness fees
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|
| (6)
| Settlement efforts
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|
| (7)
| Deferral to arbitration
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|
| (8)
| Matters without merit
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|
| (9)
| Consent order
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|
| (10)
| Consent order is final order
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|
| (11)
| Conditional order
|
| 141
| (1)
| Regulations by board
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|
| (1.1)
| Regulations may relate to duties under other Acts
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|
| (2)
| Guidelines
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|
| (3)
| Submissions re guidelines
|
| 142
| (1)
| Board powers
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|
| (2)
| Powers of commissioners
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|
| (3)
| Certain powers of chairperson or vice-chairperson
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|
| (4)
| Board delegation of power
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|
| (5)
| Determination of questions by board
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| 143
| (1)
| Relationship between board and courts
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|
| (2)
| No judicial review during proceeding
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|
| (3)
| Board review
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|
| (4)
| Reference to Court of Appeal
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|
| (5)
| Judicial review on constitutional grounds
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|
| (6)
| Judicial review of final decision
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|
| (7)
| Deemed final decision
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|
| (8)
| No extension of grounds
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|
| (9)
| Board has standing
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|
| (10)
| Reference to board
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|
| (11)
| Enforcement
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| 144
| (1)
| Not compellable witness
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|
| (2)
| No liability
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|
| (3)
| Proof of certificate of board, etc.
|
| 145
|
| Refusal to comply with order
|
| 146
| (1)
| Prosecution of employers' organization or union
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|
| (2)
| Information for several offences
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| 147
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| Officer of corporation, etc.
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| 148
| (1)
| Limitation on prosecution
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|
| (2)
| Consent of board to prosecution
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| 149
|
| Penalties general
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| 150
| (1)
| Liability for damages
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|
| (2)
| Breach of contract
|
|
| (3)
| Status of employers' organizations or unions
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