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Statutes of Newfoundland and Labrador 2004


CHAPTER 26

AN ACT TO AMEND THE FISHING INDUSTRY COLLECTIVE BARGAINING ACT

(Assented to June 8, 2004)

Analysis

1. S.2 Amdt.
Definitions

2. S.2.1 R&S
Application of certain provisions

3. S.8 Amdt.
Application for certification

4. S.13 Amdt.
Revocation of certification

5. S.13.7 R&S
Revocation

6. S.32.1 Amdt.
Labour Relations Act

7. Ss.35.1 to 35.13 R&S
35.1 Definitions
35.2 Minister may
establish auction
system
35.3 Price set by auction
35.4 Strikes and lockouts
prohibited
35.5 Conflicting provisions
35.6 Sunset clause

8. Commencement

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


RSNL1990 cF-18
as amended

1. Paragraph 2(1)(m.1) of the Fishing Industry Collective Bargaining Act is repealed.

 

2. Section 2.1 of the Act is repealed and the following substituted:

Application of certain provisions

2.1 Sections 13.1 to 13.9 and sections 35.1 to 35.5 apply only where fishers are represented by a certified bargaining agent.

 

3. Subsections 8(2) and (3) of the Act are repealed and the following substituted:

(2) Where a collective agreement is not in force and a bargaining agent has not been certified under this Act for the unit, the application may be made at any time.

(3) Where a collective agreement is not in force but a bargaining agent has been certified under this Act for the unit, the application may be made after the expiry of 12 months from the date of certification of the bargaining agent but not before, except with the consent of the board.

(3.1) Where a collective agreement is in force, the application may be made at any time after the expiry of 10 months of the term of the collective agreement but not before, except with the consent of the board.

 

4. Subsection 13(2) of the Act is repealed and the following substituted:

(2) The board shall not be required to accept or deal with an application to revoke the certification of a bargaining agent under subsection (1) within the period of 6 months immediately following

(a) the date of the certification of that bargaining agent;

(b) the date when a previous application to revoke the certification of that bargaining agent was refused, where a previous application was made; or

(c) the date when that bargaining agent by notice required an operator to commence collective bargaining, where a notice was given,

but the board may, where it thinks fit, accept and deal with an application of that kind.

 

5. Section 13.7 of the Act is repealed and the following substituted:

Revocation

13.7 (1) An accredited processorsí organization or one or more members of an accredited processorsí organization may apply to the board for a declaration that the accreditation of that organization is revoked.

(2) Where an application is made under subsection (1) by an accredited processors' organization, the board shall declare the accreditation of that processorsí organization revoked.

(3) Where an application is made under subsection (1) by one or more members of an accredited processor's organization, the board shall ascertain the processors in the accredited processorsí organization who, within a 2 month period immediately preceding the date of the making of the application, have voluntarily indicated in writing that they no longer wish to be represented by that organization and where the board is satisfied that

(a) processors processing the majority percentage of fish by finished product weight based on the previous calendar yearís production have voluntarily indicated in writing that they no longer wish to be represented by the accredited processorsí organization; and

(b) it can be shown that the accredited processorsí organization no longer fulfils the requirements of section 13.1 as determined on the basis of records submitted by processors to the Department of Fisheries and Aquaculture under the requirements of the Fish Inspection Act and the regulations made under that Act and the Fisheries Act in the context of obtaining licence renewal and reporting production from the previous calendar year,

the board shall declare the accreditation of the processorsí organization revoked.

 

6. Subsection 32.1(2) of the Act is repealed.

 

7. Sections 35.1 to 35.13 of the Act are repealed and the following substituted:

Definitions

35.1 In sections 35.2 to 35.5, "party" and "parties", notwithstanding paragraph 2(1)(q), means an association of fishers or a certified bargaining agent for fishers, and a processorsí organization, or an accredited processorsí organization who may or may not be bound by a collective agreement.

Minister may establish auction system

35.2 The Minister of Fisheries and Aquaculture may establish an auction system for the sale of fish.

Auction

35.3 (1) Where an auction system for the sale of fish is established by the Minister of Fisheries and Aquaculture and that minister requires the sale of a fish species by auction or the parties agree to the sale of a fish species by auction, the sale price achieved by the auction process for the fish shall be considered to be the price agreed upon for that fish by the fisher who sells the fish and the buyer of that fish by collective agreement.

(2) A fish species offered for auction under subsection (1) may be offered for a price other than a price agreed upon by collective agreement.

(3) Where a fish species is auctioned in accordance with this section, the auctioneer shall deduct from the money received for the sale of that fish an amount equivalent to the dues owing to the appropriate certified bargaining agent and shall remit that amount of money to that agent.

Strikes and lockouts prohibited

35.4 Notwithstanding sections 26, 27 and 28 or another section of this Act, where the minister requires the sale of a fish species by auction, there shall be no strike, lockout or cessation of business dealings between fishers and processors with respect to the fish species that is the subject of the auction while the auction system is in effect.

Conflicting provisions

35.5 Where there is a conflict between a provision of sections 35.1 to 35.4 and other provisions of this Act, the provision contained in sections 35.1 to 35.4 apply.

Sunset clause

35.6 Sections 35.1 to 35.5 shall cease to have effect on June 1, 2006.

Commencement

8. This Act comes into force on June 1, 2004.

 

 

 

 

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