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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. F60
The Fire Departments Arbitration Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"arbitration board" means a board established under section 8; ("conseil d'arbitrage")
"award" means an award of an arbitration board made under section 11; ("sentence" )
"bargaining agent" means, subject to section 3, a trade union that acts on behalf of firemen,
(a) in collective bargaining, or
(b) as a party to a collective agreement with a municipality that is their employer; ("agent négociateur")
"board" means The Manitoba Labour Board; ("Commission")
"collective agreement" has the meaning given to that expression in the principal Act; ("convention collective")
"dispute" has the meaning given to that expression in the principal Act; ("différend" )
"fireman" means an employee of a municipality employed, for his full time, as a member of a fire fighting department; ("pompier" )
"lockout" has the meaning given to that expression in the principal Act; ("lockout" )
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"principal Act" means The Labour Relations Act; ("loi principale")
"strike" has the meaning given to that expression in the principal Act. ("grève")
Words and expressions in principal Act.
Except where the context otherwise requires, and subject to section 1, words and expressions used in this Act have the same meaning as they have in the principal Act.
This Act applies only to firemen who are represented for the purposes of collective bargaining under the principal Act, by a trade union that holds a valid and subsisting certificate, issued by the board, certifying that it is the bargaining agent for those firemen.
Application of principal Act to collective bargaining.
Except as provided otherwise in this Act, the provisions of the principal Act respecting collective bargaining apply to collective bargaining between a municipality and a bargaining agent and where in any situation a provision of this Act is inconsistent with or repugnant to a provision of the principal Act, the provision of this Act binds the parties involved in the situation and supersedes the provision of the principal Act in respect of its application to the situation.
Notice to commence collective bargaining.
Where a collective agreement exists between a municipality and a bargaining agent, if either party thereto desires to negotiate a renewed or revised collective agreement it shall, not later than October 1 next preceding the termination of the existing collective agreement, by written notice require the other party to commence collective bargaining with a view to the renewal or revision of the agreement or conclusion of a new collective agreement; and, with the notice, it shall include in writing its proposals, if any, for revision of the agreement.
A notice given under subsection (1) shall be conclusively deemed to be a notice given under subsection 61(1) of the principal Act.
Where no collective agreement in force.
Where there is no collective agreement existing between a municipality and a bargaining agent, either may give to the other a notice in accordance with section 60 of the principal Act requiring the other to commence collective bargaining.
Application for arbitration board.
Where the municipality and the bargaining agent have not
(a) by December 31 next following a notice given under subsection 5(1); or
(b) within three months after giving notice under subsection 5(3);
agreed upon terms of a renewed or revised agreement, or upon the terms of a 1st agreement, either or both of the parties may apply in writing to the minister to appoint an arbitration board.
An application under subsection (1) must be filed with the minister not later than January 5 next following the giving of a notice under section 5.
Earlier application for arbitration board.
Where, before December 31 of the year in which notice is given under section 5, the municipality and the bargaining agent have reached an impasse or stalemate in their collective bargaining, and the parties agree, or one of the parties maintains, that there is no indication of possible agreement, either party or both parties may apply to the minister in writing to appoint an arbitration board.
Power of municipality to vary date for giving of notice.
Notwithstanding sections 5 and 6 a municipality may, not later than July 31 in any year by by-law enacted by the council thereof, fix a date for the giving of the notice mentioned in subsection 5(1) that is earlier or later, but not more than three months later, than the date therein mentioned.
Where a municipality passes a by-law under subsection (1), it shall within one week of the day on which the by-law is passed notify the bargaining agent of the passing of the by-law by delivering a copy thereof to the bargaining agent; but, where the date fixed by the by-law for giving the notice mentioned in subsection 5(1) is, for the year in which the by-law is passed, before or within 21 days after the date on which the copy of the bylaw is so delivered, a notice mentioned in subsection 5(1) may be given at any time within 21 days after the date on which the copy of the by-law is so delivered.
Where a municipality, as provided in subsection (1), fixes an earlier or later date for the giving of notice under section 5, the dates mentioned in section 6 shall be retarded or advanced, as the case may be, by a number of days equal to the number of days by which the date so fixed by the municipality is earlier or later, as the case may be, than the date mentioned in subsection 5(1).
Establishment of arbitration board.
Where under the principal Act, and this Act
(a) collective bargaining has begun and been carried on between the municipality that is the employer of any firemen and the bargaining agent for the firemen;
(b) an application for the appointment of an arbitration board has been made under section 6; and
(c) the minister is satisfied that the collective bargaining has been carried on in good faith, but that it is unlikely that the parties will agree, within a reasonable time, on a new collective agreement, or on the renewal or revision of an existing or former collective agreement;
the minister may establish an arbitration board to deal with the dispute and to formulate a collective agreement, or the renewal or revision of an existing or former collective agreement, between the parties.
Continuation of existing agreement.
Where an application for the appointment of an arbitration board is not made within the time fixed by section 6, or the minister refuses to appoint an arbitration board, the collective agreement existing at the time notice is given under section 5 continues in full force and effect until December 31 next following the end of the time so fixed or the refusal of the minister as aforesaid.
Appointment, procedures, etc., of arbitration board.
Except as otherwise provided in this Act,
(a) the provisions of the principal Act respecting the membership and appointment of the members and chairman of a conciliation board apply with such modifications as the circumstances require to and in respect of the membership and appointment of the members and chairman of an arbitration board under this Act; but
(b) upon appointment of an arbitration board under this Act the provisions of the principal Act respecting the procedures, powers, duties, privileges and awards of an arbitration board appointed under the principal Act apply to and in respect of the procedures, powers, duties, privileges and awards of an arbitration board appointed under this Act.
Where the minister appoints an arbitration board he shall forthwith deliver to each of the members of the arbitration board a statement of matters referred to the arbitration board consisting of the original proposals and all counter proposals submitted by each of the parties to the other.
Where the parties agree in writing to eliminate or modify any item in the original proposals or counter-proposals, if they notify the minister in writing that they have agreed upon certain changes in the terms of reference and furnish him with a copy of the changes agreed upon, the minister shall amend accordingly the statement delivered to the arbitration board; and any award made under section 11 shall be limited to the matters contained in the statements so amended and delivered.
Effort to secure collective agreement.
On being duly constituted, an arbitration board shall endeavour to bring about a settlement of the dispute between the municipality and the firemen, and to formulate an agreement satisfactory to both parties; and, if such an agreement is formulated, upon being entered into by the parties it is a collective agreement under the principal Act.
Where it is unsuccessful in formulating an agreement satisfactory to both parties, the arbitration board shall make an award setting out its decision as to the manner in which all matters in dispute between the parties shall be settled.
Subject to subsection (4), an arbitration board shall make an award under subsection (2) within 42 days of the date on which the chairman of the arbitration board is appointed or such longer period as may be agreed to by the parties.
After an arbitration board has made an award, the minister may direct the arbitration board to provide clarification of the award, or a part thereof, and within 10 days of the date on which the minister makes the direction the arbitration board shall make a report to the minister on the matters to be clarified.
An award is binding upon the municipality that is the employer of the firemen, and upon the firemen, and upon the bargaining agent of the firemen; and each and all of them shall observe and carry out the award and forthwith give effect thereto.
Commencement of agreement or award.
Where an arbitration board is established to deal with a dispute that has arisen respecting terms or conditions of employment in any year, a collective agreement entered into, or an award made, under section 11 has effect on and after January 1 of that year, whether or not the council of the municipality has made, or can make, provision for the expenditure in its estimates for that year or any part thereof.
Subject to subsection (3), such a collective agreement remains in effect for the term specified therein, and, subject as aforesaid, such an award remains in effect until the end of the year in which it comes into effect as provided in subsection (1).
Continuation of agreement or award.
On the termination of the period during which a collective agreement or an award is in effect, it continues in effect until it is replaced by a new collective agreement or a new award, as the case may be.
Effect of by-law under sec. 7 on award.
Where a municipality, as provided in subsection 7(1), fixes an earlier or later date for the giving of notice under section 5, this section applies to a collective agreement or an award as if such an earlier or later date had not been so fixed.
No municipality shall declare or cause a lockout of firemen.
No fireman shall strike.
The municipality and the bargaining agent for the firemen shall each assume its own costs of the arbitration, and shall share equally all other general expenses of the arbitration board including the remuneration of the chairman and the reasonable and proper expenses incurred by him in connection with the arbitration proceedings.
Amount of remuneration and expenses.
The remuneration and out-of-pocket expenses of the chairman and other members of an arbitration board shall be the same in amount as those of the chairman and other members of a board of conciliation and investigation appointed under the principal Act.
Every person who is summoned by an arbitration board, except a witness summoned at the request of a party, and who duly attends as a witness, is entitled to an allowance for expenses determined in accordance with the scale for the time being in force with respect to witnesses in civil actions in the Court of Queen's Bench; and the allowance paid is part of the general expenses of the arbitration board.
Subject to The Civil Service Act, the minister may provide an arbitration board with a secretary, stenographer, and such clerical or other assistance, as to the minister seems necessary for the performance of its duties.
Every municipality that declares or causes a lockout contrary to this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $250. for each day that the lockout exists.
Every person, acting on behalf of a municipality, who declares or causes a lockout contrary to this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $300.
Every trade union that declares or authorizes a strike contrary to this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $250. for each day that the strike exists.
Every officer or representative of a trade union who, contrary to this Act, authorizes or participates in the taking of a strike vote, or declares or authorizes a strike, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $300.
Every municipality, person, or trade union, who or which does anything prohibited by this Act, or who or which refuses or neglects to do anything required by this Act to be done by him or it, is guilty of an offence and, except where some other penalty is by this Act provided for the act, refusal, or neglect, is liable, on summary conviction,
(a) if an individual, to a fine not exceeding $100.;
or
(b) if a corporation or trade union, to a fine not exceeding $500.