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Second
Session, 45th General Assembly 55
Elizabeth II, 2006 |
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AN ACT TO AMEND THE
FISHING INDUSTRY COLLECTIVE BARGAINING ACT |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE
PAUL SHELLEY Minister
of Human Resources, Labour and Employment |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would amend the Fishing Industry Collective Bargaining Act. Clause 1 of the Bill would amend
section 2 of the Act to add a definition of the Standing Fish Price-Setting
Panel and the phrase "majority percentage of a fish species". Clause 1 of the Bill would also
repeal definitions relating to conciliation boards. Clause 1 of the Bill would also
provide that references in the Act to the province do not include the Labrador
Inuit Land Claims Area. Clause 2 of the Bill is consequential
on the amendments in clause 8. Clause 3 of the Bill would provide
for a processors' organization to apply to the Labour Relations Board to be
accredited to bargaining collectively with respect to a species of fish. Clauses 4 and 5 of the Bill would
amend the Act to reflect the change, occurring throughout the Act, of the
criteria determining what constitutes "the majority percentage of
fish" for the purpose of the Act. Clause 6 of the Bill would amend the
Act to require a notice to begin collective bargaining or to renew an agreement
to be given to the Standing Fish Price-Setting Panel at the time the notice is
given to the parties involved. Clause 7 of the Bill would amend
sections 16 and 17 of the Act to reflect the new procedure for arriving at a
collective agreement proposed in clause 8 in substitution for the involvement
of a conciliation board. Clause 8 of the Bill would provide for
the establishment of a Standing Fish Price-Setting Panel to facilitate
collective bargaining under the Act. The
panel would also have power to impose a collective agreement where the parties
were unable to achieve one through negotiation. Clause 8 of the Bill would also
prohibit cessations of business dealings and lockouts. Clause 9 of the Bill would amend
section 20 of the Act to remove references to a conciliation board which will
have no role in collective bargaining under the Act as a result of the other
amendments contained in this Bill. Clause 10 of the Bill would provide
that a collective agreement negotiated, in the absence of an accredited
processors' organization, that is binding upon the processors
who process the majority percentage of a fish species, is binding upon
all processors who process that fish species. Clause 11 of the Bill would amend the
Act to provide for the appointment of a single arbitrator instead of a board to
deal with disputes arising under a collective agreement. The clause would also provide that
the decision of an arbitration board or a single arbitrator may be registered within
48 hours with the Supreme Court and enforced as a judgment of the court. Clause 12 of the Bill would provide
that the costs of collective bargaining incurred by a processors' organization
are to be borne by all processors affected by the outcome of that collective
bargaining whether or not they belong to the organization. Clause 13 of the Bill would repeal
various sections of the Act as a consequence of the prohibition of the
cessation of business dealings and lockouts in clause 8. Clauses 14 and 15 of the Bill would
amend sections 29 and 31 of the Act as a consequence of the repeal of section
27 of the Act. Clause 16 of the Bill would provide
for the filing of decisions of the Labour Relations Board within 48 hours for
enforcement as decisions of the Supreme Court. Clause 17 of the Bill would repeal
sections 33 to 35 of the Act which incorporates provisions of the Labour Relations Act dealing with conciliation
boards. The incorporation of section 106
of the Labour Relations Act dealing
with conciliation officers would be retained. Clause 18 of the Bill would provide
for an increase of penalties in the event of an illegal lock out or cessation
of business dealings. Clause 19 of the Bill would repeal
section 40 of the Act as a consequence of the prohibition of the cessation of
business dealings and lockouts in clause 8. Clause 20 of the Bill would allow a
party to collective bargaining who believes another party is failing to comply
with the provisions of the Act respecting a notice to begin collective
bargaining to apply to the Labour Relations Board for a determination of the
matter. At present the referral must be
made by the minister. Clauses 21 and 22 of the Bill would
provide for the application of certain provisions in the Labour Relations Act to parties to whom the Fishing Industry Collective Bargaining Act applies. Clause 23 of the Bill would amend
section 45 of the Act to provide that section 121 of the Labour Relations Act applies to the Act only with respect to
conciliation officers. Clause 24 of the Bill would provide
that an association representing fishers, a processor or a processors' organization
may apply to the Labour Relations Board for the determination of a matter set
out in section 48 of the Act. The amendment would also permit the
minister responsible for labour relations to refer a matter set out in section
48 of the Act to the board. At present a
matter referred to in section 48 can only be dealt with by the board in the
context of a proceeding before it begun on some other basis. |
A BILL AN ACT TO AMEND THE FISHING INDUSTRY
COLLECTIVE BARGAINING ACT Analysis 1. S.2 Amdt. 2. S.2.1 R&S 3.
Ss.13.1 & 13.2 R&S 4. S.13.3 Amdt. 5. S.13.7 Amdt. 6. S.15.1 Added 7. S.16 & 17 R&S 8. Ss.19.1 to 19.14 Added 9. S.20 R&S 10. S.21.1 Added 11. Ss.22.1 & 22.2 Added 12.
S.23.1 Added 13. Ss.26 to 28 Rep. 14. S.29 R&S 15. S.31 R&S 16.
S.32.1 R&S 17. Ss.33 to 35 R&S 18.
S.38 Amdt. 19. S.40 Rep. 20. S.41 Amdt. 21.
S.41.1 Added 22.
S.43 R&S 23. S.45 R&S 24.
S.48 Amdt. Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows: RSNL1990 cF-18 1. (1) Paragraph 2(1)(g) of the Fishing Industry Collective Bargaining Act
is repealed. (2) Subsection 2(1) of the Act is amended by
adding immediately after paragraph (m) the following: (m.01) "majority percentage of a fish
species" means the majority percentage of a fish species as measured by
the round weight equivalent based upon the previous calendar year's production
as determined on the basis of records submitted by processors to the Department
of Fisheries and Aquaculture under the requirements of the Fish Inspection Act and the regulations made under that Act and the
Fisheries Act in the context of
obtaining licence renewal and reporting production for the calendar year
previous to the application; (3) Subsection 2(1) of the Act is further amended
by adding immediately after paragraph (n) the following: (n.1) "panel" means the Standing Fish
Price-Setting Panel established under section 19.1; (4) Paragraph 2(1)(q) of the Act is repealed. (5) Section 2 of the Act is further amended by
adding immediately after subsection (4) the following: (5) In this Act, except in paragraphs 2(1)(a) and
(i) and section 24, a reference to the province does not include the Labrador
Inuit Land Claims Area as shown in Schedule 1-A of the Schedule to the Labrador Inuit Land Claims Agreement Act. 2. Section 2.1 of the Act is repealed and the
following substituted: Application of
certain provisions 2.1 Sections 13.1 to 13.9, 19.1 to 19.14 and 35.1 to 35.5 apply only where fishers are represented by a certified bargaining agent. 3. Sections 13.1 and 13.2 of the Act are repealed
and the following substituted: Accreditation as bargaining agent 13.1 (1) Subject
to the rules of the board, a processors' organization whose members produce the
majority percentage of a fish species may apply to the board to be accredited
as the sole collective bargaining agent for all processors in the province of
that species. (2) Where as a result of an application under
subsection (1) the board issues an accreditation order to a processors'
organization with respect to a species of fish, a previously issued
accreditation order with respect to that species is revoked. Membership in accredited processors' organization 13.2 An
accredited processors' organization (a) shall offer membership to processors who
process the fish species for which the organization is accredited on terms that
are no less favourable than the terms offered to existing members; and (b) shall not deny membership to a processor for whom it is the bargaining agent for a reason other than refusal or failure to pay the periodic dues, assessments and initiation fees ordinarily required to be paid by all members of the processors' organization as a condition of acquiring or retaining membership in the organization.
4. (1) Subsection 13.3(1) of the Act is amended by adding immediately after the word "processors" the phrase "who process the fish species for which the applicant has applied for accreditation". (2) Subsections 13.3(2) and (3) of the Act are
repealed and the following substituted: (2) A processor who has received notice under
subsection (1) may, within 10 business days of receiving that notice, make
representations to the board with respect to whether the applicant produces the
majority percentage of a fish species, and subject to the merits of those
representations, the board may, in its discretion, hold a hearing with respect
to that application for accreditation. (3) Where an application is made under section
13.1 and the board has fulfilled the requirements of subsections (1) and (2) of
this section, and is satisfied that the processors' organization produces the
majority percentage of a fish species, the board shall accredit the applicant. 5. Paragraph 13.7(3)(a) of the Act is repealed and
the following substituted: (a) processors processing the majority percentage
of a fish species have voluntarily indicated in writing that they no longer
wish to be represented by the accredited processors' organization; and 6. The Act is amended by adding immediately after
section 15 the following: Notice to panel 15.1 Where
a notice is given under section 14 or 15, a copy of the notice shall at the
same time be given to the panel. 7. Sections 16 and 17 of the Act are repealed and
the following substituted: Time limit to
begin bargaining 16. Where
notice to commence collective bargaining has been given under section 14, (a) the certified bargaining agent and the
processor, or a processors' organization representing the processor 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 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 (i) a collective agreement has been concluded that
is binding on all the processors who process the species of fish to which the
agreement relates, or (ii) the matters in dispute between the processor
and the certified bargaining agent have been decided on by the panel and an
agreement imposed that is binding on all the processors who process the species
of fish to which the agreement relates, whichever is earlier. 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 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 (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, or (ii) the matters in dispute between the processor
and the bargaining agent have been decided on by the panel and an agreement
imposed that is binding on all the processors who process the species of fish
to which the agreement relates, whichever is earlier. 8. The Act is amended by adding immediately after
section 19 the following: Appointment of
panel 19.1 (1) The Standing Fish Price-Setting Panel
is established consisting of 3 members appointed by the Lieutenant-Governor in
Council. (2) The Lieutenant-Governor in Council shall appoint
one of the members of the panel as chairperson. (3) A member of the panel shall serve for a period
of 3 years and is eligible to be reappointed. (4) Where a member of the panel resigns or, due to
absence, incapacity or other cause, is unable to carry out his or her duties as
a member, the Lieutenant-Governor in Council shall appoint a person in his or
her place who shall serve for the remainder of the term of the member being replaced. (5) The members of the panel shall be paid
remuneration and expenses related to carrying out their duties at a rate set by
the Lieutenant-Governor in Council. (6) The members of the panel shall elect one of
their number to be vice-chairperson and during the absence or incapacity of the
chairperson or during a vacancy in the office of the chairperson the
vice-chairperson has and may exercise the powers of the chairperson and shall
perform his or her duties. (7) The Lieutenant-Governor in Council may appoint
as many persons as he or she considers appropriate to serve as alternate members
of the panel and the persons appointed hold office for 3 years and are eligible
for reappointment. (8) The persons appointed under subsection (7)
shall be considered to be members of the panel only while serving on the panel. (9) Notwithstanding subsection (3), a person
continues to be and may serve as a member of the panel until he or she is reappointed
or replaced. (10) Notwithstanding subsection (3), of the members
of the panel first appointed (a) the chairperson shall be appointed for a term
of 3 years; (b) one member shall be appointed for a term of 2
years; and (c) one member shall be appointed for a term of
one year, and are eligible for re-appointment. 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 establish criteria that are not
inconsistent with this Act relating to collective bargaining under this Act; (c) to provide assistance to parties engaged in
collective bargaining under this Act; (d) to set prices and conditions of sale for a fish
species where parties have engaged in collective bargaining and have been
unable to agree or where parties have refused to engage in collective bargaining; (e) 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; and (f) to make recommendations on matters falling
within its mandate to the minister responsible for fisheries and aquaculture
and the minister responsible for fisheries in the Government of Canada. Matters beyond
panel's authority 19.3 The
panel shall not have authority with respect to (a) raw material shares; or (b) production limits. Procedure of the
panel 19.4 The panel may establish rules and procedures for the purpose of carrying out its duties under this Act. Powers of the panel 19.5 The panel has all the powers that are or may be conferred on a commissioner under the Public Inquiries Act. Decision of the panel 19.6 A decision of a majority of the members of the panel is a decision of the panel. Costs 19.7 Each party to a proceeding before the panel shall assume its own costs. Time limit for agreement 19.8 (1) The
panel shall annually set a date by which a bargaining agent and a processor or
processors organization shall conclude a collective agreement in relation to a
fish species that is binding on all processors that process that fish species. (2) Where parties to collective bargaining in
relation to a fish species conclude a collective agreement in relation to that
fish species that is binding on all processors who process that fish species prior
to the date set for it by the panel under subsection (1), the parties shall so
inform the panel. (3) Where the panel does not set a date under
subsection (1) for a fish species, a certified bargaining agent or a processor
or processors' organization referred to in section 14 or a party to a
collective agreement referred to in section 15 may apply to the panel for a
date to be set. (4) A party to collective bargaining with respect to a fish species may refer a matter other than price to the panel prior to the date set under subsection (1) and the panel may consider and give a decision with respect to the matter. (5) A party referring a matter to the panel under
subsection (4) shall, at the same time, give notice to the other party of that
referral. (6) The panel may refuse to consider a matter referred to it. Panel to establish agreement 19.9 (1) 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 that process that fish species by the date set for it by the
panel under subsection 19.8(1), all the matters in dispute between them
relating to price and conditions of sale for a fish species shall be considered
to have been referred to the panel for decision. (2) The panel shall hold a hearing in relation to
the matters considered to have been referred to it under subsection (1) at
which the bargaining agent and processor or processors' organization may make
submissions. (3) Immediately after the conclusion of the
hearing referred to in subsection (2) but, in any event, not later than 3 days
before the normally scheduled opening date of the fishery concerned, the panel
shall decide on the matters in dispute between the parties relating to price
and conditions of sale for the fish species and the decision of the panel is
final and binding on the parties and on all other processors 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. Where no
collective bargaining occurs
19.10 Where
a date has been set by the panel under subsection 19.8(1) and parties do not
engage in collective bargaining with a view to concluding a collective
agreement relating to price and conditions of sale for a fish species, the
panel, following the holding of a hearing at which the bargaining agent and a
processor or processors' organization may make submissions, shall set a price
and conditions of sale for the fish species that are binding on the parties and
on all other processors that process that fish species and that decision constitutes
a collective agreement or part of a collective agreement between them. Final offer
selection
19.11 (1)
Notwithstanding subsection 19.9(3), where the parties to collective bargaining
are a certified bargaining agent and an accredited processors' organization or
a processors' organization that represents processors that process the majority
percentage of a fish species and those parties appear before the panel under
subsection 19.9(2), the panel shall hear and consider their positions on price
and conditions of sale and shall make a decision with respect to those
submissions and that decision shall be in accordance with one of the positions
on price and conditions of sale submitted to the panel by the parties at the
hearing. (2) The panel shall notify the parties of its decision not later than 3 days before the normally scheduled opening date of the fishery concerned and the decision of the panel is final and binding on the parties and on all other processors 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. (3) Final offer selection, the process referred to
in subsection (1), shall be the form of arbitration used by the parties
referred to in subsection (1) unless the parties referred to in subsection (1) agree
that another form of arbitration is acceptable to them. No cessation or
lockout
19.12 (1) 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 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. (2) A processor or a processors' organization
shall not lock out a fisher. Facilitator not
compellable
19.13 Except
with the consent of the minister, and notwithstanding a law to the contrary, a
person appointed by the panel as a facilitator shall not be required to give
evidence before a court, board or other body or provide information that he or
she has received in the course of carrying out his or her duties. Sections apply
19.14 Where
there is a conflict between the other provisions of this Act and sections 19.1
to 19.13, sections 19.1 to 19.13 apply. 9. Section 20 of the Act is repealed and the
following substituted: Conciliation officers 20. Section
79 of the Labour Relations Act with
respect to conciliation officers applies to all matters within the scope of
this Act. 10. The Act is amended by adding immediately after
section 21 the following: Agreement or
decision binding 21.1 (1) Where,
in the absence of an accredited processors' organization (a) a certified bargaining agent negotiates a
collective agreement for a fish species on price and conditions of sale; and (b) that collective agreement is binding upon the
processors who process the majority percentage of the fish species the terms of that collective agreement is binding upon all processors
in the province who process that fish species. (2) Where a processor referred to in subsection (1) fails to comply with a provision of a collective agreement referred to in that subsection, the processors' organization affected by the failure to comply may apply to the board for a determination on the matter and the board may make that determination. 11. The Act is amended by adding immediately after section 22 the following; Single arbitrator 22.1 (1) Where
a party to a collective agreement requests, the minister shall appoint a single
arbitrator instead of an arbitration board, and where a single arbitrator is
appointed under this section, the arbitrator has the powers and duties
conferred and imposed on an arbitration board under the Labour Relations Act. (2) An arbitrator's decision shall be given within
48 hours of his or her appointment unless the parties to the collective
agreement agree to a different time. Enforcement of arbitration
award 22.2 Where
an association, fisher, processor or processors' organization or other person
has failed to comply with the terms of the decision of an arbitration board or
of a single arbitrator made under a collective agreement or this Act a person
affected by the decision may after 48 hours of the date on which the decision
was made, or the date provided in it for compliance, whichever is earlier, file
at the Registry of the Supreme Court a copy of the decision, exclusive of the
reasons for it, and the decision shall be entered in the same way as a judgment
of or order of that court and is enforceable as such. 12. The Act is amended by adding immediately after
section 23 the following: Costs of
collective bargaining 23.1 A
processors' organization whose members produce the majority percentage of a fish
species, or an accredited processor's organization, that engages in collective
bargaining is entitled to recover its costs that are directly attributable to
the collective bargaining proportionately from all the processors to which the
collective agreement resulting from the collective bargaining applies. 13. Sections 26 to 28 of the Act are repealed. 14. Section 29 of the Act is repealed and the
following substituted: 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 of
business dealings in respect to fishers in that unit. 15. Section 31 of the Act is repealed and the
following substituted: Suspension of
operations not affected 31. Nothing
in this Act shall be interpreted to prohibit the suspension or discontinuance
of operations in a processor's establishment, in whole or in part, not
constituting a lockout or a cessation of business dealings. 16. Section 32.1 of the Act is repealed and the
following substituted: Enforcement of
board's order 32.1 (1) Where
a person, fisher, processor, processors' organization or an association has
failed to comply with an order or decision of the board, a person, fisher,
processor, processors' organization or an association affected may, after 48
hours of the date which the order or decision was made, or the date provided in
it for compliance, whichever is earlier, file a copy of the order or decision,
exclusive of the reasons, with the Registrar of the Supreme Court. (2) Once an order or decision of the board is
filed with the Registrar of the Supreme Court under subsection (1), that order
or decision is enforceable as a judgment or order of that court. (3) Notwithstanding subsection (1), where a
directive made by the board under section 18.1 of the Labour Relations Act is not complied with, a person, association,
processor or processors' organization, and their officers, officials or agents
affected by that directive may file a copy of the directive, exclusive of
reasons, with the Registrar of the Supreme Court and, once filed with the
Registrar, that directive is enforceable as a judgment or order of the Supreme
Court. 17. Sections 33, 34 and 35 of the Act are repealed and the following substituted: Labour Relations
Act 33. Section
106 of the Labour Relations Act
applies to all matters within the scope of this Act to the extent of the
reference to a conciliation officer. 18. (1) Subsection 38(1) of the Act is amended by
striking out the amount "$250" and substituting "$1,000". (2) Subsection 38(2) of the Act is amended by
striking out the amount "$300" and substituting "$10,000". (3) Subsection 38(3) of the Act is amended by
striking out the amount "$150" and substituting "$1,000". (4) Subsection 38(4) of the Act is amended by striking out the amount "$300" and substituting "$10,000". 19. Section 40 of the Act is repealed. 20. Subsections 41(1) and (2) of the Act are repealed and the following substituted:
Reference to board 41. (1)
Where a party to collective bargaining believes that
another party to the collective bargaining has failed to comply with paragraph
16(a) or with paragraph 17(a), that party may apply to the board for a
determination of the matter. (2) Where an application is made to the board under subsection (1), the board shall inquire into the matter and may dismiss the application 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). 21. The Act is amended by adding immediately after
section 41 the following: Application of
Labour Relations Act 41.1 (1) Section
18.1, section 122, except subparagraph (1)(b)(iii), paragraphs (1)(d) and (e) and
paragraphs (2)(b) and (c) of section 122, and sections 123 and 124 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 "strike" replaced by the
words "cessation of business dealings"; (c) the word "employee" replaced by the
word "fisher"; (d) the word "employer" replaced by the
word "processor"; and (e) the words "employers' organization"
replaced by the words "processors' organization". (2) In section 122 of the Labour Relations Act, the following references to provisions of
that Act shall be read as the following references to provisions of this Act: (a) subsection 23(1) - subsection 6(1); (b) paragraph 24(1)(a) - paragraph 6(2)(a); (c) paragraph 24(1)(b) - paragraph 6(2)(b); (d) subsection 25(1) - subsection 6(3); (e) section 26 - subsection 6(4); (f) subsection 28(1) - subsection 6(6); (g) section 45 - subsection 10(6); (h) section 74 - section 16; and (i) section 75 - section 17. 22. Section 43 of the Act is repealed and the
following substituted: Labour Relations
Act 43. Sections
129, 130, with the necessary changes, and 133 of the Labour Relations Act apply to all matters within the scope of this
Act. 23. Section 45 of the Act is repealed and the
following substituted: Labour Relations
Act 45. Section
121 of the Labour Relations Act applies
to the extent of its reference to a conciliation officer and sections 136, 137
and 139 of that Act apply to all matters within the scope of this Act. 24. Subsection 48(1) of the Act is repealed and the
following substituted: Powers of board 48. (1) An association, a processor or processors' organization may
apply to the board for a determination of a matter referred to in subsection
(1.1). (1.1) Where (a) in a proceeding before the board under this
Act a question arises as to; or (b) on the application of an association,
processor or processor's organization to the board or a referral by the
minister to the board to determine whether, (c) a person is a processor or a fisher; (d) an organization or association is a
processors' organization or an association; (e) a processors' organization is an accredited
processors' organization; (f) 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; (g) a collective agreement is by its terms in
effect; (h) a party to collective bargaining has failed to
comply with paragraph 16(a) or with paragraph 17(a); (i) a group of fishers is a unit appropriate for
collective bargaining; (j) a processors' organization is appropriate to
bargain collectively; or (k) 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. (1.2) The minister may refer a matter set out in subsection (1.1) to the board for a determination. |