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C.C.S.M. c. L10
The Labour Relations Act
| 1 | Definitions | |
| 2 | (1) | Employees deemed not to cease being employees |
| (2) | Repealed | |
| (3) | Use of masculine gender | |
| 3 | Crown bound by Act | |
| 4 | (1) | Application of Act |
| (2) | Repealed | |
| (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| (2) | Repealed | |
| (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| (3) | Repealed | |
| 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| (1.1) | Repealed | |
| (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 | Repealed | |
| 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) | Repealed |
| (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 | Repealed | |
| 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) | Repealed | |
| 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 | Repealed | |
| 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 | Repealed | |
| 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 | |
| 141.1 | (1) | Regulations re timing of decisions |
| (2) | Regulations re timing of hearings re certification | |
| (3) | Extension of time | |
| (4) | Different time periods for different classes | |
| (5) | Regulations within one year | |
| 141.2 | Board to review regulations | |
| 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 | |