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Statutes of Newfoundland and Labrador 2006


CHAPTER 50

AN ACT TO AMEND THE FISHING INDUSTRY COLLECTIVE BARGAINING ACT NO. 2

(Assented to December 12, 2006)

Analysis


        1.   S.2 Amdt.
Interpretation

        2.   S.13.6 Amdt.
Binding effect

        3.   S.19.8 Amdt.
Time limit for agreement

        4.   S.19.9 Amdt.
Panel to establish agreement

        5.   S.19.10 Amdt.
Where no collective bargaining occurs

        6.   S.19.11 R&S
Settlement of dispute by panel

        7.   S.19.14 R&S
19.14 Panel may
          reconsider a
          decision
19.15 Sections apply


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

RSNL1990 cF-18
as amended

        1. Subsection 2(5) of the Fishing Industry Collective Bargaining Act is amended by striking out the words "Labrador Inuit Land Claims Area" and substituting the words "Labrador Inuit Settlement Area".

 

        2. Subsection 13.6(1) of the Act is amended by adding immediately after the words "a processor" the words "in the province".

 

        3. (1) Subsection 19.8(1) of the Act is amended by adding immediately after the words "all processors" the words "in the province".

             (2)  Subsection 19.8(2) of the Act is amended by adding immediately after the words "all processors" the words "in the province".

 

        4. (1) Subsection 19.9(1) of the Act is amended by adding immediately after the words "all processors" the words "in the province".

             (2)  Subsection 19.9(3) of the Act is amended by adding immediately after the words "all other processors" the words "in the province".

 

        5. Section 19.10 of the Act is amended by adding immediately after the words "all other processors" the words "in the province".

 

        6. Section 19.11 of the Act is repealed and the following substituted:

Settlement of dispute by panel

       19.11  (1) Notwithstanding subsection 19.9(3), where the parties to collective bargaining are a certified bargaining agent and an accredited processors' organization or a processors' organization that represents processors in the province that process the majority percentage of a fish species and those parties appear before the panel under subsection 19.9(2), the panel shall hear and consider their positions on price and conditions of sale and shall, in accordance with the regulations, make a decision with respect to the matters in dispute between the parties relating to price and conditions of sale.

             (2)  The panel shall notify the parties of its decision not later than 3 days before the normally scheduled opening date of the fishery concerned and the decision of the panel is final and binding on the parties and on all other processors in the province that process that species of fish to which the panel's decision relates and constitutes a collective agreement or part of a collective agreement between them.

             (3)  The minister may make regulations

             (a)  establishing the method that the panel shall apply in making a decision under subsection (1) or delegating to the panel the authority to establish its own method; and

             (b)  generally respecting the powers and duties of the panel in making a decision under this section.

 

        7. Section 19.14 of the Act is repealed and the following substituted:

Panel may reconsider a decision

19.14 (1) A certified bargaining agent, an accredited processors' organization or a processors' organization that represents processors that produce the majority percentage of a fish species may apply to the panel to reconsider a decision respecting price and conditions of sale.

             (2)  On an application to it under subsection (1), the panel may reconsider its decision and may confirm or vary the decision taking into consideration criteria that it may establish.

             (3)  Notwithstanding subsection (2), the panel shall only reconsider its decision where it believes the failure to do so would jeopardize the conduct of the fishery to which its decision applies.

Sections apply

19.15 Where there is a conflict between the other provisions of this Act and sections 19.1 to 19.14, sections 19.1 to 19.14 apply.