Manitoba Labour Board Rules of Procedure

Manitoba Labour Board Rules of Procedure, M.R. 184/87 R The Labour Relations Act , C.C.S.M. c. L10 Regulation 184/87 R Registered May 22, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions and application PART I GENERAL 2 Application to commence proceedings 3 Allegation of improper conduct 4 Amendment and withdrawal 5 Request for hearing 6 Board decisions on procedure 7 Information to be filed by union 7.1 Repealed PART II APPLICATIONS FOR CERTIFICATION 8 Application on specified form 9 Filing of employee objections 10 Intervention by union 11 Notice of hearing PART III PROCEDURES FOR OTHER APPLICATIONS 12 Application to cancel certificate 13 Application to terminate bargaining rights 14 Application by religious objector 15 Application for amended certificate 16 Application for a board determination or decision 17 Application for review of board decision 18 Application to settle first agreement 19 Complaint alleging unfair labour practice 19.1-19.2 Repealed 20 Other applications 21 Procedure on applications other than certification etc. 22 Reply to application 23 Referral of grievance to board 24 Application under section 66 of the Act 25 Forms PART IV VOTING PROCEDURES 26 Procedures after board orders a vote PART V RULES OF BOARD PRACTICE 27-29 Rules of board practice 29.1 Timing of hearings re certification 29.2 Timing of decisions 29.3 Timing of hearing regarding request for interim order 29.4 Case management conference 29.5 Settlement conference PART VI ESSENTIAL SERVICES APPLICATIONS 29.6 Definitions 29.7 Application 29.8 Rules governing various applications 29.9 Applications 29.10 Review of application 29.11 Notice of review 29.12 Resubmitting application 29.13 Reply 29.14 Review of reply 29.15 Case management conference 29.16 Conduct of substantial interference applications 29.17 Referral by minister 29.18 Restriction on submissions at hearing 29.19 Decisions 29.20 Settlement 29.21 Adjournments and extensions of time 30 Repeal Schedule Forms A to C Definitions 1(1) In this regulation, "Act" means The Labour Relations Act ; («  Loi  ») "board" means The Manitoba Labour Board continued or established under section 138 of the Act and includes any panel of the board; (« Commission ») "board officer" means a person so appointed pursuant to The Labour Administration Act and assigned to the administrative staff of the board and may include the registrar; (« cadre de la Commission ») "board representative" means a person so designated or appointed by the board and may include the registrar and/or a board officer; (« représentant de la Commission ») "chairperson" means the person so appointed by the Lieutenant Governor in Council under section 138 of the Act; (« président ») "intervenor" means a union representing or claiming to represent any employees for which an application for certification has been made; (« intervenant ») "member" means a person so appointed by the Lieutenant Governor in Council under section 138 of the Act; (« membre ») "objecting employee" means an employee or group of employees who or which has filed, an objection to an application for certification; (« opposant ») "person" includes an employer, partnership, corporation, employers' association and union, but does not, unless the context or any provision of the Act obviously intends otherwise, mean an individual employee within an establishment, plant, bargaining unit or classification; (« personne ») "registrar" means the person so appointed pursuant to The Labour Administration Act and assigned to the administrative staff of the board; (« registraire ») "regulations" means regulations made under the Act; (« règlements ») "vice-chairperson" means a person so appointed by the Lieutenant Governor in Council under section 138 of the Act. (« vice-président ») Application 1(2) This regulation applies in respect of every application made, complaint or request filed or a proceeding commenced before the board on and after April 15, 1985. M.R. 255/88; 57/2015 ; 34/2025 PART I GENERAL Application to commence proceedings 2(1) Except where the board initiates a proceeding, every proceeding before the board shall be commenced by the filing of an application or complaint, as the case may be, on Form A. 2(2) The facts set forth in Form A together with the facts set forth in any documents submitted therewith shall be verified by statutory declaration, which declaration shall be on Form A. Making of declaration 2(3) Where a statutory declaration is required to be made under the regulations, the declaration shall be made (a) in the case of an individual, by such individual; (b) in the case of a partnership, by any member of the partnership; or (c) in the case of a corporation or union, by a responsible officer or official thereof or by any other authorized person. Copies to be filed 2(4) Every application, complaint, reply, intervention, request, referral, statutory declaration or any other document filed with the board in the course of any proceeding shall be filed in triplicate. Serving documents electronically 2(5) Any notice, order or other document required to be given or served by the board under the Act or these Rules may be given or served by delivering it by electronic means, including but not limited to e-mail, if the recipient has agreed that documents may be given or served in this manner. M.R. 57/2015 Allegation of improper conduct 3(1) Where a person intends to allege, at a hearing of a complaint or an application, improper or irregular conduct by any other person, the person intending to make the allegation shall, as the case may be, include in the application or complaint, or file a notice of intention that shall contain, a concise statement of the material facts, actions or omissions upon which the person intends to rely as constituting such improper or irregular conduct. Information in statement 3(2) The concise statement referred to in subsection (1) shall (a) specify the time when and the place where the actions or omissions complained of occurred and the name of the person or names of the persons who allegedly engaged in or committed them but not the evidence by which the material facts, omissions or actions are to be proven; and (b) where the person alleges that the improper or irregular conduct constituted a violation of the Act, specify the provision or provisions of the Act that has been or is being contravened or violated. Where filing not prompt 3(3) Where, in the opinion of the board, a person has not filed a notice of intention promptly upon discovering or becoming aware of the alleged improper or irregular conduct, the person shall not adduce evidence at the hearing of the application of such facts except with the consent of the board; and, if the board deems it advisable to give such consent, the board may do so upon such terms and conditions as it considers advisable. Notice of intention to be verified 3(4) A notice of intention filed in accordance with this section shall be verified by statutory declaration. Insufficient application 3(5) Upon receiving an application, the board shall consider whether it complies with the Act and these Rules and contains enough specific information to inform the board and affected persons as to its substance. If an application is insufficient, the board may do one or more of the following: (a) direct the applicant to comply with the Act and these Rules before the proceeding can be commenced; (b) direct the applicant to provide further facts or details of the relief sought; (c) set time limits within which a direction given under clause (a) or (b) must be complied with; (d) reject the application. M.R. 57/2015 Amendment and withdrawal 4(1) Any application, complaint, reply, request, referral, notice of intervention, or notice of objection may be amended or withdrawn at any time by leave of the board, which may impose terms thereon. Technical irregularity 4(2) No proceeding before the board shall be defeated or be deemed invalid by reason of any defect in form or any technical irregularity and all necessary amendments to correct any such defect in form or technical irregularity shall be made upon such terms as the board may direct. Enlargement of time period by parties 4(3) Subject to the approval of the board, any time period prescribed by the regulations may be enlarged by the consent, in writing, of the affected parties filed with the board. Enlargement of time period by chairperson, etc. 4(4) Except in the circumstances dealt with in sections 29.1 to 29.3, the chairperson, vice-chairperson or the board may enlarge the time period prescribed by the regulations for doing any act, filing any document or taking any proceeding before the board. Computation of time period 4(5) Where a period of time prescribed by the regulations is expressed as a number of days, the period shall be computed as the number of days expressed exclusive of (a) holidays; and (b) non-working days; during which the offices of the board are not open to accept documents that may be or are required to be filed. M.R. 57/2015 Request for hearing 5(1) Any party may request a hearing before the board by filing a request therefor in writing, stating the circumstances that, in the opinion of the party, warrants the holding of a hearing. Holding of hearings 5(2) The board shall hold such hearings as are required under the Act and may hold such other hearings as the board deems advisable. Evidence and submissions 5(3) Subject to the Act and the regulations, in any proceeding before the board, the board shall afford an opportunity to all interested parties to (a) present oral evidence or make oral representations; or (b) make written submissions; or (c) do both of the things mentioned in clauses (a) and (b); on the matters at issue, as the board deems advisable in the circumstances. Representation in writing 5(4) Subject to the Act, where the board holds a hearing, it may hold such a hearing by providing the parties with an opportunity to present their evidence in writing and make their representations in writing. Disposition without hearing 5(5) Subject to the Act and the regulations, in any proceeding before the board relating to an application, complaint, request or referral, the board may dispose of the application, complaint, request or referral without the holding of a hearing. Acceptance of evidence 5(6) The board may receive and accept such evidence and information on oath, affidavit or otherwise as in its discretion the board sees fit, whether admissible in evidence in a court of law or not. Failure to file reply or attend hearing 5(7) Where any person served with a notice fails to file a reply or attend a hearing pursuant to such notice or to the regulations, the person shall not be entitled to any further notice of or participation in the proceedings but the board may nevertheless in its discretion receive submissions and hear representations and evidence from such person and may impose terms in relation thereto. Failure to notify party 5(8) Where, in any proceeding or hearing, it appears that any person to whom notice should have been given has not been given such notice, the board may adjourn the proceedings or hearing in order that notice may be given to that person. Evidence to be limited 5(9) Except by consent of the board, evidence and argument before the board shall be limited to matters specifically raised in the application. Enlargement of hearing 5(10) Where the board consents to the enlargement of a hearing for the purpose of hearing additional matters, the board may (a) impose terms and may direct that the other party or parties thereby affected shall have an opportunity to contest the hearing of such additional matters; and (b) fix a date for the hearing of evidence or argument, or both, upon such additional matters. Witness to be sworn 5(11) Before a witness commences to give evidence in any proceeding, any party to the proceeding may require that the witness be sworn. Persons to be available 5(12) Any person or persons making a statutory declaration in support of any application, objection, intervention or reply shall (a) be available to be called as a witness at the hearing of the matter at issue; and (b) be subject to examination and cross-examination. Adjournment by board, etc. 5(13) The board, chairperson or vice-chairperson may postpone or adjourn the hearing of any matter for such time and to such place and upon such terms as the board, chairperson or vice-chairperson may deem fit. Deemed withdrawal 5(13.1) When all parties to a proceeding have agreed to adjourn it without specifying a date for it to resume, the proceeding is deemed to be withdrawn six months after the day of the adjournment unless, during that time, a party requests the board to schedule the matter for a hearing or the board orders otherwise. Notice of hearing 5(14) Subject to subsection (15), where a hearing is required of an application (complaint, request or referral) other than an application for certification, the registrar or a board officer shall serve upon all parties a notice of hearing on a form specified by the board fixing the time, date and place of the hearing and the service of such notice shall be made giving not less than 5 days notice prior to the hearing. Shorter notice in exceptional circumstances 5(15) The board may give shorter notice than is provided for in subsection (14) if the board is satisfied that exceptional circumstances exist. M.R. 18/97; 21/97; 57/2015 Board decisions on procedure 6(1) Where in the course of any proceeding before the board it becomes expedient for the board to make a decision relating to procedure, the board registrar or a board officer may ascertain the opinion of members of the board in a manner the board considers appropriate and the opinion of a majority of the members of the board as ascertained in that manner shall be a valid decision of the board upon the matter. Board decisions by poll 6(2) Where all relevant material has been filed and submissions made upon an application, the chairperson or vice-chairperson may direct the board registrar to ascertain from members of the board in a manner the board considers appropriate whether all members are prepared to make a decision; and, if all members of the board are so prepared, they may record their decision with the registrar or a board officer and in such case the decision of a majority of the members of the board shall be a valid decision of the board. Board decision as to status 6(3) Where in any proceeding before the board a question arises as to whether a party is an interested party in the proceeding, the board shall decide the question and its decision thereon shall be final and conclusive. M.R. 57/2015 Information to be filed by union 7(1) Upon or prior to the filing of its first application or intervention with the board, every union shall file with the board (a) a statement showing whether the union is an international, national or provincial organization, together with a copy of its constitution and general by-laws; (b) if the union is an organization that is a local branch of an international, national or provincial organization, a statement showing the name and address of the parent organization, together with a copy of the local branch charter and the local branch general by-laws; (c) if the union is an organization that is an association of employees, other than that described in clause (a) or (b), a copy of the minutes of its originating meeting together with a copy of its constitution and by-laws; and (d) in all cases, a list, on prescribed Form B, of the names and addresses of the principal office holders and the offices held by each of those office holders. Information binding until amended 7(2) The information filed with the board under subsection (1) and the particulars therein are binding on the union until such time as the union files with the board amending information recording changes in relation to that information and those particulars. No application without information 7(3) No application or intervention purporting to be made by a union shall be filed until the union has been actually organized by the holding of all necessary meetings, the adoption of the constitution, the election of officers, and, where the union is a local branch of an international, national or provincial organization, the granting of a charter by the parent organization: Provided that if the parent organization has received an application for a charter from a local branch and has in writing notified the officers of the local branch that a charter has been granted, such written notification may be filed with the board pending the receipt of the actual charter, but no certification shall be issued until a copy of the charter is filed. Information to be certified 7(4) The correctness of every document filed with the board under this section shall be certified by the secretary of the union or other authorized person of the union filing the document. 7.1 [Repealed] M.R. 18/97; 57/2015 PART II APPLICATIONS FOR CERTIFICATION Application on specified form 8(1) An application for certification as the bargaining agent for employees in a proposed unit appropriate for collective bargaining shall be made on a form specified by the board. Supporting material 8(2) At the time of filing of an application for certification, the applicant union shall file with the board (a) a list marked "L" showing, in alphabetical order, the name, address and classification of each affected employee whom, in the opinion of the union, wishes to have the union represent him or her as his or her bargaining agent; and (b) documentary proof as to the wishes of each of the affected employees mentioned in clause (a). Material to be certified 8(3) Supporting material filed under subsection (2) shall be duly certified by the secretary of the applicant union or other authorized person. Material not open to inspection 8(4) Except as may otherwise be provided in the Act, material filed under subsections (1) and (2), union records, and minutes of meetings filed by a union shall not be open to inspection by any other party to the proceedings. Board to notify affected parties 8(5) Where an application or cross-application for certification as bargaining agent for employees in a unit has been filed by a union, the registrar or a board officer shall serve (a) upon the employer, a notice thereof on a form specified by the board; (b) to the employees, a notice thereof on a form specified by the board in the manner as set out in subsections (6) and (7) or in any other manner as the board may specifically order or direct; (c) upon any other person mentioned in the application or cross-application as being interested therein or directly affected thereby, a notice thereof on a form specified by the board. Posting of notice by officer 8(6) The registrar or a board officer shall post, or cause to be posted, one or more copies of the notice to employees mentioned in clause (5)⁠(b) on any premises where any of the affected employees have access to the notice and the registrar or a board officer may enter upon any of the employer's premises to effect such a posting or postings. Posting of notice by employer 8(7) Notwithstanding subsection (6), the registrar or a board officer may provide the employer with one or more copies of the notice to employees mentioned in clause (5)⁠(b) and upon being provided with such copy or copies the employer shall forthwith (a) post such notices in conspicuous places where they are most likely to come to the attention of all the affected employees; and (b) report in writing to the registrar as to the date and time at which, and the places in which such postings have been made. Employer responsibility 8(8) Where notices are posted on premises of the employer in compliance with subsections (6) or (7), the employer shall (a) be responsible for ensuring that the notices are not moved, removed, mutilated, covered up or destroyed; and (b) report forthright to the registrar any interference with such notices during the period specified in the notice. Employer's return 8(9) Every employer served with a notice of filing of an application for certification under subsection (5) shall,within two days after the date of such service, file with the board (a) 3 completed copies of the Employer's Return on Form C which shall be duly verified by statutory declaration; (b) 3 copies of a complete nominal roll, in alphabetical order, of the employees in the proposed bargaining unit as described in the notice of filing showing the full name, address and classification of each employee; and (c) 3 copies of a list of employee classifications specifying the number of employees in each such classification. Inspection of nominal roll 8(10) The nominal roll filed by the employer in compliance with clause (9)⁠(b) shall not be open to inspection by any party to the proceedings except where a dispute arises as to a specific classification or classifications referred to in clause 9(c), in which case, the board, in its discretion, may release to the applicant union the names of the employees in the disputed classification or classifications. Exclusions from unit 8(11) Where the employer claims that any employees in the proposed bargaining unit in respect of which an application for certification has been filed with the board should be excluded from the bargaining unit, the employer shall, at the time of filing of the nominal roll, file a separate list, in triplicate, showing in alphabetical order, the name, address and classification of each employee so claimed and stating the reasons for each such claim. Claim of inappropriate unit 8(12) Where an employer claims that the proposed bargaining unit described in the notice of filing is inappropriate for collective bargaining or is wrongly defined, the employer shall, within two days after the service of such notice, file with the board a list of classifications, showing the name of each employee in each such classification, that the employer claims should be added to or subtracted from the described bargaining unit, together with 3 copies of a nominal roll showing, in alphabetical order, the names and addresses of the employees in those classifications. Copy of lists to union 8(13) The registrar or a board officer shall serve on the applicant union a copy of each list filed with the board pursuant to clause (9)⁠(c) and subsection (11) and (12) but the nominal roll referred to in subsection (12) shall not be so served. Subsequent application 8(14) Subject to subsection (15) and (16), where an application for certification has been refused by the board, no further application for certification by the same applicant in respect of the same unit of employees or part thereof or in respect of any unit containing the same employees together with other employees, shall be made until (a) a period of at least 6 months; or (b) such lesser period of time as may be specified by the board; has elapsed following the date of the board's decision, whichever first occurs. Exception by special leave 8(15) Subsection (14) does not apply where special leave to apply has been given by the board in circumstances where the board is satisfied that the prior application was rejected or refused on account of a technical error or omission in connection therewith. Further exception 8(16) Upon application therefor, the board may permit a union whose application for certification has been refused by the board within the preceding 6 months, to appear as an intervenor or cross-applicant in an application made by another applicant union and affecting some or all of the same employees. M.R. 18/97 Filing of employee objections 9(1) Where, in accordance with the Act or the regulations, an objection to an application for certification by an employee or group of employees is permitted, the employee or group of employees who object to such an application, shall, within two days after the day of the posting of the notice to employees on a form specified by the board, file with the board a written statement setting the reasons for such objection and such statement shall be duly verified by statutory declaration. Copies to parties 9(2) Upon receipt by the board of employee objections pursuant to subsection (1), the registrar or a board officer shall serve a copy of any such objections on the applicant union, the employer and any other interested party. M.R. 18/97; 17/2002 Intervention by union 10(1) Any union representing, or claiming to represent, any of the employees affected by an application for certification may, within two days after the day of service of the notice to an interested party on a form specified by the board, file with the board three copies of a notice of intervention on a form specified by the board setting out the grounds upon which and the extent to which such union claims to be interested in the proceedings and such notice of intervention shall be verified by statutory declaration. Cross-application by union 10(2) Where an intervening union claims to be entitled to be recognized as bargaining agent, it may, together with the notice of intervention, file a cross-application for certification, supported by the documents mentioned in section 2 and subsections 8(1) and 8(2). Copies to be served 10(3) Upon receipt of a notice of intervention, the registrar or a board officer shall serve copies thereof on the applicant, employer and any other interested party and where a cross-application is filed together with the notice of intervention, such cross-application shall be processed as described in subsections 8(5), 8(6) and 8(7), with a copy of the notice to interested parties on a form specified by the board being served on the original applicant. M.R. 18/97 Notice of hearing 11(1) Subject to subsection (1.1), where a hearing is to be held by the board in respect of an application for certification, the registrar or a board officer shall issue and serve upon all parties a notice of hearing on a form or forms specified by the board fixing the time, date and place of the hearing and the service of such notice shall be made giving not less than 5 days notice prior to the date of hearing. Shorter notice in exceptional circumstances 11(1.1) The board may give shorter notice than is provided for in subsection (1) if the board is satisfied that exceptional circumstances exist. Posting of notice to objecting employees 11(2) Where a large number of objecting employees are a party to an application for certification or where the registrar or a board officer deems it expedient, the notice of hearing required to be given under subsection (1) may be served by posting the notice on the employer's premises where it is readily accessible to all objecting employees who may have filed objections. M.R. 18/97 PART III PROCEDURES FOR OTHER APPLICATIONS Application to cancel certificate 12(1) An application to cancel the certification of a bargaining agent shall be made on a form specified by the board. Supporting material 12(2) The applicant shall file with the application 3 copies of a list, in alphabetical order, showing the name and address of each employee in the bargaining unit who supports the application, together with corroborative documentary proof of such support. Nominal roll from employer 12(3) Where an employer is served with a notice of a filing of an application to cancel the certification of a bargaining agent, the employer shall, within two days after the date of such service, file with the board 3 copies of a complete nominal roll, in alphabetical order, of the employees in the bargaining unit as described in the notice of filing, showing the full name, address and job classification of each employee. M.R. 18/97 Application to terminate bargaining rights 13(1) An application to terminate the bargaining rights of bargaining agent shall be made on a form specified by the board. Supporting material 13(2) The applicant shall file with the application 3 copies of a list, in alphabetical order, showing the name and address of each employee in the bargaining unit affected by the collective agreement who supports the application, together with corroborative documentary proof of such support. Nominal roll from employer 13(3) Where an employer is served with a notice of a filing of an application to terminate the bargaining rights of a bargaining agent, the employer shall, within two days after the date of such service, file with the board 3 copies of a complete nominal roll, in alphabetical order, of the employees in the bargaining unit as described in the notice of filing, showing the full name, address and job classification of each employee. M.R. 18/97 Application by religious objector 14(1) An application by an employee to the board under section 76(3) or 77 of the Act for a determination that (a) the employee is a member of a religious group which has as one of its articles of faith the belief that members of the group are precluded from being members of, and financially supporting, any union or professional association; and (b) the employee has a personal belief in those articles of faith; shall be made on a form specified by the board. Supporting material 14(2) An applicant for a determination under this section shall file with the application 3 copies of the articles of faith referred to subsection (1). M.R. 255/88; 18/97 Application for amended certificate 15(1) An application for an amendment to an existing certificate shall be made on a form specified by the board. Concurrence to be filed 15(2) Where the parties are in agreement as to an amendment to an existing certificate, the signed concurrence of the party other than the applicant shall be submitted with the application. M.R. 18/97 Application for a board determination or decision 16 Where an application for a board determination or decision is made pursuant to subsection 142(5) of the Act, the applicant, in addition to the material required to be filed under section 2, shall (a) specify the clause of subsection 142(5) of the Act in respect of which the ruling or decision is requested; (b) file a concise statement as to the status of the parties, the ruling requested and the steps taken by the parties to attempt to resolve the matter between them; and (c) where the ruling requested pertains to a collective agreement or any provision thereof, file a copy of the collective agreement in triplicate. M.R. 255/88 Application for review of board decision 17(1) Where an application is made to the board under subsection 143(3) of the Act, to review, rescind, amend, alter or vary any decision, order, direction, declaration or ruling made by it, the applicant, in addition to the material required to be filed under section 2, shall (a) file a concise statement of any new evidence with such evidence being verified by statutory declaration; (b) file a statement explaining when and how the new evidence became available and the applicant's reasons for believing that the new evidence so changes the situation as to call for a different decision, order, direction, declaration or ruling; and (c) in the absence of any new evidence, file a concise statement showing cause why the board should review or reconsider the original decision, order, direction, declaration or ruling. Time limit for review 17(2) Except by leave of the board, no application under subsection 143(3) of the Act for a review of any decision, order, direction, declaration or ruling made by the board shall be reviewed by the board after more than 10 days have elapsed following the date of the making of the decision, order, direction, declaration or ruling. M.R. 255/88 Application to settle first agreement 18(1) An application by a bargaining agent or an employer to the board, under section 87 of the Act, to settle the provisions of a first collective agreement between the parties shall be made on a form specified by the board. Notice to other party 18(2) Upon receipt of an application under subsection (1), the registrar or a board officer shall forthwith notify the other party that the application has been made. Submissions by applicant 18(3) Within 14 days after filing an application under subsection (1), the party that is the applicant shall file with the board and submit to the other party (a) a statement setting out the provisions, if any, of a first collective agreement agreed upon in writing by the parties; and (b) any relevant or pertinent documentation that the board may take into consideration in accordance with subsection 87(6) of the Act. Submissions by other party 18(4) Within 14 days after receiving a notice under subsection (2), the party receiving such notice shall file with the board and submit to the party that is the applicant (a) a statement setting out the provisions, if any, of a first collective agreement agreed upon in writing by the parties; and (b) any relevant or pertinent documentation that the board may take into consideration in accordance with subsection 87(6) of the Act. Reply by applicant 18(5) Within 7 days after receiving a statement or documentation from the other party in accordance with subsection (4), the party that is the applicant shall file with the board and submit to the other party to the dispute any reply that the applicant deems pertinent. Reply by other party 18(6) Within 7 days after receiving a statement or documentation from the party that is the applicant in accordance with subsection (3), the other party shall file with the board and submit to the party that is the applicant in the dispute any reply that the other party deems pertinent. M.R. 255/88; 18/97 Complaint alleging unfair labour practice 19(1) A complaint, under section 30 of the Act, alleging the commission of an unfair labour practice shall be made on a form specified by the board. Complaint by non-concerned person 19(2) A complaint alleging the commission of an unfair labour practice may be made by a person other than the person concerned. Powers of board representative 19(3) Where the board refers a complaint to a representative of the board under clause 30(3)⁠(a) of the Act, the representative shall have such powers as may be authorized by the board under subsection 142(4) of the Act. Decision or hearing 19(4) Where, following a complaint alleging the commission of an unfair labour practice, the time allowed for the filing of replies has expired, the board may, whether or not any reply has been filed, decide upon the matter or hold a hearing. M.R. 255/88; 18/97 19.1 and 19.2 [Repealed] M.R. 18/97; 57/2015 Other applications 20 Any other applications to the board not heretofore specified shall, in addition to the information required under section 2, (a) set out (i) a reference to the section or specific provision of the Act under which the application is made; (ii) a concise statement of the purpose of the application, including, where applicable, a statement setting forth the remedy or ruling applied for, and; (iii) the particulars of the facts and circumstances in support of the application; and (b) where the application pertains to a collective agreement or any provision thereof, be accompanied by a copy of the said collective agreement. Procedure on applications other than certification etc. 21(1) Subject to subsection (2), where an application is filed with the board, the registrar or a board officer shall (a) issue a notice of filing on a form specified by the board; and (b) serve upon the person against whom relief is being sought or on any person affected by or named in the application, the notice referred to in clause (a) together with a copy of the application and a copy of the supporting material filed with the application. Non application 21(2) Subsection (1) does not apply to: (a) an application for certification; (b) an application to settle the provisions of a first collective agreement; (c) an application under subsection 21(2) of the Act; (d) a referral to the board under section 130 of the Act; (e) [repealed] M.R. 57/2015 . Application under s. 21 of the Act 21(3) Where an application is filed under subsection 21(2) of the Act, a permit shall be issued signed by the chairperson or vice-chairperson, and the issuance of such permit may be reviewed by the board. M.R. 255/88; 18/97; 57/2015 Reply to application 22(1) Where a person served with a notice referred to in subsection 21(1) wishes to reply to an application, the person shall, within 7 days after the day the person is served, or such shorter period of time as the board may direct, file a reply with the board and such reply shall be verified by statutory declaration. Contents of reply 22(2) A reply referred to in subsection (1) shall contain a concise statement (a) of the material facts upon which the person replying intends to rely; (b) specifically admitting, denying or explaining each of the statements made in the application; and (c) as to whether or not a hearing before the board is requested for the purpose of making oral representations or presenting evidence in respect of the issues raised in the reply. Claim of inaccuracy 22(3) Where it is claimed that any statement made in an application is inaccurate, the reply thereto shall set forth the facts as the person replying alleges those facts to be. Copy to applicant 22(4) Where a reply to an application is filed with the board, the registrar or a board officer shall forthwith serve a copy thereof on the applicant and upon any other person stated to be interested or affected. Response to reply 22(5) When a copy of a reply is served on the applicant under subsection (4), the board may permit the applicant to respond to any facts or information raised in the reply that were not raised in the original application. Any response by the applicant must be given to the board within five days after the applicant is served with the reply or within a shorter period as the board may direct. M.R. 18/97; 57/2015 Referral of grievance to board 23(1) Where a bargaining agent or an employer refers a grievance to the board under section 130 of the Act, the referral shall be made on a form specified by the board. Notice to other party 23(2) Where a bargaining agent or an employer refers a grievance to the board, the bargaining agent or the employer, as the case may be, shall submit, by personal delivery or by certified or registered mail, a copy of the referral to the other party. Referral to be in triplicate 23(3) Every referral to the board made in accordance with section 130 of the Act shall be filed in triplicate. Three copies of collective agreement to be filed 23(4) The bargaining agent or employer making a referral under section 130 of the Act shall submit therewith 3 copies of the collective agreement in respect of which the grievance arose. M.R. 255/88; 18/97 Application under s. 66 of the Act 24(1) Notwithstanding any other provision of the regulations, where an application for an extension of time is made under subsection 66(3) of the Act, the chairperson or vice-chairperson may, forthwith, extend the time prescribed in subsection 66(1) or (2) of the Act under such terms and conditions as the chairperson of vice-chairperson considers appropriate. Extension subject to review 24(2) Any extension of time allowed by the chairperson or vice-chairperson under subsection (1) may be reviewed by the board. M.R. 255/88 Forms 25 The forms contained in the Schedule hereto shall be used with such variations or modifications as circumstances may require but any variance therefrom, not being a matter of substance, shall not affect their regularity or validity. PART IV VOTING PROCEDURES Procedures after board orders a vote 26(1) Where the board orders a vote the registrar, a board officer or such other person as the board may designate shall be the returning officer for the purposes of conducting the vote and shall have power to (a) require the employer to furnish lists of employees in the unit found to be appropriate or proposed by the board employed at the date specified by the board; (b) fix an hour and place where the parties may examine the lists with the returning officer and register any claims for the inclusion of any further names on, or the deletion of any names from, the list; (c) settle the list of employees entitled to vote and, where necessary, settle the list of professional employees in the unit or proposed unit; (d) settle the form of the ballot or ballots; (e) settle the date and hours for the taking of the vote; (f) settle the form of notices for the vote and direct posting thereof; (g) appoint such deputy returning officers and poll clerks as may be deemed necessary; (h) fix the number and location of the polling places; (i) give any special directions as may be deemed necessary as to the conduct of the vote and the counting of the ballots and generally supervise the completion of the vote. Eligibility challenge 26(2) Where at the time of settling the list of employees entitled to vote, a question arises as to the eligibility of any person to be included on the list, or, where at the time of balloting, the right of any intending voter to cast a vote is challenged, the returning officer shall (a) if the terms of reference specifically made in the board's order of the vote cover the question, make a ruling and such ruling shall decide the question; or (b) if the said terms do not cover the question, (i) allow the name of the person to be placed on the list or allow the person to cast a ballot, but in such case the returning officer shall forthwith place the ballot in an envelope, seal it, mark the envelope sufficiently to identify it, place the envelope in the ballot box and make a written report to the board of the facts and of the parties contentions thereon, and (ii) seal the ballot box upon completion of the voting without counting the ballots and retain the ballot box in safekeeping pending a decision of the board. Fair vote certificate 26(3) Immediately upon the completion of the voting and before the ballot box is (a) opened for the purpose of counting ballots; or (b) sealed pursuant to subsection (2); the parties or their accredited representatives shall verify in writing to the returning officer that they are satisfied that the vote was conducted in a fair and proper manner. Refusal to certify fair vote 26(4) Where any party refuses to certify that it is satisfied with the conduct of the vote, the party shall forthwith record in writing the grounds of dissatisfaction and shall deliver the written statement to the returning officer who shall thereupon seal the ballot box without counting the ballots and retain the ballot box in safekeeping pending a decision of the board on the matter. Spoiled ballots 26(5) Where at the time of counting the ballots a party challenges a ballot cast, the returning officer shall rule upon the validity of the ballot and (a) if the parties accept the ruling, the ballot shall be counted or rejected accordingly; or (b) if the ruling is not accepted, the returning officer shall (i) place the challenged ballot or ballots in an envelope, seal it and mark the envelope sufficiently to identify it, and (ii) replace all other ballots in the ballot box and seal it, and (iii) obtain a statement from the parties as to their contentions relative thereto, prepare a report thereon and retain the disputed ballots in safekeeping pending a board decision. Where intent is clear 26(6) Where a ballot is challenged as to the marking or the place of the marking thereon, the returning officer or the board shall rule the ballot valid if the mark thereon clearly indicates the intentions of the voter marking the ballot without identifying the person casting the ballot. Parties may make submission 26(7) Where any matter arising under subsection (2), (3), (4) or (5) is to be settled by the board, any affected party may, within three days after the date of the voting, lodge with the board and serve on all other affected parties a submission or an amplified submission upon the matter and shall at the same time notify the board whether or not the party desires to be heard by the board thereon. Action on board decision 26(8) Where the board has decided upon any matter under this section, the registrar or returning officer shall, (a) notify the parties of the time and place at which the ballots will be counted and, unless the board directs otherwise, the parties shall be entitled to be represented at the time and place of the counting; and (b) where the board has ruled that any ballot or ballots in dispute are valid, open the sealed envelope and mingle the contained ballot or ballots with the other ballots so that the identity of the voter or the manner in which the voter cast the ballot cannot be determined and proceed with the counting of the ballots and the announcement of the results; and (c) where the board has ruled that any ballot is invalid, destroy the envelope and ballot unopened and proceed with the counting of the remaining ballots and the announcement of the result. Scrutineers 26(9) Subject to any ruling of the board to the contrary, each of the parties participating in the vote shall be entitled to have at each polling place an accredited representative to act as scrutineer. Pre-hearing votes 26(10) Where, at any time after an application for certification has been filed, it appears to the board that the extent of the employee support of the application should be forthwith ascertained for the future guidance of the board, the board may direct that a vote be conducted among the affected employees. Counting of ballots 26(11) Where a vote has been taken under subsection (10), the ballots shall not be counted unless so ordered by the board. M.R. 18/97 PART V RULES OF BOARD PRACTICE 27 In its administration of those features of the Act which are assigned to it, The Manitoba Labour Board will apply the following general rules; but every case will be considered in the light of its particular circumstances. M.R. 34/2025 28 Any application before the board, where it is necessary to determine the percentage of employees who are members in good standing or the percentage of employees who support an application, (a) shall include all those employees who, on the date of filing of the application, are in the employment of the employer and within the unit, including any employee who works on a regular schedule week by week, irrespective of the number of hours worked in each week; (b) but excludes (i) an employee taken on as a substitute for an employee on vacation leave or other leave of absence, or (ii) an employee who within two weeks immediately prior to the date of filing of the application is taken on for a period of temporary employment not exceeding twelve weeks. 29 For purposes of settling the list of eligible voters under section 26, "employees entitled to vote" includes, subject to subsection 2(1) of the Act, all employees defined in section 28 who are employees of the employer in the bargaining unit on the date fixed by the board, but does not include any person who voluntarily terminates his or her employment prior to the date of the vote. M.R. 255/88 Timing of hearings re certification 29.1(1) Subject to subsection (2), a hearing in respect of the following applications must be held and concluded within three months after the date the application was filed: (a) an application for certification under section 34 of the Act; (b) an application to cancel certification or to terminate bargaining rights of an uncertified bargaining agent under section 49 of the Act.

Chairperson may extend time 29.1(2) Before the three-month period in subsection (1) expires, the chairperson may extend it if he or she is satisfied that exceptional circumstances warrant doing so. M.R. 57/2015 Timing of decisions 29.2(1) The board shall issue a final decision on any matter submitted to it within three months after the conclusion of the hearing held on the matter or the filing of the last written submission in respect of the matter. Chairperson may extend time 29.2(2) Before the three-month period in subsection (1) expires, the chairperson may extend it if he or she is satisfied that exceptional circumstances warrant doing so. M.R. 57/2015 Timing of hearing regarding request for interim order 29.3(1) When a complaint alleging an unfair labour practice contains a request that the board issue an order on an interim basis under subsection 31(2) of the Act, the respondent shall reply to the request within three days and the board shall conduct a preliminary hearing respecting the request within a further five days. Timing of decision regarding request for interim order 29.3(2) The board shall issue its decision within five days after the conclusion of a preliminary hearing referred to in subsection (1). M.R. 57/2015 Case management conference 29.4(1) On its own motion or at the request of a party, the board may schedule a case management conference in a proceeding for one or more of the following purposes: (a) directing the pre-hearing disclosure of documents by a party or by any other person who may be called as a witness in the proceeding; (b) directing a party to provide further facts or details of the position it is taking in the proceeding; (c) developing an agreed statement of facts, obtaining admissions that might facilitate the hearing, or preparing a sworn statement of the evidence that will be elicited from a witness in the proceeding; (d) directing that an investigation be conducted and a report prepared respecting any aspect of the proceeding; (e) directing that a written submission be filed respecting a report prepared in the proceeding, or respecting any aspect of the proceeding; (f) attempting to simplify the matters in dispute between the parties, including achieving the resolution of some or all of those matters; (g) directing the parties to attend a settlement conference under section 29.5; (h) discussing the conduct of the hearing, including the order in which the parties will proceed, the number and identity of witnesses, and the estimated length of time required; (i) any other matter that the board directs. Terms and conditions, time limits 29.4(2) A direction by the board under this rule may specify terms and conditions that a party must comply with, including time limits. Notice 29.4(3) All parties to a proceeding must be notified of the date, time and place for a case management conference. When a representative is acting for a party, the board may direct that the party (or a person with authority to instruct the representative) be present at the case management conference. If the party or person with authority to instruct the representative resides outside the city where the case management conference is taking place, that person may attend by videoconference or teleconference. Chairperson or vice-chairperson to conduct conference 29.4(4) The chairperson or a vice-chairperson may conduct a case management conference. No requirement to also hear the matter 29.4(5) The person who conducts the case management conference is not thereby required to hear the matter should it subsequently proceed to a hearing. M.R. 57/2015 Settlement conference 29.5(1) Without limiting subsections 30(3), 30(4) and 140(6) of the Act or any other provision of the Act, a settlement conference may be scheduled by the board, or at the request of a party, at any time in a proceeding. Notice 29.5(2) All parties to a proceeding shall be notified of the date, time and place for a settlement conference. When a representative is acting for a party, the board may direct that the party (or a person with authority to settle) be present at the settlement conference. When the party or person with authority to instruct the representative resides outside the city where the settlement conference is taking place, that person may attend by videoconference or teleconference. Member may not participate in subsequent decision 29.5(3) A board member who attends a settlement conference shall not be part of any panel subsequently making a decision or order in the proceeding, unless all parties consent in writing. M.R. 57/2015 PART VI ESSENTIAL SERVICES APPLICATIONS INTRODUCTORY PROVISIONS Definitions 29.6 The following definitions apply in this Part. "determination application" means an application under subsection 94.3(4) of the Act to determine whether an essential services agreement is required. (« demande de décision sur la nécessité de conclure une entente ») "essential services agreement" means an agreement described in subsection 94.3(9) of the Act. (« entente de services essentiels ») "essential services agreement application" means an application under subsection 94.3(12) of the Act to determine any question respecting an essential services agreement. (« demande de décision concernant une entente de services essentiels ») "review application" means an application under subsection 94.3(24) of the Act to review an agreement, determination or order made under section 94.3 of the Act. (« demande de réexamen ») "substantial interference application" means an application under section 94.5 of the Act for a finding that an order made under section 94.3 of the Act substantially interferes with meaningful collective bargaining. (« demande de déclaration d'entrave importante ») M.R. 34/2025 Application 29.7(1) This Part governs determination applications, essential services agreement applications, review applications and substantial interference applications. Conflict 29.7(2) In the event of a conflict between a provision of this Part and any other provision of this regulation, the provision of this Part prevails. M.R. 34/2025 CONDUCT OF ESSENTIAL SERVICES APPLICATIONS Rules governing various applications 29.8 Sections 29.9 to 29.15 apply to determination applications, essential services agreement applications and review applications. M.R. 34/2025 Applications 29.9(1) Any party may make an application on a form approved by the board or in a format that is acceptable to the board. Application contents 29.9(2) The application must include (a) all information and documents required by the application form, in the format specified on the application form; and (b) any additional information and documents specified by the board. Service on respondent 29.9(3) The applicant must serve their application on the respondent before filing it with the board. Filing confirmation of service 29.9(4) The applicant must file confirmation that the application has been served on the respondent when the application is filed. M.R. 34/2025 Review of application 29.10(1) The board or a board representative must review an application to determine if (a) the application meets the requirements of section 29.9; (b) the application provides sufficient particulars of the applicant's position to enable the board or a board representative and the respondent to determine the substance of the application; and (c) any additional information or documents need to be filed with the application. Rejecting application 29.10(2) The board or a board representative must reject an application that (a) does not meet the requirements of section 29.9; or (b) fails to provide sufficient particulars of the applicant's position on the application. Rejection if additional materials required 29.10(3) The board or a board representative may reject an application if they determine that the applicant needs to file any additional information or documents with the application. M.R. 34/2025 Notice of review 29.11(1) The board must notify the applicant and respondent in writing whether the application is accepted or rejected. Rejection details 29.11(2) If an application is rejected, the notice under subsection (1) must set out the reason for the rejection. If an application is rejected because additional information or documents are required, the notice must specify what additional information or documents need to be filed. M.R. 34/2025 Resubmitting application 29.12 An applicant may resubmit their application when they have addressed all issues set out in the notice of review that resulted in the rejection of the application. Subsections 29.9(3) and (4) and sections 29.10 and 29.11 apply to a resubmitted application. M.R. 34/2025 Reply 29.13(1) The respondent must file a reply to the application on a form approved by the board or in a format acceptable to the board not later than three days after the board notifies the parties that the application has been accepted. Reply contents 29.13(2) The reply must include all information and documents required by the reply form, in the format specified on the application form. Service 29.13(3) The respondent must serve their reply on the applicant before filing it with the board along with confirmation that the reply has been served on the applicant. No material in response to reply 29.13(4) The applicant must not file any material in response to the reply. M.R. 34/2025 Review of reply 29.14(1) The board or a board representative must review a reply to determine if (a) the reply meets the requirements of section 29.13; (b) the reply provides sufficient particulars of the respondent's position on the application; and (c) the respondent will be required to file any additional information or documents. Notice to respondent 29.14(2) The board must notify the respondent and the applicant if (a) the reply does not meet the requirements of section 29.13; (b) the reply fails to provide sufficient particulars of the respondent's position on the application; or (c) the board requires the respondent to file any additional information or documents. The notice must set out what the respondent is required to do and the deadline to comply with the board's direction. M.R. 34/2025 Case management conference 29.15(1) The board must schedule a case management conference on the first day after the deadline for filing a reply. Case management steps 29.15(2) The board may do one or more of the following at the case management conference: (a) set deadlines for the parties to file any additional information or documents before the hearing; (b) discuss possible consequences of the respondent's failure to comply with a notice under subsection 29.14(2); (c) discuss the possible settlement of the application; (d) attempt to narrow the issues in dispute between the parties; (e) determine how the hearing will be conducted, including how evidence will be presented and how the parties will make submissions. Setting hearing date 29.15(3) The board must set a hearing date at the case management conference. The hearing must be scheduled to start not later than six days after the case management conference. M.R. 34/2025 Conduct of substantial interference applications 29.16(1) If a substantial interference application is filed during a strike or lockout, the application is to be conducted in accordance with sections 29.9 to 29.15, with any necessary changes specified by the board. Exception 29.16(2) A substantial interference application that is not filed during a strike or lockout must be made on a form approved by the board or in a format that is acceptable to the board in accordance with the general process set out in sections 21 and 22, with any necessary changes specified by the board. M.R. 34/2025 Referral by minister 29.17 If the minister refers any matter under section 94.3 of the Act to the board, the board must (a) provide the parties with the minister's referral request; and (b) notify the parties in writing of the process to be followed respecting the conduct of the referral. M.R. 34/2025 HEARINGS Restriction on submissions at hearing 29.18 A party may make submissions and introduce evidence only on issues raised in their application or reply, unless the board permits otherwise. M.R. 34/2025 Decisions 29.19(1) All board orders and decisions on essential services agreement applications must be made in writing in a form determined by the board. Notice 29.19(2) The board must provide the parties with its order and decision and make them available for publication. M.R. 34/2025 MISCELLANEOUS PROVISIONS Settlement 29.20 After the board notifies the parties that an application has been accepted, the board may appoint a board representative, member or other person under subsection 140(6) of the Act to narrow the issues in dispute or assist the parties in reaching a settlement. M.R. 34/2025 Adjournments and extensions of time 29.21 An adjournment or extension of time limits under this Part is to be granted only in exceptional circumstances. For clarity, the availability of a party or their counsel will not be considered to be an exceptional circumstance. M.R. 34/2025 30 Manitoba Regulations 65/85 and 110/85 are repealed. SCHEDULE Form A Memorandum of General Information Required on All Proceedings Form B Originally Qualifying Information of Union Form C Employer's Return Upon Application for Certificate Forms I to XV [Repealed] M.R. 18/97 M.R. 255/88; 18/97