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Third
Session, 45th General Assembly 55
Elizabeth II, 2006 |
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AN ACT TO AMEND THE
LABOUR |
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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 |
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EXPLANATORY NOTES This Bill would amend the Labour Relations Act. Clause 1 of the Bill would amend the
Act to provide that the appointment of a member of the Labour Relations Board
continues until he or she is reappointed or replaced. Clause 2 of the Bill would amend the
Act to provide for circumstances in which the chairperson or the
vice-chairperson of the Labour Relations Board may hear a matter referred to
the board, instead of a panel of the board. Clause 3 of the Bill would amend the
Act to permit the board to expand the use of pre-hearing procedures by the
board. Clause 4 of the Bill would amend the
Act to impose a time limit within which an application may be made to the board
for a reconsideration of a matter decided by the board. The board would have discretion to extend the
time period. Clause 5 of the Bill would amend the
Act to give the board the authority to review the composition of a bargaining unit. Clause 6 of the Bill would amend the
Act to provide that a party to a proceeding before the board may file a copy of
the board's directive with the Trial Division to facilitate its
enforcement. Currently subsection 123(6)
of the Act provides for the filing of a directive by the board. Clause 12 of the Bill would repeal subsection
123(6). Clauses 7, 9 and 10 of the Bill would
amend the Act to provide that the board has discretion whether to hold a
hearing in circumstances where the board is currently required by the Act to
hold a hearing. Clause 8 of the Bill would amend the
Act to require the board to conduct a vote where an application is made to it
to terminate the bargaining rights of a bargaining agent that was voluntarily
recognized by an employer. Currently the
board is only required to conduct such a vote where a bargaining agent has been
certified for a bargaining unit. The clause would also provide that
the board may dispense with a vote where the parties concerned jointly request
that a vote not be taken. Clause 11 of the Bill would amend the
Act to provide that a complaint may be made to the board by a party to
collective bargaining alleging that another party has been bargaining in bad
faith notwithstanding a collective agreement currently covering the parties has
expired. Currently the board is not
authorized to hear such a complaint. Clause 12 of the Bill would amend the
Act to repeal subsection 123(6). This
amendment has already been discussed in the note relating to the amendment contained
in clause 6. Clause 13 of the Bill would amend the
Act to clarify the board's jurisdiction with respect to complaints that may be
made to it that a trade union or representative of a trade union has been
acting in a manner that is arbitrary or discriminatory or in bad faith towards
an employee in a bargaining unit that it represents. Currently only a complaint of failure to act
in good faith may be entertained by the board. |
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A AN ACT TO AMEND THE LABOUR Analysis 1.
S.6(9) Added 2.
S.9.3(1.1) Added 3.
S.18 Amdt. 4.
S.19(3) Added 5.
S.19.1 Added 6.
S.21 Amdt. 7.
S.30(4) R&S 8.
S.51.1(1) R&S 9.
S.82 R&S 10.
S.89(1) R&S 11.
S.122 Amdt. 12.
S.123(6) Rep. 13.
S.130 R&S Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows: RSNL1990 cL-1 1. Section 6 of the Labour Relations Act is amended by adding immediately after subsection
(8) the following: (9) Where the term of office of a person appointed
under subsection (3) or (4) expires, he or she continues to be a member of the
board until he or she is reappointed or replaced. 2. (1) Section 9.3 of the Act is amended by adding
immediately after subsection (1) the following: (1.1) The chairperson, or the vice-chairperson, when
the matter is referred to him or her by the chairperson, may alone determine a
matter that comes before the board with respect to (a) an uncontested application or question; (b) notwithstanding the reference to the board in subsection
47(5) or 51.1(4), a request for an extension of time for taking a vote; and (c) preliminary questions of evidence or procedure. (2) Section 9.3 of the Act is amended by striking
out the brackets and the word and number "subsection (1)" in
subsections (2), (3), (4) and (5) and substituting the words, numbers and brackets
"subsection (1) or (1.1)". 3. Section 18 of the Act is amended by adding
immediately after paragraph (a) the following: (a.1) order pre-hearing procedures, including
pre-hearing conferences; (a.2) compel, at any stage of a proceeding, a person
to provide information or produce the documents or things that may be relevant
to a matter before it, after providing the parties an opportunity to make
representations; 4. Section 19 of the Act is amended by adding
immediately after subsection (2) the following: (3) An application to the board for the review, rescission,
amendment, alteration or variation of an order or decision of the board or a
panel under subsection (2) shall be made within 6 months of the making of the
original order or decision or the longer period the board considers appropriate
in the circumstances. 5. The Act is amended by adding immediately after
section 19 the following: Review of bargaining
unit 19.1 (1) On
application by an employer or a bargaining agent, the board may review the
structure or composition of a bargaining unit to determine whether the
bargaining unit continues to be appropriate for collective bargaining or
whether it is appropriate to include or exclude positions from the bargaining
unit. (2) For the purpose of subsection (1) the board
may (a) determine which trade union shall be the
bargaining agent for the employees in each bargaining unit that results from
the review; (b) amend a certification order or description of
a bargaining unit contained in a collective agreement; (c) where more than one collective agreement
applies to employees in a bargaining unit, decide which collective agreement is
in force; (d) amend, to the extent that the board considers
necessary, the provisions of collective agreements; (e) where the conditions of section 98 have been
met with respect to some of the employees in a bargaining unit, decide which
terms and conditions of employment apply to those employees until the time that
a collective agreement becomes applicable to the unit or the conditions of
section 98 are met with respect to that unit; and (f) authorize a party to a collective agreement to give notice to bargain collectively. (3) Subsection 19(3) does not apply to an
application under this section. 6. Subsection 21(3) of the Act is amended by
adding immediately after the word and figure "section 18.1" the words
and figure "or section 123". 7. Subsection 30(4) of the Act is repealed and the
following substituted: (4) The board shall investigate complaints made to
it under subsection (3), and may give to the trade union and the employee concerned
an opportunity to be heard and to cross-examine all witnesses not called by him
or her. 8. Subsection 51.1(1) of the Act is repealed and
the following substituted: Revocation vote 51.1 (1) Where
an application (a) to revoke the certificate of a bargaining
agent under paragraph 51(1)(a); or (a) to terminate the bargaining rights of the
bargaining agent under paragraph 51(1)(b) is supported by not less than 40% of the
employees in the unit to which the application relates, the board shall take a
vote to determine the wishes of the employees in the unit. (1.1) Notwithstanding subsection (1), the board is
not required to take a vote where the applicant, trade union and the employer
in the unit to which the application relates jointly request that the board not
take a vote. 9. Section 82 of the Act is repealed and the
following substituted: Presentation of
evidence 82. In
settling terms and conditions under section 81, the board may give the parties
an opportunity to present evidence and make representations, and may take into
account (a) the extent to which the parties have, or have
not, bargained in good faith in an effort to conclude a first collective agreement; (b) terms and conditions of employment negotiated
through collective bargaining for comparable employees performing the same or
similar functions in the same or related circumstances; and (c) other matters that the board considers will
help it in arriving at terms and conditions that are fair and reasonable in the
circumstances. 10. Subsection 89(1) of the Act is repealed and the
following substituted: Questions
referred to board 89. (1) Where
a question arises in connection with a matter that has been referred to an
arbitration board relating to the existence of a collective agreement, or the
identification of the parties or employees bound by a collective agreement, the
arbitration board may refer the question to the board for a hearing and
determination and the board may hold a hearing. 11. Paragraph 122(3)(b) of the Act is repealed and the following substituted: (b) that a party to collective bargaining is in
contravention of section 75. 12. Subsection 123(6) of the Act is repealed. 13. Section 130 of the Act is repealed and the
following substituted: Complaints of
employees to board 130. (1) An
employee in a bargaining unit, who claims to be aggrieved because his or her
bargaining agent has acted in a manner that is arbitrary or discriminatory or
in bad faith in the handling of a grievance that he or she has filed or attempted
to file with that bargaining agent in accordance with a procedure that has been
established by the bargaining agent may make a written complaint to the board. (2) A complaint made under subsection (1) shall be
made within 90 days from the date on which the complainant knew or, in the opinion
of the board, ought to have known, of the action or circumstances, giving rise
to the complaint. (3) The board shall investigate a complaint made
to it under subsection (1) and determine whether the bargaining agent acted in
a manner that was arbitrary or discriminatory or in bad faith. (4) A provision in this Act or a collective
agreement that limits the time in which a grievance or arbitration proceeding
shall begin or a decision made does not apply where a matter is referred to the
board under this section. (5) Where, on investigation of a complaint in
accordance with subsection (3), the board finds that the bargaining agent acted
in a manner that was arbitrary or discriminatory or in bad faith, the board
shall direct that bargaining agent to take those steps that the board thinks
appropriate in the circumstances. (6) Where a collective agreement expires before a complaint is made to the board under subsection (1), or where a collective agreement expires before the board completes its investigation, the board may order the bargaining agent to compensate the employee to a reasonable extent that the board may prescribe. ŠEarl G. Tucker, Queen's Printer |