NEWFOUNDLAND REGULATION 33/98

Terra Nova Project Special Project Order
under the
Labour Relations Act
(O.C. 98-020)

(Filed February 25, 1998)

Under the authority of section 70 of the Labour Relations Act, the Lieutenant-Governor in Council makes the following Order.

Dated at St. John's, February 24, 1998.

John Cummings
Deputy Clerk of the Executive Council

ORDER

Analysis

        1.   Short title

        2.   Special project declared

        3.   Collective agreement

        4.   Trade union status

        5.   Single bargaining unit

        6.   Non-unionized employees

        7.   Authority of LRB

Short title

        1. This Order may be cited as the Terra Nova Project Special Project Order.

Special project declared

        2. It is declared that the undertaking known as the Terra Nova Project that will occur at Great Mosquito Cove, Bull Arm Area of Trinity Bay is a special project.

Collective agreement

        3. The parties to a collective agreement entered into on April 3, 1997 in relation to work at the site of the special project, being PCL Industrial Constructors Inc., the employer, and the Newfoundland and Labrador International Building Trades Petroleum Development Association representing employees employed on the work at the site by the employer, are prescribed to be the employer and the trade union who may be involved in collective bargaining on the special project.

Trade union status

        4. For the purpose of this order the Newfoundland and Labrador International Building Trades Petroleum Development Association is considered to be a trade union.

Single bargaining unit

        5. All the employees employed at the site of the special project to whom the agreement referred to in section 3 applies are considered to be members of a single bargaining unit.

Non-unionized employees

        6. (1) Where the majority of employees employed at the site of the special project who are not represented by the trade union referred to in section 3 wish to be represented by a trade union, they may request the trade union referred to in section 3 to represent them or make an application to the Labour Relations Board to be represented by the trade union referred to in section 3.

             (2)  Where the board receives an application under subsection (1) it shall determine whether the employees are employees within the meaning of the Act and whether a majority of them wish to be represented by the trade union referred to in section 3.

             (3)  Where the board determines under subsection (2) that the employees are employees within the meaning of the Act and that a majority of them wish to be represented by the trade union referred to in section 3

             (a)  they shall be considered to be members of the unit referred to in section 5;

             (b)  the trade union is considered to be the bargaining agent of the employees;

             (c)  the agreement referred to in section 3 shall apply to the employees except in respect of wage rates; and

             (d)  sections 81.1 and 81.2 of the Act shall apply, with the necessary changes, where the trade union and the employer have been engaged in collective bargaining to conclude an agreement with respect to wage rates for those employees and either of the parties is satisfied that an agreement cannot be reached.

Authority of LRB

        7. The Labour Relations Board has authority to hear and decide upon complaints made to it under sections 30 and 130 of the Act.

(Includes March 6, 1998 correction)

©Earl G. Tucker, Queen's Printer