C.C.S.M. c. L10
The Labour Relations Act
1 | Definitions |
2(1) | Employees deemed not to cease being employees |
(2) | |
(3) | Use of masculine gender |
3 | Crown bound by Act |
4(1) | Application of Act |
(2) | |
(3) | Subject to other Acts |
PART I | |
UNFAIR LABOUR PRACTICES AND INFRINGEMENT OF RIGHTS | |
5(1) | Union membership rights |
(2) | Employer organization rights |
(3) | Interference with rights |
6(1) | Employer's interference with union |
(2) | |
(3) | Exception |
7 | Discrimination in hiring etc. |
8 | Discrimination within unions |
9 | Discrimination during organizational period |
10(1) | Restriction on change of conditions on application for certification |
(2) | Restriction on changes of conditions after certification |
(3) | Extension of period |
(4) | Restrictions on changes of conditions after termination of collective agreement |
11 | Hiring permanent replacement workers |
12(1) | Reinstatement after strike or lockout |
(2) | Defence |
(3) | Available work defined |
13(1) | Reinstatement where no collective agreement |
(2) | End of lockout or strike |
(3) | Other provisions applicable |
14(1) | Using professional strikebreaker |
(2) | Acting as professional strikebreaker |
(3) | |
14.1 | Strike-related misconduct |
15(1) | Effect of refusal to facilitate struck employer |
(2) | Where disciplinary action is unfair labour practice |
(3) | Referral to board |
(4) | Referral by minister |
(5) | Saving clause as to wages |
16 | Discharge, etc., for refusal to perform work of striking employee |
17 | Unfair labour practice by employer |
18 | Insurance scheme |
19 | Unfair labour practice by union |
20 | Duty of fair representation |
21(1) | Interference with union representatives visiting employees |
(1.1) | |
(2) | Issue of permit |
(3) | Visit under subsec. (1) not a trespass |
22(1) | Interference with communications |
(2) | Meetings re access agreement |
(3) | Time of first meeting |
(4) | Assistance from board |
(5) | Access agreement |
(6) | Failure to conclude access agreement |
(7) | Access order |
(8) | Authorized visit not a trespass |
(9) | Renegotiation of agreement |
23(1) | Contractual conditions restraining rights |
(2) | Collective agreement conditions allowed |
(3) | Provisions requiring discharge of employees |
24(1) | Bargaining with unit that is not bargaining agent |
(2) | Union bargaining for another union's members |
(3) | Void agreements |
25(1) | Interrogation prohibited |
(2) | Defence |
26 | Not bargaining in good faith |
27 | Failure to provide information |
28(1) | Failure to co-operate in conciliation or mediation |
(2) | Prima facie proof |
29 | Failure to remit dues |
29.1 | |
30(1) | Complaint alleging unfair labour practice |
(2) | Undue delay |
(3) | Disposition of complaint |
(4) | Duties of board representative |
(5) | Results of settlement |
31(1) | Board hearing |
(2) | Interim order |
(3) | Findings of board |
(4) | Remedies for unfair labour practice |
(5) | Effect of other proceedings |
(6) | Unfair labour practice not offence |
32(1) | Freedom of speech |
(2) | Right of employer to suspend, discharge, etc. |
33(1) | Rights against trespassers preserved |
(2) | Disruption of operations |
PART II | |
CERTIFICATION AND BARGAINING RIGHTS | |
34(1) | Right to apply for certification |
(2) | Where application may be made at any time |
35(1) | Application where bargaining agent previously certified |
(2) | Restrictions on applications for certification |
(3) | Application after termination of agreement |
(4) | Further restriction on applications for certification |
(5) | No application during first six months of work stoppage |
(6) | Composition of unit during strike or lockout |
36(1) | Notice to show cause as to change of bargaining agent |
(2) | Hearing and order |
37 | Application with consent of board |
38 | Joint applications |
39(1) | Determination of appropriate unit |
(2) | Powers of board on determination of unit |
(3) | Professional employees in unit |
(4) | Interim certification |
(5) | Time not to run until final certificate |
40(1) | Certification, representation vote, or dismissal |
(1.1) | Board may determine voting constituency |
(2) | Representation vote in displacement application |
(3) | Certification or dismissal based on result |
41 | Discretionary certification for unfair labour practice |
42 | Employees employed by two or more employers |
43 | Employer influence |
44 | Effect of certification |
45(1) | Wishes of employees |
(2) | Minimum membership requirements |
(3) | Determination of union membership |
(3.1) | Information to be provided to employee |
(3.2) | Proof of information provided |
(4) | Board power re solicitation of membership |
(5) | Examination and inquiries by board |
(6) | Board not to disclose membership evidence |
46(1) | Board may requisition report on appropriateness, etc. |
(2) | Use of report |
(3) | Representative not compellable |
47(1) | Standing of employer on certification application |
(2) | Standing of employee on certification application |
48(1) | Votes |
(2) | Procedure on votes |
(3) | Vote within seven days |
(4) | Board's power to extend time |
(5) | Computation of time |
48.1(1) | Electioneering on voting day |
(2) | Electioneering by other persons |
49(1) | Application for cancellation or termination by employee |
(2) | Time for application |
(3) | Exceptional cases |
50(1) | Dismissal of application to cancel, etc. |
(2) | Ordering a vote |
(3) | Dispensing with vote |
(4) | Board's discretion to dismiss |
51 | Disposition of application after vote |
52 | Cancellation of certification where fraud |
53(1) | Cancellation for abandonment |
(2) | Employer request for investigation |
54 | Effect of cancellation of certification, etc. |
PART III | |
SUCCESSOR RIGHTS | |
55(1) | Merger, etc. of bargaining agent |
(2) | Successor rights and obligations |
(3) | Effective date of declaration |
56(1) | Sale of business |
(2) | Amending certificate, etc. where intermingling |
(3) | Application to open collective agreement |
57 | Duty on parties to alleged sale |
58 | Merger or amalgamation of businesses |
58.1 | Business coming under provincial law is bound by collective agreement |
59(1) | Associated businesses, etc. |
(2) | Duty on affected parties |
(3) | Effective date of determination |
PART IV | |
COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS | |
COMMENCING COLLECTIVE BARGAINING | |
60 | Requisition to commence collective bargaining |
61(1) | Notice to commence collective bargaining for renewal, etc., of agreement |
(2) | Provision of different period of notice |
(3) | Notice to revise agreement open to revision |
62 | Obligation to negotiate |
63(1) | Effect of notice under section 61 |
(2) | Effect of notice to revise, etc. |
(3) | Termination by strike or lockout |
(4) | Effect of notice under 61(3) |
(5) | More than one notice under subsection (4) |
64 | Powers of board |
65 | Limitation on withdrawal from bargaining |
66(1) | Information as to employees |
(2) | Information during collective agreement |
(3) | Board may extend time limit |
(4) | Other obligations |
CONCILIATION | |
67(1) | Appointment of conciliation officer |
(2) | Functions on conciliation |
(3) | Conciliation meetings |
68(1) | Report to minister |
(2) | Exceeding time limit |
(3) | Report not admissible |
(3.1) | Report to board re first collective agreement |
(4) | No liability |
(5) | Remuneration for conciliation officers |
RATIFICATION VOTES | |
69(1) | Vote to accept or reject proposed agreement |
(1.1) | Definition of "construction" |
(2) | Notice and opportunity to cast ballot |
(3) | Majority determines question |
(4) | Exceptions |
70(1) | Complaint about ratification vote |
(2) | Remedy |
(3) | Board order final |
(4) | Deemed compliance |
71 | Rejection of proposed collective agreement |
72(1) | Binding collective agreement |
(2) | Execution and filing |
(3) | Saving |
72.1(1) | |
(2) | Minister may require ratification vote |
(3) | Board to conduct vote |
(4) | Board to determine all questions |
(5) | Consequences of favourable vote |
COLLECTIVE AGREEMENTS | |
73(1) | Agreements open to public inspection |
(2) | Exemption |
74(1) | Agreement deemed for term of one year |
(2) | Extension of term of collective agreement |
75 | Revision during term of agreement |
COMPULSORY CHECK-OFF | |
76(1) | Compulsory check-off |
(2) | Where not in agreement |
(3) | Determination re religious objector |
76.1 | |
77 | Application of closed shop agreement to conscientious objector |
GRIEVANCE ARBITRATION | |
78(1) | Provision for final settlement |
(2) | Deemed arbitration provisions |
(3) | Modification of settlement provision |
(4) | Final settlement provision binding |
(5) | Continuation of final settlement provision |
79(1) | Just cause provision |
(2) | Deemed just cause provision |
(3) | Exception for probationary period |
(4) | No application to dismissal of teachers |
OBLIGATION TO ACT FAIRLY AND CONSULT | |
80(1) | Obligation to act fairly, etc. |
(2) | Deemed fairness provision |
(3) | |
81(1) | Consultation during collective agreement |
(2) | Deemed consultation provision |
VOLUNTARY INTEREST ARBITRATION | |
82(1) | Agreed provisions for settlement of disputes in bargaining |
(2) | Provision not to be arbitrated |
TECHNOLOGICAL CHANGE | |
83(1) | Notice of technological change |
(2) | Contents of notice |
(3) | Notice to bargain |
84 | Arbitration of effect of technological change |
85(1) | Failure to serve notice |
(2) | Effect of affirmative award |
86 | Application of sections 83, 84 and 85 |
SETTLEMENT OF FIRST AGREEMENTS | |
87(1) | Dispute re first agreement |
(2) | Agreement to proceed by arbitration |
(2.1) | Arbitrator to settle first collective agreement |
(2.2) | Application of provisions respecting arbitrator |
(3) | Conclusion of collective agreement by board |
(4) | Failure of parties to conclude agreement |
(5) | Termination of strike or lockout |
(6) | Procedure for settling agreement |
(7) | Term of first agreement |
(8) | Agreement in writing |
SETTLEMENT OF SUBSEQUENT AGREEMENTS | |
87.1(1) | Dispute about subsequent agreements |
(2) | Notice |
(3) | Board to determine if good faith bargaining |
(3.1) | Determination within 21 days |
(4) | Discretion of board |
87.2(1) | No settlement if good faith bargaining and agreement is likely |
(2) | New application if no agreement within further 30 days |
87.3(1) | Settlement |
(1.1) | New application |
(2) | Arbitration |
(3) | Arbitrator to settle collective agreement |
(4) | Arbitration provisions of this Act apply |
(5) | Term of collective agreement |
(5.1) | Extension of term of agreement |
(6) | Collective agreement binding |
(7) | Subsections 87(6) and (8) apply |
87.4 | Review |
PART V | |
LOCKOUTS AND STRIKES | |
88(1) | Lockout offence by employer |
(2) | Lockout offence on behalf of employer |
(3) | Strike offence by union |
(4) | Strike offence on behalf of union |
(5) | Strike offence by employee |
89(1) | Restriction on strikes etc., after certification |
(2) | Restriction on strikes etc., under collective agreement |
90 | Trade union not entitled to bargain not to declare strike |
91 | Where employer not to declare lockout |
92 | Where employee not covered by bargaining rights |
93(1) | Restriction on strikes until strike vote held |
(2) | Who can vote |
(3) | Notice and opportunity to cast ballot |
(4) | Secret ballot |
(5) | Disputes |
(6) | Vote in favour of strike not binding |
94 | Suspension or discontinuance of operations |
PART V.1 | |
94.1 to 94.7 | |
PART VI | |
MEDIATION, CONCILIATION BOARDS AND INDUSTRIAL INQUIRY COMMISSIONS | |
95(1) | Appointment of mediator on joint request |
(1.1) | Appointment on request of one party |
(2) | Appointment on minister's initiative |
96 | Mediator deemed legally appointed |
97(1) | Appointment of conciliation board |
(2) | Three members on conciliation board |
98(1) | Nomination by parties |
(2) | Disqualification of certain individuals |
(3) | Where no nomination, minister appoints member |
(4) | Chairperson nominated by other two members |
(5) | Failure to nominate third member |
(6) | Parties notified of members' names |
(7) | Action on individual's ceasing to be member |
(8) | Upon notice given board presumed duly established |
99 | Oath of office |
100 | Statement of reference |
101(1) | Obligation of conciliation board or mediator |
(2) | Procedure |
102 | Parties to meet with mediator and conciliation board |
103(1) | Report to minister within specified time |
(2) | Failure to report within time limit |
(3) | Majority report of conciliation board |
104 | Copy of report to parties |
105 | Publication of report of conciliation board or mediator |
106 | Report binding by agreement |
107(1) | Report and proceedings not evidence in other matters |
(2) | Where subsection (1) not applicable |
(3) | No liability |
108(1) | Times and places of sittings of conciliation board |
(2) | Quorum of conciliation board |
(3) | Majority decision of conciliation board |
109(1) | Powers of conciliation board and mediator |
(2) | Receiving evidence |
(3) | Secrecy of information |
(4) | Offence |
(5) | Witness fees |
110 | Entry and inspection |
111(1) | Remuneration for conciliation boards and mediators |
(2) | Payment of remuneration and expenses |
(3) | Clerical assistance |
(4) | Costs of mediator |
112 | List of mediators |
113(1) | Ministerial powers |
(2) | Reference to industrial inquiry commission |
(3) | Function and powers of commission and report |
(4) | Copies of report to parties |
(5) | Constitution of commission |
PART VII | |
GRIEVANCE ARBITRATION | |
114 | Appointment of arbitrator |
115(1) | Appointment of arbitration board |
(2) | Nomination by initiating party |
(3) | Nomination of second member |
(4) | Appointment of chairperson |
(5) | Appointment by board |
(6) | Failure to comply with agreement |
116 | Disqualification of certain individuals |
117(1) | Effect of appointment |
(2) | List of arbitrators |
118 | Appointment notwithstanding certain objections |
119 | Expenses of arbitration |
120(1) | Powers of arbitrator or arbitration board |
(2) | Powers of chairperson of arbitration board |
(3) | Powers of commissioners included |
121(1) | Substance of matter arbitrated |
(2) | Remedial authority |
(3) | Substitution of penalty or remedy |
(4) | Jurisdiction retained |
122 | Hearings open to public |
123 | Certain provisions applicable |
124(1) | Majority decision at meeting |
(2) | Final decision in arbitration |
125(1) | Time limit for arbitrator's decision |
(2) | Time limit for arbitration board's decision |
(3) | Jurisdiction retained for specified period |
(4) | Speed-up of decision |
(5) | Function of new arbitrator |
126 | Decision to be filed with board |
127 | Filing arbitration decision in court |
128(1) | Decisions final and binding |
(2) | Judicial review of final decision |
(3) | Time limitation |
(4) | Notice of application to board |
(5) | No extension of grounds |
129(1) | Minister may appoint grievance mediator |
(2) | Grievance mediator named in collective agreement |
130(1) | Referral of grievance to board |
(2) | Referral of employer grievance |
(3) | Time for referral: dismissal or suspension over 30 days |
(3.1) | Time for referral: other cases |
(4) | Where grievance not referrable |
(5) | Functions of board |
(6) | Appointment of part-time vice-chairperson |
(7) | Board may consolidate grievances |
(8) | Minister to appoint grievance mediator |
(9) | Duties of grievance mediator |
(10) | Hearing and decision |
(10.1) | Overall time limit for decision |
(10.2) | Board approval for adjournments |
(11) | Oral decision |
(12) | Power and jurisdiction of arbitrator |
(13) | Application of expedited procedure |
(14) | Provisions re arbitrations apply |
131 | Grievance mediator protected |
132 | Application of The Arbitration Act |
PART VII.1 | |
DISCLOSURE OF INFORMATION BY UNIONS | |
132.1(1) | Union to give financial statement to members |
(2) | Content of financial statement |
(3) | Complaint |
(4) | Union must comply |
(5) | Complaint that financial statement inadequate |
132.2 to 132.11 | |
PART VIII | |
MANITOBA LABOUR BOARD AND GENERAL PROVISIONS | |
133 | Personal grievance of employee |
134 | Proceedings not invalidated by irregularity |
135 | Signature to application, notice, or collective agreement |
136(1) | Service of documents |
(2) | Service by mail |
(3) | Proof of service |
(4) | Service by mail on employers |
137 | Filings with board |
138(1) | The Manitoba Labour Board |
(2) | Composition and appointment |
(3) | Tenure of chairperson and vice-chairpersons |
(4) | Tenure of representative members |
(5) | Selection of chairperson |
(6) | Selection of vice-chairpersons and other members |
(7) | Eligibility for reappointment |
(8) | Salary and expenses |
(9) | Full-time and part-time appointments |
(10) | Oath of office |
(11) | Disqualification of board members |
(12) | Completion of duties |
(13) | Annual report |
(14) | Contents of report |
(15) | Budget |
139(1) | Chairperson |
(2) | Establishing panels |
(3) | Substitute chairperson |
(4) | Presiding at meetings |
(5) | Composition of panels |
(6) | Authority of panel |
(7) | Quorum |
(8) | Majority decision at proceeding |
(9) | Final decision in matter |
140(1) | Practice and procedure |
(2) | Representations in writing |
(3) | Public hearing |
(4) | Offence and penalty |
(5) | Witness fees |
(6) | Settlement efforts |
(7) | Deferral to arbitration |
(8) | Matters without merit |
(9) | Consent order |
(10) | Consent order is final order |
(11) | Conditional order |
141(1) | Regulations by board |
(1.1) | Regulations may relate to duties under other Acts |
(2) | Guidelines |
(3) | Submissions re guidelines |
142(1) | Board powers |
(2) | Powers of commissioners |
(3) | Certain powers of chairperson or vice-chairperson |
(4) | Board delegation of power |
(5) | Determination of questions by board |
143(1) | Relationship between board and courts |
(2) | No judicial review during proceeding |
(3) | Board review |
(4) | Reference to Court of Appeal |
(5) | Judicial review on constitutional grounds |
(6) | Judicial review of final decision |
(7) | Deemed final decision |
(8) | No extension of grounds |
(9) | Board has standing |
(10) | Reference to board |
(11) | Enforcement |
144(1) | Not compellable witness |
(2) | No liability |
(3) | Proof of certificate of board, etc. |
145 | Refusal to comply with order |
146(1) | Prosecution of employers' organization or union |
(2) | Information for several offences |
147 | Officer of corporation, etc. |
148(1) | Limitation on prosecution |
(2) | Consent of board to prosecution |
149 | Penalties general |
150(1) | Liability for damages |
(2) | Breach of contract |
(3) | Status of employers' organizations or unions |