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SNL1999

CHAPTER H-37.2

HEALTH AND COMMUNITY SERVICES

RESUMPTION AND CONTINUATION ACT

Amended:

CHAPTER H-37.2

AN ACT TO PROVIDE FOR THE RESUMPTION AND CONTINUATION OF HEALTH

AND COMMUNITY SERVICES

(Assented to April 1, 1999)

Analysis

Short title

Definitions

Purpose of Act

Actions by union

Employees to resume work

Offences and penalties

This Act takes priority

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Health and Community Services Resumption and Continuation Act

1999 cH-37.2 s1

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Definitions

In this Act

(a)

"employee" means an employee as defined in the

collective agreement signed on

January 13, 1995

to which the Crown and the

Newfoundland

and Labrador Health and Community Services Association and the

Newfoundland

and Labrador Nurses Union are parties;

(b)

"employer" means

(

i) the government of the province, or

(ii)

a corporation, body or authority managing the delivery of health and community services to which the collective agreement referred to in paragraph (

a) applies; and

(c)

"union" means the

Newfoundland

and Labrador Nurses Union.

1999 cH-37.2 s2

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Purpose of Act

1999 cH-37.2 s3

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Actions by union

(1) Immediately upon the coming into force of this Act, the union and each official or representative of the union shall give notice to the striking employees whom it represents that a declaration or direction to go on strike, declared or given to them before the coming into force of this Act has become invalid by reason of the coming into force of this Act and shall direct the employees to return to work immediately.

(2) 1999 cH-37.2 s4

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Employees to resume work

(2) The union shall not direct, encourage, aid or abet an employee to engage in an action contrary to subsection (1).

(3) Neither the union, nor a person acting on behalf of the union, shall in any manner discipline, or direct or authorize another person to discipline, by way of suspension from the union, the imposition of a fine or otherwise, a person for the reason only that the person complies with subsection (1).

1999 cH-37.2 s5

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(2) June 30, 2001

(3) 1999 cH-37.2 s6

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Offences and penalties

(1) Where the union fails to comply with

section 4 or subsection 5(2), it is guilty of an offence and is liable on

summary conviction to a fine of $100,000, and in the case of a continuing offence, to a fine of $100,000 each day or part of a day during which the offence continues.

(2) Every official or representative of the union who fails to comply with

section 4 is guilty of an offence and is liable on

summary conviction to a fine of $10,000 and, in the case of a continuing offence, to a fine of $10,000 for each day or part of a day during which the offence continues.

(3) Every employee who fails to comply with

section 5 is guilty of an offence and is liable on

summary conviction to a fine of $1,000, and in the case of a continuing offence, to a fine of $1,000 for each day or part of a day during which the offence continues.

(4) In the case of default of payment of a fine imposed on the union or an official or representative of the union or an employee under this section, the convicting Provincial Court judge shall, upon the request of the Attorney General, furnish him or her with a certified copy of the order of conviction and fine imposed and, upon its filing in the Judgment Enforcement Registry, it is enforceable as a judgment of the Supreme Court.

(5) Each day or part of a day that a failure to comply with

section

4 or 5 continues constitutes a new and separate offence.

(6) Where the union is convicted of an offence under subsection (1), an amount of wages deducted from an employee as union dues shall be considered forfeit to the Crown and shall be paid by the employer into the Consolidated Revenue Fund until a fine which the union is liable to pay under subsection (1) has been paid in full.

1999 cH-37.2 s7

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This Act takes priority

This Act applies notwithstanding the Public Service Collective Bargaining Act.

1999 cH-37.2 s8

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