C.C.S.M. c. H29
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 |