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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 61/05

NEWFOUNDLAND AND LABRADOR
REGULATION 61/05

Labour Relations Board Rules of Procedure
(Amendment)
under the
Labour Relations Act
(O.C. 2005-414)

(Filed July 26, 2005)

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, July 21, 2005.

Valerie L. Marshall
Chairperson of the Labour Relations Board

Robert C. Thompson
Clerk of the Executive Council


RULES

Analysis


        1.   S.9.1 Added
Reponse to a reply

        2.   S.10 Amdt.
Copy of reply or response

        3.   S.11 Amdt.
Copies to parties

        4.   S.15 Amdt.
Enlarging or abridging time

        5.   S.20 Amdt.
Responsibilities of CEO and secretary

        6.   S.27 Amdt.
Pre-hearing conferences

        7.   S.28 Amdt.
Hearing procedure


CNLR 745/96
as amended

        1. The Labour Relations Board Rules of Procedure are amended by adding immediately after section 9 the following:

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.

 

        2. Section 10 of the rules is amended by adding immediately after subsection (1) the following:

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

 

        3. Paragraph 11(1)(b) of the rules is repealed and the following substituted:

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

 

        4. Subsection 15(2) of the rules is repealed and the following substituted:

             (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.

 

        5. Subsection 20(2) of the rules is repealed and the following substituted:

             (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.

 

        6. (1) Paragraph 27(1)(e) of the rules is repealed and the following substituted:

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

             (2)  Subsection 27(2) of the rules is repealed and the following substituted:

             (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)  Subsection 27(3) of the rules is repealed and the following substituted:

             (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.

 

        7. Section 28 of the rules is amended by adding immediately after subsection (2) the following:

             (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 referred to in that subsection.