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Sunday, November 24, 2024

Canada: Manitoba Amends its Labour Relations Act and Employment Standards Code - JD Supra

  • Manitoba has amended its Labour Relations Act (LRA) and Employment Standards Code (ESC). These amendments came into force on November 8, 2024.
  • The amendments to the LRA address union certification, the use of replacement workers, and continuation of essential services during a lockout or strike.
  • The amendments to the ESC extend the length of leave for serious injury or illness from 17 weeks to 27 weeks.

On November 8, 2024, Manitoba’s Bill 37, The Budget Implementation and Tax Statutes Amendment Act, 2024 and Bill 9, The Employment Standards Code Amendment Act, received Royal Assent and came into force. Bills 37 and 9 amend Manitoba’s Labour Relations Act (LRA) and The Employment Standards Code (ESC), respectively.

Amendments to the LRA

Certification

Automatic certification with support of more than 50% of employees in unit

The Manitoba Labour Board (Board) must automatically certify a union, without a vote, when an application for certification establishes that more than 50% of the employees in the unit wish to have the union represent them as their bargaining agent.

Secret ballot vote with support of between 40% to 50% of employees in unit

The Board must conduct a vote by secret ballot of the employees in the proposed unit when between 40% to 50% of the employees in the unit wish to have the union represent them as their bargaining agent.

Dismissal of application with support of fewer than 40% of employees in unit

The Board must dismiss an application for...



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