Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 31

AN ACT TO AMEND THE ROYAL NEWFOUNDLAND

CONSTABULARY ACT, 1992

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE KELVIN PARSONS

Minister of Justice

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Royal Newfoundland Constabulary Act, 1992 to provide that in the event government and the representatives of the members of the constabulary are unable to negotiate a collective agreement the matters in dispute between them would be settled by binding arbitration. Presently an arbitration award must be submitted to the Lieutenant-Governor in Council for approval.

The Bill would also confer on the Lieutenant-Governor in Council authority to make regulations respecting matters pertaining to binding arbitration.

A BILL

AN ACT TO AMEND THE ROYAL NEWFOUNDLAND CONSTABULARY ACT, 1992

Analysis

1. Ss.47-53 R&S

47. Request for arbitrator

48. Conduct of arbitration

49. Regulations re:

arbitration

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

SN1992 cR-17

as amended

1. Sections 47 to 53 of the Royal Newfoundland Constabulary Act, 1992 are repealed and the following substituted:

Referral to arbitrator

(1) Where, after bargaining under

section 46, the government negotiator or the bargaining committee is satisfied that an agreement cannot be reached, he, she or they may by written notice to the other party require matters in dispute to be referred to arbitration.

(2) Each party shall assume its own costs with respect to the arbitration and, in the event the arbitration is conducted by an arbitration board, each party shall share the cost of the chairperson equally.

Conduct of arbitration

(1) An arbitration begun under

section 47 shall be conducted in the manner provided for in the regulations made under

section 49.

(2) The decision of the arbitrator is final and binding on the parties to the arbitration.

Regulations re: arbitration

49. The Lieutenant-Governor in Council may make regulations with respect to

(

a) whether an arbitration shall be conducted by a single arbitrator or by a board of arbitrators;

(

b) time limits for the appointment of an arbitrator once a notice is given under subsection 47(1);

(

c) the composition of a board of arbitrators, where a board is appointed in accordance with a regulation made under paragraph (a);

(

d) the powers of an arbitrator including the power to establish time limits for the conduct of an arbitration and to set the period during which the arbitrator's award would be binding on the parties to whom it applies;

(

e) the criteria an arbitrator shall apply in making an arbitration award; and

(

f) generally to facilitate the conduct of an arbitration between the parties.

©Earl G. Tucker, Queen's Printer