2008 BILL 23

	23


First Session, 46th General Assembly 57 Elizabeth II, 2008
BILL 23
AN ACT TO AMEND THE LABOUR RELATIONS ACT
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE SHAWN SKINNER Minister of Human Resources, Labour and Employment
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Labour Relations Act to establish the Labour Management Arbitration Committee.

Clause 1 of the Bill would amend the Act to add a definition of the Labour Management Arbitration Committee.

In clause 2 of the Bill, the Act would be amended by adding sections 91.1 to 91.6. The proposed section 91.1 would establish and prescribe the membership of the Labour Management Arbitration Committee.

The proposed section 91.2 would prescribe the terms of members and the operations of the arbitration committee.

In the proposed section 91.3, the powers and duties of the arbitration committee would be prescribed. The proposed section 91.4 would require that the roster of arbitrators who, in the opinion of the committee, are qualified to be arbitrators under a collective agreement or under the Act, be provided to and kept on file with the minister.

The proposed section 91.5 would provide that an action does not lie against the arbitration committee or a member of the arbitration committee for anything done or omitted to be done in good faith in exercising a power or carrying out a duty under the Act.

The proposed section 91.6 would allow the Lieutenant-Governor in Council to make regulations prescribing the employer, labour and arbitrator organizations from which the arbitration committee may be constituted.

A BILL

AN ACT TO AMEND THE LABOUR RELATIONS ACT

Analysis

1. S.2 Amdt.
Interpretation

        2. Ss.91.1-91.5 Added
91.1 Arbitration committee
91.2                       Term of members and
        operation of committee
91.3 Powers and duties of
        the committee
91.4                       Roster
91.5 Action barred
91.6 Regulations

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-1
as amended

1. Subsection 2(1) of the Labour Relations Act is amended by adding immediately after paragraph (a) the following:

(a.1) "arbitration committee" means the Labour Management Arbitration Committee;

2. The Act is amended by adding immediately after section 91 the following:

Arbitration committee

91.1 (1) There shall be established a committee to be known as the Labour Management Arbitration Committee.

(2) The arbitration committee shall promote the establishment and the maintenance of a high quality and effective arbitration process for arbitrations conducted under collective agreements and under this Act.

(3) Organizations prescribed in the regulations representing labour and employers and representatives of arbitrators, or where one is formed, an organization representing arbitrators prescribed in the regulations shall choose those persons as prescribed in subsection (4) to constitute the arbitration committee.

(4) The arbitration committee shall be composed of 9 members of whom

(a) 3 persons shall represent labour;

(b) 3 persons shall represent employers, including one person appointed by the minister who shall represent government as an employer;

(d) one person appointed by the minister who shall represent government in an unofficial capacity.

Term of members and operation of committee

91.2 (1) A member of the arbitration committee shall serve for a term of up to 3 years.

(2) Notwithstanding subsection (1), a member of the arbitration committee shall continue to serve on the arbitration committee following the expiration of the member's term until a successor has been chosen, and following the expiration of a member's term he or she may serve for one additional term of up to 3 years.

(3) The arbitration committee shall be led by 2 co-chairpersons who shall be elected by internal vote of the arbitration committee, but at all times there shall be a co-chairperson who represents labour and a co-chairperson who represents employers.

(4) Meetings of the arbitration committee shall be scheduled at the call of the co-chairpersons, but there shall be no fewer than 4 meetings in a calendar year.

(5) A quorum of the arbitration committee shall be 5 members, with at least one representative each of labour, employers, and arbitrators.

(6) Where a vote is required to be taken in respect of a decision of the arbitration committee, the decision shall be made on the basis of a majority vote of the members of the committee in attendance, but where there is a tie vote, that vote shall be considered to be defeated.

(7) The member of the arbitration committee referred to in paragraph 91.1(4)(d) shall be a non-voting member of the committee and shall not be counted for a quorum of the committee.

Powers and duties of the committee

91.3 (1) The arbitration committee shall

(a) establish educational and experience standards for arbitrators;

(b) oversee qualification and training processes for arbitrators who conduct arbitrations under this Act, including ongoing qualification assessment and training processes;

(c) establish and maintain a roster of persons who, in the opinion of the arbitration committee, are qualified to conduct arbitrations under collective agreements and this Act; and

(d) undertake those other actions which, in the opinion of the arbitration committee, promote the effectiveness and quality of arbitrations.

(2) The arbitration committee may develop policies and procedures relating to its operations and to carry out its duties under subsection (1).

Roster

91.4 The roster of arbitrators referred to in paragraph 91.3(1)(c) shall be provided by the arbitration committee to the minister for the purpose of ministerial appointments under this Act or a collective agreement, and shall remain on file with the minister and be available to the public for viewing at all reasonable times.

Action barred

91.5 An action or other proceeding does not lie against the arbitration committee or a member of the arbitration committee for anything done or omitted to be done in good faith in the course of exercising a power or carrying out a duty under this Act.

Regulations

91.6 The Lieutenant-Governor in Council may make regulations prescribing the employer, labour and arbitrator organizations from which the arbitration committee may be constituted.