C.C.S.M. c. L10
The Labour Relations Act
Table of Contents
1 | Definitions | |
2 | Employees deemed not to cease being employees | |
(2) | [Repealed] | |
(3) | Use of masculine gender | |
3 | Crown bound by Act | |
4 | Application of Act | |
(2) | [Repealed] | |
(3) | Subject to other Acts | |
PART I | ||
UNFAIR LABOUR PRACTICES AND INFRINGEMENT OF RIGHTS |
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5 | Union membership rights | |
(2) | Employer organization rights | |
(3) | Interference with rights | |
6 | Employer's interference with union | |
(2) | [Repealed] | |
(3) | Exception | |
7 | Discrimination in hiring etc. | |
8 | Discrimination within unions | |
9 | Discrimination during organizational period | |
10 | 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 | Reinstatement after strike or lockout | |
(2) | Defence | |
(3) | Available work defined | |
13 | Reinstatement where no collective agreement | |
(2) | End of lockout or strike | |
(3) | Other provisions applicable | |
14 | Using professional strikebreaker | |
(2) | Acting as professional strikebreaker | |
(3) | [Repealed] | |
14.1 | Strike-related misconduct | |
15 | 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 | Interference with union representatives visiting employees | |
(1.1) | [Repealed] | |
(2) | Issue of permit | |
(3) | Visit under subsec. (1) not a trespass | |
22 | 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 | Contractual conditions restraining rights | |
(2) | Collective agreement conditions allowed | |
(3) | Provisions requiring discharge of employees | |
24 | Bargaining with unit that is not bargaining agent | |
(2) | Union bargaining for another union's members | |
(3) | Void agreements | |
25 | Interrogation prohibited | |
(2) | Defence | |
26 | Not bargaining in good faith | |
27 | Failure to provide information | |
28 | Failure to co-operate in conciliation or mediation | |
(2) | Prima facie proof | |
29 | Failure to remit dues | |
29.1 | [Repealed] | |
30 | Complaint alleging unfair labour practice | |
(2) | Undue delay | |
(3) | Disposition of complaint | |
(4) | Duties of board representative | |
(5) | Results of settlement | |
31 | 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 | Freedom of speech | |
(2) | Right of employer to suspend, discharge, etc. | |
33 | Rights against trespassers preserved | |
(2) | Disruption of operations | |
PART II | ||
CERTIFICATION AND BARGAINING RIGHTS |
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34 | Right to apply for certification | |
(2) | Where application may be made at any time | |
35 | 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 | Notice to show cause as to change of bargaining agent | |
(2) | Hearing and order | |
37 | Application with consent of board | |
38 | Joint applications | |
39 | Determination of appropriate unit | |
(2) | Powers of board on determination of unit | |
(3) | Professional employees in unit | |
(4) and (5) | [Repealed] | |
40 | 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 | 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 | Board may requisition report on appropriateness, etc. | |
(2) | Use of report | |
(3) | Representative not compellable | |
47 | Standing of employer on certification application | |
(2) | Standing of employee on certification application | |
48 | Votes | |
(2) | Procedure on votes | |
(3) | Vote within seven days | |
(4) | Board's power to extend time | |
(5) | Computation of time | |
48.1 | Electioneering on voting day | |
(2) | Electioneering by other persons | |
49 | Application for cancellation or termination by employee | |
(2) | Time for application | |
(3) | Exceptional cases | |
50 | 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 | Cancellation for abandonment | |
(2) | Employer request for investigation | |
54 | Effect of cancellation of certification, etc. | |
PART III | ||
SUCCESSOR RIGHTS | ||
55 | Merger, etc. of bargaining agent | |
(2) | Successor rights and obligations | |
(3) | Effective date of declaration | |
56 | 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 | Associated businesses, etc. | |
(2) | Duty on affected parties | |
(3) | Effective date of determination | |
PART IV | ||
COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS |
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COMMENCING COLLECTIVE BARGAINING | ||
60 | Requisition to commence collective bargaining | |
61 | 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 | 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 | Information as to employees | |
(2) | Information during collective agreement | |
(3) | Board may extend time limit | |
(4) | Other obligations | |
CONCILIATION | ||
67 | Appointment of conciliator | |
(1.1) | Public interest | |
(1.2) | Appointment of part-time vice-chairperson | |
(1.3) | Disqualification of certain individuals | |
(2) | Functions on conciliation | |
(3) | Conciliation meetings | |
(3.1) | Report to board re first collective agreement | |
(4) | No liability | |
(5) | Remuneration of conciliator appointed at minister's request | |
(6) | Remuneration of conciliator appointed at party's request | |
68.1 | List of conciliators | |
RATIFICATION VOTES | ||
69 | 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 | Complaint about ratification vote | |
(2) | Remedy | |
(3) | Board order final | |
(4) | Deemed compliance | |
71 | Rejection of proposed collective agreement | |
72 | Binding collective agreement | |
(2) | Execution and filing | |
(3) | Saving | |
(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 | Agreements open to public inspection | |
(2) | Exemption | |
74 | Agreement deemed for term of one year | |
(2) | Extension of term of collective agreement | |
75 | Revision during term of agreement | |
COMPULSORY CHECK-OFF | ||
76 | 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 | 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 | 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 |
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80 | Obligation to act fairly, etc. | |
(2) | Deemed fairness provision | |
(3) | [Repealed] | |
81 | Consultation during collective agreement | |
(2) | Deemed consultation provision | |
VOLUNTARY INTEREST ARBITRATION | ||
82 | Agreed provisions for settlement of disputes in bargaining | |
(2) | Provision not to be arbitrated | |
TECHNOLOGICAL CHANGE | ||
83 | Notice of technological change | |
(2) | Contents of notice | |
(3) | Notice to bargain | |
84 | Arbitration of effect of technological change | |
85 | Failure to serve notice | |
(2) | Effect of affirmative award | |
86 | Application of sections 83, 84 and 85 | |
SETTLEMENT OF FIRST AGREEMENTS | ||
87 | 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 |
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87.1 | 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 | No settlement if good faith bargaining and agreement is likely | |
(2) | New application if no agreement within further 30 days | |
87.3 | 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 | 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 | 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 | 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 | ||
95 | 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 | Appointment of conciliation board | |
(2) | Three members on conciliation board | |
98 | 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 | Obligation of conciliation board or mediator | |
(2) | Procedure | |
102 | Parties to meet with mediator and conciliation board | |
103 | 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 | Report and proceedings not evidence in other matters | |
(2) | Where subsection (1) not applicable | |
(3) | No liability | |
108 | Times and places of sittings of conciliation board | |
(2) | Quorum of conciliation board | |
(3) | Majority decision of conciliation board | |
109 | Powers of conciliation board and mediator | |
(2) | Receiving evidence | |
(3) | Secrecy of information | |
(4) | Offence | |
(5) | Witness fees | |
110 | Entry and inspection | |
111 | Remuneration for conciliation boards and mediators | |
(2) | Payment of remuneration and expenses | |
(3) | [Repealed] | |
(4) | Costs of mediator | |
112 | List of mediators | |
113 | 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 | 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 | Effect of appointment | |
(2) | List of arbitrators | |
118 | Appointment notwithstanding certain objections | |
119 | Expenses of arbitration | |
120 | Powers of arbitrator or arbitration board | |
(2) | Powers of chairperson of arbitration board | |
(3) | Powers of commissioners included | |
121 | 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 | Majority decision at meeting | |
(2) | Final decision in arbitration | |
125 | 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 | 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 | Appointment of grievance mediator | |
(1.1) | Appointment of part-time vice-chairperson | |
(1.2) | Disqualification of certain individuals | |
(2) | [Repealed] | |
129.1 | List of grievance mediators | |
129.2 | Remuneration for grievance mediators | |
130 | 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) | [Repealed] | |
(9) | Duties of grievance mediator | |
(10) | Hearing and decision | |
(10.1) | Overall time limit for decision | |
(10.2) | [Repealed] | |
(11) | Oral decision | |
(12) | Power and jurisdiction of arbitrator | |
(13) | Application of expedited procedure | |
(14) | Provisions re arbitrations apply | |
131 | Grievance mediator protected | |
PART VII.1 | ||
DISCLOSURE OF INFORMATION BY UNIONS | ||
132.1 | 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 |
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133 | Personal grievance of employee | |
134 | Proceedings not invalidated by irregularity | |
135 | Signature to application, notice, or collective agreement | |
136 | Service of documents | |
(2) | Service by mail | |
(3) | Proof of service | |
(4) | Service by mail on employers | |
137 | Filings with board | |
138 | 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 | 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 | 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 | Regulations by board | |
(1.1) | Regulations may relate to duties under other Acts | |
(2) | Guidelines | |
(3) | Submissions re guidelines | |
141.1 | 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 | |
141.3 | Regulations by LG in C | |
(2) | Consultation | |
142 | 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 | 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 | Not compellable witness | |
(2) | No liability | |
(3) | Proof of certificate of board, etc. | |
145 | Refusal to comply with order | |
146 | Prosecution of employers' organization or union | |
(2) | Information for several offences | |
147 | Officer of corporation, etc. | |
148 | Limitation on prosecution | |
(2) | Consent of board to prosecution | |
149 | Penalties general | |
150 | Liability for damages | |
(2) | Breach of contract | |
(3) | Status of employers' organizations or unions |