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The Labour Relations Act

R.S.M. 1987, c. L10

The Labour Relations Act

Table of Contents

1 Definitions.
2 Employees deemed not to cease being employees.
(2) Supervision of employees.
(3) Use of masculine gender.
3 Crown bound by Act.
4 Application of Act.
(2) Teachers excluded.
(3) Subject to other Acts.
PART I
UNFAIR LABOUR PRACTICES AND INFRINGEMENT OF RIGHTS
5 Union membership rights.
(2) Employer organization rights.
(3) Interference with rights.
6 Employer's interference with union.
(2) Certain actions deemed to be interference.
(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) 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 Threats, intimidation and coercion.
18 Insurance scheme.
19 Acts of unions.
20 Duty of fair representation.
21 Interference with union representatives visiting employees.
(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.
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
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) Interim certification.
(5) Time not to run until final certificate.
40 Certification, representation vote, or dismissal.
(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.
(4) Membership not proof of wishes where intimidation.
(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) Application of quick vote.
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.
59 Associated businesses, etc.
(2) Duty on affected parties.
(3) Effective date of determination.
PART IV
COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS
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.
67 Appointment of conciliation officer.
(2) Functions on conciliation.
(3) Conciliation meetings.
68 Report to minister.
(2) Exceeding time limit.
(3) Report not admissible.
(4) No liability.
(5) Remuneration for conciliation officers.
69 Vote to accept or reject proposed agreement.
(2) Notice and opportunity to cast ballot.
(3) Majority determines question.
(4) Exceptions.
70 Complaint re 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.
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.
76 Compulsory check-off.
(2) Where not in agreement.
(3) Determination re religious objector.
77 Application of closed shop agreement to conscientious objector.
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.
80 Obligation to act fairly, etc.
(2) Deemed fairness provision.
(3) Matters unrelated to agreement
81 Consultation during collective agreement.
(2) Deemed consultation provision.
82 Agreed provisions for settlement of disputes in bargaining.
(2) Provision not to be arbitrated.
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.
87 Dispute re first agreement.
(2) Board to settle agreement.
(3) Time limit for 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.
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 VI
MEDIATION, CONCILIATION BOARDS AND INDUSTRIAL INQUIRY COMMISSIONS
95 Appointment of mediator on joint request.
(2) Appointment of mediator 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) Clerical assistance.
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 Minister may appoint grievance mediator.
(2) Grievance mediator named in collective agreement.
130 Referral of grievance to board.
(2) Referral of employer grievance.
(3) Time for referral.
(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.
(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 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 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.
(2) Guidelines.
(3) Submissions re guidelines.
142 Board powers.
(2) Powers of commissioners.
(3) Certain powers of chairperson or vicechairperson.
(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.