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S.M. 2017, c. 25
Bill 29, 2 nd Session, 41st Legislature
The Health Sector Bargaining Unit Review Act
| DEFINITIONS | ||
| 1 | (1) | Definitions |
| (2) | Labour Relations Act definitions | |
| BARGAINING FRAMEWORK | ||
| 2 | (1) | Appropriate bargaining units |
| (2) | Single bargaining unit | |
| (3) | All unionized employees to be included | |
| (4) | Multi-employer certification | |
| 3 | (1) | Employers organization for health region |
| (2) | Employer bargaining representative | |
| (3) | Exclusive jurisdiction to bargain | |
| 4 | (1) | Bargaining representative for province-wide health employer |
| (2) | Exclusive jurisdiction to bargain | |
| COMMISSIONER | ||
| 5 | (1) | Appointment of commissioner |
| (2) | Term | |
| (3) | Responsibilities carried out as soon as practicable | |
| BARGAINING UNITS | ||
| 6 | Commissioner to determine composition of bargaining units | |
| 7 | Commissioner to seek views of unions and employers | |
| DETERMINING BARGAINING AGENTS | ||
| 8 | (1) | Determining bargaining agent |
| (2) | Affiliated unions | |
| (3) | Unions eligible for selection | |
| (4) | If only one eligible union | |
| (5) | Representation vote if two or more eligible unions | |
| (6) | Voting procedures | |
| INTERIM COLLECTIVE AGREEMENT | ||
| 9 | (1) | Existing agreement applies until new agreement negotiated |
| (2) | Earlier transition at option of employees | |
| (3) | No certification application | |
| NEGOTIATING A REVISED COLLECTIVE AGREEMENT | ||
| 10 | (1) | Receiving collective agreement |
| (2) | Designation | |
| (3) | Notice of intent to commence bargaining | |
| (4) | When agreement negotiated | |
| 11 | (1) | Commissioner's powers re intermingling of employees |
| (2) | Considerations | |
| 12 | (1) | If agreement not negotiated |
| (2) | No effect on commissioner's jurisdiction | |
| SENIORITY AND SERVICE RECOGNITION | ||
| 13 | Seniority and service recognition | |
| EFFECT OF CHANGES | ||
| 14 | (1) | No termination of employment |
| (2) | No right to compensation | |
| (3) | Exception | |
| COMMISSIONER'S GENERAL JURISDICTION | ||
| 15 | (1) | Jurisdiction of the commissioner |
| (2) | Questions for decision of the commissioner | |
| 16 | Powers under Part V of Evidence Act | |
| 17 | Procedural rules | |
| 18 | Power to delegate | |
| ORDERS OF THE COMMISSIONER | ||
| 19 | Commissioner may issue, amend or rescind certificates | |
| 20 | Incidental orders | |
| 21 | Order may amend or rescind Labour Board order | |
| 22 | Same effect as if made by Labour Board | |
| 23 | Retroactive decisions and orders | |
| 24 | Statutes and Regulations Act does not apply | |
| 25 | (1) | Decisions and orders are final |
| (2) | Judicial review | |
| GENERAL PROVISIONS | ||
| 26 | Conflict with Labour Relations Act | |
| 27 | Labour Relations Act applies after revised agreement concluded | |
| 28 | Commissioner not compellable as a witness | |
| 29 | Protection from liability | |
| 30 | Certificate of commissioner admissible | |
| 31 | (1) | Regulations |
| (2) | Application of regulations | |
| 32 | Continuing effect of bargaining framework | |
| C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
| 33 | C.C.S.M. reference | |
| 34 | Coming into force | |