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Statutes of Newfoundland and Labrador 2006


CHAPTER 46

AN ACT TO AMEND THE LABOUR
RELATIONS ACT

(Assented to December 12, 2006)

Analysis


        1.   S.6(9) Added
Continuation of board

        2.   S.9.3 Amdt.
Role of chairperson and vice-chairperson

        3.   S.18 Amdt.
Powers of board

        4.   S.19(3) Added
Effect of decision

        5.   S.19.1 Added
Review of bargaining unit

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

        7.   S.30(4) R&S
Right to membership hearing

        8.   S.51.1(1) R&S
Revocation vote

        9.   S.82 R&S
Presentation of evidence

      10.   S.89(1) R&S
Questions referred to board

      11.   S.122 Amdt.
Making complaints

      12.   S.123(6) Rep.
Directives of board re complaints

      13.   S.130 R&S
Complaints of employees to board


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

RSNL1990 cL-1
as amended

        1. Section 6 of the Labour Relations Act is amended by adding immediately after subsection (8) the following:

             (9)  Where the term of office of a person appointed under subsection (3) or (4) expires, he or she continues to be a member of the board until he or she is reappointed or replaced.

 

        2. (1) Section 9.3 of the Act is amended by adding immediately after subsection (1) the following:

          (1.1)  The chairperson, or the vice-chairperson, when the matter is referred to him or her by the chairperson, may alone determine a matter that comes before the board with respect to

             (a)  an uncontested application or question;

             (b)  notwithstanding the reference to the board in subsection 47(5) or 51.1(4), a request for an extension of time for taking a vote; and

             (c)  preliminary questions of evidence or procedure.

             (2)  Section 9.3 of the Act is amended by striking out the brackets and the word and number "subsection (1)" in subsections (2), (3), (4) and (5) and substituting the words, numbers and brackets "subsection (1) or (1.1)".

 

        3. Section 18 of the Act is amended by adding immediately after paragraph (a) the following:

          (a.1)  order pre-hearing procedures, including pre-hearing conferences;

          (a.2)  compel, at any stage of a proceeding, a person to provide information or produce the documents or things that may be relevant to a matter before it, after providing the parties an opportunity to make representations;

 

        4. Section 19 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  An application to the board for the review, rescission, amendment, alteration or variation of an order or decision of the board or a panel under subsection (2) shall be made within 6 months of the making of the original order or decision or the longer period the board considers appropriate in the circumstances.

 

        5. The Act is amended by adding immediately after section 19 the following:

Review of bargaining unit

   19.1 (1) On application by an employer or a bargaining agent, the board may review the structure or composition of a bargaining unit to determine whether the bargaining unit continues to be appropriate for collective bargaining or whether it is appropriate to include or exclude positions from the bargaining unit.

             (2)  For the purpose of subsection (1) the board may

             (a)  determine which trade union shall be the bargaining agent for the employees in each bargaining unit that results from the review;

             (b)  amend a certification order or description of a bargaining unit contained in a collective agreement;

             (c)  where more than one collective agreement applies to employees in a bargaining unit, decide which collective agreement is in force;

             (d)  amend, to the extent that the board considers necessary, the provisions of collective agreements;

             (e)  where the conditions of section 98 have been met with respect to some of the employees in a bargaining unit, decide which terms and conditions of employment apply to those employees until the time that a collective agreement becomes applicable to the unit or the conditions of section 98 are met with respect to that unit; and

              (f)  authorize a party to a collective agreement to give notice to bargain collectively.

             (3)  Subsection 19(3) does not apply to an application under this section.

 

        6. Subsection 21(3) of the Act is amended by adding immediately after the word and figure "section 18.1" the words and figure "or section 123".

 

        7. Subsection 30(4) of the Act is repealed and the following substituted:

             (4)  The board shall investigate complaints made to it under subsection (3), and may give to the trade union and the employee concerned an opportunity to be heard and to cross-examine all witnesses not called by him or her.

 

        8. Subsection 51.1(1) of the Act is repealed and the following substituted:

Revocation vote

   51.1 (1) Where an application

             (a)  to revoke the certificate of a bargaining agent under paragraph 51(1)(a); or

             (a)  to terminate the bargaining rights of the bargaining agent under paragraph 51(1)(b)

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.

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

 

        9. Section 82 of the Act is repealed and the following substituted:

Presentation of evidence

      82. In settling terms and conditions under section 81, the board may give the parties an opportunity to present evidence and make representations, and may take into account

             (a)  the extent to which the parties have, or have not, bargained in good faith in an effort to conclude a first collective agreement;

             (b)  terms and conditions of employment negotiated through collective bargaining for comparable employees performing the same or similar functions in the same or related circumstances; and

             (c)  other matters that the board considers will help it in arriving at terms and conditions that are fair and reasonable in the circumstances.

 

      10. Subsection 89(1) of the Act is repealed and the following substituted:

Questions referred to board

      89. (1) Where a question arises in connection with a matter that has been referred to an arbitration board relating to the existence of a collective agreement, or the identification of the parties or employees bound by a collective agreement, the arbitration board may refer the question to the board for a hearing and determination and the board may hold a hearing.

 

      11. Paragraph 122(3)(b) of the Act is repealed and the following substituted:

             (b)  that a party to collective bargaining is in contravention of section 75.

 

      12. Subsection 123(6) of the Act is repealed.

 

      13. Section 130 of the Act is repealed and the following substituted:

Complaints of employees to board

   130. (1) An employee in a bargaining unit, who claims to be aggrieved because his or her bargaining agent has acted in a manner that is arbitrary or discriminatory or in bad faith in the handling of a grievance that he or she has filed or attempted to file with that bargaining agent in accordance with a procedure that has been established by the bargaining agent may make a written complaint to the board.

             (2)  A complaint made under subsection (1) shall be made within 90 days from the date on which the complainant knew or, in the opinion of the board, ought to have known, of the action or circumstances, giving rise to the complaint.

             (3)  The board shall investigate a complaint made to it under subsection (1) and determine whether the bargaining agent acted in a manner that was arbitrary or discriminatory or in bad faith.

             (4)  A provision in this Act or a collective agreement that limits the time in which a grievance or arbitration proceeding shall begin or a decision made does not apply where a matter is referred to the board under this section.

             (5)  Where, on investigation of a complaint in accordance with subsection (3), the board finds that the bargaining agent acted in a manner that was arbitrary or discriminatory or in bad faith, the board shall direct that bargaining agent to take those steps that the board thinks appropriate in the circumstances.

             (6)  Where a collective agreement expires before a complaint is made to the board under subsection (1), or where a collective agreement expires before the board completes its investigation, the board may order the bargaining agent to compensate the employee to a reasonable extent that the board may prescribe.