Short title

       1.   These regulations may be cited as the Fishing Industry Collective Bargaining Regulations, 2022 .

79/22 s1

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Definition

       2.   In these regulations, "Act" means the Fishing Industry Collective Bargaining Act .

79/22 s2

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Panel

       3.   (1) For the purposes of paragraph 19.1(11)(a) of the Act, the certified bargaining agent is the Fish Food & Allied Workers Union.

           (2)  For the purposes of paragraph 19.1(11)(b) of the Act, the processors' organization is the Association of Seafood Producers.

79/22 s3

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Decision of panel

       4.   (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.

           (3)  Notwithstanding subsection (1), the panel may, before making a decision under subsection 19.11(1) of the Act, require the parties to continue bargaining for a period of time determined by the panel and return to the panel with their positions on price and conditions of sale.

           (4)  Notwithstanding subsections (1) and (2), for the purpose of subsection 19.11(1) of the Act, in making a decision

            (a)  on the price for crab, each party shall submit a proposed formula to be used to determine the price for crab and the panel shall select one party's proposal; and

           (b)  on the conditions of sale for crab, the panel shall proceed by way of arbitration.

79/22 s4; 15/24 s1

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Reconsideration

       5.   (1) In determining whether to reconsider its decision, 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 19.15(3) 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 96 hours from the time the panel has acknowledged receipt of an application for reconsideration.

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

           (5)  Notwithstanding subsection (4), the chairperson may allow a party to make one additional reconsideration application respecting the panel's decision on a species in a year where

            (a)  the party submits a request; and

           (b)  the chairperson is of the opinion that due to extraordinary circumstances the decision should be reconsidered.

           (6)  Notwithstanding subsection (1), where the application for reconsideration relates to a decision regarding crab, the only criteria the panel shall consider is whether extraordinary circumstances exist since the time the panel made its initial decision that, in the opinion of the panel, would cause significant harm to the crab industry.

           (7)  Notwithstanding subsection (2), in making a decision with respect to the conditions of sale for crab under subsection 19.15(3) of the Act, the panel shall proceed by way of arbitration.

           (8)  Subsection (5) does not apply to decisions regarding crab.

79/22 s5; 15/24 s2

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Repeal

       6.   The Fishing Industry Collective Bargaining Regulations, 2011 Newfoundland and Labrador Regulation 5/11, are repealed.

79/22 s6

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