Fourth

Session, 46th General Assembly

Elizabeth II, 2011

BILL 10

AN ACT TO AMEND THE

LABOUR RELATIONS ACT

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

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

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

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

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

HONOURABLE

DARIN KING

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 provide for operational

improvements and modernization of the Act.

The Bill would also provide that where

the Labour Relations Board decides to impose a first collective agreement, there

would be no ability to strike or lock out or a strike or lock-out currently in progress

would cease.

As well, the Bill would introduce 2 new

procedures to create efficiency in the settlement of workplace disputes

a voluntary expedited

arbitration procedure, and

a voluntary grievance mediation

procedure.

A BILL

AN ACT TO AMEND THE LABOUR

RELATIONS ACT

Analysis

S.81 R&S

First collective agreement

S.83 R&S

Term of first collective agreement

3. Ss.86.1 & 86.2 Added

86.1 Expedited arbitration

86.2 Grievance mediation

S.91 R&S

Single arbitrator

S.105 Rep.

Personal grievance of employee

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-1

as amended

Section 81 of the Labour Relations Act is repealed and the following substituted:

First collective

agreement

(1) Where

a trade union certified as a bargaining agent and an employer have been engaged

in collective bargaining to conclude a first collective agreement and have

failed to do so, either party may make an application to the board to inquire

into the dispute and, where the board considers it advisable, to settle the terms

and conditions for the first collective agreement.

(2) Where the board settles the terms and

considered to constitute the collective agreement between the trade union and

the employer and to be binding on them and the employees, except to the extent

(3) Where an application is made under subsection (1), and upon the date that the

board advises the parties that it has determined that it is advisable to

proceed to impose a first collective agreement, an employee shall not strike or

continue to strike, and the employer shall not lock out or continue to lock out

the employees.

Section 83 of the Act is repealed and the

following substituted:

Term of first

collective agreement

83. Where

board under

section 81, the agreement shall be effective for a minimum period

of 18 months up to a maximum period of 36 months, as determined by the board,

from the date on which the board advises the parties that it has determined

agreement, or the date the employees returned to work, whichever is earlier.

3. The Act is amended by adding immediately after

section 86 the following:

Expedited arbitration

86.1

(1) The

parties to a collective agreement may, after exhausting the grievance procedure

established by the collective agreement, agree to refer all differences between

the parties to or persons bound by the agreement or on whose behalf it was

entered into, where those differences arise out of the

interpretation,

application, administration or alleged violation of the agreement, or a

question as to whether a matter is arbitrable, to the minister for resolution

by expedited arbitration.

(2) Where a difference is referred to the minister under this section, the minister

(

a) shall appoint an arbitrator to hear and determine the matter arising out of the

difference;

(

b) shall

fix the time period, not later than 28 days after the day on which the

difference is referred to the minister, within which the hearing by the

arbitrator will commence; and

(

c) where one party so requests and the other party agrees, may appoint a

grievance mediator to assist the parties in settling the grievance before the

hearing.

(3) Parties to a grievance under this

section

shall comply with a decision of an arbitrator issued under subsection (5) or

(6) and shall do or abstain from doing anything as required by that decision.

(4) Where

a grievance mediator is appointed under paragraph (2)(c), the grievance

mediator shall, within 10 days after the appointment or within a further time

that the minister may allow,

(

a) inquire

into the difference; and

(

b) endeavour

to assist the parties in settling the difference.

(5) Where a grievance mediator is not appointed under paragraph (2)(c), or where

the parties are unable to settle the difference with the assistance of a

grievance mediator appointed under paragraph (2)(c), the arbitrator appointed

under paragraph (2)(

a) shall

(

a) proceed

to hear and determine the matter arising out of the difference; and

(

b) issue

a written decision and written reasons for that decision within 21 days after

the conclusion of the hearing.

(6) Notwithstanding paragraph (5)(b), where jointly requested to do so by the parties to

the difference, the arbitrator shall, where possible, issue an oral decision within

one day after the conclusion of the hearing and shall issue written reasons

within 21 days after the conclusion of the hearing.

(7) In

addition to the powers conferred on arbitrators by this Act, an arbitrator

appointed under paragraph (2)(

a) has all the powers and jurisdiction conferred

by the collective agreement between the parties to the difference.

(8) Notwithstanding subsection (7), subsections

88(3) and (4) do not apply to an arbitrator appointed under paragraph (2)(a).

Grievance mediation

86.2

(1) Notwithstanding sections 86 and 88 and a

provision in a collective agreement, the parties to the collective agreement

may agree to refer one or more grievances under the collective agreement to a

grievance mediator for the purpose of resolving the grievances in an

expeditious and informal manner.

(2) The

parties shall not refer a grievance to a grievance mediator unless they have

agreed on the nature of the issues in dispute.

(3) On

a joint request by the parties, the minister shall appoint a grievance

mediator.

(4) Where

the parties jointly request the appointment of a grievance mediator under this

section, a time limit with respect to the reference of a grievance to

arbitration in the collective agreement is suspended until the date that the grievance

mediator advises the parties that the grievance mediation is concluded.

(5) The

grievance mediator shall attempt to assist the parties to settle the grievance

by mediation.

Section 91 of the Act is repealed and following

substituted:

Single arbitrator

91. Where

the parties to a collective agreement so agree, a single arbitrator may be

appointed instead of an arbitration board, and, where a single arbitrator is

appointed under this section, the arbitrator has the powers and duties

conferred and imposed on an arbitration board under this Act.

Section 105 of the Act is repealed.

William E. Parsons, Queen's Printer