Statutes of Newfoundland and Labrador 2024 Chapter 36

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

RSNL1990 cF-18
as amended

1. Subsection 2(1) of the Fishing Industry Collective Bargaining Act is amended by adding immediately after paragraph (f) the following:

(f.1) "conciliation board" means a conciliation board appointed in accordance with section 100 of the Labour Relations Act;

2. Section 15.1 of the Act is repealed.

3. Paragraph 16(b) of the Act is repealed and the following substituted:

(b) the processor shall not, without consent by or on behalf of the fishers affected, alter rates of pay for fish or alter other terms or conditions respecting the purchase of fish then in force in respect to fishers in the unit for which the bargaining agent is certified until the earlier of

(i) the conclusion of a collective agreement that is binding on all the processors who process the species of fish to which the agreement relates,

(ii) a conciliation officer has been appointed to attempt to reach an agreement between the parties, 7 days have elapsed from the date on which the report of the conciliation officer was received by the minister and a conciliation board has not been appointed, or

(iii) a conciliation board has been appointed to attempt to reach an agreement between the parties and 7 days have elapsed from the date on which the report of the conciliation board was received by the minister.

4. Paragraph 17(b) of the Act is repealed and the following substituted:

(b) where a renewal or revision of the agreement or a new collective agreement has not been concluded before expiry of the term of, or termination of, the agreement, the processor shall not, without the consent of or on behalf of the fishers affected, alter rates of pay for fish or alter other terms or conditions respecting the purchase of fish in effect immediately prior to that expiry or termination provided for in the agreement, until the earlier of

(i) a renewal or revision of the agreement or a new collective agreement has been concluded that is binding on all the processors who process the species of fish to which the agreement relates,

5. Section 19.01 of the Act is repealed.

6. Section 19.2 of the Act is repealed and the following substituted:

Duties of the panel

19.2 The duties of the panel are

(a) to facilitate access by parties to collective bargaining to market information relating to the sale of fish;

(b) to set prices and conditions of sale for a fish species where parties have engaged in collective bargaining and have been unable to agree and have referred the matter to the panel in accordance with subsection 19.9(1); and

(c) to review and report on matters related to the price and conditions of sale of a fish species that may be referred to it by the minister responsible for fisheries and aquaculture.

7. Section 19.8 of the Act is repealed.

8. Section 19.9 of the Act is repealed and the following substituted:

Panel to establish agreement

19.9 (1) Notwithstanding any other provision of this Act, the parties may jointly agree to refer all the matters in dispute between them relating to price and conditions of sale for a fish species to the panel for decision

(a) where a bargaining agent and a processor or processors' organization have failed to conclude a collective agreement in relation to a fish species that is binding on all processors in the province that process that fish species; and

(b) provided that the 7-day period referred to in paragraph 116(a) of the Labour Relations Act, as modified by this Act, has not expired.

(2) The panel shall hold a hearing in relation to the matters referred to it under subsection (1) at which the bargaining agent and processor or processors' organization shall make submissions.

(3) The panel shall hear and consider the parties positions on the matters referred to it under subsection (1) and shall, in accordance with the regulations, make a decision with respect to the matters in dispute between the parties relating to price and condition of sale.

(4) The panel shall notify the parties of its decision not later than 3 days before the opening date of the fishing season as set by the Department of Fisheries and Oceans (Canada) for the fish species to which the panel's decision relates.

(5) The decision of the panel is final and binding on the parties and on all other processors in the province that process that species of fish to which the panel's decision relates and constitutes a collective agreement or part of a collective agreement between them.

(6) The minister may make regulations

(a) establishing the method that the panel shall apply in making a decision under subsection (3); and

(b) generally respecting the powers and duties of the panel in making a decision under this section.

9. Section 19.10 of the Act is repealed.

10. Section 19.11 of the Act is repealed.

11. Section 19.13 of the Act is repealed and the following substituted:

No cessation or lockout

19.13 Notwithstanding any other provision of this Act, where a bargaining agent and a processor or processors' organization have agreed to refer a matter to the panel in accordance with subsection 19.9(1),

(a) a fisher shall not engage in a cessation of business dealings and a bargaining agent representing the fisher shall not take a vote as to a cessation of business dealings between fishers and processors or authorize or participate in taking a vote or declare or authorize a cessation by that fisher; and

(b) a processor or processors' organization shall not lock out a fisher.

12. Section 20 of the Act is repealed.

13. Section 22.1 of the Act is repealed and the following substituted:

Single arbitrator

22.1 (1) Where a party to a collective agreement requests, the minister shall appoint a single arbitrator.

(2) An arbitrator appointed under subsection (1) has the powers and duties conferred and imposed on an arbitration board under the Labour Relations Act.

(3) An arbitrator's decision shall be given within 7 days of the arbitrator’s appointment unless the parties to the collective agreement agree to a different time.

14. Section 22.2 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

15. Section 32.1 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

16. Section 33 of the Act is repealed.

17. The Act is amended by adding immediately after section 39 the following:

Prohibited acts

39.1 (1) Where there is a cessation of business dealings that does not contravene this Act or a lockout, an association, members of which are engaged in that cessation or locked out, and anyone authorized by the association, may, at the processor's place of business, operations or employment, and without acts that are otherwise unlawful, persuade or endeavour to persuade anyone not to

(a) enter the processor's place of business, operations or employment;

(b) deal in or handle the products of the processor; or

(2) Except as provided in subsection (1), an association or other person shall not persuade or endeavour to persuade anyone not to

(a) enter the processor's place of business, operations or employment;

(b) deal in or handle the products of a person; or

(3) Public expressions of sympathy or support, otherwise than by picketing, on the part of associations or others not directly concerned in the cessation of business dealings or lockout and persuasion and endeavours to persuade by the use of circular, press, radio, television, social media or other electronic means shall not be a contravention of subsection (2).

(4) Where an association or other person other than an individual is convicted of a contravention of subsection (2), the association or other person is liable upon summary conviction to a fine not exceeding $1,000.

(5) Where an individual is convicted of a contravention of subsection (2), the individual is liable upon summary conviction to a fine not exceeding $500 and in default of payment to imprisonment for a term not exceeding 3 months.

18. The Act is amended by adding immediately after section 41.1 the following:

Application of Labour Relations Act

41.2 Parts V and VI, except section 120, of the Labour Relations Act apply to matters within the scope of this Act with

(a) the words "trade union" replaced by the word "association";

(b) the word "employer" replaced by the word "processor";

(d) the words "14 days after being so instructed or within the period that the minister may allow" replaced with the words "10 days after being so instructed"; and

(e) the words "15 days" replaced with the words "7 days".

Commencement

19. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.