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NEWFOUNDLAND AND LABRADOR
REGULATION 5/11

Fishing Industry Collective Bargaining Regulations, 2011
under the
Fishing Industry Collective Bargaining Act

(Filed January 13, 2011)

Under the authority of subsections 19.11(3) and 19.14(4) of the Fishing Industry Collective Bargaining Act, I make the following regulations.

Dated at St. John’s, January 13, 2011.

Joan Burke
Minister of Human Resources,
Labour and Employment (A)

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Fishing Industry Collective Bargaining Regulations, 2011.

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Decision of panel

        2. (1) For the purpose of subsection 19.11(1) of the Act, the decision of the panel shall be in accordance with one of the positions on price and conditions of sale submitted to the panel by the parties at the hearing.

             (2)  Final offer selection, the process referred to in subsection (1), shall be the form of arbitration used by the parties referred to in subsection (1) unless those parties agree that another form of arbitration is acceptable to them.

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Reconsideration

        3. (1) In determining whether the conduct of the fishery to which its decision applies is in jeopardy under subsection 19.14(3) of the Act, the panel shall consider whether market or currency factors have changed significantly from the time the panel made its initial decision.

             (2)  In making a decision under subsection 19.14(2) of the Act, final offer selection shall be the only form of arbitration used whether one or more of the parties appears before the panel respecting the reconsideration application.

             (3)  A decision respecting reconsideration shall be made by the panel within 48 hours from the time the panel has acknowledged receipt of an application for reconsideration.

             (4)  Each party may make only one reconsideration application respecting the panel's decision on a species in a year.

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Repeal

        4. The Fishing Industry Collective Bargaining Regulations, Newfoundland and Labrador Regulation 24/07, are repealed.