NEWFOUNDLAND AND LABRADOR REGULATION 47/03

NEWFOUNDLAND AND LABRADOR
REGULATION 47/03

Voisey's Bay Special Project Order
under the
Labour Relations Act
(O.C. 2003-188)

(Filed April 24, 2003)

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, April 23, 2003.

Deborah E. Fry
Clerk of the Executive Council

ORDER

Analysis

1. Short title

2. Special project declared

3. Parties who may bargain collectively

4. Collective agreement

5. Single bargaining unit

6. Undertaking Order and Impacts and Benefits Agreements

7. Women's employment plan

8. How long Order remains in effect

Short title

1. This Order may be cited as the Voisey's Bay Special Project Order.

Special project declared

2. It is declared that the undertaking with respect to the construction of an open pit mine and concentrator that will occur at Voisey's Bay, Labrador, is a special project.

Parties who may bargain collectively

3. The parties that may be involved in collective bargaining in relation to employment on the special project are Voisey's Bay Employers Association Inc., as the employers' organization (the "employer") acting for and on behalf of all contractors and subcontractors carrying out work on the special project, and the Resource Development Trades Council of Newfoundland and Labrador, as the council of trade unions (the "union"), acting for and on behalf of all affiliated unions which represent employees employed on the special project.

Collective agreement

4. The collective agreement entered into between the Voisey's Bay Employers Association Inc. and the Resource Development Trades Council of Newfoundland and Labrador effective September 9, 2002 (the "agreement"), is the collective agreement for the purpose of the special project.

Single bargaining unit

5. For the purposes of the special project, all employees employed on the special project under the agreement are considered to be members of a single bargaining unit.

Undertaking Order and Impacts and Benefits Agreements

6. This Order acknowledges that the adjacency principle as referenced in the Voisey's Bay Nickel Company Limited Mine and Mill Undertaking Order ("undertaking order") and the commitments respecting employment made by Voisey's Bay Nickel Company Limited ("VBNC") in the Innu and LIA Impacts and Benefits Agreements, respectively, have application to the project.

Women's employment plan

7. This Order acknowledges the commitment contained in the undertaking order with respect to the development of a women's employment plan for the project.

How long Order remains in effect

8. This Order remains in effect until construction, including mobilization and demobilization, and pre-operational work, as defined in the agreement, for the project have been completed and the Voisey's Bay Nickel Company Limited has issued the appropriate certificates of completion to the contractors as defined in the agreement.