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Statutes of Newfoundland 1997


CHAPTER 44

CHAPTER 44

AN ACT TO AMEND THE LABOUR RELATIONS ACT NO. 2

(Assented to December 19, 1997)

Analysis

1. S.2(1)(o.1) Added
Interpretation

2. S.34 Amdt.
Access order

3. Section Added
38.1 Bargaining unit for offshore platform

4. Section Added
41.1 Board to determine
appropriateness of
council

5. S.42 Amdt.
Deferral of application

6. Section Added
56.1 Mandatory employers’
organization

7. Sections Added
81.1 Arbitration of
agreement
81.2 Beginning and
termination
81.3 Terms of
agreement

8. Section Added
100.2 Contribution
precedent to strike on
platform

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


RSN1990 cL-1

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

(o.1) "licensed operator" means a person who is the holder of an operating licence issued under Part III of the Canada-Newfoundland Atlantic Accord Implementation Newfoundland Act;

2. (1) Subsection 34(1) of the Act is amended

(a) by adding immediately following the words "authorized representative" wherever they occur the words "or representatives"; and

(b) by adding immediately following the words "trade union" wherever they occur the words "or council of trade unions".

(2) Paragraph 34(2)(a) of the Act is amended by adding immediately following the words "the employees" a comma and the words "the number of authorized representatives permitted".

3. The Act is amended by adding immediately after section 38 the following:

Bargaining unit for offshore platform

38.1 (1) Where the board receives an application with respect to employees employed on an offshore petroleum production platform, the unit appropriate for collective bargaining is the unit comprising all the employees employed on the platform except those employees the board determines are employed in construction and start up on the platform.

(2) Where the board receives an application for certification with respect to employees employed on an offshore petroleum production platform in relation to construction and start up on the platform, the board shall deal with the application in accordance with section 38.

(3) For the purpose of an application for certification with respect to employees employed on an offshore petroleum production platform, the licensed operator of the platform shall be considered to be the employer of the employees for the purpose of the board’s consideration of the application.

4. The Act is amended by adding immediately after section 41 the following:

Board to determine appropriateness of council

41.1 (1) Notwithstanding section 41, where a council of trade unions applies for certification with respect to employees, other than construction and start up employees, employed on an offshore petroleum production platform, the council shall, as a condition for obtaining certification, satisfy the board that the council has a constitution that was adopted with the concurrence of each of the trade unions forming the council and that the constitution includes

(a) provisions vesting the council with the exclusive authority to apply for certification;

(b) provisions for the election of officers of the council;

(c) provisions vesting the council with the exclusive authority to negotiate, enter into and administer a collective agreement;

(d) a formula for reaching council decisions that assures that a deadlock cannot occur;

(e) a formula for ratification by bargaining unit employees of a collective agreement reached by the council and an employers’ organization and a time limit within which ratification shall take place; and

(f) a provision stating that the council and not the trade unions comprising the council shall be responsible for conducting a ratification vote, by bargaining unit employees, of a collective agreement reached between the council and an employers’ organization.

(2) The board may certify a council of trade unions as the bargaining agent in respect of employees employed on an offshore petroleum production platform where the board is satisfied that

(a) the council has a constitution that satisfies the requirements of subsection (1); and

(b) the certification would not impede

(i) workplace productivity and stability, or

(ii) the flexibility of the employer to assign work

to any greater extent than if a single union were certified.

(3) Notwithstanding subsection 36(5), where 2 or more trade unions apply under that provision for certification with respect to employees, other than construction and start up employees, employed on an offshore petroleum production platform, the application shall be considered to be the application of a council of trade unions and the provisions of this section shall apply to that application.

(4) Notwithstanding subsection 49(2), membership in good standing in the council for the purpose of an application for certification and a vote on certification under sections 38 and 47 shall be membership in good standing in the council and not only the trade unions comprising the council.

5. Section 42 of the Act is amended by adding immediately after the word and number "section 41" the word and number "or 41.1".

6. The Act is amended by adding immediately after section 56 the following:

Mandatory employers’ organization

56.1 (1) Where the board certifies a trade union or a council of trade unions as the bargaining agent for employees employed on an offshore petroleum production platform, the licensed operator of the platform shall form immediately an organization of all employers of employees affected by the application.

(2) All employers referred to in subsection (1) shall become members of the employers’ organization.

(3) The employers’ organization shall adopt a constitution including

(a) provisions authorizing the employers’ organization to negotiate, enter into and administer a collective agreement;

(b) provisions for the election or appointment of officers of the employers’ organization;

(c) a formula for reaching decisions of the employers’ organization that assures that a deadlock cannot occur; and

(d) a formula for the ratification by the employers represented by the employers’ organization of a collective agreement reached between the organization and the bargaining agent of employees employed by the employers who are members of the organization and a time limit within which ratification shall take place.

7. The Act is amended by adding immediately after section 81 the following:

Arbitration of agreement

81.1 (1) Where a trade union or a council of trade unions and an employers’ organization have been engaged in collective bargaining to conclude a first collective agreement applicable to employees employed on an offshore petroleum production platform and either party is satisfied that an agreement cannot be reached, that party may by written notice to the other party require matters in dispute to be referred to an arbitration board and those matters shall be settled by arbitration.

(2) The notice given under subsection (1) shall contain the name of the person appointed to be arbitrator by the party giving the notice.

(3) The party to whom the notice is given shall within 10 days after receiving the notice name the person who it appoints to be arbitrator and advise the party who gave the notice of the name of its appointee.

(4) The 2 arbitrators named in accordance with this provision shall within 10 days after the appointment of the second of them name a third arbitrator and he or she shall be the chairperson of the arbitration board.

(5) Where the party to whom notice is given fails to name an arbitrator within the period of 10 days after receiving the notice or where the 2 arbitrators named by the parties fail to agree upon the naming of the chairperson within 10 days after the naming of the second arbitrator, the minister shall, on the request of either party, name an arbitrator on behalf of the party who failed to name an arbitrator, or shall name the chairperson and, where the case so requires, the minister shall name the second arbitrator and the chairperson.

(6) The decision of the majority of the members of the board of arbitrators is the decision of the board and, where there is no majority decision, the decision of the chairperson shall be the decision of the board.

(7) Each party shall assume its own costs of the arbitration proceedings and shall share the cost of the third arbitrator equally.

(8) Where a trade union or a council of trade unions and an employers’ organization referred to in this section so agree, a single arbitrator satisfactory to the parties may be appointed instead of an arbitration board, and where a single arbitrator is appointed under this subsection, the arbitrator has the powers and duties conferred and imposed on an arbitration board formed in accordance with this section, and reference to a board of arbitration in these provisions shall be considered reference to a single arbitrator appointed in accordance with this subsection.

Beginning and termination

81.2 The board of arbitrators shall begin the arbitration proceedings within 30 days after it is constituted and shall deliver the decision or award within 60 days after the beginning of the arbitration proceedings, but this latter period may be extended by written agreement of the parties concerned or by the Labour Relations Board on the application of one of the parties, in which event the decision or award shall be delivered within that extended period which extended period in the case of an application to the Labour Relations Board shall not be greater than 60 days.

Term of agreement

81.3 Notwithstanding section 83, a collective agreement arrived at under sections 81.1 and 81.2 shall be effective for a period of 3 years or the longer period that the parties may agree to.

8. The Act is amended by adding immediately after section 100.1 the following:

Condition precedent to strike on platform

100.2 (1) Notwithstanding another provision of this Part, a trade union, or a council of trade unions, or person shall not declare or authorize a strike and an employee shall not strike, and an employer shall not lockout its employees, until the parties to a collective agreement in relation to an offshore petroleum production platform have entered into an agreement setting out work force requirements and procedures necessary to ensure the orderly and safe shutdown and maintenance of the platform in the event of a strike or lock-out of employees employed on the platform.

(2) Where the parties to which subsection (1) applies have not reached an agreement required under subsection (1) 90 days prior to the expiry of a collective agreement between the parties, either party may apply to the board and after the examination that the board considers necessary the board may settle the terms and conditions of the agreement.

(3) An agreement entered into under subsection (1) or settled by the board under subsection (2) is binding on the parties to it or affected by it, notwithstanding the expiry of the collective agreement between the parties.

(4) In this section

(a) "employees" means employees employed on an offshore petroleum production platform other than construction and start up employees; and

(b) "employer" means an employer who is a member of the employers’ organization formed under section 56.1.

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