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Statutes of Newfoundland 1993


CHAPTER 58

CHAPTER 58

AN ACT TO AMEND THE LABOUR RELATIONS ACT

(Assented to December 17, 1993)

Analysis

1. S.47 R&S
Taking of votes and ballot

2. S.51(2) Amdt.
Revocation of certification

3. S.51.1 Added
Revocation vote

4. S.100.1 Added
Strike vote mandatory

5. Commencement

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


RSN1990 cL-1 as amended

1. The Labour Relations Act is amended by repealing section 47 and substituting the following:

Taking of votes and ballot

47. (1) Where an application for certification is supported by not less than 40% of the employees in the unit to which the application relates, the board shall take a vote of the employees in the unit to determine their wishes with respect to the certification of the applicant trade union as their bargaining agent.

(2) Notwithstanding subsection (1), the board is not required to take a vote where the trade union and the employer in the unit to which the application relates jointly request that the board not take a vote.

(3) A vote taken as required by this section shall be taken at the time and place, or by mail, as the board determines.

(4) Where a vote is taken it shall be taken no more than 5 days after receipt by the board of the application for certification.

(5) Notwithstanding subsection (4), where a vote is taken in exceptional circumstances as determined by the board, the board may extend the time for the taking of the vote by the number of days which it considers appropriate.

(6) Where a vote is taken under subsection (1), the board shall remove and destroy, without counting, the ballots cast by persons who are not employees in the unit to which the application relates.

(7) The board may order costs with respect to the vote under this section against the appropriate person, where, in the opinion of the board, the application was frivolous or vexatious.

(8) The board is bound by the outcome of a vote taken under this section except where the board determines that the procedure under this section has been influenced by intimidation, threat of dismissal or other kind of threat or coercion.

(9) With respect to an application for certification as a bargaining agent, the board shall adhere to the date of the application as the operative date for determining support on the basis of membership records.

2. Subsection 51(2) of the Act is amended by adding immediately after the words "where on the direction of the board a vote is taken" the words "or where a vote is held under section 51.1".

3. The Act is further amended by adding immediately after section 51 the following:

Revocation vote

51.1 (1) Where an application to revoke the certificate of a bargaining agent is supported by not less than 40% of the employees in the unit to which the application relates, the board shall take a vote to determine the wishes of the employees in the unit.

(2) A vote taken as required by this section shall be taken at the time and place, or by mail, as the board determines.

(3) A vote taken under this section shall be taken no more than 5 days after receipt by the board of the application for revocation of certification.

(4) Notwithstanding subsection (3), where a vote is taken in exceptional circumstances as determined by the board, the board may extend the time for the taking of the vote by the number of days which it considers appropriate.

(5) Where a vote is taken under subsection (1), the board shall remove and destroy, without counting, the ballots cast by persons who are not employees in the unit to which the application relates.

(6) The board may order costs with respect to a vote under this section against the appropriate person, where, in the opinion of the board, the application was frivolous or vexatious.

(7) The board is bound by the outcome of a vote taken under this section except where the board determines that the procedure under this section has been influenced by intimidation, threat of dismissal or other kind of threat or coercion.

4. The Act is further amended by adding immediately after section 100 the following:

Strike vote mandatory

100.1 (1) Notwithstanding another provision of this Part, a trade union or person shall not declare or authorize a strike and an employee shall not strike until after a vote has been taken by secret ballot of the employees in the unit affected as to whether to strike and a majority of the employees voting have voted in favour of a strike.

(2) Notwithstanding another provision of this Part, a council of trade unions formed under section 70.8 shall not declare or authorize a strike and an employee shall not strike until each trade union forming the council of trade unions has taken a vote under subsection (1) and a majority of those trade unions have been given a mandate by the employees who they represent to declare or authorize a strike.

(3) The strike vote required by subsection (1) or (2) is in addition to the other conditions precedent to a strike contained in this Part.

(4) A strike vote taken as required by this section shall be conducted in such a manner, whether by mail or otherwise, that those employees entitled to vote have ample opportunity to cast their ballots.

Commencement

5. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

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