First Session, 46th

General Assembly

57 Elizabeth II,

BILL 23

AN ACT TO AMEND THE LABOUR

RELATIONS ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE SHAWN

SKINNER

Minister of Human

Resources, Labour and Employment

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Labour Relations Act to establish the

Labour Management Arbitration Committee.

Clause 1 of the Bill would amend the

Act to add a definition of the Labour Management Arbitration Committee.

In clause 2 of the Bill, the Act

would be amended by adding sections 91.1 to 91.6. The proposed

section 91.1 would establish and

prescribe the membership of the Labour Management Arbitration Committee.

The proposed

section 91.2 would

prescribe the terms of members and the operations of the arbitration

committee.

In the proposed

section 91.3, the

powers and duties of the arbitration committee would be prescribed. The proposed

section 91.4 would require that

the roster of arbitrators who, in the opinion of the committee, are qualified

to be arbitrators under a collective agreement or under the Act, be provided to

and kept on file with the minister.

The proposed

section 91.5 would provide

that an action does not lie against the arbitration committee or a member of

the arbitration committee for anything done or omitted to be done in good faith

in exercising a power or carrying out a duty under the Act.

The proposed

section 91.6 would allow

the Lieutenant-Governor in Council to make regulations prescribing the

employer, labour and arbitrator organizations from which the arbitration

committee may be constituted.

A BILL

AN ACT TO AMEND THE LABOUR RELATIONS ACT

Analysis

S.2 Amdt.

Interpretation

Ss.91.1-91.5 Added

91.1 Arbitration committee

91.2 Term of members

and

operation of committee

91.3 Powers and duties of

the committee

91.4 Roster

91.5 Action barred

91.6 Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-1

as amended

1. Subsection 2(1) of the Labour Relations Act is amended by adding immediately after

paragraph (

a) the following:

(a.1) "arbitration committee" means the

Labour Management Arbitration Committee;

2. The Act is amended by adding immediately after

section

91 the following:

Arbitration committee

91.1

(1) There

shall be established a committee to be known as the Labour Management Arbitration

Committee.

(2) The arbitration committee shall promote the

establishment and the maintenance of a high quality and effective arbitration

process for arbitrations conducted under collective agreements and under this

Act.

(3) Organizations prescribed in the regulations

representing labour and employers and representatives of arbitrators, or where

one is formed, an organization representing arbitrators prescribed in the regulations

shall choose those persons as prescribed in subsection (4) to constitute the

arbitration committee.

(4) The arbitration committee shall be composed of

9 members of whom

(a) 3 persons shall represent labour;

(b) 3 persons shall represent employers, including

one person appointed by the minister who

shall represent government as an employer;

(c) 2 persons shall represent arbitrators; and

(

d) one person appointed by the minister who shall

represent government in an unofficial capacity.

Term of members

and operation of committee

91.2

(1) A

member of the arbitration committee shall serve for a term of up to 3 years.

(2) Notwithstanding subsection (1), a member of

the arbitration committee shall continue to serve on the arbitration committee following

the expiration of the member's term until a successor has been chosen, and following

the expiration of a member's term he or she may serve for one additional term

of up to 3 years.

(3) The arbitration committee shall be led by 2 co-chairpersons

who shall be elected by internal vote of the arbitration committee, but at all

times there shall be a co-chairperson who represents labour and a

co-chairperson who represents employers.

(4) Meetings of the arbitration committee shall be

scheduled at the call of the co-chairpersons, but there shall be no fewer than

4 meetings in a calendar year.

(5) A quorum of the arbitration committee shall be

5 members, with at least one representative each of labour, employers, and

arbitrators.

(6) Where a vote is required to be

taken in respect of a decision of the arbitration committee, the decision shall

be made on the basis of a majority vote of the members of the committee in

attendance, but where there is a tie vote, that vote shall be considered to be

defeated.

(7) The member of the arbitration committee

referred to in paragraph 91.1(4)(

d) shall be a non-voting member of the

committee and shall not be counted for a quorum of the committee.

Powers and duties

of the committee

91.3

(1) The arbitration committee shall

(

a) establish educational and experience standards

for arbitrators;

(

b) oversee qualification and training processes

for arbitrators who conduct arbitrations under this Act, including ongoing

qualification assessment and training processes;

(

c) establish and maintain a roster of persons

who, in the opinion of the arbitration committee, are qualified to conduct arbitrations

under collective agreements and this Act; and

(

d) undertake those other actions which, in the

opinion of the arbitration committee, promote the effectiveness and quality of arbitrations.

(2) The arbitration committee may develop policies

and procedures relating to its operations and to carry out its duties under

subsection (1).

Roster

91.4 The

roster of arbitrators referred to in paragraph 91.3(1)(

c) shall be provided by

the arbitration committee to the minister for the purpose of ministerial

appointments under this Act or a collective agreement, and shall remain on file

with the minister and be available to the public for viewing at all reasonable

times.

Action barred

91.5 An

action or other proceeding does not lie against the arbitration committee or a

member of the arbitration committee for anything done or omitted to be done in

good faith in the course of exercising a power or carrying out a duty under

this Act.

Regulations

91.6 The

Lieutenant-Governor in Council may make regulations prescribing the employer,

labour and arbitrator organizations from which the arbitration committee may be

constituted.

Earl G. Tucker, Queen's Printer