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The Public Schools Amendment and Manitoba Teachers' Society Amendment Act

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S.M. 2021, c. 39

Bill 45, 3rd Session, 42nd Legislature

The Public Schools Amendment and Manitoba Teachers' Society Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Public Schools Act to establish centralized collective bargaining for teachers who are employed in the public school system. To facilitate this,

an employers organization consisting of school divisions and school districts is established, and the minister is required to appoint an employer bargaining representative to act for that organization; and

a teachers' bargaining agent — The Manitoba Teachers' Society, unless another union is certified to represent teachers — is given exclusive jurisdiction to act as the bargaining agent for teachers.

The employers organization and the teachers' bargaining agent are the parties to the collective agreement that binds the school divisions and school districts and their teachers.

The francophone school division and its teachers are not affected by these changes.

When making an award, arbitrators are required to take into account the ability of a school division or school district to pay in light of its fiscal situation and the economic situation in Manitoba.

The Manitoba Teachers' Society Act is amended to require the society to establish a negotiating committee to carry out the society's duties and powers for centralized collective bargaining for teachers.

(Assented to May 20, 2021)

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

PART 1

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

1

The Public Schools Act is amended by this Part.

2

The following is added after clause 21.3(g):

(g.1) subject to subsection 112.1(1), Division 1 of Part VIII;

3

Section 91 is amended by striking out "board" wherever it occurs and substituting "division or school district".

4(1)

Subsection 92(1) is amended

(a) in the part before clause (a), by striking out "school board" and substituting "school division or school district"; and

(b) by replacing clause (b) with the following:

(b) be signed by the school division or school district and the teacher.

4(2)

Subsections 92(2) and (3) are amended by striking out "board" wherever it occurs and substituting "division or school district".

4(3)

Subsection 92(4) is amended by striking out "school board" wherever it occurs and substituting "school division or school district".

4(4)

Subsection 92(5) is amended by striking out "board" wherever it occurs and substituting "division or school district".

4(5)

Subsection 92(6) is amended by striking out "board" and substituting "division or school district".

4(6)

Subsection 92(7) is amended by striking out "board" wherever it occurs and substituting "division or school district".

5

Section 92.1 is amended, in the part before clause (a), by striking out "school board" wherever it occurs and substituting "school division or school district".

6

Sections 93 to 95 are repealed.

7

Clauses 96(1)(a), (b), (e) and (g) are amended by striking out "school board" and substituting "school division or school district".

8

The heading for Part VIII is replaced with "TEACHER COLLECTIVE BARGAINING".

9

The centred heading before section 97 is replaced with the following:

DIVISION 1

GENERAL

10(1)

Subsection 97(1) is amended

(a) in the part before the definition "dispute", by striking out "Part" and substituting "Division";

(b) in the definition "dispute", by striking out "school board" wherever it occurs and substituting "school division or school district";

(c) in the definition "teacher", by striking out "school board" and substituting "school division or school district";

(d) in the definition "unit",

(i) by striking out "school board" and substituting "school division or school district", and

(ii) by striking out "school boards" and substituting "school divisions or school districts";

(e) by repealing the definition "party"; and

(f) by adding the following definitions:

"employer bargaining representative" means the employer bargaining representative appointed under subsection 99.7(1). (« représentant patronal »)

"employers organization" means the employers organization established under section 99.6. (« association d'employeurs »)

"teachers' bargaining agent" means, subject to section 99.4, The Manitoba Teachers' Society, as designated under section 99.3. (« agent négociateur des enseignants »)

10(2)

Subsection 97(2) is amended by striking out "Part" wherever it occurs and substituting "Division".

11

The following is added after section 97:

Application — Manitoba Institute of Trades and Technology

97.1

For the purpose of this Division,

(a) the board of the Manitoba Institute of Trades and Technology, as continued under The Manitoba Institute of Trades and Technology Act, is a school division; and

(b) a person employed by the Institute to teach one or more high school courses provided by the Institute is a teacher if the person

(i) is employed by the Institute under a written contract prescribed under section 92, and

(ii) holds a valid and subsisting teacher's certificate or limited teaching permit issued under The Education Administration Act.

12(1)

Subsection 98(1) is amended by striking out "teachers, bargaining agents for units of teachers, and school boards" and substituting "school divisions and school districts, the teachers' bargaining agent and teachers".

12(2)

Subsection 98(2) is amended by striking out "board" and substituting "division or school district".

13

Section 99 is amended by striking out "Part" and substituting "Division" in the section heading and in the section.

14

The following is added after section 99 and before the centred heading that follows it:

COLLECTIVE BARGAINING

Application

99.1

Subject to clause 21.3(g), this Division applies to

(a) every school division and school district;

(b) every teacher employed by a school division or school district;

(c) the teachers' bargaining agent; and

(d) the employers organization and the employer bargaining representative.

School division or school district is employer

99.2

Nothing in this Division affects the status of a school division or school district as the employer of its teachers.

Teachers' bargaining agent

99.3(1)

For the purpose of collective bargaining, The Manitoba Teachers' Society is designated as the teachers' bargaining agent for every unit of teachers.

Capacity of Manitoba Teachers' Society

99.3(2)

In carrying out its and duties and exercising its powers under this Division, The Manitoba Teachers' Society

(a) is deemed to be a bargaining agent under The Labour Relations Act; and

(b) is deemed to have the capacity to perform the duties and exercise the powers of the teachers' bargaining agent.

Replacement of teachers' bargaining agent

99.4

Despite section 99.3, if a union is certified under The Labour Relations Act to represent the majority of teachers in the province, that union becomes the teachers' bargaining agent in place of The Manitoba Teachers' Society.

Exclusive authority of teachers' bargaining agent

99.5

The teachers' bargaining agent has exclusive authority to bargain collectively with the employers organization on behalf of every unit of teachers and all teachers in those units and to bind the teachers by collective agreement.

Employers organization for school divisions and school districts

99.6

For the sole purpose of collective bargaining in relation to teachers, an employers organization is hereby established consisting of every school division and school district.

Appointment of employer bargaining representative

99.7(1)

The minister must appoint an employer bargaining representative to represent the employers organization.

Role of Manitoba School Boards Association

99.7(2)

The minister must not appoint any person other than the Manitoba School Boards Association as the employer bargaining representative without having first consulted with the association.

Employer bargaining representative

99.8(1)

The employer bargaining representative must establish policies and procedures for the effective performance of its duties and exercise of its powers as the employer bargaining representative.

Capacity of employer bargaining representative

99.8(2)

The employer bargaining representative is deemed to have the capacity to perform the duties and exercise the powers of the employer bargaining representative under this Division.

Exclusive authority of employer bargaining representative

99.8(3)

The employer bargaining representative has exclusive authority to bargain collectively on behalf of the employers organization and to bind its member school divisions and school districts to any collective agreement that is concluded with the teachers' bargaining agent.

Voting process for employers organization

99.9

If voting is required in respect of collective bargaining by the employer bargaining representative, the outcome of a vote must be decided by the approval of a majority of the members of the employers organization, with their votes weighted to reasonably reflect the size of the unit of teachers for each member school division or school district.

Regulation requiring payment of fees

99.10

The Lieutenant Governor in Council may make regulations respecting fees to be paid by a school division or school district to the employer bargaining representative under this Division, including the amount or method of determining the fees and the time and manner in which they are to be paid.

TEACHERS' COLLECTIVE AGREEMENTS

Parties to collective agreement respecting teachers

99.11(1)

The parties to a collective agreement respecting teachers are the school divisions and school districts and the teachers' bargaining agent.

Terms of collective agreement

99.11(2)

Subject to an arbitration award made under this Division, the terms of a collective agreement respecting teachers are the terms that have been agreed to by

(a) the employers organization, as represented by the employer bargaining representative; and

(b) the teachers' bargaining agent, as the bargaining agent for every unit of teachers.

15

The following is added before section 100 and after the centred heading "ARBITRATION PROCEEDINGS":

Meaning of "party" for arbitration proceedings

99.12

In sections 100 to 108, "party" means

(a) the employers organization, as represented by the employer bargaining representative; and

(b) the teachers' bargaining agent, as the bargaining agent for every unit of teachers.

16

Sections 100 and 101 are amended by striking out "Part" and substituting "Division".

17(1)

The following is added after subsection 105(2):

Criteria

105(2.1)

In making an award, the arbitrator or arbitration board must take into consideration all factors that they consider relevant, including

(a) the ability of the school division or school district to pay in light of its fiscal situation; and

(b) the economic situation in Manitoba.

17(2)

Subsection 105(4) is replaced with the following:

Reasons

105(4)

An interest arbitration award must state the reasons on which it is based, which must include the reasoning of the arbitrator or arbitrations board as to how the criteria in clauses (2.1)(a) and (b) have been applied.

18

Section 106 is replaced with the following:

Award binding

106

The award of an arbitrator or arbitration board is binding on every school division and school district, the teachers in every unit of teachers and the teachers' bargaining agent.

19

Section 108 is renumbered as subsection 108(1) and the following is added as subsection 108(2):

Representative authorized to sign

108(2)

The employer bargaining representative, acting on behalf of every school division and school district, is authorized to sign a collective agreement respecting teachers.

20

Section 109 is replaced with the following:

Collective agreement binding

109

A collective agreement entered into by the teachers' bargaining agent and the employer bargaining representative is binding on

(a) the employers, being the school divisions or school districts; and

(b) the teachers' bargaining agent and every teacher in the unit to which the collective agreement applies.

21

Section 111 is amended by striking out "school board" and substituting "school division or school district" in the section heading and in the section.

22

Section 112 is amended by striking out "school board" wherever it occurs and substituting "school division or school district".

23

The following is added after section 112:

DIVISION 2

FRANCOPHONE SCHOOL DIVISION

Application of Division 1

112.1(1)

Subject to this section, the following provisions of Division 1 apply for the purpose of collective bargaining between the francophone school division and the unit of teachers employed by the francophone school division, with necessary changes:

(a) the definitions "dispute", "teacher" and "unit" in section 97;

(b) sections 98, 99 and 99.2;

(c) sections 100 to 112, except subsection 108(2) and section 109.

Definition of "party"

112.1(2)

In applying sections 100 to 112, "party" means, as the case may be, the francophone school division or the bargaining agent for the unit of teachers employed by the francophone school division, and "parties" means the two of them.

Collective agreement binding

112.1(3)

A collective agreement entered into by the francophone school division and the bargaining agent for the unit of teachers employed by the francophone school division is binding on

(a) the francophone school division; and

(b) the bargaining agent and every teacher in the unit to which the collective agreement applies.

24

Clause 198(a) is amended by striking out "section 93" and substituting "the collective agreement that applies".

PART 2

THE MANITOBA TEACHERS' SOCIETY ACT

C.C.S.M. c. T30 amended

25

The Manitoba Teachers' Society Act is amended by this Part.

26

The following is added after section 16 and before the centred heading that follows it:

COLLECTIVE BARGAINING

Society to establish a negotiating committee

16.1(1)

The society must establish a negotiating committee to carry out the duties and powers of the society under Part VIII of The Public Schools Act.

Negotiating committee by-laws

16.1(2)

The provincial council must make by-laws

(a) establishing the composition and structure of the committee;

(b) providing that the majority of the members of the committee are to be elected by the members of the society;

(c) assigning the responsibilities of the society under Part VIII of The Public Schools Act to be solely under the direction of the committee.

Policies and procedures re negotiations

16.2

The society must establish policies and procedures for the effective performance of the negotiating committee's duties and exercise of the negotiating committee's powers.

Expenses

16.3

The society must pay the expenses that are reasonably incurred by the negotiating committee and its members.

PART 3

TRANSITIONAL AND COMING INTO FORCE

Continuation of existing collective agreements

27(1)

A collective agreement between the bargaining agent for a unit of teachers and the school division or school district — in this section, the "parties" — that is in force on the day this section comes into force continues until the later of the following:

(a) the day the agreement expires;

(b) the day that the employers organization and the teachers' bargaining agent enter into a collective agreement.

Meaning of "employers organization" and "teachers' bargaining agent"

27(2)

In clause (1)(b), "employers organization" and "teachers' bargaining agent" have the same meaning as in subsection 97(1) of The Public Schools Act, as enacted by subsection 10(1) of this Act.

Application

27(3)

For the purpose of administering such a collective agreement between the parties while it continues,

(a) sections 97 and 98 of The Public Schools Act, as those sections read before the coming into force of this Act, apply in respect of the parties to the agreement; and

(b) sections 10 to 14 of this Act do not apply.

Certificates rescinded

28

On the day a collective agreement referred to in subsection 27(1) ceases to apply, the bargaining certificate of the applicable bargaining agent under The Labour Relations Act is rescinded.

Francophone school division excluded

29

Sections 27 and 28 do not apply to the francophone school division, the unit of teachers employed by the francophone school division or the bargaining agent for such a unit of teachers.

Coming into force

30

This Act comes into force on a day to be fixed by proclamation.