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LABOUR RELATIONS ALERT!

Update to "The Budget Implementation and Tax Statutes Amendment Act"

This is a follow up to articles published earlier this year regarding “The Budget Implementation and Tax Statutes Amendment Act” found at the links below for more details.

Employers: Buckle-Up for Union-Friendly Amendments to The Labour Relations Act – Taylor McCaffrey LLP

Union-Friendly Amendments to The Labour Relations Act – Part 2: Ban on Replacement Workers during a Strike or Lockout – Taylor McCaffrey LLP

Included with other substantive legislative amendments crammed into “BITSA” is Schedule “D” with important union-friendly amendments to The Labour Relations Act. We are providing a brief update, since these amendments have just been passed by the Manitoba Legislative Assembly.

Key Amendments
• automatic certification without a vote based on “more than 50%” membership (replacing secret ballot votes with support levels of at least 40%)
• representation votes on certifications limited to “at least 40% but 50% or fewer” support levels
• a complete ban on the use of replacement workers during a strike or lockout (e.g. hired after notice to bargain, working in a different location or in different bargaining unit, or employed by a contractor)
• repeals current essential services legislation for healthcare, government, child and family services agencies
• expands the definition of essential services to potentially cover any workplace to the extent necessary to
(a) prevent a threat to the health, safety or welfare of residents of Manitoba;
(b) maintain the administration of justice; or
(c) prevent a threat of serious environmental damage.

At the committee stage, the government amended the replacement worker ban to also prohibit bargaining unit employees from performing work during a strike or lockout (crossing a picket line), except for worked deemed to be essential services.

BITSA received Royal Assent November 7, which is also the day it was designated to come into force as law.

This is the new labour relations reality in Manitoba. We will be providing more detailed commentary in the coming weeks on the issues of certification, ban on replacement workers and essential services.

Please contact us if you wish to have a more in-depth discussion in the meantime.

DISCLAIMER: This article is presented for informational purposes only. The views expressed are solely the author(s)’ and should not be attributed to any other party, including Taylor McCaffrey LLP. While care is taken to ensure accuracy, before relying upon the information in this article you should seek and be guided by legal advice based on your specific circumstances. The information in this article does not constitute legal advice or solicitation and does not create a solicitor-client relationship. Any unsolicited information sent to the author(s) cannot be considered to be solicitor-client privileged.

If you would like legal advice, kindly contact the author(s) directly or the firm's Chief Operating Officer at pknapp@tmlawyers.com, or 204.988.0356.