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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 745/96

Labour Relations Board Rules of Procedure
under the
Labour Relations Act
(O.C. 96-297)

Amended by:

73/01
2001 c42 s45
61/05
87/07
52/14
86/14
106/14

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 745/96

Labour Relations Board Rules of Procedure
under the
Labour Relations Act
(O.C. 96-297)

Under the authority of section 22 of the Labour Relations Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following rules.

RULES

Analysis


       
1.   Short title

       
2.   Interpretation

       
3.   Application

       
4.   Scope of rules

              PART I
GENERAL RULES OF APPLICATIONS

       
5.   Applications, replies, interventions

       
6.   Forms

       
7.   Copies to parties

       
8.   Intervening

       
9.   Contents of reply

     
9.1   Response to a reply

     
10.   Copy of reply to applicant

     
11.   Copies to parties

     
12.   Notice

     
13.   Notice of application to employees

     
14.   Meetings

     
15.   Enlarging or abridging time

   
15.1   Presumed withdrawal

     
16.   Decisions of the board

     
17.   Amendment or consolidation of proceedings

     
18.   Time for filing second application

     
19.   Time of filing of constitution

     
20.   Responsibilities of chief executive officer and secretary

     
21.   Compliance with request for information

     
22.   Summons to give evidence

     
23.   Filing of order

     
24.   Request to file a board order

     
25.   Request to file a board directive

     
26.   Representation votes

     
27.   Pre-hearing conferences

     
28.   Hearing procedure

              PART II
SPECIFIC RULES FOR APPLICATIONS

     
29.   Unfair denial of membership

     
30.   Applications respecting access to employees

     
31.   Rep. by 86/14 s5

     
32.   Matters under subsection 89(1) of Labour Relations Act

     
33.   Sale of business

     
34.   Successor rights

     
35.   Change of name of a trade union

     
36.   Complaint respecting unfair practices

   
36.1   Complaints re: unlawful strikes and lockouts

   
36.2   Reply

     
37.   Failure to act in good faith

     
38.   Review of orders and decisions

     
39.   Application for certification as bargaining agent

     
40.   Application for revocation of certification

     
41.   Application for termination of bargaining rights

     
42.   Application for accreditation of bargaining agent

     
43.   Application for revocation of bargaining agent accreditation

     
44.   Application for final settlement provision

     
45.   Reference or application to the board

     
46.   First agreement referral

     
47.   Common employer

     
48.   Jurisdictional umpire

     
49.   Member in good standing

     
50.   Votes of employees

     
51.   Votes of employers

     
52.   Request for appointment of conciliation officer

     
53.   Application contents

     
54.   Essential employees

     
55.   Signing of notices

     
56.   Transition

     
57.   Repeal


Short title

        1. These rules may be cited as the Labour Relations Board Rules of Procedure.

42/94 s1

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Interpretation

        2. (1) In these rules

             (a)  "Act" means the Labour Relations Act , the Public Service Collective Bargaining Act , the Fishing Industry Collective Bargaining Act , the Interns and Residents Collective Bargaining Act and the Teachers' Collective Bargaining Act ;

             (b)  "application" includes a complaint;

             (c)  "chairperson" means chairperson of the board;

             (d)  "chief executive officer" means chief executive officer of the board;

             (e)  "party" includes a person, applicant, complainant, corporation, partnership, employer, employers' organization, trade union or council of trade unions, employee organization, association, operator, fisher, teachers, operator's organization and includes those served with an application or those added by the board under section 7;

             (f)  "respondent" means the party named in an application as a respondent or added as a respondent by the board under section 7; and

             (g)  "secretary" means secretary of the board.

             (2)  The definitions in section 2 of the Labour Relations Act, the Public Service Collective Bargaining Act, the Fishing Industry Collective Bargaining Act, the Teachers' Collective Bargaining Act and the Interns and Residents Collective Bargaining Act apply to these rules.

42/94 s3

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Application

        3. Unless otherwise specified, these rules apply to the following Acts:

             (a)  the Labour Relations Act;

             (b)  thePublic Service Collective Bargaining Act;

             (c)  theFishing Industry Collective Bargaining Act;

             (d)  theInterns and Residents Collective Bargaining Act; and

             (e)  theTeachers' Collective Bargaining Act.

42/94 s2

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Scope of rules

        4. These rules govern the procedure of the board.

42/94 s4

PART I
GENERAL RULES OF APPLICATIONS

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Applications, replies, interventions

        5. Unless the board otherwise directs, every application, reply and intervention shall be filed in writing with the board and the application, reply or intervention shall be verified by affidavit or statutory declaration of the party submitting it.

42/94 s5

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Forms

        6. (1) Unless the board otherwise directs, the forms used in proceedings before the board shall be those prescribed by the board.

             (2)  Copies of these forms may be obtained from the chief executive officer.

42/94 s6; 2001 c42 s45; 86/14 s1

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Copies to parties

        7. (1) When an application is made to the board, the board shall give notice and send a copy of the application to the respondent and to another party named in the application and to a party known by the chief executive officer to be affected by the application.

             (2)  The respondent shall file with the board a reply to the application which complies with section 8 within 10 calendar days after receipt of a copy of the application.

42/94 s7

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Intervening

        8. (1)The board may afford an opportunity to an interested party to present oral or written evidence or make oral or written representations on any or all of the matters at issue in a proceeding before it.

             (2)  A party desiring to intervene in an application to the board shall

             (a)  if they have not already received a copy of the application, request the board to provide them with a copy; and

             (b)  file with the board a reply to the application within 10 calendar days after receipt of a copy of the application, the contents of which are specified in section 9.

             (3)  The board

             (a)  may direct that a party be added to a proceeding or be served with a document, as the board considers advisable; and

             (b)  shall, where a question arises in a proceeding before it as to whether a party is an interested party, decide the question and its decision is final and conclusive.

             (4)  Notwithstanding subsection (2), a party desiring to intervene shall notify the board of his or her intention and file a reply not later than 3 calendar days prior to a scheduled hearing.

             (5)  If a party desiring to intervene in an application to the board fails to comply with subsection (2), they shall not, without the consent of the board, be permitted to make representations to the board in relation to the application and the board may dispose of the application without notice to that party.

42/94 s8

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Contents of reply

        9. A reply filed under section 7 or 8 shall

             (a)  admit or deny each of the statements made in the application;

             (b)  contain a concise statement of the facts upon which the person desiring to intervene intends to rely; and

             (c)  state whether or not a hearing before the board is requested for the purpose of making oral or written representations or presenting evidence in respect of issues raised in the reply.

42/94 s9

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Response to a reply

      9.1 An applicant or other party may file a response to a reply with the board within 5 days of receipt of a copy of the reply.

61/05 s1

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Copy of reply to applicant

      10. (1) Where a reply is filed under section 7 or 8, a copy shall be delivered to the applicant and to the other parties.

         (1.1)  Where a response is filed under section 9.1, a copy shall be delivered to the respondent and to the other parties.

             (2)  A party who receives a copy of a reply shall within 5 calendar days state whether or not a hearing before the board is requested.

42/94 s10; 61/05 s2

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Copies to parties

      11. (1) Unless otherwise directed by the board, the chief executive officer shall give every party to a proceeding before the board a copy of

             (a)  every document relating to the proceeding that has been filed with the board; and

             (b)  the investigating officer’s report if one is prepared.

             (2)  Notwithstanding subsection (1), the chief executive officer is not required to disclose membership evidence, including information filed under section 49.

             (3)  A party to a proceeding before the board who wishes to comment on an investigating officer’s report shall, not more than 2 days after receiving it, file a reply to that report with the board.

73/01 s1; 61/05 s3

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Notice

      12. (1) Where a document or notice is required to be given by the board to a party or by a party to the board, it may be given

             (a)  by personal delivery;

             (b)  by registered mail, addressed to the party at his or her latest known or usual address or at the address of the party shown in a document or notice filed with the board by that party; or

             (c)  in another manner as the board may decide.

             (2)  A document or notice to be filed with the board may be mailed to or served upon the chief executive officer.

42/94 s12; 2001 c42 s45; 86/14 s2

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Notice of application to employees

      13. (1) The board may require an employer to post one or more copies of an application or notice in places where they are most likely to come to the attention of the employee who may be affected by the application or notice and to keep the application or notice posted for a period of 7 days.

             (2)  The board may require the employer, in addition to the posting referred to in subsection (1), to bring the application or notice to the attention of the employees who may be affected by the application or notice in another manner as the board may decide.

             (3)  Where the board requires that an employer post and keep posted an application or notice, the employer shall, immediately upon the expiry of the period of posting required, file with the board a statement that the requirement has been fulfilled.

             (4)  Where by the Act or by these rules a notice is required to be given by the board, it may be given by the chief executive officer.

42/94 s13

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Meetings

      14. (1) The chief executive officer may, with the concurrence of the chairperson, set down an application or other matter pending before the board for hearing by the board and fix the time and place of the hearing, and shall do so in any case upon the request of the chairperson.

             (2)  Meetings of the board shall be held as determined by the board or at the call of the chairperson.

42/94 s14

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Enlarging or abridging time

      15. (1) Where the board considers it advisable, it may postpone or adjourn the hearing or consideration of a matter for a time and upon those terms that it may consider fit, or in any matter or proceeding abridge or enlarge the time prescribed by these rules for doing an act, filing a document or instituting proceedings before it.

             (2)  Upon the direction of the board, the chief executive officer may abridge or enlarge the time prescribed in sections 7 and 8 for the filing of a reply, or section 9.1 for the filing of a response, with the board.

42/94 s15; 61/05 s4

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Presumed withdrawal

   15.1 (1) Where the board considers a matter to be inactive for a period of at least 12 months, the board may notify the parties of its intent to consider the matter withdrawn or abandoned.

             (2)  Where, 30 days after notice to the parties is given under subsection (1) no representations are made to the board to the contrary, the matter for which notice has been given is considered to be withdrawn or abandoned.

             (3)  Where representations are made within the time frame referred to in subsection (2), the board may make the decision it considers appropriate with respect to the matter.

87/07 s1

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Decisions of the board

      16. (1) Each decision of the board shall be evidenced in the form of an order signed by the chairperson, chief executive officer or secretary.

             (2)  The official seal of the board shall be affixed to each decision of the board.

             (3)  A request for written reasons of a decision shall be received by the board within 30 calendar days of receipt of a board order.

42/94 s16

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Amendment or consolidation of proceedings

      17. (1) An application or other document filed with the board in connection with a proceeding under the Act may be amended by leave of the board upon the terms and conditions that the board may prescribe.

             (2)  The board may, upon the terms that it considers necessary, direct that a matter or proceeding before the board be consolidated with another matter or proceeding before the board and it may issue that direction in respect of the conduct of the consolidated proceeding that it considers advisable.

42/94 s17

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Time for filing second application

      18. (1) Where an application for certification has been refused by the board, the board shall not entertain any further application by the applicant for certification in respect of the same or substantially the same unit of employees until a period of 6 months has elapsed following the date of the decision, except by special leave of the board.

             (2)  Where an application for accreditation has been refused by the board, the board shall not entertain any further application by the applicant for accreditation in respect of the same or substantially the same unit of employers until a period of 6 months has elapsed following the date of decision, except by special leave of the board.

42/94 s18

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Time of filing of constitution

      19. (1) Where the board has directed a trade union or employers' organization to file with it a statutory declaration stating the names and address of its officers or a copy of its constitution and by-laws, the trade union or employers' organization shall comply with that direction within 7 calendar days of receipt of the notice.

             (2)  Every trade union and employers' organization making application to the board under these rules shall file with the board a copy of its constitution and by-laws and the names and addresses of its officer, if they are not at that time already on file with the board.

42/94 s19

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Responsibilities of chief executive officer and secretary

      20. (1) The responsibilities of the chief executive officer of the board, subject to the direction of the board, include

             (a)  the processing of applications made to the board;

             (b)  the issuing of notices on behalf of the board;

             (c)  the conduct of investigations for the board in connection with applications or other matters coming before the board;

             (d)  the preparation and submission of reports to the board concerning the matters mentioned in this section; and

             (e)  subject to the direction of the chairperson, the issuing of orders giving effect to the decisions of the board.

             (2)  Subject to the direction of the chairperson, the chief executive officer may undertake or cause to be undertaken the investigation on the board's behalf as the chief executive officer considers necessary in the circumstances of the case or the chief executive officer may dispense with an investigation.

             (3)  The secretary shall keep a record of the proceedings, decisions and orders of the board.

42/94 s20; 61/05 s5

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Compliance with request for information

      21. Every interested party shall comply with every reasonable request made by the board or its chief executive officer or an officer delegated by the chief executive officer for information required by the board in respect of its investigation of an application before it.

42/94 s21

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Summons to give evidence

      22. (1) A summons to require a person to appear before the board to give evidence and bring with them a document in their possession or under their control shall be considered good and sufficient for that purpose and may be given by the chairperson or the chief executive officer.

             (2)  Service of that document may be effected by personal service on the person to whom it is directed or by that manner of substituted service as the chairperson may decide.

             (3)  The summons required under subsection (1) shall be in the form prescribed by the board.

             (4)  Fees and expenses of witnesses summonsed under subsection (1) shall be those as prescribed for witnesses in effect under the Rules of the Supreme Court.

42/94 s22

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Filing of order

      23. An order of a single arbitrator or arbitration board filed with the Registrar of the Supreme Court under section 90 of theLabour Relations Act shall be in the form prescribed by the board.

42/94 s23

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Request to file a board order

      24. Where an employee affected by a board order issued under subsection 30(5) of the Labour Relations Act informs the board that the order has not been complied with and wishes to have the board file the order with the Registrar of the Supreme Court under subsection 30(6) of the Labour Relations Act, the request shall be

             (a)  in writing; and

             (b)  received by the board not earlier than 14 days from the date on which the order was received by the trade union or the date provided for in the order for compliance, whichever date is the later.

42/94 s24

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Request to file a board directive

      25. Where a party affected by a board directive issued under subsection 123(5) of the Labour Relations Act informs the board that the order has not been complied with and wishes to have the board file the order with the Registrar of the Supreme Court under subsection 123(6) of the Labour Relations Act, the request shall be

             (a)  in writing; and

             (b)  received by the board not earlier than 14 days from the date on which the order was received by the party or the date provided for in the order for compliance, whichever date is the later.

42/94 s25

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Representation votes

      26. (1) A vote ordered by the board under sections 47 and 51 of the Labour Relations Act will be conducted by the returning officer in accordance with these rules.

             (2)  Where the board receives an application for certification or revocation, a copy will be served on the employer or interested parties by personal service, certified mail, fax or in another way the returning officer considers appropriate in the circumstances.

             (3)  The employer or interested parties shall, upon receipt of the application, immediately provide to the officer a list of employees and their classifications.

             (4)  If the employer fails to provide the information referred to in subsection (3), as requested, the board may proceed to dispose of the application with the evidence it has before it without further reference to the employer or the interested party.

             (5)  The employer shall post the notice of election in the form prescribed by the board in conspicuous places where the notice will most likely come to the attention of employees who may be affected by the application and the notice shall remain posted until the vote is completed.

             (6)  Notice to employees affected by the vote may also be given by telephone, fax or in any way considered appropriate by the returning officer.

             (7)  A vote may be held on the employer's premises during working hours unless the returning officer designates another site and time.

             (8)  All ballots cast in the vote will be held for counting until the board has determined the appropriate bargaining unit and considered other issues which may affect the vote.

42/94 s26

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Pre-hearing conferences

      27. (1) In a proceeding before the board, the board may direct the parties to appear in a conference to

             (a)  identify the issues in dispute;

             (b)  agree to facts or other matters not in dispute;

         (b.1)  limit the scope of the hearing;

             (c)  identify the number of witnesses the parties propose to call;

             (d)  estimate and schedule the number of days required for the hearing; and

             (e)  discuss other related matters including the possibility of a settlement.

           (1.1  )  The chairperson or a vice-chairperson may, before the commencement of a hearing, direct that the parties produce documents to the board and the parties to the proceeding on those terms that the chairperson or vice-chairperson may direct.

             (2)  The chairperson or a vice-chairperson shall preside over the conference.

         (2.1)  The chairperson or a vice-chairperson presiding over a conference may direct that the conference be held in person or by means of the telephone or other telecommunication or electronic device that permits all parties participating in the conference to communicate with each other.

             (3)  Following the conference, the chairperson or, where the conference has been presided over by him or her, a vice-chairperson, may record in a memorandum all agreements reached by the parties and the issues identified as being in dispute.

42/94 s27; 61/05 s6; 87/07 s2; 86/14 s3

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Hearing procedure

      28. (1) The board may direct which party is to begin and the order of presentation of evidence and the order of submissions at a hearing.

             (2)  Notwithstanding subsection (1), the respondent shall proceed first on applications made to the board under the following sections:

             (a)  section 122 of the Labour Relations Act or section 43.1 of the Public Service Collective Bargaining Act alleging that an employee has been dismissed from his or her employment in contravention of the Act; and

             (b)  sections 36, 88.1 or 93 of the Labour Relations Act or sections 6 or 44 of the Public Service Collective Bargaining Act.

             (3)  Notwithstanding subsection (2), where the board considers it appropriate, the board may direct that the applicant proceed first on an application made to the board under a section of the Labour Relations Act or the Public Service Collective Bargaining Act referred to in that subsection.

42/94 s28; 61/05 s7; 86/14 s4

PART II
SPECIFIC RULES FOR APPLICATIONS

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Unfair denial of membership

      29. A complaint to the board filed under section 30 of the Labour Relations Act shall contain the following information:

             (a)  the name and address of the complainant;

             (b)  the name and address of the trade union; and

             (c)  the grounds on which the complaint is based.

42/94 s29

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Applications respecting access to employees

      30. An application to the board filed under paragraph 34(1)(a) of the Labour Relations Act for an order granting an authorized representative of a trade union access to employees living in an isolated location on premises owned or controlled by their employer shall contain the following:

             (a)  the name and address of the applicant;

             (b)  the name and address of the employer affected by the application;

             (c)  the purpose for which access to the employees is required;

             (d)  reasons why it is impracticable for the trade union to have access to the employees unless permitted on premises owned or controlled by their employer; and

             (e)  the proposed method of access, the time of access and the duration of the access proposed.

42/94 s30

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Rep. by 86/14 s5

      31. [Rep. by 86/14 s5]

86/14 s5

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Matters under subsection 89(1) of Labour Relations Act

      32. A matter referred to the board by an arbitration board under subsection 89(1) of the Labour Relations Act shall contain the following:

             (a)  the names and addresses of the parties to the arbitration;

             (b)  a copy of the collective agreement or purported agreement between the parties; and

             (c)  a statement of the grounds on which the referral is being made to the board.

42/94 s32

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Sale of business

      33. (1) An application to the board filed under subsection 93(2) of the Labour Relations Act or subsection 44(2) of the Public Service Collective Bargaining Act shall contain the following:

             (a)  the name and address of the applicant;

             (b)  the name and address of each employer affected by the application;

             (c)  the general nature of the business carried on by the employers; and

             (d)  full details of the alleged sale, lease or transfer of the business including any documents relating to the alleged sale, lease or transfer.

             (2)  The board directs, under subsection 93(6) of the Labour Relations Act, that the respondents in a reply filed under section 7 or 8 state all facts within his or her knowledge that are material to the allegation.

42/94 s33

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Successor rights

      34. An application to the board filed under subsection 94(1) of the Labour Relations Act for an order determining what rights, privileges and duties have been acquired upon a merger or amalgamation of trade unions or a transfer of jurisdiction among trade unions shall contain the following:

             (a)  the name and address of the applicant;

             (b)  the name and address of each employer affected by the application;

             (c)  the name and address of each trade union affected by the application;

             (d)  full details of the merger or amalgamation of trade unions or transfer of jurisdiction among trade unions that gave rise to the application; and

             (e)  a concise statement of the questions that have arisen concerning the rights, privileges and duties that have been acquired by the applicant and other trade unions affected by the merger or amalgamation of trade unions or transfer of jurisdictions among trade unions.

42/94 s34

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Change of name of a trade union

      35. An application to the board under section 95 of the Labour Relations Act for a change of name shall contain the following:

             (a)  the names and addresses of the applicant; and

             (b)  the names and addresses of all employers for which the applicant presently holds certification orders.

42/94 s35

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Complaint respecting unfair practices

      36. A complaint to the board under section 122 of the Labour Relations Act that a party has failed to comply with subsection 23(1), subsection 24(1) or (2), subsection 25(1), (2) or (3), section 26, subsection 28(1) or (2), or section 29, 45, 74 or 75 of the Labour Relations Act or section 43.1 of the Public Service Collective Bargaining Act that a party failed to comply with subsection 5(1), (2), (3) or (4) or section 15 of the Public Service Collective Service Bargaining Act shall be dated and shall contain the following:

             (a)  the name and address of the complainant;

             (b)  the name and address of the person who is alleged to have failed to comply with the above section or sections; and

             (c)  a concise statement of the facts and circumstances upon which the complainant relies in alleging that the party named under paragraph (b) has failed to comply with the above section or sections.

86/14 s6

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Complaints re: unlawful strikes and lockouts

   36.1 (1) A complaint to the board under section 18.1 of the Labour Relations Act shall contain all of the following:

             (a)  the name, address and telephone number of the complainant;

             (b)  the name, address and telephone number of the respondent and of an employee, person, officer, official or agent of a trade union, council of trade unions, employer or employers’ organization against whom a directive is specifically sought;

             (c)  the name, address and telephone number of another person, trade union, council of trade unions, employer or employers’ organization that may be affected by the complaint;

             (d)  all material facts and circumstances on which the complainant relies in alleging that the respondent engaged in an action referred to in section 18.1;

             (e)  a copy of the collective agreement and other relevant documents; and

             (f)  a statement of the relief that is requested.

             (2)  The complainant shall personally serve a copy of the complaint on the respondent and other person, trade union, council of trade unions, employer or employers’ organization that may be affected by the complaint and shall inform the board of the time and manner of service of that complaint.

             (3)  A complaint served on the respondent or a person, trade union, council of trade unions, employer or employers’ organization that may be affected by the complaint under subsection (2) shall be considered to be a notice that a hearing may be held without delay, at a date, time and place to be established and communicated by the chief executive officer.

             (4)  The chief executive officer shall give notice of the date, time and place of a hearing with respect to a complaint under subsection (1) to the

             (a)  complainant;

             (b)  respondent; and

             (c)  another person, trade union, council of trade unions, employer or employer’s organization that may be affected by the complaint.

             (5)  Service upon the bargaining agent or one of its officers, officials or agents of notice of a complaint under subsection (1) shall be considered to be service of that notice upon the employees in the bargaining unit except those against whom a directive is specifically sought in the complaint.

73/01 s2

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Reply

   36.2 (1) Notwithstanding subsection 7(2), a respondent or another person, trade union, council of trade unions, employer or employers’ organization that may be affected by a complaint under section 18.1 of the Labour Relations Act who wishes to reply to the complaint shall file a reply with the board not more than one calendar day after receiving a copy of the complaint or within another period of time that the board may establish.

             (2)  A reply under subsection (1) shall contain all of the following:

             (a)  the name, address and telephone number of the respondent or another affected person, trade union, council of trade unions, employer or employers’ organization;

             (b)  a denial or admission of each allegation made in the application;

             (c)  all material facts and circumstances supporting the reply; and

             (d)  a statement with respect to the relief sought by the complainant.

73/01 s2

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Failure to act in good faith

      37. A complaint to the board filed under subsection 130(1) of the Labour Relations Act or subsection 43(1) of the Public Service Collective Bargaining Act that a bargaining agent has failed to act in good faith in the handling of a grievance shall contain the following:

             (a)  the name and address of the complainant;

             (b)  the name and address of the bargaining agent that is alleged to have failed to act in good faith in the handling of a grievance; and

             (c)  the grounds on which the complaint is based.

86/14 s7

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Review of orders and decisions

      38. An application to the board requesting it to review, rescind, amend, alter or vary an order or decision made by it shall contain the following:

             (a)  the name and address of the applicant;

             (b)  the name of the employer and trade union affected by the application;

             (c)  the date and nature of the order or decision of the board that is the subject of the application; and

             (d)  the grounds on which the application is based.

42/94 s38

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Application for certification as bargaining agent

      39. (1) An application by a trade union for certification as bargaining agent shall be made in the form prescribed by the board.

             (2)  All applications for certification filed under section 36 of the Labour Relations Act shall be accompanied by proof of membership to be presented personally to a Labour Relations Board officer or to a person designated by the chief executive officer.

42/94 s39

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Application for revocation of certification

      40. (1) An application to the board for an order revoking the certification of a trade union as the bargaining agent for a bargaining unit shall be made in the form prescribed by the board.

             (2)  All applications for revocation of certification filed under paragraph 51(1)(a) of the Labour Relations Act shall be accompanied by a petition claiming support of 40% of the employees in the bargaining unit.

             (3)  A petition referred to in subsection (2) shall provide the names, addresses and signatures of the petitioners and the date on which each petitioner signed the petition.

42/94 s40

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Application for termination of bargaining rights

      41. An application to the board for an order terminating the bargaining rights of a trade union as the bargaining agent for a bargaining unit shall be made in the form prescribed by the board.

42/94 s41

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Application for accreditation of bargaining agent

      42. An application by a processor’s organization under section 13.1 of the Fishing Industry Collective Bargaining Act and an application by an employers' organization for accreditation as a bargaining agent under section 58 of theLabour Relations Act shall be made in the form prescribed by the board.

42/94 s42; 73/01 s3

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Application for revocation of bargaining agent accreditation

      43. An application to the board under section 65 of the Labour Relations Act for the revocation of accreditation as a bargaining agent shall be made in the form prescribed by the board.

42/94 s43

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Application for final settlement provision

      44. An application to the board requesting it to prescribe a provision for the final settlement of differences concerning the meaning or violation of a collective agreement shall contain the following:

             (a)  the name and address of the applicant;

             (b)  the name and address of each party to the collective agreement in respect of which it is desired to have the provision prescribed;

             (c)  a true copy of the collective agreement; and

             (d)  the reasons for making the application.

42/94 s44

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Reference or application to the board

      45. (1) A reference or application to the board under section 17 or 17.1 of the Labour Relations Act shall contain the following information:

             (a)  name and address of the applicant;

             (b)  name and address of the respondent; and

             (c)  the grounds on which the reference or application is based.

             (2)  In the case of a reference or application to the board requesting the board to determine a matter under subsection 17(5.1) of the Labour Relations Act, the following information shall be provided in addition to information under subsection (1):

             (a)  the name and address of the chief safety officer; and

             (b)  a copy of the decision or order that is the subject of the reference or application.

             (3)  In the case of a reference or application to the board requesting the board to determine any matter under subparagraphs 18(k)(vi), (vii) and (viii) of the Labour Relations Act, the following information shall be provided in addition to information under subsection (1):

             (a)  the name and address of the parties allegedly bound by a collective agreement; and

             (b)  a copy of the collective agreement or matters related to the existence of a collective agreement.

106/14 s1

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First agreement referral

      46. An application requesting the board to inquire into a dispute under section 81 of the Labour Relations Act shall contain the following:

             (a)  the name and address of the parties to the dispute;

             (b)  the date of the certification or voluntary recognition;

             (c)  the dates in which negotiations were held or scheduled to be held;

             (d)  a copy of all documents related to the negotiations between the parties; and

             (e)  a copy of a proposed collective agreement the party making the request to the minister is prepared to accept.

42/94 s46

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Common employer

      47. (1) An application to the board under section 88.1 of the Labour Relations Act shall contain the following:

             (a)  the name and address of the applicant;

             (b)  the name and address of each of the respondents affected by the application; and

             (c)  the relevant facts and all documents that support the application.

             (2)  The board directs, under subsection 88.1(2) of the Labour Relations Act, that the respondents in a reply filed under section 7 or 8 state all facts within his or her knowledge that are material to the allegations.

42/94 s47

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Jurisdictional umpire

      48. An application to the board under section 9.1 of the Labour Relations Act shall contain the following:

             (a)  the name and address of the applicant;

             (b)  the name and address of the respondent union or employers; and

             (c)  the relevant facts.

42/94 s48

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Member in good standing

      49. (1) For the purposes of an application for certification, a member in good standing of a trade union shall be considered by the board to be a person who, in the opinion of the board, has signed an application for membership in that trade union not more than 90 days prior to the filing of an application for certification with the board.

             (2)  Where an employee objects to an application for certification of a trade union or indicates to the board that they no longer wish to be represented by the trade union, they shall provide the board with the following information in writing:

             (a)  their name, address and occupation; and

             (b)  the name and address of the applicant trade union and their employer.

42/94 s49

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Votes of employees

      50. (1) Where the board has directed that a vote be taken of the employees in a bargaining unit, the chief executive officer is responsible for the taking of the vote and reporting on that vote to the board and, subject to the direction of the board, has authority on behalf of the board to settle all matters pertaining to the taking of the vote and to issue directions considered necessary for the taking of the vote, including authority to

             (a)  settle the list of employees entitled to vote;

             (b)  settle the form of the ballot;

             (c)  fix the method of voting and the time and place for the taking of the vote;

             (d)  settle the forms of notices of election and provide for the posting of those notices;

             (e)  appoint a returning officer, deputy returning officer and poll clerks as may be necessary;

             (f)  direct, if necessary, that certain ballots be segregated and referred to the board for a ruling; and

             (g)  give special directions as may be necessary as to the proper conduct of the vote.

             (2)  Every interested party shall comply with every reasonable request made by the chief executive officer or a person designated to assist in the taking of the vote for information or assistance required in the preparation for or the taking of the vote.

42/94 s50

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Votes of employers

      51. (1) Where under section 59 of the Labour Relations Act the board has directed that a representation vote be taken of the employers in the sector and geographic area or areas applied for, the chief executive officer shall be responsible for the taking of the vote and reporting to the board on the outcome of that vote.

             (2)  Subject to the direction of the board, the chief executive officer has authority on behalf of the board to settle all matters pertaining to the taking of the vote and to issue directions considered necessary for the taking of the vote, including authority to

             (a)  settle the list of employers entitled to vote;

             (b)  settle the form of the ballot;

             (c)  fix the method of voting and the time and place for the taking of the vote;

             (d)  settle the forms of notice of election and provide for the posting of those notices;

             (e)  appoint a returning officer, deputy returning officer and poll clerks as may be necessary;

             (f)  direct, in any case, that certain ballots be segregated and referred to the board for ruling; and

             (g)  give special directions necessary as to the proper conduct of the vote.

42/94 s51

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Request for appointment of conciliation officer

      52. Where a request is made to the chairperson of the Labour Relations Board by a party to collective bargaining, under section 13 of the Teachers' Collective Bargaining Act, to appoint a conciliation officer to assist the parties in collective bargaining, the request shall be accompanied by a statement containing the following information:

             (a)  the name and address of the party making the request and of the other party to the collective bargaining;

             (b)  the date upon which notice was given under section 12 of the Teachers' Collective Bargaining Act to commence collective bargaining together with a copy of the notice;

             (c)  a copy of an existing collective agreement between the parties; and

             (d)  a copy of the latest proposals of the parties to the collective bargaining together with a statement of the steps that have been taken and the progress that has been made in collective bargaining following the giving of the notice, and the difficulties that have been encountered in connection with the collective bargaining since the date of the giving of the notice.

42/94 s52

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Application contents

      53. An application by the minister, under section 41 of the Fishing Industry Collective Bargaining Act, shall contain the following:

             (a)  the names and address of the parties to the dispute; and

             (b)  a copy of the notice to negotiate.

42/94 s53

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Essential employees

      54. (1) Upon receiving a request from the board to provide the board under section 10 of the Public Service Collective Bargaining Act with a written statement of the number of employees in each classification who are considered by the employer to be essential employees, the employer shall, within 20 calendar days of receipt of the request, provide the statement signed as provided for in section 55 and verified by affidavit or sworn declaration.

             (2)  Upon receipt of the statement, the board shall give notice and send a copy of the statement to the bargaining agent of the employees in the unit.

             (3)  A reply to the statement shall contain the information set out in section 9.

42/94 s54

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Signing of notices

      55. For the purpose of these rules, an application to the board or a notice may be signed

             (a)  by the employer himself or herself, if the employer is an individual;

             (b)  by a majority of the individual employers if several individuals are joint employers;

             (c)  by an authorized manager, or by one or more of the principal executive officers, if a corporation is the employer;

             (d)  by the president and secretary or by any 2 officers of an employee organization, or by a person authorized for that purpose by a resolution duly passed at a meeting of the employee organization;

             (e)  by the Secretary of Treasury Board, if the government of the province is the employer.

42/94 s55

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Transition

      56. Where on the coming into force of these rules an application or a proceeding in relation to it is before the board, the application or proceeding shall continue under these rules with those changes as may be necessary and where, as a result of the transition from the Labour Relations Board Rules of Procedure, 1990 to these rules, there is a question as to the application of these rules, the board may make the clarification that it considers necessary.

42/94 s56

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Repeal

      57. The Labour Relations Board Rules of Procedure, 1994, Newfoundland Regulation 42/94, are repealed.