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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 |
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| 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 |
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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) | 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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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. | |
| (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. | |