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Newfoundland and Labrador
Regulation 2014


NEWFOUNDLAND AND LABRADOR REGULATION 86/14

NEWFOUNDLAND AND LABRADOR
REGULATION 86/14

Labour Relations Board Rules of Procedure (Amendment)
under the
Labour Relations Act
(O.C. 2014-324)

(Filed October 29, 2014)

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,  September 22, 2014.

Sheilagh M. Murphy
Chairperson of the Labour Relations Board

Julia Mullaley
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.6 Amdt.
Forms

        2.   S.12 Amdt.
Notice

        3.   S.27 Amdt.
Pre-hearing conferences

        4.   S.28 Amdt.
Hearing procedure

        5.   S.31 Rep.
Special projects

        6.   S.36 R&S
Complaint respecting unfair practices

        7.   S.37 R&S
Failure to act in good faith


CNLR 745/96
as amended

        1. Subsection 6(2) of the Labour Relations Board Rules of Procedure is repealed and the following substituted:

             (2)  Copies of these forms may be obtained from the chief executive officer.

 

        2. Subsection 12(2) of the rules is repealed and the following substituted:

             (2)  A document or notice to be filed with the board may be mailed to or served upon the chief executive officer.

 

        3. (1) Subsection 27(1) of the rules is amended by adding immediately after paragraph (b) the following:

         (b.1)  limit the scope of the hearing;

             (2)  Paragraph 27(1)(d) of the rules is repealed and the following substituted:

             (d)  estimate and schedule the number of days required for the hearing; and

 

        4. Subsections 28(2) and (3) of the rules is repealed and the following substituted:

             (2)  Notwithstanding subsection (1), the respondent shall proceed first on applications made to the board under the following sections:

             (a)  section 122 of the Labour Relations Act or section 43.1 of the Public Service Collective Bargaining Act alleging that an employee has been dismissed from his or her employment in contravention of the Act; and

             (b)  sections 36, 88.1 or 93 of the Labour Relations Act or sections 6 or 44 of the Public Service Collective Bargaining Act.

             (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 or the Public Service Collective Bargaining Act referred to in that subsection.

 

        5. Section 31 of the rules is repealed.

 

        6. Section 36 of the rules is repealed and the following substituted:

Complaint respecting unfair practices

      36. A complaint to the board under section 122 of the Labour Relations Act that a party has failed to comply with subsection 23(1), subsection 24(1) or (2), subsection 25(1), (2) or (3), section 26, subsection 28(1) or (2), or section 29, 45, 74 or 75 of the Labour Relations Act or section 43.1 of the Public Service Collective Bargaining Act that a party failed to comply with subsection 5(1), (2), (3) or (4) or section 15 of the Public Service Collective Service Bargaining Act shall be dated and shall contain the following:

             (a)  the name and address of the complainant;

             (b)  the name and address of the person who is alleged to have failed to comply with the above section or sections; and

             (c)  a concise statement of the facts and circumstances upon which the complainant relies in alleging that the party named under paragraph (b) has failed to comply with the above section or sections.

 

        7. Section 37 of the rules is repealed and the following substituted:

Failure to act in good faith

      37. A complaint to the board filed under subsection 130(1) of the Labour Relations Act or subsection 43(1) of the Public Service Collective Bargaining Act that a bargaining agent has failed to act in good faith in the handling of a grievance shall contain the following:

             (a)  the name and address of the complainant;

             (b)  the name and address of the bargaining agent that is alleged to have failed to act in good faith in the handling of a grievance; and

             (c)  the grounds on which the complaint is based.