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Newfoundland Regulation 2001


NEWFOUNDLAND REGULATION 73/01

NEWFOUNDLAND REGULATION 73/01

Labour Relations Board Rules of Procedure
(Amendment)
under the
Labour Relations Act
(O.C. 2001-322)

(Filed October 30, 2001)

Under the authority of section 22 of the Labour Relations Act, the Labour Relations Board, with the approval of the Lieutenant-Governor in Council, makes the following rules.

Dated at St. John’s, October 24, 2001.

Morgan Cooper
Chairperson of the Labour Relations Board

Deborah E. Fry
Clerk of the Executive Council


RULES

Analysis


        1.   S.11 R&S
Copies to parties

        2.   Ss.36.1 & 36.2 Added
36.1 Complaints re:
        unlawful strikes
        and lockouts
36.2 Reply

        3.   S.42 Amdt.
Application for accreditation of bargaining agent

        4.   Transition

 


CNR 745/96

        1. Section 11 of the Labour Relations Board Rules of Procedure is repealed and the following substituted:

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.

             (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.

 

        2. The rules are amended by adding immediately after section 36 the following:

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.

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.

 

        3. Section 42 of the rules is amended by deleting the word "An" and substituting the words "An application by a processor’s organization under section 13.1 of the Fishing Industry Collective Bargaining Act and an".

Transition

        4. The Labour Relations Board Rules of Procedure that apply to an application filed with the Labour Relations Board before the coming into force of these regulations shall continue to apply to that application after the coming into force of these regulations.