Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 69

AN ACT TO AMEND THE

FISHING INDUSTRY

COLLECTIVE BARGAINING ACT

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

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

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

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

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

HONOURABLE

PAUL SHELLEY

Minister

of Human Resources, Labour and Employment

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Fishing Industry Collective Bargaining Act .

Clause 1 of the Bill would amend the

Act to correctly refer to the area of Labrador to which the Labrador Inuit

Land Claims Agreement Act applies.

Clauses 2 to 5 of the Bill would

amend the Act to clarify, when those sections are read in light of subsection

2(5) of the Act, that the sections amended do not apply to processors in the

Labrador Inuit Settlement Area.

Clause 6 of the Bill would amend the

Act to give the minister responsible for labour relations authority to

determine, by regulation, the method the Standing Fish Price-Setting Panel

shall apply in establishing fish prices and conditions of sale of a fish

species where parties to collective bargaining have been unable to reach an

agreement.

Clause 7 of the Bill would amend the

Act to provide that the panel may, on application, reconsider a decision it has

previously given relating to price and conditions of sale of a fish species

where the panel believes that the failure to reconsider its decision would

place the conduct of the fishery concerned in jeopardy.

A BILL

AN ACT TO AMEND THE FISHING INDUSTRY

COLLECTIVE BARGAINING ACT

Analysis

S.2 Amdt.

Interpretation

S.13.6 Amdt.

Binding effect

S.19.8 Amdt.

Time limit for agreement

S.19.9 Amdt.

Panel to establish agreement

S.19.10 Amdt.

Where no collective bargaining occurs

S.19.11 R&S

Settlement of dispute by panel

S.19.14 R&S

19.14 Panel may

reconsider a

decision

19.15 Sections apply

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-18

as amended

1. Subsection 2(5) of the Fishing Industry Collective Bargaining Act is amended by striking

out the words "Labrador Inuit Land Claims Area" and substituting the

words "Labrador Inuit Settlement Area".

2. Subsection 13.6(1) of the Act is amended by

adding immediately after the words "a processor" the words "in

the province".

(1) Subsection 19.8(1) of the Act is

amended by adding immediately after the words "all processors" the

words "in the province".

(2) Subsection 19.8(2) of the Act is amended by

adding immediately after the words "all processors" the words

"in the province".

(1) Subsection 19.9(1) of the Act is

amended by adding immediately after the words "all processors" the

words "in the province".

(2) Subsection 19.9(3) of the Act is amended by

adding immediately after the words "all other processors" the words

"in the province".

Section 19.10 of the Act is amended by adding

immediately after the words "all other processors" the words "in

the province".

Section 19.11 of the Act is repealed and the

following substituted:

Settlement of dispute

by panel

19.11

(1) Notwithstanding subsection 19.9(3), where the parties to collective bargaining

are a certified bargaining agent and an accredited processors' organization or

a processors' organization that represents processors in the province that

process the majority percentage of a fish species and those parties appear

before the panel under subsection 19.9(2), the panel shall hear and consider their

positions on price and conditions of sale and shall, in accordance with the

regulations, make a decision with respect to the matters in dispute between the

parties relating to price and conditions of sale.

(2) The panel shall notify the parties of its decision

not later than 3 days before the normally scheduled opening date of the fishery

concerned and the decision of the panel is final and binding on the parties and

on all other processors in the province that process that species of fish to

which the panel's decision relates and constitutes a collective agreement or

part of a collective agreement between them.

(3) The minister may make regulations

(

a) establishing the method that the panel shall

apply in making a decision under subsection (1) or delegating to the panel the

authority to establish its own method; and

(

b) generally respecting the powers and duties of

the panel in making a decision under this section.

Section 19.14 of the Act is repealed and the

following substituted:

Panel may reconsider

a decision

19.14

(1) A

certified bargaining agent, an accredited processors' organization or a

processors' organization that represents processors that produce the majority

percentage of a fish species may apply to the panel to reconsider a decision

respecting price and conditions of sale.

(2) On an application to it under subsection (1),

the panel may reconsider its decision and may confirm or vary the decision

taking into consideration criteria that it may establish.

(3) Notwithstanding subsection (2), the panel

shall only reconsider its decision where it believes the failure to do so would

jeopardize the conduct of the fishery to which its decision applies.

Sections apply

19.15 Where

there is a conflict between the other provisions of this Act and sections 19.1

to 19.14, sections 19.1 to 19.14 apply.

Earl G. Tucker, Queen's Printer