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3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 54

THE LABOUR RELATIONS AMENDMENT ACT (TIME LINES FOR LABOUR BOARD DECISIONS AND HEARINGS)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. L10 amended

1

The Labour Relations Act is amended by this Act.

2

The following is added after section 141:

Regulations re timing of decisions

141.1(1)

The board must make regulations setting out the time within which, after a hearing is concluded, the board must render its decision on

(a) a complaint or application made under this Act; and

(b) a referral under section 15.

Regulations re timing of hearings re certification

141.1(2)

The board must make regulations setting out the time within which, after an application is received, the board must hold any required hearing on

(a) an application under section 34 for certification of a union as the bargaining agent of employees; and

(b) an application under section 49 to cancel the certification of a bargaining agent or to terminate the bargaining rights of an uncertified bargaining agent.

Extension of time

141.1(3)

A regulation under this section may give the chairperson the discretion, when the chairperson considers the circumstances to be exceptional,

(a) to extend a time period set out in the regulations in a specific case; and

(b) to extend the time within which written reasons must be given in the case of a time period set by regulation under subsection (1).

Different time periods for different classes

141.1(4)

A regulation under this section may prescribe different time periods for different classes of complaints, applications or referrals.

Regulations within one year

141.1(5)

The board must make the regulations required by this section within one year after this section comes into force.

Board to review regulations

141.2

The board must review the regulations it has made under sections 141 and 141.1 within two years after this section comes into force and at least every six years afterwards.

Coming into force

3

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

Explanatory Note

This Bill requires the Manitoba Labour Board to make regulations setting out the time periods within which it will make decisions following the hearing of a complaint, application or referral to the Board. In the case of applications for union certification or decertification, the Board must also make regulations setting out the time period within which it will hold a hearing.