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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER F-18

AN ACT RESPECTING COLLECTIVE BARGAINING BETWEEN CERTAIN FISHERS OR ASSOCIATIONS OF FISHERS AND CERTAIN PERSONS OR ASSOCIATIONS OF PERSONS ENGAGED IN THE PROCESSING OF FISH IN THE PROVINCE

Analysis

1. Short title

2. Definitions

3. Labour Relations Act

4. Conflict

5. Rights of fishers, operators

6. Unfair practices

7. Assignment

8. Application for certification

9. Membership in association

10. Certification of bargaining agent

11. Hearing

12. Effect of certification

13. Revocation of certification

14. Notice to begin bargaining

15. Notice to renew agreement

16. Time limit

17. Parties not to delay bargaining

18. Bargaining committee

19. Representation of operators

20. Labour Relations Act

21. Collection agreement binding

22. Labour Relations Act

23. Duration of agreement

24. Extra-provincial company

25. Transfer of business

26. Stoppage of business dealings, lockouts

27. Actions precluded during agreement

28. Prohibited actions

29. Association continued

30. Fishers not liable for loss

31. Suspension of operations not effected

32. Personal grievance

33. Labour Relations Act

34. Labour Relations Act

35. Labour Relations Act

36. Offence

37. Offence

38. Illegal lockout

39. General penalty

40. Prohibited acts

41. Reference to board

42. Prosecution

43. Labour relations Act

44. Proceedings under this Act

45. Labour Relations Act

46. Agreement to be filed

47. Labour Relations Act

48. Powers of Board

49. Regulations

50. Labour Relations Board

51. Application of Act


Short title

1. This Act may be cited as the Fishing Industry Collective Bargaining Act.

1971 No53 s1

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Definitions

2. In this Act

(a) "association" means a local or provincial organization or association of fishers, or a local or provincial branch of a national or international organization or association of fishers within the province or a council of associations that has as 1 of its purposes the regulation in the province of relations between operators and fishers through collective bargaining, whether or not that organization or association also contains other persons who are employees as defined by the Labour Relations Act, but does not include an organization or association of fishers or a council of associations that is dominated or influenced by an operator;

(b) "bargaining agent" means an association or a council of associations that acts on behalf of fishers

(i) in collective bargaining, or

(ii) as a party to a collective agreement with an operator;

(c) "board" means the Labour Relations Board established under the Labour Relations Act;

(d) "certified bargaining agent" means a bargaining agent that has been certified under this Act and the certification of which has not been revoked;

(e) "collective agreement" means an agreement in writing between an operator or an operator's organization acting on behalf of an operator, on the one hand, and a bargaining agent of fishers acting on behalf of the fishers, on the other hand, containing terms or conditions of the relationship of the operator to the fishers, including provisions with reference to rates of pay for fish supplied to the operator by the fishers concerned;

(f) "collective bargaining" means negotiating with a view to the conclusion of a collective agreement or the renewal or revision of a collective agreement and "bargaining collectively" and "bargain collectively" have corresponding meanings;

(g) "conciliation board" means a conciliation board appointed in accordance with section 108 of the Labour Relations Act so that that section is made applicable to matters within the scope of this Act by section 33 of this Act;

(h) "conciliation officer" means a person whose duties include the conciliation of disputes and who is under the control and direction of the minister;

(i) "council of association" means 2 or more local or provincial organizations or associations of fishers, or local or provincial branches of national or international organizations or associations of fishers within the province that have been certified as a bargaining agent for fishers supplying fish to an operator or to operators in an operators' organization or that have signed an agreement in writing or signed a collective agreement with an operator or operators' organization;

(j) "dispute" or "industrial dispute" means a dispute or difference or apprehended dispute or difference between an operator and 1 or more of the fishers supplying fish to the operator or a bargaining agent acting on behalf of those fishers, as to matters or things affecting or relating to terms or conditions of the relationship or intended relationship of the operator to those fishers with respect to the supplying of fish by those fishers to the operator or as to the privileges, rights or duties of the parties to that relationship;

(k) "fish" does not include cured fish as defined by the Salt Fish Marketing Act or the by-products of fish curing;

(l) "fisher" means a self-employed commercial fisher including a person receiving a share of the voyage or a person agreeing to accept in payment for his or her services a share of the profits of a fishing venture, with or without other remuneration engaged in fishing for gain, other than for sport, in tidal waters including fishing for anadromous fish while in those waters and includes all other commercial fishers not falling within the definition of employee in the Labour Relations Act;

(m) "lockout" includes a closing of an operator's business premises, a suspension of work in that premises or a refusal by an operator to continue to take fish from a fisher or fishers, done to compel the fisher or fishers, or to aid another operator to compel a fisher or fishers, to agree to terms or conditions concerning the supply of fish to the first-mentioned or last-mentioned operator;

(n) "minister" means the Minister of Employment and Labour Relations;

(o) "operator" means a person who purchases fish from a fisher or from a person on behalf of a fisher for the purpose of being processed in a plant of that operator or of another person;

(p) "operators' organization" means an organization of operators formed for purposes including the regulation of relations between operators and fishers; and

(q) "parties" with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established.

(2) A person shall not cease to be a fisher within the meaning of this Act by reason only of that fisher ceasing his or her fishing operations as the result of a lockout or because he or she has temporarily suspended those operations for any reason.

(3) For the purposes of this Act a "unit" means a group of fishers and "appropriate for collective bargaining", with reference to a unit, means a unit that is appropriate for those purposes, whether or not the fishers in the unit are supplying fish to 1 or more operators.

(4) For the purposes of subsection (3), a unit of fishers appropriate for collective bargaining may be, but is not required to be, determined by reference to all fishers in a specified geographical area, notwithstanding the number of operators in that specified geographical area.

1971 No53 s2; 1973 No34 Sch B; 1977 c29 s3;
1977 c64 s150; 1984 c40 Sch B; 1989 c25 Sch B

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Labour Relations Act

3. Sections 93, 94 and 134 of the Labour Relations Act shall, with the necessary changes, apply to all 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 "operator"; and

(c) the word "employee" replaced by the word "fisher".

1973 No107 s4

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Conflict

4. Where there is a conflict between this Act and the Salt Fish Marketing Act that Act shall prevail.

1971 No53 s4

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Rights of fishers and operators

5. (1) Every fisher has a right to be a member of an association and to participate in the activities of the association.

(2) Every operator has the right to be a member of an operators' organization and to participate in the activities of that organization.

1973 No53 s5

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Unfair practices

6. (1) An operator or operators' organization, and a person acting on behalf of an operator or operators' organization, shall not participate in or interfere with the selection, formation or administration of an association, or contribute financial or other support to it.

(2) An operator and a person acting on behalf of an operator shall not

(a) refuse to purchase fish from, or to continue to purchase fish from, a person, or otherwise discriminate against a person in regard to that purchase or a term or condition of that purchase because the person is a member of an association; or

(b) impose conditions in a contract seeking to restrain a fisher from exercising his or her rights under this Act.

(3) An operator and a person acting on behalf of an operator shall not seek by intimidation, by threat of refusing to purchase fish from a fisher, or by other kinds of threats or by other means to compel a fisher to refrain from becoming or to cease to be a member or officer or representative of an association and a person shall not seek by intimidation or coercion to compel a fisher to become or refrain from becoming or to cease to be a member of an association.

(4) An operator and a person acting on behalf of an operator shall not in the course of a dispute with fishers on matters within the scope of this Act threaten to shut down or move a plant or a part of a plant.

(5) Except as expressly provided, nothing in this Act shall be interpreted to affect the right of an operator to refuse to purchase fish from a fisher for proper and sufficient cause.

(6) A fisher or a person acting on behalf of an association shall not use coercion or intimidation with a view to encouraging or discouraging membership in or activity in or for an association but nothing in this Act precludes a person acting on behalf of an association from attempting to persuade an operator to make an agreement with that association to require as a condition of purchasing fish from a fisher membership or maintenance of membership by that fisher in the association where the association has been designated or selected by a majority of fishers in the unit as their representative for the purpose of bargaining collectively.

1971 No53 s6

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Assignment

7. (1) An operator shall honour a written assignment to an association, certified as bargaining agent, of money forming a part of payment for the purchase of fish.

(2) An assignment under subsection (1) shall be substantially in the following form:-

To (name of operator)

I request you to deduct from money in your hands to my credit and pay to (name of association) fees in the amounts following:

(1) Initiation fee in the amount of $.

(2) Dues of $ per.

(3) Unless the assignment is revoked in writing delivered to the operator, the operator shall remit the dues deducted to the association named in the assignment at least once each month, together with a written statement of the names of the fishers for whom the deductions were made and the amount of each deduction.

(4) Where the assignment is revoked, the operator shall give notice of the revocation to the assignee.

(5) Notwithstanding anything contained in subsections (1), (2) and (3), there shall be no financial responsibility on the part of an operator for fees or dues of a fisher unless there is sufficient unpaid money to the credit of that fisher in the operator's hands.

1971 No53 s7

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Application for certification

8. (1) An association claiming to have as members in good standing a majority of fishers, supplying fish to 1 or more operators, in a unit that is appropriate for collective bargaining may, subject to the rules of the board and in accordance with this section, make application to the board to be certified as bargaining agent of the fishers in the unit.

(2) Where a collective agreement is not in force and a bargaining agent has not been certified under this Act for the unit, the application may be made at any time.

(3) Where a collective agreement is not in force but a bargaining agent has been certified under this Act for the unit, the application may be made after the expiry of 12 months from the date of certification of the bargaining agent but not before, except with the consent of the board.

(4) Where a collective agreement is in force, the application may be made at any time after the expiry of 10 months of the term of the collective agreement but not before, except with the consent of the board.

(5) Two or more associations claiming to have as members in good standing of the associations a majority of fishers in a unit that is appropriate for collective bargaining may join in an application under this section and the provisions of this Act relating to an application by 1 association and all matters or things arising from that application shall apply in respect of the application and the associations as if it were an application by 1 association.

1971 No53 s8

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Membership in association

9. (1) The parties to a collective agreement may insert in the collective agreement a provision requiring, as a condition of an operator purchasing fish from a fisher, membership of that fisher in a specified association, or granting a preference, with respect to the purchase of fish, to members of a specified association.

(2) Notwithstanding the other provisions of this or another Act, where a person

(a) is not a member of an association which is a party to a collective agreement but is otherwise qualified as a fisher in respect of an operator who is a party to the collective agreement; and

(b) applies for membership in the association referred to in paragraph (a),

the operator may purchase fish from that person notwithstanding a provision of a collective agreement where the association refuses to accept that person into membership.

(3) Nothing contained in subsection (2) excuses a fisher from complying with the constitution, rules and by-laws of an association of which he or she becomes a member.

(4) Notwithstanding a provision in another Act, a provision in the constitution, rules or by-laws of an association which is designed or operates to exclude from membership in the association a person referred to in subsection (2) is invalid.

1971 No53 s9

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Certification of bargaining agent

10. (1) Where an association makes application for certification under this Act as bargaining agent of fishers in a unit, the board shall determine whether the unit in respect of which the application is made is appropriate for collective bargaining and the board may, before certification include additional fishers in, or exclude fishers from, the unit, and shall take those steps that it considers appropriate to determine the wishes of the fishers in the unit as to the selection of a bargaining agent to act on their behalf, and for the purpose of determining those wishes the board may disregard the wishes of fishers who in its opinion are engaged in other full-time employment.

(2) Where, as a result of an application for certification under this Act by an Association, the board has determined that a unit of fishers is appropriate for collective bargaining

(a) where the board is satisfied that the majority of the fishers in the unit are members in good standing of the association; or

(b) where, as a result of a vote of the fishers, excluding those whose wishes are disregarded under subsection (1) in the unit, the board is satisfied that a majority of them have voted and that a majority of those fishers who have so voted have selected the association to be a bargaining agent on their behalf,

the board may certify the association as the bargaining agent of the fishers in the unit, including those fishers whose wishes have been so disregarded.

(3) Where an application for certification under this Act is made by an association claiming to have as members in good standing a majority in a unit that is appropriate for collective bargaining, which includes fishers supplying fish to 2 or more operators, the board may certify the association as the bargaining agent of the fishers in the unit.

(4) The board may, for the purposes of determining whether the majority of the fishers in a unit are members in good standing of an association or whether a majority of them have selected an association to be their bargaining agent, make an examination of records or other inquiries that it considers necessary, including the holding of hearings or the taking of votes that it considers necessary, and the board may prescribe the nature of the evidence to be furnished to the board.

(5) An association, the administration, management or policy of which is, in the opinion of the board,

(a) influenced by an operator so that its fitness to represent fishers for the purposes of collective bargaining is impaired; or

(b) dominated by an operator

shall not be certified as a bargaining agent of fishers, nor shall an agreement entered into between that association and that operator be considered to be a collective agreement for the purposes of this Act.

(6) When an operator has received notice in writing from the board that an association has made application for certification under this Act as a bargaining agent of fishers supplying the operator with fish, the operator shall not, afterward,

(a) without the consent of the board; or

(b) unless a collective agreement has been made which is binding on fishers in the unit in respect of which the application is made,

alter rates of pay for fish or another term or condition of the purchase of fish then in force in respect to those fishers, until the application has been granted, refused or withdrawn.

1971 No53 s10

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Hearing

11. In relation to an application for certification, the board may hold a hearing where it considers it necessary to do so and may dispose of an application without a hearing notwithstanding that a request to hold a hearing has been filed with it.

1988 c49 s1

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Effect of certification

12. Where an association is certified under this Act as the bargaining agent of the fishers in a unit,

(a) the association shall immediately replace another bargaining agent of fishers in the unit and shall have exclusive authority to bargain collectively on behalf of fishers in the unit and to bind them by a collective agreement until the certification of the association in respect of fishers in the unit is revoked;

(b) where another association had previously been certified as bargaining agent in respect of fishers in the unit, the certification of that association is revoked in respect of those fishers;

(c) where, at the time of certification, a collective agreement binding on or entered into on behalf of fishers in the unit is in force, then the association shall be substituted as a party to the agreement in place of the bargaining agent that is a party to the agreement on behalf of fishers in the unit, and may, notwithstanding anything contained in the agreement, upon 2 months' notice to the operator concerned terminates the agreement as it applies to those fishers; and

(d) the certification shall apply to all operators purchasing fish within the specified geographical area applicable to the unit, where that unit is determined by reference to a specified geographical area.

1971 No53 s11

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Revocation of certification

13. (1) Where, following investigation, and after a hearing where 1 is considered necessary by the board, it is determined by the board that a bargaining agent no longer represents a majority of fishers in the unit for which it was certified or for which it acts as bargaining agent the board of its own motion or upon application may

(a) revoke the certification of the bargaining agent, where it was certified; or

(b) where the bargaining agent was not certified, by a declaration in writing terminate the bargaining rights of the bargaining agent,

and, where the certification is revoked or the bargaining rights terminated, notwithstanding anything contained in this Act, an operator shall not be required to bargain collectively with the bargaining agent, but nothing in this subsection shall prevent the bargaining agent from making an application under section 8.

(2) The board shall not be required to accept or deal with an application to revoke the certification of a bargaining agent under subsection (1) within the period of 6 months immediately following

(a) the date of the certification of that bargaining agent;

(b) the date when a previous application to revoke the certification of that bargaining agent was refused, where a previous application was made; or

(c) the date when that bargaining agent by notice required an operator to commence collective bargaining, where a notice was given,

but the board may, where it thinks fit, accept and deal with an application of that kind.

(3) Where a certification has been revoked or the bargaining rights of a bargaining agent have been terminated under subsection (1), an agreement entered into on or before and in force at the date of the revocation or termination between the bargaining agent and an operator is not and shall not be considered to be, from that date, a collective agreement for the purposes of this Act.

1971 No53 s12; 1988 c49 s2

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Notice to begin bargaining

14. Where the board has under this Act certified an association as a bargaining agent of fishers in a unit and no collective agreement with the operator concerned binding on, or entered into on behalf of, fishers in a unit, is in force,

(a) the bargaining agent may, on behalf of the fishers in the unit, by notice, require the operator concerned to commence collective bargaining; or

(b) the operator or an operators' organization representing the operator may, by notice, require the bargaining agent to commence collective bargaining

with a view to the conclusion of a collective agreement.

1971 No53 s13

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Notice to renew agreement

15. (1) Not more than 60 days and not less than 30 days immediately before the date of expiration or of the termination of a collective agreement a party to the collective agreement may by notice in writing require the other party to the agreement to commence collective bargaining with a view to the renewal or revision of the agreement or the conclusion of a new collective agreement.

(2) Where a collective agreement provides for a period of notice to commence collective bargaining which is different from the period provided for in subsection (1), that provision in the collective agreement has effect in respect of a notice requiring the commencement of collective bargaining.

1971 No53 s14

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Time limit

16. Where notice to commence collective bargaining has been given under section 14,

(a) the certified bargaining agent and the operator, or an operators' organization representing the operator shall, without delay, but within 20 clear days after the notice was given or the further time that the parties may agree upon, meet and commence or authorize representatives on their behalf to meet and commence to bargain collectively with one another and shall make every reasonable effort to conclude a collective agreement; and

(b) the operator 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

(i) a collective agreement has been concluded, or

(ii) a conciliation board appointed to endeavour to bring about agreement has reported to the minister and 7 clear days have elapsed after the report has been received by the minister,

whichever is earlier, or

(ii) the minister has advised the operator that he or she has decided not to appoint a conciliation board.

1971 No53 s15

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Parties not to delay bargaining

17. Where a party to a collective agreement has given notice under section 15 to the other party to the agreement,

(a) the parties shall, without delay, but in any case within 20 clear days after the notice was given or the further time that the parties may agree upon, meet and commence or authorize representatives on their behalf to meet and commence to bargain collectively and make every reasonable effort to conclude a renewal or revision of the agreement or a new collective agreement; and

(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 operator 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

(i) a renewal or revision of the agreement or a new collective agreement has been concluded, or

(ii) a conciliation board, appointed to endeavour to bring about agreement, has reported to the minister and 7 clear days have elapsed after the report has been received by the minister,

whichever is earlier, or

(iii) the minister has advised the operator that he or she has decided not to appoint a conciliation board.

1971 No53 s16

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Bargaining committee

18. (1) During collective bargaining an association shall be represented by a bargaining committee consisting of fishers supplying fish to the operator who are in the association, and that committee

(a) shall in the case of collective bargaining between

(i) an association and an operators' organization, consist of fishers supplying fish to 1 or more members of that organization who are in the association,

(ii) an association and a group of operators bargaining jointly or through representatives of those operators, consist of fishers supplying fish to 1 or more of the operators in the group who are in the association, or

(iii) a group of associations and an operator, an operators' organization, or a group of operators bargaining jointly, consist of fishers supplying fish to the operator, or to 1 or more members of the organization or to 1 or more of the operators in the group of operators who are in the association; and

(b) may include 1 or more officers or other representatives of the association.

(2) Notwithstanding subsection (1), where a bargaining unit

(a) consists of not more than 15 fishers, the bargaining committee shall include at least 1 fisher from that unit; or

(b) consists of more than 15 fishers, the bargaining committee shall include at least 2 fishers from that unit.

1971 No53 s17

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Representation of operators

19. During collective bargaining an operator shall be personally present or be represented by a person authorized by the operator to bargain collectively with fishers supplying fish to the operator and where 1 of the parties to the collective bargaining is an operators' organization which comprises 3 or more operators the organization shall be represented by at least 3 of the operators, or representatives of those operators, in respect of whom fishers are concerned in the collective bargaining and those operators or their representatives shall have authority to bargain collectively on behalf of the organization.

1971 No53 s18

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Labour Relations Act

20. Sections 79 and 107 of the Labour Relations Act with respect to conciliation officers and conciliation boards apply to all matters within the scope of this Act.

1977 c64 s150

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Collective agreement binding

21. A collective agreement is binding upon

(a) the bargaining agent and the fishers in the unit of fishers which the bargaining agent represents; and

(b) the operator who has entered into the agreement or on whose behalf the agreement has been entered into.

1971 No53 s20

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Labour Relations Act

22. Section 86 of the Labour Relations Act with the words "without stoppage of work" in subsection (1) being replaced by the words "without cessation of normal business dealings between the fishers and operator or operators concerned" apply to all matters within the scope of this Act.

1977 c64 s150

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Duration of agreement

23. (1) Notwithstanding a provision contained in it, a collective agreement shall, if for a term of less than a year, be considered to be for a term of 1 year from the date upon which it comes into operation, or if for an indeterminate term shall be considered to be for a term of at least 1 year from that date and shall not, except as provided by section 12 or with the consent of the board, be terminated by the parties to it within a period of 1 year from that date.

(2) The parties to a collective agreement may by consent in writing while the agreement is in force vary, cancel or substitute other provisions for a provision in the agreement other than the provision relating to the term of the agreement.

1971 No53 s22

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Extra-provincial company

24. Where an operator is an extra-provincial company whose board of directors does not meet in the province,

(a) the company shall appoint a person resident in the province with authority to bargain collectively and to conclude a collective agreement and to sign the agreement on behalf of the company;

(b) the collective agreement signed by that person shall be binding on the company; and

(c) the company is guilty of an offence where it fails to appoint a person in compliance with paragraph (a).

1971 No53 s23

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Terms of business

25. (1) Where the ownership of a business is transferred and a bargaining agent has been certified in respect of the fishers supplying fish to that business before the transfer, the certification of the bargaining agent is, subject to this Act, binding on the person to whom ownership of the business is transferred.

(2) Where, the ownership of a business is transferred, a collective agreement entered into by a bargaining agent and the person who transferred the ownership of the business is, subject to this Act, binding on the person to whom ownership of the business is transferred.

1971 No 53 s24

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Stoppages of business dealings, lockouts

26. Where an association on behalf of a unit of fishers is entitled by notice under this Act to require an operator to commence collective bargaining with a view to the conclusion or renewal or revision of a collective agreement, the association shall not take a vote as to cessation of business dealings between the fishers and the operator concerned or authorize or participate in the taking of such a vote or declare or authorize such a cessation in respect to fishers in the unit, and a fisher in the unit shall not engage in such a cessation, and the operator shall not declare or cause a lockout of the fishers in the unit, until the bargaining agent and the operator, or representatives authorized by them in that behalf, have bargained collectively and have failed to conclude a collective agreement, and either

(a) a conciliation board has been appointed to endeavour to bring about agreement between them and 7 days have elapsed from the date on which the report of the board was received by the minister; or

(b) either party has requested the minister in writing to appoint a conciliation board to endeavour to bring about agreement between them and 15 days have elapsed since the minister received the request, and

(i) a notice under subsection 108(2) of the Labour Relations Act as made applicable by this Act has not been given by the minister, or

(ii) the minister has notified the party so requesting that he or she has decided not to appoint a conciliation board.

1971 No53 s25; 1977 c64 s150

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No actions during agreement

27. (1) Except in respect of a dispute that is subject to subsections (2) and (3),

(a) an operator bound by or who is a party to a collective agreement shall not declare or cause a lockout with respect to a fisher bound by the collective agreement or on whose behalf the collective agreement was entered into; and

(b) during the term of the collective agreement, a fisher bound by a collective agreement or on whose behalf a collective agreement has been entered into shall not engage in a cessation of business dealings between himself or herself and the operator concerned and a bargaining agent that is a party to the agreement shall not declare or authorize a cession by that fisher.

(2) Where a collective agreement is in force and a dispute arises between the parties to the agreement with reference to the revision of a provision of the agreement that by the provisions of the agreement is subject to revision during the term of the agreement, the operator bound by it or who is a party to it shall not declare or bring about a lockout with respect to a fisher bound by the agreement or on whose behalf the collective agreement has been entered into.

(3) A fisher shall not engage in a cessation referred to in subsection (1) and a bargaining agent that is a party to the agreement shall not declare or authorize a cessation by that fisher until the bargaining agent of those fishers and the operator or representatives authorized by them on their behalf have bargained collectively and have failed to conclude an agreement on the matters in dispute, and either

(a) a conciliation board has been appointed to endeavour to bring about agreement between them and 7 days have elapsed from the date on which the report of the board was received by the minister; or

(b) either party has requested the minister in writing to appoint a conciliation board to endeavour to bring about agreement between them and 15 days have elapsed since the minister received the request, and

(i) a notice under subsection 108(2) of the Labour Relations Act as made applicable by this Act has not been given by the minister, or

(ii) the minister has notified the party so requesting that he or she has decided not to appoint a conciliation board.

1971 No53 s26

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Prohibited actions

28. (1) A fisher in a unit shall not engage in a cessation referred to in section 27 until a bargaining agent has become entitled on behalf of the unit of fishers to require the operator concerned by notice under this Act to commence collective bargaining with a view to the conclusion or renewal or revision of a collective agreement and the provisions of section 26 or 27 have been complied with.

(2) An operator shall not declare or bring about a lockout of fishers while an application for certification of a bargaining agent to act for those fishers is pending before the board.

(3) For the purposes of this Act an application shall be considered to be pending before the board on, from and after the day on which it is first considered by the board at a formally constituted meeting until the day on which the decision of the board is made, and a matter shall be considered to be pending before a conciliation board on, from and after the day on which the board is established by the minister until the day on which its report is received by the minister.

1971 No53 s27

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Association constrained

29. An association that is not entitled to bargain collectively under this Act on behalf of a unit of fishers shall not declare or authorize a cessation referred to in section 27 in respect to fishers in that unit.

1971 No53 s28

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Fisher not liable for loss

30. Where a fisher engages in a cessation of business dealings between himself or herself and an operator which is not contrary to this Act, no action lies against that fisher or against a bargaining agent acting on behalf of that fisher in respect of damages in contract for which the operator has become liable to another person as a result of that cessation, but nothing contained in this section exempts a fisher or bargaining agent from liability for a tortious act.

1971 No53 s29

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Suspension of operations not affected

31. Nothing in this Act shall be interpreted to prohibit the suspension or discontinuance of operations in an operator's establishment, in whole or in part, not constituting a lockout or a cessation referred to in section 27.

1971 No53 s30

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Personal grievance

32. Notwithstanding anything contained in this Act, a fisher may present his or her personal grievance to an operator at any time.

1971 No53 s31

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Labour Relations Act

33. Sections 106, 107, 108, 109, 110, 111, 112 and 113 of the Labour Relations Act apply to all matters within the scope of this Act.

1977 c64 s150

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Labour Relations Act

34. Section 114 of the Labour Relations Act with the word "employers" replaced by the word "fishers" and the word "employer" replaced by the word "operator" applies to all matters within the scope of this Act.

1977 c.64 s.150

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Labour Relations Act

35. Sections 115, 116, 117, 118, 119 and 120 of the Labour Relations Act apply to all matters within the scope of this Act.

1977 c64 s150

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Offence

36. An operator and every person acting on behalf of an operator who alters a rate of pay for fish or another term or condition of the purchase of fish contrary to section 16 or section 17 is guilty of an offence and liable upon summary conviction to a fine not exceeding

(a) $5 in respect of each fisher whose rate of pay or in respect of whom that term or condition was so altered; or

(b) $250,

whichever is the lesser, for each day during which that alteration continues contrary to this Act, and, for the purposes of this section, "day", where a full day is not involved, includes part of a day.

1971 No53 s35

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Offence

37. (1) An operator, person, association, or operators' organization violating section 6 is guilty of an offence and liable upon summary conviction,

(a) where an individual, to a fine not exceeding $100; or

(b) where a corporation, association, or operators' organization, to a fine not exceeding $1,000.

(2) Where an operator is convicted for violation of paragraph 6(2)(a), the convicting Provincial Court judge, in addition to the penalty authorized by this Act, may order the operator to pay compensation to the fisher not exceeding the sum that in the opinion of the Provincial Court judge is equivalent to the profit that would have accrued to the fisher up to the date of conviction but for the violation, notwithstanding that the sum may be in excess of $200.

(3) An

(a) operator who refuses or neglects to comply with an order made under this section; and

(b) operator, person, association or operators' organization refusing or neglecting to comply with a lawful order of the board

is guilty of an offence and liable upon summary conviction to a fine not exceeding $50 for each day during which that refusal or failure continues.

(4) For the purposes of subsection (3), "day", where a full day is not involved, includes part of a day.

1971 No53 s36

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Illegal lockout

38. (1) An operator who declares or causes a lockout contrary to this Act is guilty of an offence and liable upon summary conviction to a fine not exceeding $250 for each day that the lockout exists.

(2) A person acting on behalf of an operator who declares or causes a lockout contrary to this Act is guilty of an offence and liable upon summary conviction to a fine not exceeding $300.

(3) An association that declares or authorizes a cessation of business dealings contrary to this Act is guilty of an offence and liable upon summary conviction to a fine not exceeding $150 for each day that the cessation exists.

(4) An officer or representative of an association who contrary to this Act authorizes or participates in the taking of a vote of fishers as to cessation of business dealings between fishers and an operator or declares or authorizes such a cessation contrary to this Act is guilty of an offence and liable upon summary conviction to a fine not exceeding $300.

(5) For the purposes of this section, "day", where a full day is not involved, includes part of a day.

1971 No53 s37

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General penalty

39. An operator, person, association, or operators' organization doing anything prohibited by this Act or refusing or neglecting to do anything required by this Act to be done by that operator, person, association or organization is guilty of an offence and, except where some other penalty is by this Act provided for the act, refusal or neglect, is liable upon summary conviction,

(a) where an individual, to a fine not exceeding $100; or

(b) where a corporation, association or operators' organization to a fine not exceeding $500.

1971 No53 s38

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Prohibited acts

40. (1) Where there is a cessation of business dealings that is not illegal under 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 operator'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 operator's place of business, operations or employment;

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

(c) do business with the operator.

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

(a) enter an operator's place of business, operations or employment;

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

(c) do business with a person.

(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 or television shall not be a breach of subsection (2).

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

(5) Where an individual is convicted of a breach of subsection (2), he or she 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.

1971 No53 s39

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Reference to board

41. (1) Where the minister receives a complaint in writing from a party to collective bargaining that another party to the collective bargaining has failed to comply with paragraph 16(a) or with paragraph 17(a), the minister may refer the complaint to the board.

(2) Where a complaint from a party to collective bargaining is referred to the board under to subsection (1), the board shall inquire into the complaint and may dismiss the complaint or may make an order requiring a party to the collective bargaining to do those things that in the opinion of the board are necessary to secure compliance with paragraph 16(a) or paragraph 17(a).

(3) Every operator, operators' organization, association or other person in respect of whom an order is made under this section shall comply with the order.

1971 No53 s40

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Prosecution

42. (1) A prosecution for an offence under this Act may be brought against an operators' organization or an association and in the name of the organization or association, and for the purpose of the prosecution an association or an operator's organization shall be considered to be a person, and an act or thing done or omitted by an officer or agent of an operators' organization or of an association within the scope of his or her authority to act on behalf of the organization or association shall be considered to be an act or thing done or omitted by the operators' organization or association.

(2) An information or complaint in respect of a contravention of this Act may be for 1 or more offences and an information, complaint, warrant, conviction or other proceedings in a prosecution is not objectionable or insufficient by reason of the fact that it relates to 2 or more offences.

1971 No53 s41

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Labour Relations Act

43. Sections 129 and 133 of the Labour Relations Act apply to all matters within the scope of this Act.

1977 c64 s150

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Proceedings under this Act

44. For the purposes of this Act, an application to the board or a notice or a collective agreement may be signed, where it is made, given, or entered into

(a) by an operator who is an individual, by the operator himself or herself;

(b) by several individuals, who are jointly operators, by a majority of the individuals;

(c) by a corporation, by 1 of its authorized managers, or by 1 or more of the principal executive officers; and

(d) by an association or operators' organization, by the president and secretary or by 2 officers, or by a person authorized for that purpose by resolution passed at a meeting of the organization.

1971 c53 s43

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Labour Relations Act

45. Sections 121, 136, 137 and 139 of the Labour Relations Act apply to all matters within the scope of this Act.

1977 c64 s150

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Agreement to be filed

46. (1) Each of the parties to a collective agreement shall immediately upon its execution and upon the execution of a revision of the agreement or amendment to the agreement file with the minister a copy of the agreement and of the revision or amendment.

(2) The board may direct an association or operators' organization which is a party to an application for certification, or is a party to an existing collective agreement, to file with the board

(a) a statutory declaration signed by its president or secretary stating the names and addresses of its officers; and

(b) a copy of its constitution and by-laws,

and the association or operators' organization shall comply with the direction within the time prescribed by the board.

1971 No53 s45

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Labour Relations Act

47. Section 140 of the Labour Relations Act respecting Industrial Inquiries shall, with the word "employers" being replaced by the word "operators" and the word "employees" being replaced by the word "fishers", apply to all matters within the scope of this Act.

1971 No53 s46

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Powers of board

48. (1) Where in a proceeding before the board a question arises under this Act as to whether

(a) a person is an operator or a fisher;

(b) an organization or association is an operators' organization or an association;

(c) a collective agreement has been entered into and the terms of the agreement and the persons who are parties to or are bound by the collective agreement or on whose behalf the collective agreement was entered into;

(d) a collective agreement is by its terms in effect;

(e) a party to collective bargaining has failed to comply with paragraph 16(a) or with paragraph 17(a);

(f) a group of fishers is a unit appropriate for collective bargaining; or

(g) a person is a member in good standing of an association,

the board shall decide the question and its decision is final and conclusive for all the purposes of this Act.

(2) A decision or order of the board is final and conclusive and not open to question or review but the board may, where it considers it advisable to do so, reconsider a decision or order made by it under this Act and may vary or revoke a decision or order made by it.

1971 No53 s48

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Regulations

49. (1) Section 147 of the Labour Relations Act applies to all matters within the scope of this Act except that in applying that section

(a) "employer" shall be replaced by the word "operator";

(b) "employee" shall be replaced by the word "fisher";

(c) "employers" shall be replaced by the word "operators"; and

(d) "employees" shall be replaced by the word "fishers".

(2) Regulations made under the Labour Relations Act, shall, with the necessary changes and where they are not inconsistent with this Act, apply to all matters within the scope of this Act.

1971 No53 s49; 1977 c64 s150

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Labour Relations Act

50. Without limiting the powers, authorities, or jurisdiction conferred by this Act and except where inconsistent with this Act, the provisions of the Labour Relations Act relating to the constitution, powers, procedures and practices of the board apply to and in respect of the board when acting under this Act.

1971 No53 s50

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Application of Act

51. This Act applies in respect of a corporation established to perform a function or duty on behalf of the Government of the province, except a corporation that the Lieutenant-Governor in Council by order excludes from the provisions of this Act.

1971 No53 s53

©Earl G. Tucker, Queen's Printer