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SNL1999 CHAPTER H-37.2

HEALTH AND COMMUNITY SERVICES
RESUMPTION AND CONTINUATION ACT

Amended:

CHAPTER H-37.2

AN ACT TO PROVIDE FOR THE RESUMPTION AND CONTINUATION OF HEALTH
AND COMMUNITY SERVICES

(Assented to April 1, 1999)

Analysis



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

Short title

        1. This Act may be cited as the Health and Community Services Resumption and Continuation Act .

1999 cH-37.2 s1

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Definitions

        2. In this Act

             (a)  "employee" means an employee as defined in the collective agreement signed on January 13, 1995 to which the Crown and the Newfoundland and Labrador Health and Community Services Association and the Newfoundland and Labrador Nurses Union are parties;

             (b)  "employer" means

                      (i)  the government of the province, or

                     (ii)  a corporation, body or authority managing the delivery of health and community services to which the collective agreement referred to in paragraph (a) applies; and

             (c)  "union" means the Newfoundland and Labrador Nurses Union.

1999 cH-37.2 s2

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Purpose of Act

        3. This Act is to provide for a return to work of striking nurses in light of a serious and deteriorating situation in the provision of health care to patients and the public and to provide for a resolution of the labour dispute on terms and conditions consistent with collective agreements reached with other public sector unions.

1999 cH-37.2 s3

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Actions by union

        4. (1) Immediately upon the coming into force of this Act, the union and each official or representative of the union shall give notice to the striking employees whom it represents that a declaration or direction to go on strike, declared or given to them before the coming into force of this Act has become invalid by reason of the coming into force of this Act and shall direct the employees to return to work immediately.

             (2)  After the union has complied with subsection (1), neither it nor its officials or representatives, shall, during the period the terms and conditions of employment referred to in section 6 are in force, engage in actions for the purpose of compelling an employer to agree to terms and conditions of employment that are different from those referred to in section 6.

1999 cH-37.2 s4

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Employees to resume work

        5. (1) Immediately upon the coming into force of this Act every employee shall cease actions engaged in for the purpose of compelling an employer to agree to terms and conditions of employment and, where applicable, shall continue or resume the duties of his or her employment.

             (2)  The union shall not direct, encourage, aid or abet an employee to engage in an action contrary to subsection (1).

             (3)  Neither the union, nor a person acting on behalf of the union, shall in any manner discipline, or direct or authorize another person to discipline, by way of suspension from the union, the imposition of a fine or otherwise, a person for the reason only that the person complies with subsection (1).

1999 cH-37.2 s5

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Terms and conditions of employment

        6. (1) From the day this Act comes into force, the terms and conditions of employment approved by the Lieutenant-Governor in Council, a copy of which is on file with the Clerk of the Executive Council,  are considered to be the terms and conditions of employment of the employees and are binding on the employer and the union, and each employee to the same extent as if they had been entered into by them.

             (2)  The terms and conditions of employment referred to in subsection (1) come into force on the day this Act comes into force except where a different date is contained in those terms and conditions, and expire on June 30, 2001 .

             (3)  The terms and conditions of employment referred to in subsection (1) are considered to constitute a collective agreement for the purpose of the Public Service Collective Bargaining Act .

1999 cH-37.2 s6

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Offences and penalties

        7. (1) Where the union fails to comply with section 4 or subsection 5(2), it is guilty of an offence and is liable on summary conviction to a fine of $100,000, and in the case of a continuing offence, to a fine of $100,000 each day or part of a day during which the offence continues.

             (2)  Every official or representative of the union who fails to comply with section 4 is guilty of an offence and is liable on summary conviction to a fine of $10,000 and, in the case of a continuing offence, to a fine of $10,000 for each day or part of a day during which the offence continues.

             (3)  Every employee who fails to comply with section 5 is guilty of an offence and is liable on summary conviction to a fine of $1,000, and in the case of a continuing offence, to a fine of $1,000 for each day or part of a day during which the offence continues.

             (4)  In the case of default of payment of a fine imposed on the union or an official or representative of the union or an employee under this section, the convicting Provincial Court judge shall, upon the request of the Attorney General, furnish him or her with a certified copy of the order of conviction and fine imposed and, upon its filing in the Judgment Enforcement Registry, it is enforceable as a judgment of the Supreme Court.

             (5)  Each day or part of a day that a failure to comply with section  4 or 5 continues constitutes a new and separate offence.

             (6)  Where the union is convicted of an offence under subsection (1), an amount of wages deducted from an employee as union dues shall be considered forfeit to the Crown and shall be paid by the employer into the Consolidated Revenue Fund until a fine which the union is liable to pay under subsection (1) has been paid in full.

1999 cH-37.2 s7

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This Act takes priority

        8. This Act applies notwithstanding the Public Service Collective Bargaining Act.

1999 cH-37.2 s8