June 15, 2016
Province Announces Proposed Changes to Labour Relations Act That Would Foster Open, Respectful Labour Environment
– – –Bill 7 Would Protect Workers' Rights and Freedoms: Minister Cullen
New legislation being introduced today would amend the Labour Relations Act to make a vote by secret ballot mandatory before a union can be certified as the bargaining agent for a group of employees, Growth, Enterprise and Trade Minister Cliff Cullen announced today.
“Manitoba’s new government is committed to restoring democracy in the workplace by guaranteeing workers the right to a secret ballot vote before a union is certified,” said Cullen. “Reinstating secret ballot votes would bring Manitoba in line with the majority of Canadian provinces, and ensure the rights and freedoms of workers are protected.”
Under current legislation, when the Manitoba Labour Board receives an application for the certification of a new union, the board is required to do one of three things:
• automatically certify the union as the bargaining agent for employees in a unit if the board is satisfied that 65 per cent or more of the employees in the unit wish to have the union represent them;
• conduct a vote among the employees in the unit if the board is satisfied that at least 40 per cent, but fewer than 65 per cent, in the unit wish to have the union represent them; or
• dismiss the application if the board is satisfied that fewer than 40 per cent of the employees in the unit wish to have the union represent them.
Proposed changes would eliminate the option for the Labour Relations Board to automatically certify a union that has 65 per cent employee support and require all applications that have 40 per cent employee support to be approved by a secret ballot vote.
“Secret ballots are recognized as a fair, accurate and democratic way for any group of individuals to make a decision,” said Cullen. “The proposed legislation will enhance the legitimacy of all new union certifications by allowing all potential union members to exercise their democratic right to vote, and ensure that workers have the opportunity to participate fairly in the union certification process without fear of bullying or intimidation.”
Cullen also noted recent surveys have shown that mandatory secret ballot votes are supported by a majority of Manitobans.
Consultations with the Labour Management Review Committee, a key advisory body on labour legislation, were undertaken on the proposed changes.
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