Manitoba Labour and Immigration

» Search

» Français

Questions about our services

The Conciliation and Mediation Branch provides services of Conciliation, Grievance Mediation and consultation of labour relation matters to all organized labour and management and to those seeking advice and information regarding collective bargaining and grievance mediation.

Assistance may be requested by either or both parties under The Labour Relations Act, The Pay Equity Act and The Public Schools Act.

Conciliation Services

Promote and maintain industrial harmony in Manitoba.

Provide competent, well-trained conciliators to assist organized labour and management in collective bargaining, and to resolve impasse situations thereby minimizing work stoppages.

Provide conciliation services to Public School Teachers and School Boards in collective bargaining at the request of the Minister of Education.

Assist in the development of sound labour/management relations.

Grievance Mediation Services

Provide competent, well-trained mediators to assist organized labour and management when grievance procedures have failed and prior to (rights) arbitration.

Pay Equity Services

Assist employees, bargaining agents and employers in the area of Pay Equity.

Interest Based Negotiations

The use of consensus to fashion a settlement that best satisfies the parties' interest on all issues. The Branch provides training and start up facilitation.

Program Clients

The major client groups served by the Conciliation, Mediation and Pay Equity Services are:
All organized workers in Manitoba. This is approximately 29% of all employed Manitobans.
Approximately 1,400 collective bargaining agreements between employers and employees under The Labour Relations Act.
Public school teachers under The Public Schools Act.

Frequently Asked Questions About Conciliation and Mediation Services:

WHAT IS AVAILABLE TO THE PARTIES WHEN THEY CANNOT AGREE TO THE TERMS OF A COLLECTIVE AGREEMENT?

Procedures under the Act may involve a conciliation officer, a mediator, a conciliation board, or an industrial inquiry commission.

WHAT IS A CONCILIATION OFFICER?

A Conciliation Officer is an individual employed by the Department of Labour to provide assistance in resolving outstanding labour relations issues between employers and employees. Conciliation Officers are available to assist parties to overcome difficulties and reach an agreement in collective bargaining. An Officer's task is to keep the parties communicating and working towards a settlement. Conciliation services are conducted under a strict code of confidentiality.

WHEN IS A CONCILIATION OFFICER APPOINTED?

A conciliation officer may be appointed at any time after notice to commence collective bargaining has been given [Subsection 67(1)].

HOW IS A CONCILIATION OFFICER APPOINTED?

Either party may apply for conciliation services by writing to the Minster of Labour, stating the parties involved and outlining difficulties in negotiations. A copy of the letter should also be sent to the Conciliation and Mediation and Pay Equity Services Branch. The Minister may also appoint a conciliation officer where, although the parties have not made a request, the Minister is of the opinion that it is advisable. [Subsection 67(1)]

After appointment, a conciliation officer will, as soon as possible, confer with the parties and endeavour to bring about an agreement. Each party must attend meetings called by the conciliation officer and must provide a list of its terms of settlement. [Section 67] The failure of either party to co-operate with a conciliation officer may be construed to be an unfair labour practice. [Section 28]

DOES THE CONCILIATION OFFICER HAVE THE POWER TO IMPOSE A SETTLEMENT?

No. Conciliation officers have no power to impose a settlement, but have considerable skill and experience in negotiations and labour relations. Often, the officer can suggest to the parties' different approaches or a compromise that is acceptable to both.

Within 30 days [or longer as the parties may agree or the Minister may allow], a conciliation officer reports to the Minister setting out the issues [if any] on which the parties cannot agree and recommendations as to further steps that might be taken to facilitate a settlement. [Section 68]

WHAT IF THE CONCILIATION OFFICER IS DEALING WITH A FIRST COLLECTIVE AGREEMENT BETWEEN THE PARTIES?

Where the appointment of a conciliation officer is in respect of a first collective agreement, and after conferring with the parties, the conciliation officer is satisfied that the parties have made reasonable efforts to conclude a collective agreement, and is of the opinion that the parties are not likely to conclude a collective agreement, the officer may, [after the expiry of 90 days and before the expiry of 120 days from the day of the appointment], notify the Manitoba Labour Board and the parties, in writing, that the parties, after making reasonable efforts, have not been able to conclude a first collective agreement[subsections 68(3.1) and 87(1)].

IS THERE A CHARGE FOR CONCILIATION SERVICES?

There is no cost for the conciliation officer's services.

CAN THE PARTIES APPOINT A MEDIATOR OF THEIR CHOICE TO ASSIST IN CONCLUDING A COLLECTIVE AGREEMENT?

Yes. Where collective bargaining has commenced, the parties may jointly request the Minister of Labour to appoint a mediator selected by them jointly to assist the parties in concluding a collective agreement. [Subsection 95(1)]

CAN THE MINISTER APPOINT A MEDIATOR WITHOUT THE PARTIES JOINT REQUEST?

Where in the opinion of the Minister it is advisable to do so, even if no joint request has been made, the Minister may appoint a mediator to assist in concluding a collective agreement. [Subsection 95(2)]

IS THERE AN OBLIGATION TO MEET WITH A MEDIATOR?

Each party must attend meetings called by the mediator and make known its respective terms and conditions which are acceptable as provisions of a collective agreement. [Section 102] Mediation is conducted under a strict code of confidentiality. The failure of either party to co-operate with a mediator may be construed as an unfair labour practice. [Section 28]

A mediator must report to the Minister within 30 days after being appointed [or such longer period as may be agreed upon by the parties or allowed by the Minister]. The report sets out any matters on which the parties cannot agree and recommendations as to what, if any, further proceedings might be taken to facilitate a settlement. [Section 103]

IS THE REPORT OF A MEDIATOR BINDING ON THE PARTIES?

Only if at any time before or after the mediator's report is made, where the parties agree in writing to be bound by the recommendations of the mediator, the recommendations are binding and the parties must give effect to them. [Section 106]

WHO PAYS FOR THE MEDIATOR?

One-third of the remuneration and expenses of a mediator appointed under the Act to assist in concluding a collective agreement are paid by the Government and the remainder is paid in equal shares by the parties. [Subsection 111(4)]

WHAT IS THE ROLE OF A CONCILIATION OFFICER OF THE DEPARTMENT OF LABOUR IN GRIEVANCE MEDIATION?

Conciliation officers of the Department of Labour, in addition to assisting with collective bargaining, are also involved in the grievance arbitration process as mediators. Grievance mediation is a process where representatives of the union and the employer meet with a grievance mediator to attempt to resolve a grievance prior to arbitration.

In grievance mediation, the parties directly involved in the dispute make the final decision as to how the grievance is going to be resolved. They are also responsible for enforcing the settlement that is reached. If no settlement is reached, both parties are free to proceed to arbitration as set out in their collective agreement or as provided for under the Act. [See Part VII of this Guide for further information.]

HOW IS A GRIEVANCE MEDIATOR APPOINTED?

A grievance mediator can be appointed in one of three ways. Firstly the parties can make a joint application in writing to the Minister of Labour requesting that a grievance mediator be appointed to assist them in resolving their grievance (section 129). Secondly, the parties may wish to name a grievance mediator in their collective agreement (section 129). Thirdly, if the parties apply for expedited arbitration, the Board may request the Minister of Labour to appoint a grievance mediator [section 130].

A joint application by the parties to a collective agreement to have the Minister appoint a grievance mediator must be in writing and be accompanied by a copy of their collective agreement, a copy of the grievance, and any written replies or other data related to the grievance.

WHO PAYS FOR THE SERVICES OF A GRIEVANCE MEDIATOR?

There is no charge for the services of a grievance mediator appointed by the Minister of Labour either on the joint request of the parties or upon the request of the Board under the expedited arbitration procedure. If the parties use a grievance mediator named in their collective agreement, the government will pay one-third of the cost incurred by the parties for payment of reasonable remuneration and expenses to the person named as grievance mediator in the collective agreement.

ARE THERE ANY OTHER PROVISIONS OF THE ACT REGARDING CONCILIATION SERVICES?

There are provisions in the Act that provide for the appointment of a conciliation board or an industrial inquiry commission [Sections 97 and 113]. For more information respecting these please contact the Conciliation and Mediation and Pay Equity Service Branch.

DO THESE APPLY TO THE PUBLIC SCHOOLS ACT?

Under The Public Schools Act, a conciliation officer will be appointed to assist teachers and school boards in reaching an agreement in collective bargaining, but only where the parties jointly request the appointment. The remuneration and expenses of the officer are shared equally between the parties.