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The Health Sector Bargaining Unit Review Act (Bill 29, June)

 The purpose of this Act is to reduce the number of bargaining units in the health sector by establishing a fixed number of seven (7) bargaining units for each of the regional health authorities.  The seven agreements would be for nurses, physicians, medical residents, physician’s assistants, professional/technical/paramedic, facility support and community support, and are specific to each Regional Health Authority.

The bargaining agent for each legislated bargaining unit will be selected through a representation vote of the employees in that new unit.  The selected bargaining agent’s existing collective agreement that covers the most employees will become the basis for negotiating a new collective agreement for the newly legislated bargaining unit. A Commissioner appointed by Government will oversee the process, which will affect all the health regions, as well as the province-wide health employers, such as CancerCare Manitoba, Diagnostic Services Manitoba Inc., and any others that may be added by Regulation. The Commissioner must determine the bargaining agent for each “health region” and for each “province-wide health employer”, by selecting from the unions that represent employees in the unit on the date this Act comes into effect. If there are multiple bargaining agents, the Commissioner must conduct a secret ballot vote and determine rules and eligibility for employees to vote

 An employer’s organization will be created for each health region and for each province-wide health employer for the sole purpose of collective bargaining.  In addition, the Minister will appoint one or more representatives to bargain on behalf of the employer organizations, and on behalf of the province-wide health employers.
 

Manitoba Restrictions on scope of bargaining June 2017

The Public Services Sustainability Act (Bill 28, June)

This Act restricts collective bargaining by imposing a two-year wage freeze on all new public sector collective agreements covering 120,000 public employees in Manitoba. It establishes a floating four-year period for unionized employees, which begins or began, on the expiry of the existing term of a collective agreement or arbitral decision in place as of March 20, 2017. The statutory compensation framework imposed during the applicable period includes: a two-year wage freeze; a maximum increase of 0.75% to the rate of pay in year three; and a maximum increase of 1.0% to the rate of pay in year four. In addition to general salary increases, any other monetary benefits (e.g. premiums, bonuses, allowances etc.) cannot be increased at the bargaining table.

Manitoba Suspension of bargaining rights June 2017

An Act to ensure the resumption of work in the construction industry and the settlement of disputes for the renewal of the collective agreements (Bill 142, May)

The legislation outlawed a six-day old strike by 175,000 construction workers. It stipulated that the collective agreements covering all three sectors of the construction industry—residential construction; civil engineering and roads; and institutional, commercial and industrial—last for four years, ending April 30, 2021.  The legislation granted construction workers a wage increase of 1.8 percent pending the finalization of their new contracts.  It also triggered an immediate five-month mediation period to allow unions and construction companies to hammer out a new collective agreement, after which they will be required to enter into arbitration.

Quebec Back to work - dispute sent to arbitration May 2017

Teachers’ Professional Agreement and Classroom Improvement Act (Bill 75, February)

After, the Nova Scotia Teachers' Union rejected three tentative agreements, the government enacted Bill 75, which legislates teachers' salaries in accordance with the guidelines which the government had established for the public service under its Bill 148: a two year wage freeze, followed by a 1% increase in year three, a 1.5% increase at the start of year four and an extra 0.5% increase on the last day of the contract. Billalso retroactively ended the accrual of long service awards for those members who have them effective July 1, 2015, and these awards will be paid at 2015 wage rates.

Nova Scotia Suspension of bargaining rights February 2017

Labour Relations Amendment Act (Bill 7, November)

Bill 7 eliminated the card check system of allowing automatic union certification when a super-majority - 65 percent - of employees sign union cards. Instead of a card check system, Bill 7 requires a 'secret ballot' vote for all certification applications, even those where 100 percent of employees signed cards. The impact of the legislation gives employers more time and opportunity to intimidate workers and threaten their job security when organizing to form a union.

Manitoba Restrictions on certification November 2016

Public Service Sustainability Act (Bill 148, December)

Bill 148 imposes a four-year wage package on Nova Scotia's 75,000 public service employee.

Once proclaimed, the legislation will impose a wage pattern of three per cent over a four-year agreement, if any union signals that they would like to challenge the government’s fiscal envelope through arbitration or strike.

The Bill will also ends the accrual of long service awards for those members who have them effective April 1st, 2015, and these awards will be paid at 2014 wage rates and will not be offered to those members hired after April 1st, 2015.

Nova Scotia Suspension of bargaining rights December 2015

Act to Amend the Income Tax Act (labour organizations) (Bill C-377, June)

Bill C-377 forces unions to provide an incredibly onerous level of detailed financial disclosure about their work on behalf of their members. It will require all unions and each of their locals to disclose detailed financial information, such as salaries, supplier contracts, loans, accounts receivables, investments, and spending on organizing, collective bargaining, education, lobbying and all political activities. All this information will be made public on a federal government website. Failure to comply would result in a $1,000/day fine for every day not in compliance.

NOTE: in December 2015, the new federal Liberal government took its first step towards repealing a controversial law by waiving the requirement that unions begin January 2016 publicly disclosing their expenditures to the Canada Revenue Agency.

Federal Government Restrictions on scope of bargaining June 2015

Protecting the School Year Act (Bill 103, May)

The legislation is back-to-work legislation to end strikes at three school boards – the Durham District School Board, the Peel District School Board and the Rainbow District School Board.   It prohibits any strikes or lockouts at the three School Boards in respect of Ontario Secondary School Teachers’ Federation (OSSTF) central bargaining issues for the duration of the 2014-2015 school year.

With respect to the resolution of the remaining outstanding local issues, Bill 103 establishes a restrictive binding three-person mediation-arbitration process, which will apply separately to each of the three School Boards and their respective local bargaining agents. 

  • The restrictive criteria to be applied by the mediation-arbitration panel established by the Act are as follows:
  • The school board’s ability to pay in light of its fiscal situation.
  • The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased.
  • The economic situation in Ontario.
  • A comparison of employees’ terms and conditions of employment and the nature of the work performed, with comparable employees in the public and private sectors.
  • The school board's ability to attract and retain qualified employees.

Ontario Back to work - dispute sent to arbitration May 2015

Universities Accountability and Sustainability Act (Bill100, October)

The legislation allows universities that face severe financial difficulties to implement revitalization plans that suspend collective agreements and ban strikes for up to 18 months.

Nova Scotia Suspension of bargaining rights May 2015

Employees' Voting Rights Act (Bill C-525, December)

This Act amends the Canada Labour Code, the Public Service Labour Relations Act and the Parliamentary Employment and Staff Relations Act, making it tougher to for workers to join a union under federal jurisdiction and easier to decertify one. The Act removes automatic certification when the majority of workers sign union cards. A certification vote can only take place when 40 percent of the workers sign union cards. It also mandates certification votes in all union drives regardless of whether a majority or even a 100 percent of the workers sign union cards. It also mandates a decertification vote when a member of a bargaining unit claims to represent 40 percent of the bargaining unit members wishing to decertify from the union.

 

Federal Government Restrictions on certification December 2014

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