This is an official version.

Copyright © 2001: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland and Labrador 2001


Statutes of Newfoundland and Labrador 2001 Chapter 12

CHAPTER 12

AN ACT TO AMEND THE LABOUR
RELATIONS ACT

(Assented to May 24, 2001)

Analysis

1. S.18 Amdt.
Powers of board

2. S.18.1 Added
Unlawful strikes and lockouts

3. S.21 Amdt.
Filing of orders in Supreme Court

4. S.70 Amdt.
Declaration of special projects

5. S.85 Amdt.
Voluntary agreement

6. Ss.124 to 126 R&S
124. Failure to comply with
directives
125. Illegal lockout
126. Illegal strike

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


RSN1990 cL-1
as amended

1. Paragraph 18(k) of the Labour Relations Act is amended by deleting the word "or" at the end of subparagraph (viii), by deleting the period at the end of subparagraph (ix) and substituting a comma and the word "or" and by adding immediately after subparagraph (ix) the following:

(x) an unlawful strike or lockout has occurred or been declared, authorized or threatened.

 

2. The Act is amended by adding immediately after section 18 the following:

Unlawful strikes and lockouts

18.1 (1) Where, on the complaint of a trade union, council of trade unions, employer or employers’ organization, the board is satisfied that

(a) a trade union or council of trade unions declared or authorized or threatened to declare or authorize an unlawful strike;

(b) an officer, official or agent of a trade union or council of trade unions counselled or procured or supported or encouraged an unlawful strike or threatened an unlawful strike;

(c) an employee has engaged in or threatened to engage in an unlawful strike; or

(d) a person has done or is threatening to do an act that the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike,

the board may declare that an action referred to in paragraphs (a) to (d) has occurred and may direct the action a person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or the threat of an unlawful strike.

(2) Where, on the complaint of a trade union, council of trade unions, employer or employers’ organization, the board is satisfied that

(a) an employer or employers’ organization declared or authorized or threatened to declare or authorize an unlawful lockout or locked out or threatened to lock out employees; or

(b) an officer, official or agent of an employer or employers’ organization counselled or procured or supported or encouraged an unlawful lockout or threatened an unlawful lockout,

the board may declare that the action referred to in paragraph (a) or (b) has occurred and may direct the action a person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful lockout or the threat of an unlawful lockout.

(3) A directive issued under subsection (1) or (2) is binding upon the person, employee, employer, employers’ organization, trade union, council of trade unions and their officers, officials or agents to whom it is directed with respect to a strike or lockout referred to in that directive and a future strike or lockout that occurs for the same or substantially the same reason.

 

3. Section 21 of the Act is amended by adding immediately after subsection (2) the following:

(3) Notwithstanding subsection (1), where a directive made by the board under section 18.1 is not complied with, a person, employee, employer, employers’ organization, trade union, council of trade unions and their officers, officials or agents affected by that directive may file a copy of the directive, exclusive of reasons, with the Registrar of the Supreme Court and, once filed with the Registrar, that directive is enforceable as a judgment or order of the Supreme Court.

 

4. (1) Subsections 70(1), (2) and (3) of the Act are repealed and the following substituted:

Declaration of special projects

70. (1) The Lieutenant-Governor in Council may by order

(a) declare an undertaking that is a special project within the meaning of paragraph 2(1)(u) to be a special project under this Act, and the project so declared is a special project for all the purposes of this Act; or

(b) notwithstanding paragraph 2(1)(u), declare an undertaking for the construction or fabrication of works at the Bull Arm site, including all ancillary work and services, to be a special project and the project so declared is a special project for all the purposes of this Act.

(2) The Lieutenant-Governor in Council may, with respect to an order made under subsection (1), prescribe

(a) the geographic site to which the declaration relates;

(b) the employers, employers’ organizations, trade unions and councils of trade unions that may be involved in collective bargaining relating to employment on the special project;

(c) the bargaining unit for the purpose of the special project;

(d) that a collective agreement is the collective agreement for the purpose of the special project; and

(e) those conditions and qualifications with respect to any aspect of the special project that the Lieutenant-Governor in Council considers necessary or desirable.

(2) Subsection 70(5) of the Act is repealed and the following substituted:

(5) Where an undertaking is declared a special project, employees who work under the provisions of a collective agreement in relation to the work at the special project site may not be included as members in good standing of the trade union or employees in a unit for the purposes of a vote under section 38 and the board may not consider those employees in determining whether or not a trade union may be certified.

(3) Section 70 of the Act is amended by adding immediately after subsection (6) the following:

(7) Where the Lieutenant-Governor in Council has made an order with respect to a special project under paragraph (1)(b),

(a) a collective agreement proposed or entered into with respect to that special project shall not contain a provision that authorizes an employee to; and

(b) an employee employed with respect to that special project shall not,

refuse to perform work for his or her employer because other work was or will be performed or was not performed by a person or class of persons who were not or are not members of a trade union or a particular trade union.

(8) A provision of a collective agreement with respect to an undertaking to which paragraph (1)(b) applies that authorizes an employee to refuse to perform work for his or her employer because other work was or will be performed or was not performed by a person or class of persons who were not or are not members of a trade union or a particular trade union, is void.

(9) An employers’ organization that may be prescribed under paragraph (2)(b) shall have a constitution that includes all of the following:

(a) the exclusive authority to negotiate, enter into, and administer collective agreements;

(b) provisions that provide for the election or appointment of its officers;

(c) a formula for reaching decisions that assures that a deadlock cannot occur; and

(d) a formula for the ratification by the employers represented by the employers’ organization, of collective agreements reached between the organization and a trade union or council of trade unions prescribed as a party to collective bargaining on a special project and a time limit within which ratification shall take place.

(10) A council of trade unions that may be prescribed under paragraph (2)(b) shall have a constitution adopted with the agreement of each of the trade unions that are members of that council and that constitution shall include all of the following:

(a) provisions that vest the council with the exclusive authority to negotiate, enter into and administer collective agreements;

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

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

(d) provisions for final, binding and expeditious resolution of jurisdictional disputes without a stoppage of work;

(e) provisions requiring bargaining unit employees to be members in good standing of the council; and

(f) a formula for the ratification by a majority of the members of the trade unions that comprise the council, of collective agreements reached between the council and an employer or employers’ organization prescribed as a party to collective bargaining on a special project and a time limit within which the ratification must occur.

(11) Where an undertaking has been declared by order to be a special project under subsection (1), the minister, an employer, employers’ organization, trade union or council of trade unions may apply to the board for a determination as to whether

(a) a person is an employer or an employee;

(b) an organization or association is an employers’ organization and if so, whether that employers’ organization is in compliance with subsection (9);

(c) an organization or association is a trade union or a council of trade unions and if it is a council of trade unions, whether that council is in compliance with subsection (10); and

(d) a collective agreement has been entered into.

(12) The board may, with respect to an undertaking declared by order to be a special project under subsection (1), hear and decide upon complaints made to it with respect to or under sections 18.1, 30 and 130.

 

5. Section 85 of the Act is amended by adding immediately after the word "determined" the words "or declared".

 

6. Sections 124, 125 and 126 of the Act are repealed and the following substituted:

Failure to comply with directives

124. A person, employee, employer, employers’ organization, trade union or council of trade unions who fails to comply with an order of the board made under section 30 or a directive of the board made under section 18.1 or 123 is guilty of an offence and liable on summary conviction

(a) in the case of a corporation, trade union, council of trade unions or employers’ organization, to a fine not exceeding $5,000; or

(b) in the case of an individual, to a fine not exceeding $500.

Illegal lockout

125. (1) An employer or employers’ organization that declares or causes a lockout contrary to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 for each day that the lockout exists.

(2) A person acting on behalf of an employer who declares or causes a lockout contrary to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.

Illegal strike

126. (1) A trade union or council of trade unions that declares or causes a strike contrary to this Act, is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 for each day that the strike exists.

(2) An officer or representative of a trade union who authorizes or participates in the taking of a strike vote of employees or declares or authorizes a strike contrary to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.

(3) An employee of an employer who participates in or goes on strike contrary to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000.

 

 

 

 

 

 

 

 

 

 

©Earl G. Tucker, Queen's Printer