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Statutes of Newfoundland and Labrador 2006


CHAPTER 53

AN ACT TO AMEND THE PUBLIC SERVICE COLLECTIVE BARGAINING ACT

(Assented to December 12, 2006)

Analysis


        1.   S.10 Amdt.
Essential employees

        2.   S.11 Amdt.
Revocation or termination of rights of bargaining agent

        3.   S.43 R&S
Complaints of employees to board

        4.   S.44.1 Added
Application to the board

        5.   S.45 Amdt.
Decisions of board


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cP-42
as amended

        1. Subsection 10(3) of the Public Service Collective Bargaining Act is repealed and the following substituted:

             (3)  Where an objection to the statement referred to in subsection (1) is filed with the board by the bargaining agent within the time after the receipt of the statement by the bargaining agent that the board may prescribe, the board, after considering the objection and giving the bargaining agent and the employer an opportunity to make representations, and to be heard, where it believes it is appropriate for them to be heard, shall determine the number of employees in each classification specified in the statement who are essential employees for the purpose of this Act, but the number of employees determined to be essential by the board shall not exceed the number contained in the statement referred to in subsection (1).

 

        2. Subsection 11(1) of the Act is repealed and the following substituted:

Revocation or termination of rights of bargaining agent

      11. (1) Where, following investigation, and after a hearing, if one is requested by a party having an interest, and the board considers it appropriate to hold one, the board is of the opinion that a bargaining agent no longer represents a majority of the employees in the unit, or for which it acts as bargaining agent, it may, on its own motion, or upon application by a party having an interest,

             (a)  revoke the certification of the bargaining agent; or

             (b)  if the bargaining agent was voluntarily recognized by the employer, terminate the bargaining rights of the bargaining agent,

and the employer shall not be required to bargain collectively with the employee organization whose certification is revoked or bargaining rights are terminated, but nothing in this subsection shall prevent the employee organization from making an application under section 6 at any time after the revocation or termination.

 

        3. Section 43 of the Act is repealed and the following substituted:

Complaints of employees to board

      43. (1) An employee in a bargaining unit who claims to be aggrieved because his or her bargaining agent has acted in a manner that is arbitrary or discriminatory or in bad faith in the handling of a grievance that he or she has filed or attempted to file with that bargaining agent in accordance with a procedure that has been established by the bargaining agent may make a written complaint to the board.

             (2)  A complaint made under subsection (1) shall be made within 90 days from the date on which the complainant knew or, in the opinion of the board, ought to have known, of the action or circumstances, giving rise to the complaint.

             (3)  The board shall investigate a complaint made to it under subsection (1) and determine whether the bargaining agent acted in a manner that was arbitrary or discriminatory or in bad faith.

             (4)  A provision in this Act or a collective agreement that limits the time in which a grievance or arbitration proceeding shall begin or a decision made does not apply where a matter is referred to the board under this section.

             (5)  Where, on investigation of a complaint in accordance with subsection (3), the board finds that the bargaining agent acted in a manner that was arbitrary or discriminatory or in bad faith, the board shall direct that bargaining agent to take those steps that the board thinks appropriate in the circumstances.

             (6)  Where a collective agreement expires before a complaint is made to the board under subsection (1), or where a collective agreement expires before the board completes its investigation, the board may order the bargaining agent to compensate the employee to a reasonable extent that the board may prescribe.

 

        4. The Act is amended by adding immediately after section 44 the following:

Application to the board

   44.1 A bargaining agent, an employee organization or an employer may apply to the board for a determination of a matter referred to in subsection 45(1).

 

        5. Subsection 45(1) of the Act is amended by adding immediately after the words and commas "Where, in a proceeding before the board," the words and comma "or under an application made to it,".