This is an official version. Copyright ©2022: Kings's Printer, Important Information
Newfoundland and Labrador NEWFOUNDLAND AND LABRADOR Fishing
Industry Collective Bargaining Regulations, 2022 (Filed November 9, 2022) Under the authority of sections 19.1, 19.11 and 19.15 of the Fishing Industry Collective Bargaining Act, I make the following regulations. Dated at St. John’s, November 4, 2022. Bernard Davis REGULATIONS Analysis 1. Short title 2. Definition 3. Panel 4. Decision of panel 5. Reconsideration 6. Repeal Short title 1. These regulations may be cited as the Fishing Industry Collective Bargaining Regulations, 2022. Definition 2. In these regulations, "Act" means the Fishing Industry Collective Bargaining Act. Panel 3. (1) For the purposes of paragraph 19.1(11)(a) of the Act, the certified bargaining agent is the Fish Food & Allied Workers Union. (2) For the purposes of paragraph 19.1(11)(b) of the Act, the processors' organization is the Association of Seafood Producers. Decision of panel 4. (1) For the purpose of subsection
19.11(1) of the Act, the decision of the panel shall
be in accordance with one of the positions on price and conditions of sale
submitted to the panel by the parties at the hearing. (2) Final offer selection, the process referred to in
subsection (1), shall be the form of arbitration used by the parties referred
to in subsection (1) unless those parties agree that another form of
arbitration is acceptable to them. (3) Notwithstanding subsection (1), the panel may, before making a decision under subsection 19.11(1) of the Act, require the parties to continue bargaining for a period of time determined by the panel and return to the panel with their positions on price and conditions of sale. Reconsideration 5. (1) In
determining whether to reconsider its decision, the panel shall consider
whether market or currency factors have changed significantly from the time the
panel made its initial decision. (2) In making a decision under subsection 19.15(3) of the Act,
final offer selection shall be the only form of arbitration used whether one or
more of the parties appears before the panel respecting the reconsideration
application. (3) A decision respecting reconsideration shall be made by the
panel within 96 hours from the time the panel has acknowledged receipt of an
application for reconsideration. (4) Each party may make
only one reconsideration application per year respecting a decision of the
panel on a species. (5) Notwithstanding subsection (4), the chairperson may allow a party to make one additional reconsideration application respecting the panel's decision on a species in a year where (a) the party submits a request; and (b) the chairperson is of the opinion that due to extraordinary circumstances the decision should be reconsidered. Repeal 6. The Fishing Industry Collective Bargaining Regulations, 2011 Newfoundland and Labrador Regulation 5/11, are repealed. ©King's Printer |