This is an official version.

Copyright 2006: Queens Printer,

St. John's, Newfoundland and Labrador, Canada

Important Information

(Includes details about the availability of printed and electronic

versions of the Statutes.)

Table of Regulations

Main Site

How current is this regulation?

NEWFOUNDLAND

AND

LABRADOR

REGULATION 42/01

Royal

Newfoundland

Constabulary

Arbitration Regulations

under the

Royal

Newfoundland

Constabulary Act, 1992

(O.C. 2001-301)

(Filed

June 18, 2001

Under the authority of

section 49 of the Royal

Newfoundland

Constabulary Act, 1992,

the Lieutenant-Governor in Council makes

the following regulations.

Dated at

St. Johns

June 8, 2001

Deborah E. Fry

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Form of arbitration

Powers of board or arbitrator

Delivery of award

Final positions on wages

Duration of agreement

Factors arbitrator shall consider

Short title

These regulations may be cited as the Royal Newfoundland Constabulary Arbitration Regulations

Back to Top

Form of arbitration

(1) Where

the government negotiator or the bargaining committee notifies the other party that matters in dispute between them are to be referred to arbitration, the arbitration shall take the form of final offer selection for wages, where wages are in dispute, and conventional arbitration for all other matters.

(2) The party giving notice under subsection (1) shall, at the same time, provide the name of a person to be its appointee on the arbitration board.

(3) The party to whom notice is given under subsection (1) shall, within 10 days of receipt of the notice, name a person to be its appointee on the arbitration board.

(4) The persons appointed under subsections (2) and (3) shall, within 10 days of the appointment of the second of them, name a third person to serve on the arbitration board and that person shall be the chairperson.

(5) Where the party to whom

notice is given under subsection (3) fails to name his or her appointee, or where the 2 persons appointed under subsections (2) and (3) fail to name a third person within the time limits for doing so, the minister responsible for labour relations shall make the appointment.

(6) A decision of a majority of the members of an arbitration board is the decision of the board and, where there is no majority decision, the decision of the chairperson is the decision of the board.

(7) Notwithstanding the other provisions of this

section respecting the appointment of a board of arbitrators, the government negotiator and the bargaining committee may agree that the arbitration shall be conducted by a person on whom they agree and, where they so agree, the person appointed as the arbitrator shall conduct the arbitration.

Back to Top

Powers of board or arbitrator

A board of arbitrators or an arbitrator appointed under

section 2 has, in relation to the hearing or determination of a matter, all the powers that are or may be conferred upon a commissioner under the Public Inquiries Act

Back to Top

Delivery of award

(1) A board of arbitrators or an arbitrator shall begin the arbitration proceeding within 30 days of being constituted or appointed and shall deliver the decision or award on the matters in dispute between the parties within 60 days of beginning the arbitration.

(2) Where the parties to an arbitration

agree, or where the Labour Relations Board orders on an application made to it, the period for the delivery of the decision or award may be extended to the extent that the parties agree or the board orders.

Back to Top

Final positions on wages

(1)Within 30 days of the beginning of arbitration proceedings under

section 4 the parties shall submit their final positions with respect to wages, where wages are in dispute, to the board of arbitrators or the arbitrator.

(2) The board of arbitrators or the arbitrator shall select, without modification, one of the final positions submitted.

Back to Top

Duration of agreement

The arbitrator shall, in his or her decision under sections 4 and 5, provide for the period for which the decision is to remain in effect, but the period shall not be less than one year.

Back to Top

Factors arbitrator shall consider

In making its or his or her decision, the board of arbitrators or the arbitrator shall take into account

(

a) the

safety and interests of the public;

(b)

(c)

(

d) the

ability of the employer to pay in light of its fiscal situation;

(

e) the

needs of the employer for qualified employees; and

(

f) other

matters that appear to the arbitrator to have a relevant bearing on the matters in dispute.

Earl G. Tucker, Queen's Printer