MANITOBA The Labour Relations Act, RSM 1987, c L10
Certification/De-certification Certification

Unions seeking to be certified as the bargaining agent for employees in a proposed unit must apply to the board for certification 34(1)

Where a union applies for certification, the board must be satisfied that the proposed unit in respect of which the application is made is appropriate for collective bargaining 39(1)

In determining whether a unit is appropriate for collective bargaining, the board may include, exclude or create new units of employees as it sees fit 39(2)

The board may certify a union where it is satisfied that the employees were not subject to intimidation, fraud, threat or coercion, and: (i) that 65% or more of the employees wish to have the union represent them, (ii) at least 40% but fewer than 65% of the employees wish to have the union represent them, in which case a vote will be held, or (iii) in the event that fewer than 40% of the employees wish to have the union represent them, it shall dismiss the application 40(1)

The board may, where it has deemed that an employer has engaged in unfair labour practices, certify a union notwithstanding the previous section 41

Where a union is deemed to be unduly influenced or controlled by an employer, a collective agreement with be deemed void 43

Where the board deems that a union applying for certification had engaged in intimidation, fraud or coercion to compel or induce a person to become a member of the union, the board may dismiss the application or order a vote 45(4)

De-certification

Where a union has been certified, but the board becomes convinced, upon application, that certification was due to a fraud, certification can be cancelled 52
Collective Bargaining Rules Where no collective agreement is in force, a union may, by notice, require an employer to enter into collective bargaining in the aim of coming to a collective agreement 60

Notice to collectively bargain may only be giving between 90-30 days before the expiry of a collective agreement 61(1)

Where notice is given, the parties must, within 10 days after notice is given, meet and commence to bargain collectively in good faith and make every reasonable effort to conclude a renewal or revision of the collective agreement 62

Where a union has, as a result of a collective bargaining, reached an agreement, the union shall, within 30 days, hold a secret ballot vote of all the employees in the unit to determine whether the agreement is to be accepted or rejected 69(1)

Where the vote accepts the proposed agreement, the collective agreement becomes binding 72(1)

Any collective agreement may be subject to public inspection within 14 days of being submitted to the board 73(1)
Dispute Resolution in Collective Agreements Every collective agreement shall contain a provision for final settlement without stoppage of work by arbitration or otherwise 78(1)

Where a collective agreement does not contain such a provision, it shall be deemed to contain that stipulated by section 78(2) 78(2)

Every party to and bound by a collective agreement shall comply with the final settlement provision

Where parties agreement to an arbitration or final resolution provision, that provision may apply to the parties before or after the termination of a collective agreement 82(1)

Where it is a first collective agreement, either party may apply to the board to settle the provisions with respect thereto 87(1) and parties may agree to proceed by way of arbitration 87(2)

In such a case, the arbitrator is to settle the provisions of the first collective agreement within 60 days 87(2.1)

The board may determine, on application, whether either party has complied with the requirement for good faith bargaining 87.1(3)
Conciliation A conciliation office may be appointed in the context of a collective bargaining any time where: (a) notice of collective bargaining has been given and not been commenced within 10 days, or where (b) collective bargaining has commenced and either party requests the minister to appoint such an officer or (c) the minister deems it necessary 67(1)

Conciliation office shall confer with the parties and shall endeavour to bring about a collective agreement between them in relation to all matters referred 67(2)

Where an officer has been appointed, conciliation meetings between the parties are to be held 67(3)

Within 30 days of appointment, the officer shall make a report to the minister setting out both the matters of disagreement and any recommendations

Mediator may be appointed at join request 95(1) or at the minister's discretion or initiative 95(1.1)-(2)

Where a conciliation officer fails to bring about an agreement, a conciliation board may be appointed 97(1)
Strike / Lock-out Procedures Every employer or union who engages in an illegal lockout or strike is guilty of an offence and subject to a fine of not more than $1,000 for each day that the illegal action goes on 88(1)-(3)

Where a union has been certified and no collective agreement has been concluded, no strike or lockout may be held for a period of 90 days after the union has been certified 89(1)

Unions shall not authorize a strike while a collective agreement is in force 89(2)

No strikes until a strike vote has been held 93(1)

Strike votes shall be held by secret ballot 93(4)
Unfair Labour Practices Interference with a union, its function or its formation is an unfair labour practice 6(1)

Discrimination in hiring for reason that a person is connected to a union, a proceeding, or is exercising any right under the Act, is an unfair labour practice (7)

Discrimination within unions for reason that any person has testified as part of a proceeding or been involved thereof is an unfair labour practice 8

Any discrimination by an employer toward an employee during the organizational period of a union is an unfair labour practice 9

Employers who endeavour to change an employee's terms or conditions of employment during an application for certification is engaged in an unfair labour practice 10(1)

Hiring of replacement workers for any employee is on strike or locked out is an unfair labour practice 11

Employees to be reinstated following a permitted strike or lockout 12(1)

Every employer who uses or authorizes the use of a professional strike breaker commits an unfair labour practice 14(1)

Unions who discriminate, suspend, expel or penalize a member because he has refused to engage in a prohibited strike, who requires an employer to terminate an employer because the employee has been expelled for a reason other than a failure to pay union dues or who seeks by intimidation or coercion to compel a person to become or refrain from becoming a union member engages in an unfair labour practice 19

Every party to a collective bargaining who fails to comply with a requirement with respect to a mediation or conciliation commits an unfair labour practice 28(1)
Statutory Tribunal Manitoba Labour Board

Powers:

142(1) Board may:
  • Summon and enforce attendance of witness and compel them to provide evidence
  • Adjourn or postpone proceedings
  • Amend any document filed in connection with a proceeding
  • Add a party at any time
  • Administer oaths and affirmations
  • Enter a workplace to conduct votes
  • Require an employer, employee or any other person to give evidence with respect to employment terms or conditions
  • To enter any premises where work it conducted
  • To require an employer or union to post any notice relating to a proceeding