The Labour Relations Act has been amended to create a new framework for essential services in workplaces covered by a collective agreement.
The Labour Relations Board will host 2 separate virtual information sessions about the ways it can assist parties in coming to agreements and the comprehensive Rules, Forms and Informational Bulletin it has created regarding Essential Services, which are available on their website at: https://www.gov.mb.ca/labour/labbrd/essential_services.html.
Please register for one of the following information sessions by emailing ac.bm1733401582.vog@1733401582BLM1733401582 with your name, email, organization and date you would like to attend. You will receive a TEAMS link the day before the session.
Wednesday, December 11, 2024 from 1:30 p.m. to 3:00 p.m.
or
Tuesday, December 17, 2024 from 12:00 p.m. (noon) to 1:30 p.m.
Employers and bargaining agents are required to determine whether there are essential services that need to be maintained in the event of a strike or lockout 180 days prior to the end of their collective agreement (6 months prior).
If essential services need to be maintained, the employer and bargaining agent must negotiate an essential services agreement (ESA) 90 days prior to the expiry of their collective agreement. The ESA must set out the manner and extent to which the employer, the bargaining agent and the employees in the unit must continue the supply of services, operation of facilities or production of goods, including the number of those employees that, in the opinion of the employer and the bargaining agent, would be required maintain essential services.
Both the initial determination and the ESAs must be filed with the Board before a legal strike or lockout may occur.
If the parties are unable to agree whether or not essential services need to be maintained during a strike or lockout, or if they can not agree on an ESA in the legislated time frame, they may file an application with the Board for a determination.
Parties are encouraged to contact the Manitoba Labour Board if they have any questions about the process.