Travail

La Commission du Travail du Manitoba

Manitoba Labour Board Notice to the Community

Updated - November 26, 2021

Manitoba Labour Board Updated Response to the COVID 19 Pandemic

Throughout the pandemic, the Board has continued to operate, process applications, and conduct votes, hearings, mediations, and case conferences. The Board has modified its procedures to allow for virtual proceedings and electronic voting where appropriate and necessary.

As with previously announced plans, the Board's current approach has been developed carefully, with the input of the labour relations community, to ensure our workplace and our public spaces are as safe as possible, and that matters can continue to be finalized in a fair and efficient manner. The revised practices and procedures discussed in this notice will remain in effect until January 28, 2022, or such other date as the Board determines is appropriate.

All previously announced measures as set out in the Board's previous updates shall remain in effect. Including:

  • Until further notice, the Board's offices remain closed to the public for inquiries. Individuals may submit their questions by contacting us by telephone at (204) 945-2089 or in writing to MLB@gov.mb.ca. The mailbox will be monitored by staff daily and all inquiries will be responded to as soon as reasonably practicable;

  • The Board has developed a Policy Respecting Attendance at the Manitoba Labour Board The Policy requires that individuals must either (a) submit documentation showing that they have been fully vaccinated against COVID-19; or (b) provide proof of a negative COVID -19 test from an approved testing facility, administered no more than 72 hours prior to attending the Board in person. The full policy is available on the Board’s website;

  • The Board continues to temporarily waive the requirement for a signed statutory declaration with all filings. Parties are still required to include an unsigned version of the Form A: Memorandum of General Information Required on all Proceedings with all filings. Parties may be required to file a properly executed statutory declaration at a future date, as directed by the Board;

  • The Board will continue to receive applications, complaints, interventions, referrals, requests, appeals or other submissions through electronic filing only, including applications for certification and decertification. Correspondence related to new or active matters before the Board should be sent to the Board via email at mlbregistrar@gov.mb.ca;

  • The Board shall continue to schedule and conduct case management conferences with parties for any matter that it has determined may require a hearing, by way of videoconferencing or telephone. In circumstances where parties have specific concerns regarding proceeding with the hearing via videoconference, they may identify those issues at the case management conference. The Board will determine whether alternate manners of proceeding can be accommodated having regard to applicable public health orders, the principles of procedural fairness, and other relevant considerations;

  • Videoconferencing using the Microsoft Teams platform is the presumptive method for hearings and case management conferences during the COVID-19 pandemic, unless specific circumstances exist in a particular case which will require the Board to consider other options. The Board has developed Guidelines for Videoconference Hearings and Case Management Conferences; and

  • In order to facilitate orderly and expeditious hearings, the use of Agreed Statements of Fact, Agreed Books of Documents or Exhibits, comprehensive pre-hearing disclosure, and mediation to resolve or narrow matters in dispute, is strongly encouraged and shall be facilitated by the Board.

The Board is actively monitoring the COVID-19 pandemic and will continue to follow all public health orders.

Updated Guidelines for Videoconference Hearings - November 26, 2021

 

Updated - September 7, 2021

COVID-19 PANDEMIC RESPONSE

POLICY RESPECTING ATTENDANCE AT THE MANITOBA LABOUR BOARD

PURPOSE

In order to continue to protect the health and safety of the Board’s staff, members, and the community they serve from the spread of COVID-19, this policy provides direction on the conditions under which individuals may attend the Board’s offices. Given that the situation surrounding the COVID-19 pandemic is dynamic and continuing to evolve, we likewise expect that this policy will change and evolve with the situation. This policy was developed following consultation with representatives of the labour relations community and members of the Board.

POLICY STATEMENT

All individuals attending at the Board’s offices must either (a) submit documentation showing that they have been fully vaccinated against COVID-19; or (b) provide proof of a negative COVID-19 test from an approved testing facility, administered no more than 72 hours prior to attending. Any individual may request accommodation on the basis of a characteristic set out in The Human Rights Code, C.C.S.M. c. H175. Individuals who are unable or unwilling to comply with this policy may request to attend Board hearings or mediations using videoconferencing technology.

PROCEDURE

In the event that the Board directs that a matter should be scheduled for a hearing or mediation, it will conduct a case management conference with the parties to determine how the matter should proceed. The Board shall determine whether the hearing shall proceed in-person at the Board’s offices, via videoconference, or a combination (or “hybrid”) of these processes, in consultation with the parties. Similarly, where the Board appoints a representative to attempt to mediate a resolution to a case, the representative shall consult with the parties regarding how to proceed with the mediation.

In the event of an in-person hearing, hybrid hearing or an in-person mediation, the Board may request proof of vaccination or COVID-19 test results from all attendees in accordance with this policy.

In addition, all individuals attending the Board’s offices must adhere to all public health orders and guidelines, including those relating to masking and social distancing. In order to ensure social distancing, the Board may limit the number of people allowed in its hearing rooms.

Members of the public (including the media) who wish to observe the hearing may do so virtually by advising the Board in advance.



Colin S. Robinson
Chairperson

FILING OF DOCUMENTS BY EMAIL

The Manitoba Labour Board has restricted in person access to its offices. The Board accepts all correspondence, including applications, appeals, referrals and replies via e-mail on the appropriate forms where necessary. Please include the relevant case number(s) for identification, if available, and "Application" or "Reply" in the subject line of the e-mail.

An auto-reply will be sent back to the sender (once per business day) acknowledging receipt of the correspondence. If you don't receive the auto-reply acknowledgement within a reasonable period of time you should follow up with the Board's receptionist during regular business hours, by calling 204-945-3783 and requesting confirmation of receipt. Generally the Board is open Monday to Friday 8:30 a.m. to 4:30 p.m. and closed General Holidays. Documents filed after 4:30 p.m. will be recorded as received on the next business day.

 

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La Loi sur les relations de travail définit comme suit le mandat de la Commission du travail du Manitoba : un tribunal spécialisé, indépendant et autonome, responsable de l'administration et de l'arbitrage justes et efficaces des cas qui lui incombent en vertu de la Loi ou en vertu d'articles de toute autre loi, notamment les suivantes :

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Le site Web de la Commission du travail du Manitoba contient des renseignements sur les programmes et les activités de la Commission.

Nous vous invitons à consulter les pages suivantes :

  • À notre sujet pour connaître le rôle de la Commission et ses objectifs;
  • Membres de la Commission pour vous renseigner sur les personnes chargées de régler les cas déposés auprès de la Commission;
  • Formules pour consulter et imprimer les formules que vous cherchez. Cette page comprend des formules de demande et une formule de déclaration solennelle;
  • Bibliothèque pour en connaître davantage sur notre collection;
  • Publications pour obtenir une liste de la documentation imprimée et pour savoir comment se la procurer;
  • Bulletins d'information pour vous renseigner sur les politiques de la Commission par rapport à certaines questions;
  • Loi sur les relations du travailpour afficher la Loi;
  • Règlement pour consulter le Règlement sur les règles de procédure de la Commission du travail;
  • Contactez-nous pour connaître notre adresse et l'emplacement de nos bureaux et pour accéder à des liens pour d'autres sites Web qui pourraient vous intéresser.

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