CONSOLIDATED NEWFOUNDLAND REGULATION 755/96

Hibernia Offshore Production Site Special Project Order
under the
Labour Relations Act
(O.C. 96‑114)

Under the authority of section 70 of the Labour Relations Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following Order.

ORDER

WHEREAS section 70 of the Labour Relations Act provides that the Lieutenant‑Governor in Council may by order declare an undertaking to be a Special Project for purposes of the Act and may include those conditions and qualifications with respect to an aspect of a Special Project that the Lieutenant‑Governor in Council considers necessary or desirable;

AND WHEREAS Consolidated Newfoundland Regulation 763/96 declared in a Special Project Order the undertaking with respect to the work on the combined Gravity Base Structure Construction, Topsides Assembly and Platform Hook‑Up that will occur in the Great Mosquito Cove, Bull Arm area of Trinity Bay, Newfoundland, including the onshore, atshore and inshore locations and including other associated offshore sites as the Lieutenant‑Governor in Council may include, as a Special Project under section 70 of the Labour Relations Act;

AND WHEREAS an offshore site has been identified as being appropriate for inclusion:

It is declared that the offshore site of the Hibernia Production Platform in position at its location at the Hibernia field on the Grand Banks, Newfoundland, together with any associated Floatel is included as an associated offshore site for the purposes of that Special Project Order. And it is further declared that the provisions and conditions of that order, Consolidated Newfoundland Regulation 763/96, apply with respect to the offshore site referred to.

And further it is ordered that the declaration of the undertaking as a Special Project is, in addition to the conditions included in Consolidated Newfoundland Regulation 763/96, subject to the following conditions:

(a) employees working under the provisions of the collective agreement referred to in Consolidated Newfoundland Regulation 763/96 may not, for the purposes of an application to the Labour Relations Board for certification under the Labour Relations Act, be included as members in good standing of the trade union or as an employee in a unit for purposes of a vote under section 38 of the Act, and the Labour Relations Board may not consider those employees in determining whether or not a trade union may be certified;

79/91

(b) notwithstanding paragraph 3(a) of Consolidated Newfoundland Regulation 763/96, persons who acquire their membership in a union by joining a local outside the province shall not, by that action, acquire or accrue any preference of employment as a member of a local union for the purposes of this regulation and Consolidated Newfoundland Regulation 763/96.

137/95

Order re: Special Project, Hibernia Offshore Production Site, Newfoundland Regulation 79/91, is repealed.