First Session -Thirty-Fifth Legislature of the Legislative Assembly of Manitoba STANDING COMMITTEE on INDUSTRIAL RELATIONS 39 Elizabeth 11 Chairman Mr. Marce/ Laurendeau Constituency of St. Norbert VOL. XXXIX No. 2 - 8 p.m., THURSDA V, DECEMBER 13, 1990 MG-8046 ISSN 0713-9608 Printed by the Office of the Queens Printer, Province of Manitoba MANITOBA LEGISLATIVE ASSEMBLY Thirty-Fifth Legislature Member s, Constituencies and Political Affiliation NAME CONSTITUENCY PARTY. ALCOCK, Reg Osborne Liberal ASHTON, Stave Thompson NDP BARRETT, Becky Wellington NDP CARR, James Crescentwood Liberal CARSTAIRS, Sharon River Heights Liberal CERILLI, Marianne Radisson NDP CHEEMA, Gulzar The Maples Liberal CHOMIAK, Dave Kildonan NDP CONNERY, Edward, Hon. Portage la Prairie PC CUMMINGS, Glen, Hon. Ste. Rose PC DACQUAY, Louise Seine River PC DERKACH, Leonard, Hon. Roblin-Russell PC DEWAR, Gregory Selkirk NDP DOER, Gary Concordia NDP DOWNEY, James, Hon. Arthur-Virden PC DRIEDGER, Albert, Hon. Steinbach PC DUCHARME, Gerry, Hon. Riel PC EDWARDS, Paul St. James Liberal ENNS, Harry, Hon. Lakeside PC ERNST, Jim, Hon. Charleswood PC EVANS, Clif lnterlake NDP EVANS, Leonard S. Brandon East NDP FILMON, Gary, Hon. Tuxedo PC FINDLAY, Glen, Hon. Springfield PC FRIESEN, Jean Wolseley NDP GAUDRY, Neil St. Boniface Liberal GILLESHAMMER, Harold, Hon. Minnedosa PC HARPER, Elijah Rupertsland NDP HELWER, Edward R. Gimli PC HICKES, George Point Douglas NDP LAMOUREUX, Kevin lnkster Liberal LATHLIN, Oscar The Pas NDP LAURENDEAU, Marcel St. Norbert PC MALOWAY, Jim Elm wood NDP MANNESS, Clayton, Hon. Morris PC MARTINDALE, Doug Burrows NDP McALPINE, Gerry Sturgeon Creek PC McCRAE, James, Hon. Brandon West PC MciNTOSH, Linda Assiniboia PC MITCHELSON, Bonnie, Hon. River East PC NEUFELD, Harold, Hon. Rossmere PC ORCHARD, Donald, Hon. Pembina PC PENNER, Jack, Hon. Emerson PC PLOHMAN, John Dauphin NDP PRAZNIK, Darren, Hon. Lac du Bonnet PC REID, Daryl Transcona NDP REIMER, Jack Niakwa PC RENDER, Shirley St. Vital PC ROCAN, Denis, Hon. Gladstone PC ROSE, Bob Turtle Mountain PC SANTOS, Conrad Broadway NDP STEFANSON, Eric Kirkfield Park PC STORIE, Jerry Flin Flon NDP SVEINSON, Ben La Verendrye PC VODREY, Rosemary Fort Garry PC WASYL YCIA-LEIS, Judy St. Johns NDP WOWCHUK, Rosann Swan River NDP LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON INDUSTRIAL RELATIONS Thursday, December13, 1990 TI ME-Sp.m. presentation. If not, we proceed to pass the Bill clause by clause. LOCATION- Winnipeg, Manitoba CHAIRMAN - Mr. Marcel Laurendeau (St. * (2005) Norbert) Mr. Chairman: I will now read the names of the presenters remaining on the list. If there are any ATTENDANCE 10- QUO RU M- 6 members of the public in attendance who would like Members of thecommittee present: to give a presentation this evening or are not on the Hon. Messrs. Cummings, Downey, Praznik list, please contact the Clerk of the Committees and have your name added to the list of presenters. Messrs. Ashton, Cheema, Dewar, Laurendeau, Mrs. Render, Mr. Sveinson, Ms. Mark Okopski, Leonard Terrick, Roland Doucet, Wowchuk Ron Ruth, Dennis Atkinson, Robert Ziegler, Julie Ante!, Nancy Oberton, Darlene Dziewit. APPEARING: Ms. Becky Barrett, MLA for Wellington Since we have heard from all of the interested presenters, does the committee wish to proceed Mr. Kevin Lamoureux, MLA for lnkster with the detailed consideration of the Bill? MATTERSUN DE R DI SCUSSION: Mr. Praznlk: Agreed. Bill 12-The Labour Relations Amendment Act; Loi modifiant la Loi sur les relations du BILL 12-THE LABOUR RELATIONS travail AMENDMENT ACT Bill 23-The Employment Standards Mr. Chairman: Okay. Shall we deal with Bill12 first? Amendment Act (2); Loi no 2 modifiant la Loi sur les normes d'emploi Hon. Darren Praznlk (Minister of Labour): Agreed. *** Mr. Chairman: Agreed. Does the Honourable Mr. Chairman: Order, please. Will the Standing Minister of Labour have an opening statement for Committee on Industrial Relations please come to Bill12? order. This evening the Standing Committee on Mr. Praznlk: Mr. Chairperson, I think I have spoken Industrial Relations will resume consideration of Bill on this twice now in the House, and we have had a 12, The Labour Relations Amendment Act, and Bill very thorough discussion. So I would like to 23, The Employment Standards Amendment Act recommend we proceed to clause-by-clause (2). examination. The committee has previously heard presenters Mr. Chairman: We thank the Honourable Minister for Bill 23 and 12. The list of presenters who have of Labour. Does the critic for the official Opposition already spoken has been passed out for the Party,the Honourable Member for Swan River (Ms. information ofthe committee. We still have a number Wowchuk), have any brief opening comments? of presenters who have expressed an interest in Ms. Rosann Wowchuk (Swan River): No. making a presentation to Bill12. Shall the committee continue with hearing public presentation? Mr. Chairman: We thank the Honourable Member. Does the critic for the Second Opposition Party, the Hon. Darren Praznlk (Minister of Labour): Mr. Honourable Member for The Maples (Mr. Cheema), Chairman, I would recommend those names be have any opening brief comments? called for those people who are on the list to see if they are here and interested in making a Mr. Gulzar Cheema (The Maples): No. 47 LEGISLATIVE ASSEMBLY OF MANITOBA December 13, 1990 Mr. Chairman: We thank the Honourable Member. 11 est propose que le projet de loi 12 soit amende par substitution, au numero d'article 5, du numero 6 et The Bill will be considered clause by clause. par adjonction, apres !'article 4, de ce qui suit: During the consideration of a Bill, the Title and the Preamble are postponed until all other clauses have Examen du processus par un comlte been considered in their proper order by the 5( 1) Malgre ('abrogation de ('article 2, le ministre committee. charge, dans les 30 jours suivant la date d'entree en vigueur de la presente loi, un comite d'effectuer • (2010) un examen complet du processus d'arbitrage des Clause 1-pass; Clause 2-pass; Clause 3- propositions finales prevu par la Loi modifiant la Loi pass; Clause 4-pass. sur les relations du travail, chapitre 58 des Lois du Manitoba de 1987-88 (Suppl. aux L.R.M., c. 19). Clause 5, shall Clause 5- Rapport du comlte Mr. Cheema: Mr. Chairperson, I move that Clause 5(2) Le comite constitue en vertudu paragraphe 5 be amended. (1) presente au ministre, dans les cinq mois qui Motion: suivent sa constitution, un rapport comprenant: THAT Bill 12 be amended by renumbering section a) d'une part, une evaluation de l'efficacite du 5 as section 6 and by adding the following as section processus d'arbitrage des propositions finales; 5: b) d'autre part, des recommandations quanta Review of final offerselection by committee la question de savoir si ce processus devrait 5{ 1) Notwithstanding section 2, within 30 days of etre retabli et faire l'objet de dispositions this Act receiving royal assent, the minister shall legislatives identiques a celles prevues au designate or establish a committee to undertake a chapitre 58 des Lois du Manitoba de 1987-88 comprehensive review of the final offer selection ou faire l'objet de dispositions differentes. process as provided in An Act to Amend The Labour DepOt du rapport Relations Act, S.M. 1987-88, c.58 (R.S.M. 1987 5(3) Le ministre depose la rapport visa au Supp. c.19). paragraphe (2) devant I'Assemblee legislative immediatement ou, si elle ne siege pas, dans les Committee report quinze premiers jours de seance ulterieurs. 5(2) The committee designated or established by the minister for the purpose of subsection (1) Mr. Chairman: We are just distributing copies of shall within five months after being designated or your amendment. Is there any debate on the established, submit a report to the minister, amendment? including Mr. Steve Ashton (Thompson): Mr. Chairperson, (a) an assessment of the effectiveness of the I would like to ask the Liberal Labour Critic directly final offer selection process; and the intent of the resolution. There is discussion in (b) recommendations as to whether the final this resolution of a review of final offer selection, in offer selection process should be re-enacted this case by a committee. and given statutory form as provided under I would appreciate it if the Member would put S.M. 1987-88, c. 58, in its original form or with directly on the record where he is still modifications. suggesting-and I take it that he is, from the drafting of the amendment-that we repeal final offer Tabling of report selection on the date of proclamation which will be 5(3) The minister shall lay the report referred to in subsection (2) before the Legislative Assembly March 31, 1991. Is he suggesting, through this amendment, that afterfinal offer selection has been immediately if the Legislative Assembly is in repealed, that we would then review final offer session, or, if the Legislative Assembly is not in selection as to its merits? session, within 15 days of the beginning of the next ensuing session. Mr. Cheema: Mr. Chairperson, what I am suggesting is that this Bill will be reviewed. lt has (French version) been outlined and given to the Member. We have Motion: explained it in the past. lt is the same amendment December 13, 1990 LEGISLATIVE ASSEMBLY OF MANITOBA 48 which we were discussing in the last Session. If the night we heard some presentations, and we heard Member wants to go over it a few times more to ask in the last Session there was a line-up of me the same question, my answer is not going to presentations.We were promised we were going to change. lt is the same answer we gave in the last have more presentations.