3rd Session, 42nd Legislature
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THE LABOUR RELATIONS AMENDMENT ACT
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(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 1 is amended
(a) by adding the following definition:
"public sector union" means a union certified to act as the bargaining agent for employees who are employed by
(a) the government,
(b) a government agency,
(c) a regional health authority or Shared Health Inc.,
(d) an organization prescribed as a reporting organization under The Financial Administration Act,
(e) an authority as defined in The Child and Family Services Authorities Act,
(f) an agency as defined in The Child and Family Services Act,
(g) The University of Manitoba, The University of Winnipeg, Brandon University, Université de Saint-Boniface, University College of the North, or Manitoba Institute of Trades and Technology,
(h) a school district or school division, as defined in The Public Schools Act, or
(i) any other employer that is prescribed by regulation made by the Lieutenant Governor in Council, or that belongs to a class of prescribed employers; (« syndicat de la fonction publique »)
(b) in the definition "collective agreement", by striking out "section 87 or 87.3" and substituting "section 87"; and
The following is added after subsection 6(3):
In respect of an employee who takes or is given full-time leave from their normal duties in order to hold an executive position in a public sector union, an employer must not
(a) pay, directly or indirectly, the employee's wages or salary in respect of the employee's leave; or
(b) pay or provide, directly or indirectly, any other form of compensation to the employee in respect of the employee's leave, other than a contribution permitted under clause (3)(e).
This is an exception to clause (3)(a) and, for greater certainty, an employer who breaches this provision commits an unfair labour practice.
The following is added after subsection 40(1.1):
In determining whether the threshold under clause (1)(a) has been met, the board must consider if the number of employees in the unit at the time the application is received represents the regular or anticipated number of employees required for the work of the unit. If the number is not representative, the board may
(a) delay the vote under subsection (1) until it is satisfied that the number of employees are representative; or
Subsection 40(2) is amended
(a) by striking out "45%" and substituting "40%"; and
The following is added after subsection 40(2):
Subsection 50(2) is replaced with the following:
If the board is satisfied that 40% or more of the employees in the unit represented by the bargaining agent support an application made under section 49, the board shall conduct a vote by secret ballot of the employees in the unit within seven days in accordance with subsection 48(2).
The following is added after section 54 as part of Part II:
At any time except during the last three months of the term of a collective agreement, the bargaining agent or employer may apply to the board for a determination that a unit of employees is no longer appropriate for collective bargaining.
After determining whether the unit is appropriate for collective bargaining, the board may do one or more of the following:
(a) confirm that the unit is appropriate for collective bargaining;
(b) include or exclude employees or classes of employees from the unit;
Subsection 56(1) is amended, in the part before clause (a),
(a) by striking out "subsection (2)" and substituting "subsections (1.1) and (2)"; and
The following is added after subsection 56(1):
On application by the bargaining agent of any union affected by the sale of the business under subsection (1) or the person to whom the business was sold, within 90 days after the sale, the board may terminate or limit all or some of the predecessor employer's rights, privileges or obligations that are acquired by the person under subsection (1), if the board is satisfied that the person has changed the character of the business so that it is substantially different from the business of the predecessor employer.
Subsection 56(2) is amended, in the part after clause (c) and before clause (d), by striking out "bargaining agent affected by the intermingling" and substituting "bargaining agent or employer affected by the intermingling".
Subsections 87(3) and (4) are replaced with the following:
If the parties have not agreed to proceed by arbitration under subsection (2), the board must inquire into the negotiations between the parties and determine
(a) if the party who made the application (in this section, the "applicant party") has bargained in good faith; and
(b) if the parties are likely to conclude a collective agreement within 30 days if they continue bargaining.
The board must
(a) make its determination under subsection (3) within 21 days, even if an unfair labour practice complaint has been filed under subsection 30(1); and
(b) give notice of its determination to the parties.
As an exception, the board may delay making its determination under subsection (3.1) until it is satisfied that the applicant party has bargained sufficiently and seriously with respect to those provisions of the collective agreement that are in dispute between the parties.
If the board determines that the applicant party has not bargained in good faith,
(a) the party's application under subsection (1) is terminated; and
(b) the party may make a new application for the board to settle the provisions of a first collective agreement between the parties.
Within 10 days after the board gives notice that the applicant party is bargaining in good faith, the employer and the bargaining agent may serve a notice on the board stating that they wish to have the collective agreement settled by arbitration. The notice must name a person who has agreed to act as arbitrator.
The arbitrator must settle the provisions of the collective agreement within 60 days after notice is served on the board under subsection (3.4).
The provisions of this Act respecting arbitration apply, with necessary changes, to an arbitrator acting under this section.
If the parties do not agree to proceed by arbitration under subsection (3.4), the board must give the parties notice of the following:
(a) if the board is of the opinion that the parties might conclude a first collective agreement within 30 days, that the board declines to settle the provisions of a first collective agreement between the parties;
(b) if the board is of the opinion that a new collective agreement is unlikely to be concluded through further bargaining, that the board will settle the provisions of a first collective agreement between the parties.
The board may appoint a board representative or a conciliation officer to assist the parties in concluding a first collective agreement under clause (4)(a).
The board must settle the provisions of a first collective agreement between the parties,
(a) if the parties fail to conclude a first agreement within 30 days after the board gives notice under clause (4)(a), within 60 days after the expiry of that 30-day period; or
The following is added before subsection 132.1(1) as part of Part VII.1:
The following definitions apply in this Part.
"compensation" has the same meaning as in The Public Sector Compensation Disclosure Act. (« rémunération »)
"compensation statement" means a compensation statement for a fiscal year containing the information set out in subsection (2.2). (« déclaration de rémunération »)
"fiscal year" means the fiscal year of the union. (« exercice »)
The following is added after subsection 132.1(2):
A public sector union must ensure that
(a) its financial statement is audited by an independent auditor; and
(b) a copy of its audited financial statement is given to its members with or without a request in a manner set out in subsection (2.5).
Every public sector union must give a copy of a compensation statement to its members with or without a request in a manner set out in subsection (2.5).
A public sector union's compensation statement must set out the amount of compensation it paid or provided in its last fiscal year, directly or indirectly, individually, to, or for the benefit of, each of its officers and employees whose compensation is $75,000 (indexed) or more. The statement must be certified to be a true copy by the union's treasurer or other officer responsible for handling and administering its funds.
The first compensation statement provided by the public sector union after this subsection comes into force must contain, in addition to the information set out in subsection (2.3), comparative information about the compensation of each affected officer or employee for the immediately preceding fiscal year.
A public sector union must give its members a copy of its audited financial statement and its compensation statement by
(a) personally giving the statements to the member;
(b) mailing the statements to the member;
(c) posting the statements in the workplace;
(d) posting the statements online on a secure website to which the member has access; or
Subsection 132.1(3) is amended by replacing the part before clause (a) with the following:
If a member of a union complains to the board that the union has failed to give the member a financial statement, or in the case of a member of a public sector union, an audited financial statement or a compensation statement, in compliance with this section, the board may direct the union to
Subsection 132.1(3) is further amended
(a) in clause (a), by striking out "financial statement of its affairs to the end of its last fiscal year" and substituting "statement"; and
The following is added after subsection 140(1):
Despite subsection (1), information provided to an affected person in respect of an application for certification or to cancel a certification or terminate bargaining rights must not include the name of any of the signatories in support of the application.
The following is added after section 140:
When a party's request, application or complaint is dismissed under subsection 140(8) for being without merit, the board may order the party to pay one or both of the following in respect of the matter:
(a) all or part of the board's costs;
(b) all or part of the costs incurred by any other party.
The costs ordered under clause (1)(a) or (b) are a debt owing to the board or to the party awarded the costs by the party whose request, application or complaint was dismissed. That party must pay the debt within 30 days after being served the order by the board.
Subsection 141(1) is amended
(a) in clause (c), by adding ", including votes conducted electronically or by telephone" at the end; and
Subsection 142(1) is amended by adding the following after clause (g):
(g.1) to conduct votes at a location or in a manner that, in the board's opinion, is appropriate in the circumstances, including to conduct a vote outside the workplace and to conduct votes electronically or by telephone;
In this section, "former Act" means The Labour Relations Act as it read immediately before the coming into force of this Act.
Sections 83 to 86 of the former Act continue to apply in respect of an employer bound by a collective agreement affecting a unit of employees and the bargaining agent bound by that agreement if the agreement does not include provisions dealing with technological change, but only until the agreement is revised and renewed.
An application made under section 87 or 87.1 of the former Act but not completed before the coming into force of this Act must be dealt with under the former Act.
This Act comes into force on the day it receives royal assent.