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S.M. 2016, c. 16
Bill 7, 1 st Session, 41st Legislature
The Labour Relations Amendment Act
(Assented to November 10, 2016)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Labour Relations Act is amended by this Act.
2 Subsections 39(4) and (5) are repealed.
3 Subsection 40(1) is replaced with the following:
40(1) Subject to this Part, when the board receives an application for certification and is satisfied that the employees were not subject to intimidation, fraud, coercion or threat and that, at the time the application was filed:
(a) at least 40% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall conduct a vote by secret ballot of the employees in the unit in accordance with section 48;
(b) fewer than 40% of the employees in the unit wished to have the union represent them as their bargaining agent, the board shall dismiss the application.
4 Despite the repeal of subsections 39(4) and (5) of The Labour Relations Act by this Act, if a union that received interim certification before the coming into force of this Act has not been issued a final certificate, subsections 39(4) and (5) continue to apply to the certification as if this Act had not come into force.
5 This Act comes into force on the day it receives royal assent.