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RSNL1990

CHAPTER L-1

LABOUR RELATIONS ACT

Amended:

1991 c21 s1; 1991 c35 s8; 1991c47 ss1-4; 1991 c47 s5 (not in force therefore not included in this consolidation); 1991 c47 ss6&7; 1992 c39 s8; 1993 c58; 1994 c28 s13; 1997 c14; 1997 c44; 2001 c12: 2001 c33 s43; 2001 cN-3.1 s2; 2006 c40 s9; 2006 c46; 2008 c18; 2011 c9; 2012 c30 ss1 to 12 & 14 to 20; 2012 c30 s13 (see 2014 c21 s1); 2013 c3 s41; 2013 c16 s25; 2014 c19; 2014 cP-37.2 s29, 2017 c20 s1; 2017 c21 s1;2022 cP-3.02 s18; 2023 cE-14.3 s31; 2025 c4 s244

CHAPTER L-1

AN ACT RESPECTING LABOUR RELATIONS IN THE PROVINCE

Analysis

Short title

Interpretation

Exceptions to Act

Construction

Rights of employees and employers

PART I

LABOUR RELATIONS BOARD

Continuation of board

Vacancies

Chief executive officer

Panels of board

9.1

Jurisdictional umpire

9.2

Membership continued

9.3

Role of chairperson and vice-chairperson

Quorum

Decision of panel

Written reasons

Remuneration and oath of office

Undue interest

Powers

15.1

Protection from liability

Delegation of powers

Reference or application to board

17.1

Referral under Public Interest Disclosure and Whistleblower Protection Act

Powers of board

18.1

Unlawful strikes and lockouts

Effect of decision

19.1

Review of bargaining unit

Application of orders

Enforcement of board or panel order

Rules of general application

PART II

LABOUR RIGHTS AND PRACTICES

Unfair labour practices

Discrimination and restraints

Prohibitions relating to employers

Threats

Right to suspend

Coercion and persuasion

Organized slow-down

Right to membership hearing

Closed shop

Invalid provision

Non-union employees' seniority

Access order

Assignment of wages, etc.

PART III

ORGANIZATION OF PARTIES FOR COLLECTIVE BARGAINING

Division I - Bargaining Agents and Units

Application for certification

Union membership

Certification of bargaining agent

38.1

Bargaining unit for offshore platform

Certification of a group of employees

Unit based on professions

Requirements relating to council

41.1

Board to determine appropriateness of council

Deferment of application of council

Unit in terms of geographic area

No certification in certain cases

Alteration of wages

Examination of records

Taking of votes and ballot

47.1

Rep. by 2014 c19 s3

Condition precedent

Certification of council

Exclusive authority

Revocation of certification

51.1

Revocation vote

Time for dealing with revocation

Dissolution of council

Division II - Employers' Organization

Interpretation

Membership

Delivery of lists of employers

56.1

Mandatory employers' organization

Application of sections

Accreditation as sole agent

Representation vote of employers

Prerequisites of accreditation, etc.

Accreditation

Results of accreditation

Addition of employers

Collective agreements

Application for revocation

Revocation

Result of revocation

Certain agreements void

Division III - Special Projects

Rep. by 2012 c30 s10

Declaration of special projects

PART IV

COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS

Division I - Collective Bargaining

Good faith

Notice to begin collective bargaining

Timing of notice

Time limit

Time limit

Composition

Representation

Extra-provincial company

Rep. by 2014 c19 s6

Rep. by 2014 c19 s6

First collective agreement

81.1

Arbitration of agreement

81.2

Beginning and termination

81.3

Term of agreement

Presentation of evidence

Term of first collective agreement

Division II - Collective Agreements

Binding effect

Voluntary agreement

85.1

Labour management committee

Arbitration provision

86.1

Expedited arbitration

86.2

Grievance mediation

Union dues

Powers of arbitration board

88.1

Where businesses under common control

Questions referred to board

Enforcement of arbitration

Single arbitrator

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

Settlement by arbitration

Where business transferred

Claim to successor rights

Change of name

Copy of collective agreement

Documents to be filed with board

PART V

CONCILIATION PROCEEDINGS

Appointment of conciliation officer

Conciliation officers report to minister

Appointment of conciliation board

100.1

Rep. by 2014 c19 s9

100.2

Rep. by 2014 c19 s9

Conciliation board appointment

Removal and replacement of members

Oath of office

Terms of reference

Conciliation

Witnesses and documents

Entry and inspection

Report to minister

Copy and publication

Parties to acknowledge receipt

Filing of evidence with minister

Evidential value of report

Parties bound

Failure to report

Appointment of mediator

PART VI

STRIKES AND LOCKOUTS

Conditions precedent

No strikes while agreement in force

Conditions precedent to strikes and lockouts

Strike vote mandatory

Condition precedent to strike on platform

Liability of employees

121.1

Suspension or discontinuance of operations

PART VII

ENFORCEMENT

Making complaints

Directive of board re complaints

Failure to comply with directives

Illegal lockout

Illegal strike

General offence and penalty

Certain acts permitted

Investigation and report of alleged contravention

Complaints of employees to board

Prosecution of employees' organization

Bargaining agent may make complaint

Consent of minister to prosecute

Interim injunction and contempt

PART VIII

PROCEEDINGS AND INQUIRIES

Execution of documents

Notice

Documents as evidence

Proof of certificate

Technical irregularity

Industrial inquiries

PART IX

TRADE UNIONS GENERALLY

Status of union

Constitution to be filed

Financial statements

PART X

ADMINISTRATION

Administration by Canada

Witness fees

Clerical assistance

Regulations

Rep. by 2006 c40 s9

Appointment of officers

Expenses of administration

Fines and penalties

Short title

This Act may be cited as the Labour Relations Act.

1977 c64 s1

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Interpretation

(1)In this Act

(a)

"arbitration board" means an arbitration board appointed under this Act or a collective agreement and includes another body selected by the parties to a collective agreement to settle a difference between them;

(a.1)

"arbitration committee" means the Labour Management Arbitration Committee;

(b)

"bargaining agent" means a trade union or a council of trade unions that acts on behalf of employees

(

i) in collective bargaining, or

(ii)

as a party to a collective agreement with their employer or an employers' organization;

(c)

"board" means the Labour Relations Board continued under this Act;

(d)

"certified bargaining agent" means a bargaining agent that has been certified under this Act by a valid and existing certificate;

(e)

"chairperson" means chairperson of the board;

(f)

(g)

"collective bargaining" means negotiating with a view to the conclusion of a collective agreement or the renewal or revision of the agreement;

(h)

"conciliation board" means a conciliation board appointed by the minister under this Act;

(i)

"conciliation officer" means a person appointed as such under this Act;

(j)

"council of trade unions" means 2 or more trade unions organized as a council in accordance with this Act;

(k)

(k.1)

"Director of Labour Standards" means the Director of Labour Standards appointed under the Labour Standards Act;

(l)

"dispute" or "industrial dispute" means a dispute or difference or apprehended dispute or difference between an employer and 1 or more of his or her employees, or a bargaining agent acting on behalf of his or her employees, as to matters or things affecting or relating to terms or conditions of employment or work done or to be done by the employees or as to privileges, rights and duties of the employer or the employee;

(m)

"employee" means a person employed to do skilled or unskilled manual, clerical or technical work and includes a professional employee and a dependent contractor but does not include a manager or superintendent or other person who, in the opinion of the board, exercises management functions or is employed in a confidential capacity in matters relating to labour relations;

(n)

"employer" means a person who employs 1 or more employees, and includes a council of a town, community, region or local service district constituted or continued under the Municipalities Act,

or a city, region or municipality established under

an Act;

(o)

"employers' organization" means an organization of employers the purposes of which include regulation of relations between employers and employees;

(o.1)

"licensed operator" means a person who is the holder of an operating licence issued under

Part III of Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

(p)

"lockout" includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of his or her employees, done to compel his or her employees or to help another employer to compel that employer's employees, to agree to terms or conditions of employment;

(q)

"minister" means the minister appointed under the Executive Council Act

to administer this Act;

(r)

"panel" means a panel of the board established under

section 9;

(s)

"party" means a person bound by a collective agreement or involved in a dispute;

(t)

"professional employee" means an employee who

(

i) is in the course of his or her employment engaged in the application of specialized knowledge ordinarily acquired by a course of instruction and study resulting in graduation from a university or a similar institution, and

(ii)

is, or is eligible to be, a member of a professional organization that is authorized by a statute to establish the qualifications for membership in the organization;

(u)

"special project" means an undertaking for the construction of works designed to develop a natural resource or establish a primary industry that is planned to require a construction period exceeding 2 years, and includes all ancillary work, services and catering relating to the undertaking or project;

(v)

"strike" includes

(

i) a cessation of work, or refusal to work or to continue to work, by employees, in combination or in concert or in accordance with a common understanding, and

(ii)

a slow-down of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output;

(w)

"trade union" or "union" means a local or provincial organization or association of employees, or a local or provincial branch of a national or international organization or association of employees within the province that has as 1 of its purposes the regulation in the province of relations between employers and employees through collective bargaining but does not include an organization or association of employees or a council of trade unions that is dominated or influenced by an employer; and

(x)

"unit" means a group of 2 or more employees determined in accordance with this Act for the purposes of collective bargaining.

(2) A person does not stop being an employee within the meaning of this Act by reason only of his or her stopping work as the result of a lockout or strike or by reason only of dismissal contrary to this Act.

(3) Where in this Act the word "appropriate" is used with reference to a unit, that expression shall be taken to refer to a unit that is appropriate for collective bargaining whether it is an employer unit, craft unit, technical unit, plant unit or other unit, and whether or not the employees in the unit are employed by 1 or more employers.

(4) A person is for the purposes of

section l4 considered to have an undue interest in a matter

(

a) where he or she declares such an interest; or

(

b) where a majority of the other members of the board or panel declares that he or she has.

1977 c64 s2; 1979 c33 Sch C; 1983 c60 s1; 1984 c40 Sch B; 1989 c25 Sch B; 1990 c22 s1; 1997 c44 s1 ; 2001 cN-3.1 ; 2001 c33 s43 ; 2008 c18 s1 ; 2012 c30 s1 ; 2025 c4 s244

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Exceptions to Act

This Act does not apply to an employee in respect of whom collective bargaining may be conducted under

(

a) the Royal Newfoundland

Constabulary Act;

(

b) the Fishing Industry Collective Bargaining Act;

(

c) the Teachers Collective Bargaining Act;

(

d) the Public Service Collective Bargaining Act; or

(

e) sections 340.1 to 340.24 of The City of St. John's

Act.

1977 c64 s3; 1991 c35 s8

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Construction

Where in the course of an industrial dispute the parties to the dispute decide to terminate the dispute by recourse to arbitration or to the process commonly known as final offer selection or to other means of achieving a collective agreement satisfactory to the parties, nothing in this Act shall be construed to prevent the parties from reaching collective agreement by those means.

1977 c64 s4; 1983 c60 s2

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Rights of employees and employers

(1)An employee has the right to be a member of a trade union and to participate in its activities.

(2) An employer has the right to be a member of an employers' organization and to participate in its activities.

1977 c64 s5

PART I

LABOUR RELATIONS BOARD

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Continuation of board

(1)The Labour Relations Board is continued.

(2) Subject to subsections (3) to (7.2), the board shall be composed of

(

a) a chairperson, who holds office for 5 years;

(b)

2 persons representative of employers, who hold office for 2 years; and

(c)

2 persons representative of employees, who hold office for 2 years.

(3) The Lieutenant-Governor in Council shall appoint the chairperson and members of the board.

(4) The Lieutenant-Governor in Council shall appoint 1 or more persons to be vice-chairpersons of the board who, subject to subsection (7.2), hold office for 5 years, and shall, in accordance with the regulations that may be made, act in the place of the chairperson during the absence of the chairperson and the vice-chairperson is a member of the board while he or she is so acting.

(5) The Lieutenant-Governor in Council may appoint as many persons as he or she considers appropriate but in number equally representative of employees and employers in the province to serve as alternate members of the board and as members of a panel of the board and the persons appointed hold office for 2 years.

(6) A person appointed under subsection (5) as a representative of employers may serve on the board in the absence of a person appointed under paragraph (2)(

b) or where that person has an undue interest.

(7) A person appointed under subsection (5) as a representative of employees may serve on the board in the absence of a person appointed under paragraph (2)(

c) or where that person has an undue interest.

(7.1) The persons appointed under subsection (5) shall be considered to be members of the board only while serving on the board or on a panel of the board.

(7.2) Persons appointed under subsections (3), (4) and (5) hold office during pleasure and are eligible for reappointment.

(8) Where a vacancy occurs on the board, because of the death, illness, resignation or removal of a person or for other reasons, the Lieutenant-Governor in Council may appoint a person to fill the vacancy, and a person so appointed may serve for the unexpired portion of the term of the person whom he or she replaces.

(9) Where the term of office of a person appointed under subsection (3) or (4) expires, he or she continues to be a member of the board until he or she is reappointed or replaced.

(10) Where the term of office of a person appointed under subsection (5) expires, he or she continues to be an alternate member of the board until he or she is reappointed or replaced.

1977 c64 s6; 1983 c60 s3; 1991 c47 s1 ; 2006 c46 s1 ; 2012 c30 s2 ; 2017 c21 s1

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Vacancies

(1)During the incapacity or absence of the chairperson or during a vacancy in the office of chairperson, the vice-chairperson or another member of the board designated by the Lieutenant-Governor in Council has and may exercise the powers of the chairperson and shall perform his or her duties.

(2) Notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the board, all acts done by the board are as valid as if that defect had not existed.

(3) The board shall have an official seal to be approved by the Lieutenant-Governor in Council.

(4) The affixing of the official seal of the board shall be certified by the chief executive officer of the board or by the person acting as secretary of the board.

(5) A contract or instrument that if entered into or executed by a natural person would not be required to be under seal may be entered into or executed on behalf of the board by a person generally or specially authorized by the board for that purpose.

1977 c64 s7; 1983 c60 s4

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Chief executive officer

(1)There shall be a chief executive officer of the board to be appointed by the Lieutenant-Governor in Council to hold office during pleasure.

(2) Subject to the direction of the board, the chief executive officer shall perform the powers and duties conferred or imposed on him or her by this Act.

(3) There may be employed in the manner provided by law a secretary and those officers and employees of the board that are necessary to enable the board to carry out its functions, and the Lieutenant-Governor in Council may fix their remuneration and terms of service.

(4) With the approval of the Minister of Justice, the board may employ or retain those full-time or part-time solicitors that may be necessary to enable the board to carry out its functions, at the remuneration that the Lieutenant-Governor in Council may fix.

1977 c64 s8

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Panels of board

(1)The chairperson may establish 1 or more panels of the board and in respect of matters referred to a panel by the chairperson a panel has and shall exercise the power and authority of the board, and 2 or more panels may proceed with separate matters at the same time.

(2) The chairperson shall preside at meetings of the panel of which he or she is a member and the vice-chairperson shall preside at meetings of all other panels.

(3) A panel consists of the chairperson, or the vice-chairperson, if appointed by the chairperson, and 1 member representative of employers and 1 member representative of employees selected by the chairperson from among the group of persons appointed under subsection 6(2) or (5).

(4) The chairperson may, subject to making the appointment in accordance with subsection (3), fill a vacancy on a panel however caused.

(5) The chairperson may refer to a panel a matter that is before the board and to the board or another panel a matter that is before a panel.

(6) A panel stops existing when the matter it is considering is, in the opinion of the person acting as its chairperson, completed.

(7) A decision or action of the construction industry panel or other panel of the Board appointed under subsection 9(1) as enacted by

chapter 64 of 1977, whether that decision was made before or after the coming into force of this subsection, is not invalid or ineffective by reason only of a defect in the constitution of the panel.

(8) Notwithstanding another provision of this section, the chairperson shall not establish a panel of the board to consider and decide a matter referred to the board under subsection 17(3).

1977 c64 s9; 1991 c21 s1 ; 1991 c47 s2 ; 2001 c33 s43

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Jurisdictional umpire

9.1

(1)The Lieutenant-Governor in Council may, after consulting unionized employers and trade unions, appoint as a member of the board, a person to act as a jurisdictional umpire, in this

section referred to as the "umpire".

(2) (3) A unionized employer, employers' organization, a trade union or council of trade unions may apply to the board for a determination of a jurisdictional dispute between unions in relation to which an employer for which the union is certified or has voluntarily recognized the union and the umpire shall, after giving all interested parties an opportunity to make submissions, give a decision in the matter.

(4) In giving a decision with respect to a jurisdictional dispute the umpire shall consider existing agreements, decisions of the board and other adjudicative bodies and, in the absence of existing agreements, decisions of the board and other adjudicature bodies, past and area practices.

(5) In this

section "jurisdictional dispute" means a dispute in which a trade union alleges that work which would, taking into consideration an existing agreement, decisions in previous disputes or local and area practice, ordinarily have been assigned to its members has been assigned to members of another union and the union to which the work has been assigned contends that the assignment of work is a proper one.

(6) A decision of the umpire has the same effect as a decision of the board and is final and binding and not subject to review.

(7) Where a unionized employer, employers' organization, a trade union or council of trade unions agree or have agreed, either before or after the commencement of this section, as part of a collective agreement, to an individual to act as jurisdictional umpire for jurisdictional disputes, this

section shall not apply unless the parties to the collective agreement mutually agree on its application.

1991 c47 s3 ; 1992 c39 s8

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Membership continued

9.2

Where a matter has been referred to the board or a panel or a proceeding before it begun and the appointment of a member, who has been participating in the board's or panel's consideration of the matter referred to it or in the proceeding, expires, or the member resigns, before the board or panel concludes its consideration of the matter or gives a decision, the member, for the purpose of the board's or panel's concluding its consideration of the matter or giving its decision, shall be considered to continue to be a member of the board or panel.

1991 c47 s3

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Role of chairperson and vice-chairperson

9.3

(1)A matter referred to the board under subsection 17(3) and authorized to be dealt with by the board under paragraphs 18(

l) and (

m) shall be dealt with by the chairperson or, where the matter is referred to him or her by the chairperson, by the vice-chairperson of the board.

(1.1) The chairperson, or the vice-chairperson, when the matter is referred to him or her by the chairperson, may alone determine a matter that comes before the board with respect to

(

a) an uncontested application or question;

(

b) notwithstanding the reference to the board in subsection 47(5) or 51.1(4), a request for an extension of time for taking a vote; and

(

c) preliminary questions of evidence or procedure.

(2) In dealing with a matter under subsection (1) or (1.1) the chairperson and the vice-chairperson have all the powers this Act confers on the board to deal with a matter referred to it.

(3) The rules and regulations made under this Act that apply to the board apply, with the necessary changes, to the chairperson and the vice-chairperson in dealing with a matter under subsection (1) or (1.1).

(4) Notwithstanding subsection (3), the chairperson may make alternative rules to those which would apply to the board if the board were dealing with a matter under subsection (1) or (1.1) and, where the chairperson makes alternative rules, they apply instead of the rules that would apply to the board were the board dealing with the matter.

(5) Subsection 6(4) does not apply to the vice chairperson in dealing with a matter under subsection (1) or (1.1) of this section.

2001 c33 s43 ; 2006 c46 s2

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Quorum

(1)The board or a panel shall not proceed or continue with a matter unless a quorum is present.

(2) A quorum of the board is the chairperson or the vice-chairperson and 2 of the other members referred to in subsection 6(2) equally representative of employees and employers; and a quorum of a panel is the chairperson, or the vice-chairperson if appointed chairperson of the panel under subsection 9(3), and all the other members of the panel.

(3) The decision of a majority of the members of the board or of a panel present and constituting a quorum at a proceeding is a decision of the board but where there is a tie vote the person acting as chairperson may cast a 2nd vote.

(4) Where a question arises whether a matter is one referred to a panel, the question shall be determined by the panel in the first instance, subject to final determination by the chairperson of the board.

(5) Where a panel deals with an aspect of a matter referred to it under

section 9, all rules and regulations made under this Act and applicable to the board in similar circumstances apply, with the necessary changes, to the panel.

1977 c64 s10

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Decision of panel

A decision of a panel on a matter referred to it under

section 9 is a decision of the board.

1977 c64 s11

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Written reasons

(1)In a matter that comes before it, the board and a panel shall give written reasons for its decision where requested to do so by the parties.

(2) A set of reasons given by the board under subsection (1) shall be filed with the secretary of the board and copies shall be provided to the minister and each of the parties.

1977 c64 s12

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Remuneration and oath of office

(1)The members of the board and of a panel shall be paid the remuneration that the Lieutenant-Governor in Council may fix and the actual and reasonable expenses that they incur in the discharge of their duties.

(2) Each member of the board or of a panel shall, before acting as a member, take and sign before a person authorized to administer oaths or affirmations and file with the minister an oath or affirmation in the following form:

"I solemnly swear (affirm) that I will faithfully, truly and impartially to the best of my knowledge, skill and ability execute and perform the office of member (alternate member) of the Labour Relations Board (this panel of the Labour Relations Board) and that I will not, except in the discharge of my duties as a member (alternate member) of the board (panel), disclose to a person evidence or other matters brought before the board (panel)." (Where an oath is taken, add "So help me God".).

1977 c64 s13

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Undue interest

A person shall not sit as a member of the board or of a panel in the hearing of a matter in which he or she has an undue interest.

1977 c64 s14

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Powers

(1)A member of the board and of a panel has the powers that are or may be conferred on a commissioner under the Public Inquiries Act.

(2) The board or panel may receive or accept evidence and information on oath, affidavit or otherwise that it considers appropriate, whether or not that evidence or information is admissible as evidence in a court of law.

1977 c64 s15

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Protection from liability

15.1

An action or other proceeding does not lie against the board or a member of the board 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.

2012 c30 s3

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Delegation of powers

(1)The board or a panel may by order authorize a person or board to exercise or perform its powers or duties under this Act relating to a particular matter and may attach to the order those conditions that the board considers appropriate or necessary.

(2) A person or board authorized to exercise or perform powers or functions under subsection (1) has, for the purpose of exercising or performing those powers or functions, the powers that are or may be conferred on a commissioner under the Public Inquiries Act

and he or she shall exercise or perform those powers or functions subject to the conditions attached to an order issued under subsection (1).

1977 c64 s16

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Reference or application to board

(1)The minister may refer to the board for a determination a matter referred to in paragraph 18(k).

(2) A trade union, council of trade unions, employer or employers' organization may apply to the board for a determination of a matter referred to in paragraph 18(k).

(2.1) An employer or provider of services may apply to the board under

section 201.60 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

for a determination as to whether an employee received wages and benefits

(

a) under subsection 201.49(3) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

knowing that no circumstances existed warranting the employee's refusal to perform an activity; or

(

b) under subsection 201.52(3) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

knowing that no circumstances exited warranting the employee's refusal to be transported.

(3) The Director of Labour Standards or a person aggrieved by a decision of the Director of Labour Standards may apply to the board for the determination of a matter referred to in paragraph 18(l).

(4) An employee may apply to the board, in accordance with

section 51 of the Occupational Health and Safety Act,

for a determination as to whether the actions of his or her employer or trade union were discriminatory.

(4.1) An employee may, either personally or through a representative, apply to the board, in accordance with

(

a) paragraph 201.57(1)(

a) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

for a determination as to whether the employer or provider of services has failed to pay wages or grant a benefit to the employee as required; or

(

b) paragraph 201.57(1)(

b) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

for a determination as to whether a person or organization has taken or threatened to take reprisal action against the employee.

(5) A person aggrieved by a decision of

(

a) the assistant deputy minister under sections 27 to 30 of the Occupational Health and Safety Act;

(

b) an occupational health and safety officer and confirmed by the assistant deputy minister under

section 32 of the Occupational Health and Safety Act

may apply to the board for a variation or revocation of the assistant deputy ministers decision.

(5.1) A person who is, or a union representing an employee who is, aggrieved by a decision or order of

(

a) a special officer under

section 201.89 or subsections 201.90(1) or (2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act;

(

b) the chief safety officer under subsection 201.43(1) or (2),

201.47(10), 201.51(11) or

section 201.89 or subsections 201.90(1) or (2) or 201.96(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

may apply to the board under

section 201.97 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

for a confirmation, variation or revocation of the officer's decision and the board may make an order that a health and safety officer has the power to make under subsection 201.90(1) or (2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

where it is related to the subject matter of the decision or order being appealed and the board is satisfied that the danger still exists.

1986 c33 s9; 2001 c33 s43 ; 2012 c30 s4 ; 2013 c3 s41 ; 2025 c4 s244

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Referral under Public Interest Disclosure and Whistleblower Protection Act

17.1

(1)An employee or former employee who alleges that a reprisal has been taken against him or her may apply to the board in accordance with

section 22

of the Public Interest Disclosure and Whistleblower Protection Act

for a determination of whether a reprisal has been taken contrary to

section 21

of that Act.

(2) Notwithstanding subsection (1), where the board determines that another proceeding is capable of appropriately dealing with the substance of a complaint, the board may, at any time before the complaint is considered, defer further consideration of the complaint until the outcome of the other proceeding.

(3) In making a determination under subsection (2), the board shall consider all relevant factors, including the subject matter and nature of the other proceeding and the adequacy of the remedies available in the other proceeding in the circumstances.

(4) Where the board defers consideration of a complaint, the board shall serve the parties to the complaint with a written notice of and the reasons for the deferral.

(5) The board may dismiss all or part of a complaint where the board is satisfied that

(

a) this Act provides no jurisdiction to deal with the complaint or that part of the complaint;

(

b) the complaint or that part of the complaint is trivial, frivolous, vexatious or made in bad faith; or

(

c) the substance of the complaint or that part of the complaint has been appropriately dealt with in another proceeding.

(6) Where the board dismisses all or part of a complaint, the board shall serve the parties to the complaint with a written notice of and the reasons for the dismissal.

2014 cP-37.2 s29

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Powers of board

In relation to a proceeding before it, or to determine a matter referred to it by the minister or under an application made to it, the board may

(

a) examine the evidence that is submitted to it respecting the membership of employees in a trade union seeking certification;

(a.1)

order pre-hearing procedures, including pre-hearing conferences;

(a.2)

compel, at any stage of a proceeding, a person to provide information or produce the documents or things that may be relevant to a matter before it, after providing the parties an opportunity to make representations;

(a.3)

limit the scope of a hearing;

(

b) examine documents forming or relating to the constitution or articles of association of

(

i) a trade union or council of trade unions that is seeking certification, or

(ii)

a trade union forming part of a council of trade unions that is seeking certification;

(

c) make those investigations, inquiries and examination of records that it considers necessary;

(

d) require an employer to post and keep posted in appropriate places a notice that the board considers necessary to bring to the attention of an employee a matter relating to a proceeding;

(

e) enter the premises of an employer where work is being or has been done by employees and inspect and view the work, material, machinery, appliances or articles there and interrogate persons respecting a matter that is before the board in a proceeding;

(

f) enter upon an employers' premises for the purpose of conducting representation votes during working hours;

(

g) authorize a person to do anything that the board may do under paragraphs (c), (

e) and (

f) and to report to the board on them;

(

h) adjourn or postpone a proceeding;

(

i) shorten or extend the time for instituting a proceeding or for doing

an act, filing a document or presenting evidence in connection with the proceeding;

(

j) amend or permit the amendment of a document filed in connection with a proceeding by either party to a proceeding at any stage of the proceeding;

(

k) decide a question that may arise in a proceeding, or under an application made to it, or referred to it by the minister, including a question as to whether

(

i) a person is an employer or employee,

(ii)

a person performs management functions or is employed in a confidential capacity in matters relating to labour relations,

(iii)

a person is a member in good standing of a trade union,

(iv)

an organization or association is an employers' organization, a trade union or a council of trade unions,

(

v) a group of employees is a unit appropriate for collective bargaining,

(vi)

a collective agreement has been entered into,

(vii)

a person or organization is a party to or bound by a collective agreement,

(viii)

a collective agreement is in operation,

(ix)

a party to collective bargaining has failed to comply with paragraph 74(

a) or paragraph 75(a), or

(

x) an unlawful strike or lockout has occurred or been declared, authorized or threatened;

(k.1)

make orders upon employers and trade unions in accordance with

section 52 of the Occupational Health and Safety Act;

(k.2)

confirm, revoke or vary a decision of the assistant deputy minister made under sections 27 to 30 of the Occupational Health and Safety Act

or confirmed or varied under

section 32 of the Occupational Health and Safety Act;

(k.3)

make a determination of whether a reprisal has been taken contrary to

section 21

of the Public Interest Disclosure and Whistleblower Protection Act ;

(k.4)

consider and decide upon those matters referred to it which fall within the scope and intent of the Essential Ambulance Services Act ;

(

l) consider and decide upon those matters referred to it which fall within the scope and intent of the Labour Standards Act ;

(l.1)

consider and decide upon those matters referred to it which fall within the scope and intent of

Part II of the Pay Equity and Pay Transparency Act ;

(

m) make orders upon employers, employees and directors of corporations respecting a matter referred to it under the Labour Standards Act , including orders as to the payment of wages, tips, gratuities or surcharges instead of tips or gratuities, payable to employees and orders requiring compliance with an obligation imposed upon employers, employees or directors of corporations under the Labour Standards Act ;

(

n) make orders upon employers, providers of services, a person or an organization respecting a matter referred to it under the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act ; and

(

o) confirm, vary or revoke an order or decision of a health and safety officer under

section 201.89 or subsections 201.90(1) or (2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

or the chief safety officer under subsections 201.43(1) or (2), 201.47(10), 201.51(11) or

section 201.89 or subsections 201.90(1) or (2) or 201.96(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act.

1977 c64 s17; 1983 c60 s5; 2001 c12 s1 ; 2001 c33 s43 ; 2006 c46 s3 ; 2012 c30 s5 ; 2014 cP-37.2 s29 ; 2013 c3 s41 ; 2023 cE-14.3 s31 ; 2022 cP-3.02 s18 ; 2025 c4 s244

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Unlawful strikes and lockouts

18.1

(1)Where, on the complaint of a trade union, council of trade unions, employer or employers organization, the board is satisfied that

(

a) a trade union or council of trade unions declared or authorized or threatened to declare or authorize an unlawful strike;

(

b) an officer, official or agent of a trade union or council of trade unions counselled or procured or supported or encouraged an unlawful strike or threatened an unlawful strike;

(

c) an employee has engaged in or threatened to engage in an unlawful strike; or

(

d) a person has done or is threatening to do

an act that the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike,

the board may declare that an action referred to in paragraphs (

a) to (

d) has occurred and may direct the action a person, employee, employer, employers organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or the threat of an unlawful strike.

(2) Where, on the complaint of a trade union, council of trade unions, employer or employers organization, the board is satisfied that

(

a) an employer or employers organization declared or authorized or threatened to declare or authorize an unlawful lockout or locked out or threatened to lock out employees; or

(

b) an officer, official or agent of an employer or employers organization counselled or procured or supported or encouraged an unlawful lockout or threatened an unlawful lockout,

the board may declare that the action referred to in paragraph (

a) or (

b) has occurred and may direct the action a person, employee, employer, employers organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful lockout or the threat of an unlawful lockout.

(3) A directive issued under subsection (1) or (2) is binding upon the person, employee, employer, employers organization, trade union, council of trade unions and their officers, officials or agents to whom it is directed with respect to a strike or lockout referred to in that directive and a future strike or lockout that occurs for the same or substantially the same reason.

2001 c12 s2

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Effect of decision

(1)A decision, order, direction, declaration or ruling of the board shall not be questioned or reviewed in a court, and an order shall not be made or process entered or proceedings taken in a court, whether by way of injunction, declaratory judgment, certiorari, mandamus,

prohibition, quo warranto,

or otherwise, to question, review, prohibit or restrain the board or its proceedings.

(2) The board may review, rescind, amend, alter or vary an order or decision made by it or by a panel and may rehear an application before making an order in respect of it.

(3) An application to the board for the review, rescission, amendment, alteration or variation of an order or decision of the board or a panel under subsection (2) shall be made within 6 months of the making of the original order or decision or the longer period the board considers appropriate in the circumstances.

1977 c64 s18; 1983 c60 s6; 2006 c46 s4

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Review of bargaining unit

19.1

(1)On application by an employer or a bargaining agent, the board may review the structure or composition of a bargaining unit to determine whether the bargaining unit continues to be appropriate for collective bargaining or whether it is appropriate to include or exclude positions from the bargaining unit.

(2) For the purpose of subsection (1) the board may

(

a) determine which trade union shall be the bargaining agent for the employees in each bargaining unit that results from the review;

(

b) amend a certification order or description of a bargaining unit contained in a collective agreement;

(

c) where more than one collective agreement applies to employees in a bargaining unit, decide which collective agreement is in force;

(

d) amend, to the extent that the board considers necessary, the provisions of collective agreements;

(e)

(

f) authorize a party to a collective agreement to give notice to bargain collectively.

(3) Subsection 19(3) does not apply to an application under this section.

2006 c46 s5 ; 2014 c19 s1

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Application of orders

Where, under this Act, the board may make or issue an order or decision, prescribe a term or condition or do other things in relation to a person or organization, the board may do so, either generally or in a particular case or class of cases.

1977 c64 s20

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Enforcement of board or panel order

(1)Where a person, employer, employers' organization, trade union, council of trade unions or employee has failed to comply with an order or decision of the board, or a panel, a person or organization affected may, after 14 days from the date on which the order or decision was made or the date provided in it for compliance, whichever date is the later, file a copy of the order or decision, exclusive of the reasons, with the Trial Division.

(2) Once an order or decision of the board or a panel is filed with the Trial Division under subsection (1), that order or decision is enforceable as a judgment or order of that court.

(3) Notwithstanding subsection (1), where a directive made by the board under

section 18.1 or

section 123 is not complied with, a person, employee, employer, employers' organization, trade union, council of trade unions and their officers, officials or agents affected by that directive may file a copy of the directive, exclusive of reasons, with the Trial Division and, once filed, that directive is enforceable as a judgment or order of that court.

2013 c16 s25

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Rules of general application

(1)Subject to the approval of the Lieutenant-Governor in Council, the board may make rules of general application governing its procedure and that of panels, and in particular, may make rules

(

a) providing for the procedure of hearings;

(

b) providing for methods for determining appropriate units;

(

c) providing for the certification of trade unions as bargaining agents for units;

(

d) providing for the conduct of representation votes;

(

e) providing for the hearing or determination of an application, complaint, question, dispute or difference that may be made or referred to the board or a panel;

(

f) prescribing the forms to be used in respect of a proceeding that may come before the board or a panel;

(

g) prescribing the form in which and the time as of which evidence and information may be presented to the board or a panel in connection with a proceeding that may come before it;

(

h) prescribing the time within which and the other parties or persons to whom notice and other documents are to be sent and the circumstances in which notices shall be considered to have been given or received by the board or a party or person;

(

i) prescribing the form in which and time as of which evidence as to

(

i) the membership of employees in a trade union,

(ii)

an objection by employees to the certification of a trade union, or

(iii)

a signification by employees that they no longer wish to be represented by a trade union

are to be presented to the board or a panel upon an application made to it under this Act;

(

j) authorizing a person to act on behalf of the board, and prescribing the matters and things to be done and the action to be taken by that person;

(

k) providing for the delegation to the chief executive officer of the board or other person designated by the minister of the exercise or discharge of the powers and duties of the board or a panel, subject to the conditions that the powers and duties shall be exercised or discharged under the direction and control of the board or the panel;

(

l) prescribing, where an application for certification in respect of a unit has been refused or the rights of a bargaining agent have been terminated, the time when a further application may be made by that applicant in respect of the same unit; and

(

m) making provision for other matters and things that may be incidental or conducive to the proper performance of the duties of the board or a panel under this Act.

(2) Subject to a provision of this Act requiring the board to hold a hearing, the board may hold those hearings that it considers advisable and may dispose of an application without a hearing notwithstanding the filing of a request for a hearing under this Act or rules made under subsection (1).

1977 c64 s22; 1985 c5 s1

PART II

LABOUR RIGHTS AND PRACTICES

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Unfair labour practices

(1)An employer or employers' organization, and a person acting on behalf of an employer or employers' organization, shall not

(

a) participate in or interfere with the selection, formation or administration of a trade union; or

(

b) contribute financial or other support to a trade union.

(2) An employer shall not be held to contravene subsection (1) by reason only that the employer

(

a) in respect of a trade union or a council of trade unions that is the bargaining agent for a unit comprising or including employees of the employer,

(

i) permits an employee or representative of that bargaining agent to confer with him or her during working hours or to attend to the business of the bargaining agent during working hours, without deduction of time so occupied, in the calculation of the time worked for the employer and without deduction of wages in respect of the time so occupied,

(ii)

provides free transportation to representatives of the bargaining agent for purposes of collective bargaining, the administration of a collective agreement and related matters, or

(iii)

permits the bargaining agent to use his or her premises for the purposes of the bargaining agent; or

(

b) contributes financial support to a pension, health or other welfare trust fund, the sole purpose of which is to provide pension, health or other welfare rights or benefits to employees.

1977 c64 s23

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Discrimination and restraints

(1)An employer and a person acting on behalf of an employer shall not

(

a) refuse to employ or to continue to employ a person, or otherwise discriminate against a person in regard to employment because that person is a member of a trade union; or

(

b) impose conditions in a contract of employment seeking to restrain an employee from exercising his or her rights under this Act.

(2) An employer and a person acting on behalf of an employer shall not deny pension rights or benefits to which he or she would otherwise be entitled to an employee by reason only of his or her stopping work

(

a) as the result of a lockout, whether or not that lockout is prohibited under this Act;

(

b) while taking

part in a legal strike as a result of an industrial dispute after all steps provided or contemplated by law have been taken through collective bargaining and conciliation to settle the dispute; or

(

c) by reason only of dismissal contrary to this Act.

1977 c64 s24

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Prohibitions relating to employers

(1)An employer and a person acting on behalf of an employer shall not seek by intimidation, threat of dismissal or other kind of threat, or by the imposition of a monetary or other penalty or by other means to compel a person to refrain from becoming or to stop being a member, officer or representative of a trade union or to refrain from

(

a) testifying or otherwise participating in a proceeding under this Act or other law;

(

b) making a disclosure that he or she may be required to make in a proceeding under this Act or other law;

(

c) making an application or filing a complaint under this Act or other law; or

(

d) exercising another right under this Act or other law.

(2) An employer shall not

(

a) discriminate against a person in regard to employment or conditions of employment; or

(

b) suspend, discharge or impose a financial or other penalty on a person employed by him or her or take other disciplinary action against that person,

because of that person having become a member, officer or representative of a trade union or his or her having done any of the things referred to in paragraphs (1)(

a) to (d).

(3) A person, whether or not he or she is an employer, shall not seek by intimidation or coercion to compel an employee to become or refrain from becoming or stop being a member of a trade union.

(4) Nothing in this

section prevents an employer from expressing his or her views so long as the employer does not use coercion, intimidation, threats, promises or undue influence.

1977 c64 s25; 2012 c30 s6

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Threats

An employer and a person acting on behalf of an employer shall not in the course of a labour dispute threaten to shut down or move a plant or a part of a plant.

1977 c64 s26

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Right to suspend

Except as otherwise expressly provided, nothing in this Act affects the right of an employer to suspend, transfer, lay off or discharge an employee for proper and sufficient cause.

1977 c64 s27

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Coercion and persuasion

(1)An employee, or person acting on behalf of a trade union, shall not use coercion or intimidation with a view to encourage or discourage membership in or activity in or for a trade union, but nothing in this Act precludes a person acting on behalf of a trade union from attempting to persuade an employer to make an agreement with that trade union requiring, as a condition of employment with that employer, membership or maintenance of membership in that union or other condition with regard to employment, where the union has been designated or selected by a majority of employees in the unit concerned as their bargaining agent.

(2) Except with the consent of the employer, but subject to an order made by the board under

section 34, a trade union and a person acting on behalf of a trade union shall not attempt, at an employer's place of employment during the working hours of an employee of the employer, to persuade the employee to become or refrain from becoming or continuing to be a member of a trade union.

1977 c64 s28

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Organized slow-down

Except in respect of a dispute that is subject to subsection 117(2), during the term of a collective agreement a trade union and a person acting on behalf of a trade union and an employee who is bound by a collective agreement or on whose behalf a collective agreement has been entered into shall not support, encourage, condone or engage in an organized slow-down intended to restrict or limit production.

1983 c60 s7; 2014 c19 s2

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Right to membership hearing

(1)A trade union acting as a bargaining agent shall make membership in that union available to all employees in the unit the union represents.

(2) A trade union referred to in subsection (1) may prescribe, as a preliminary to the admission of a person into that union, compliance with those qualifications for membership that are reasonable and non-discriminatory.

(3) Where an employee claims that he or she has been unfairly denied admission to or expelled from a trade union referred to in subsection (1), the employee may make a written complaint to the board signed by him or her and setting out simply and clearly the grounds on which his or her complaint is based.

(4) The board shall investigate complaints made to it under subsection (3), and may give to the trade union and the employee concerned an opportunity to be heard and to cross-examine all witnesses not called by him or her.

(5) Where a matter referred to in subsection (4) has been heard by the board, it may, as in its opinion the evidence warrants, dismiss the complaint or order that the employee be admitted to or reinstated in the union and may order further that the complainant be reinstated in his or her employment, where in the opinion of the board the further order is desirable in the interest of justice.

(6) Where an order made by the board under subsection (5) is not complied with, the board may, on the request of the employee affected by the order and notwithstanding

section 21, file a copy of the order with the Trial Division and the order is enforceable as a judgment or order of that court.

1977 c64 s30; 2006 c46 s7 ; 2013 c16 s25

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Closed shop

Nothing in this Act prohibits the parties to a collective agreement from inserting in the collective agreement a provision requiring, as a condition of employment, membership in a specified trade union, or granting a preference of employment to members of a specified trade union.

1977 c64 s31

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Invalid provision

A provision in a collective agreement that requires an employer to discharge an employee because the employee is or continues to be a member of or engages in activities on behalf of a union other than a specified trade union is not valid.

1977 c64 s32

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Non-union employees' seniority

(1)Notwithstanding another Act or a collective agreement that is otherwise binding on an employer or other law, an employer who is a party to a collective agreement may employ a person who is not a member of the union that is a party to the collective agreement where he or she is otherwise qualified for employment and applies for membership in the union, whether or not the union accepts that person into its membership.

(2) Nothing contained in subsection (1) excuses an employee from complying with the constitution, rules and by-laws of a union of which the employee becomes a member.

(3) Notwithstanding another Act, a provision in the constitution, rules or by-laws of a union that is designed or that operates to exclude a person referred to in subsection (1) from membership in the union is void.

(4) Nothing in this Act invalidates a provision in respect of seniority of employees that is contained in a collective agreement.

1977 c64 s33

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Access order

(1)Where the board

(

a) receives from a trade union or council of trade unions an application for an order granting an authorized representative or representatives of the trade union or council of trade unions access to employees living in an isolated location on premises owned or controlled by their employer; and

(

b) determines that access to the employees

(

i) would be impracticable unless permitted on premises owned or controlled by their employer, and

(ii)

is reasonably required for purposes relating to soliciting union membership, the negotiation or administration of a collective agreement, the processing of a grievance or the provision to employees of a union service,

the board may make an order granting the authorized representative or representatives of the trade union or council of trade unions designated in the order access to the employees on the premises.

(2) The board may, in an order made under subsection (1),

(

a) specify the method of access to the employees, the number of authorized representatives permitted, the times at which access is permitted and the periods of its duration; and

(

b) where transportation, food and lodging or any of those things are not available to the public, prescribe that any of them not so available are to be provided by the employer at the same costs as to other employees.

1977 c64 s34; 1997 c44 s2

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Assignment of wages, etc.

(1)An employer shall honour a written assignment of wages to a bargaining agent.

(2) An assignment under subsection (1) shall be made substantially in the following form:

To (name of employer) I request you to deduct from my wages and pay to (name of trade union) fees in the amounts following:

(1) Initiation fee in the amount of $

(2) Dues of $ per.

(3) Unless the assignment is revoked in writing delivered to the employer, the employer shall remit the dues deducted to the trade union named in the assignment at least once each month together with a written statement of the names of the employees for whom the deductions were made and the amount of each deduction.

(4) Where an assignment is revoked, the employer shall give notice of the revocation to the assignee.

(5) An employer has no financial responsibility for fees or dues of an employee unless there are sufficient unpaid wages of that employee in the employer's hands.

1977 c64 s35

PART III

ORGANIZATION OF PARTIES FOR COLLECTIVE BARGAINING

Division I - Bargaining Agents and Units

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Application for certification

(1)A trade union claiming to have as members in good standing a majority of employees of 1 or more employers in a unit may, subject to the rules of the board and in accordance with this section, make application to the board to be certified as bargaining agent of that unit.

(2) Where a collective agreement is not in force and a bargaining agent has not been certified under this Act for the unit, the application may be made at any time.

(3) Where a bargaining agent has been certified under this Act for the unit but a collective agreement is not in force or collective bargaining has not started, the application may not be made before the expiry of 12 months from the date of certification of the bargaining agent except with the consent of the board.

(4) Where a collective agreement is in force an application for certification may be made

(

a) where the collective agreement is for a term of 2 years or less in the 2 months before the end of the term of the collective agreement; or

(

b) where the collective agreement is for a term of more than 2 years

(

i) in the 11th or 12th month of the 2nd or subsequent year of the term, or

(ii)

in the 2 months before the end of the term.

(5) Two or more trade unions claiming to have as members in good standing of the unions a majority of employees in a unit that is appropriate for collective bargaining may join in an application under this

section and the provisions of this Act relating to an application by 1 union and all matters or things arising from them apply in respect of an application by the unions as if it were an application by 1 union.

(6) Where 2 or more trade unions have formed a council of trade unions, the council so formed may apply to the board for certification as a bargaining agent for a unit in the same manner as a trade union.

1977 c64 s36; 1983 c60 s8

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Union membership

Where the board is satisfied that a union has an established practice of admitting persons to membership without regard to the eligibility requirement of its charter, constitution or by-laws, the board, in determining whether a person is a member of the union, shall not consider those eligibility requirements.

1983 c60 s9

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Certification of bargaining agent

(1)Where a trade union makes application for certification under this Act as a bargaining agent of employees in a unit, the board shall determine whether the unit in respect of which the application is made is appropriate for collective bargaining and the board may, before certification, where it considers it appropriate to do so, include additional employees in, or exclude employees from, the unit, and shall take those steps that it considers desirable to determine the wishes of the employees in the unit as to the selection of a bargaining agent to act on their behalf.

(2) Where as a result of an application for certification under this Act by a trade union, the board has determined that a unit of employees is appropriate for collective bargaining,

(

a) where the board is satisfied that the majority of the employees in the unit are members in good standing of the trade union; or

(

b) where, as a result of a vote of the employees in the unit, the board is satisfied that a majority of them have selected the trade union to be a bargaining agent on their behalf; or

(

c) where, as a result of a vote of the employees in the unit, the board is satisfied that at least 70% of the employees in the unit have voted and a majority of those voting have selected the trade union to be a bargaining agent on their behalf,

the board may certify the trade union as the bargaining agent of the employees in the unit.

1977 c64 s37; 1985 c5 s2

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Bargaining unit for offshore platform

38.1

(1)Where the board receives an application with respect to employees employed on an offshore petroleum production platform, the unit appropriate for collective bargaining is the unit comprising all the employees employed on the platform except those employees the board determines are employed in construction and start up on the platform.

(2) Where the board receives an application for certification with respect to employees employed on an offshore petroleum production platform in relation to construction and start up on the platform, the board shall deal with the application in accordance with

section 38.

(3) For the purposes of an application for certification with respect to employees employed on an offshore petroleum production platform, the licensed operator of the platform shall be considered to be the employer of the employees for the purpose of the board's consideration of the application.

1997 c44 s3

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Certification of a group of employees

Where application is made for certification of a unit of employees that is a subgroup of an existing unit, the board has no power to find the subgroup appropriate unless

(

a) the subgroup meets the standards of appropriateness that the board normally applies;

(

b) the applicant for certification has established a clear basis for mutuality in the subgroup distinct from the group as a whole;

(

c) the residual part of the existing unit would itself make an appropriate unit; and

(

d) the employees in the proposed unit, in a vote by secret ballot conducted by the board, in which they expressed their preference for the subgroup or the larger existing unit, have favoured the subgroup by a 2/3 majority of those entitled to vote.

1977 c64 s38

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Unit based on professions

(1)The board may find appropriate a unit of professional employees of 1 or more professions and may include in the unit employees who do work that in the opinion of the board is closely related to the work of the professional employees in the unit.

(2) Where the board considers it desirable to do so, professional employees may, on the request of the majority of them, be formed into a unit restricted to members of 1 profession and employees who do work closely related to the work of those professional employees.

1977 c64 s39

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Requirements relating to council

A council of trade unions that applies for certification as a bargaining agent shall before the certification is granted satisfy the board that the council has a constitution that was adopted with the concurrence of each of the trade unions forming the council, and that the constitution contains

(

a) provisions authorizing the council to apply for certification, to negotiate and to enter into collective agreements;

(

b) provision for administration of collective agreements either by the council or its constituents;

(

c) provision for the election or appointment of officers of the council; and

(

d) a formula for reaching council decisions either by a simple majority vote or by weighing votes according to the number of employees represented or by some other means so that there is assurance that there will not be a deadlock in the council.

1977 c64 s41

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Board to determine appropriateness of council

41.1

(1)Notwithstanding

section 41, where a council of trade unions applies for certification with respect to employees, other than construction and start up employees, employed on an offshore petroleum production platform, the council shall, as a condition for obtaining certification, satisfy the board that the council has a constitution that was adopted with the concurrence of each of the trade unions forming the council and that the constitution includes

(

a) provisions vesting the council with the exclusive authority to apply for certification;

(

b) provisions for the election of officers of the council;

(

c) provisions vesting the council with the exclusive authority to negotiate, enter into and administer a collective agreement;

(

d) a formula for reaching council decisions that assures that a deadlock cannot occur;

(

e) a formula for ratification by bargaining unit employees of a collective agreement reached by the council and an employers' organization and a time limit within which ratification shall take place; and

(

f) a provision stating that the council and not the trade unions comprising the council shall be responsible for conducting a ratification vote, by bargaining unit employees, of a collective agreement reached between the council and an employers' organization.

(2) The board may certify a council of trade unions as the bargaining agent in respect of employees employed on an offshore petroleum production platform where the board is satisfied that

(

a) the council has a constitution that satisfies the requirements of subsection (1); and

(

b) the certification would not impede

(

i) workplace productivity and stability, or

(ii)

the flexibility of the employer to assign work

to any greater extent than if a single union were certified.

(3) Notwithstanding subsection 36(5), where 2 or more trade unions apply under that provision for certification with respect to employees, other than construction and start up employees, employed on an offshore petroleum production platform, the application shall be considered to be the application of a council of trade unions and the provisions of this

section shall apply to that application.

(4) Notwithstanding subsection 49(2), membership in good standing in the council for the purpose of an application for certification and a vote on certification under sections 38 and 47 shall be membership in good standing in the council and not only the trade unions comprising the council.

1997 c44 s4

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Deferment of application of council

The board may defer the disposition of an application for certification by a council of trade unions until the conditions prescribed in

section 41 or 41.1 have been fulfilled.

1977 c64 s42; 1997 c44 s5

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Unit in terms of geographic area

(1)When a trade union or a council of trade unions that, according to an established trade union practice, represents employees in the construction industry applies for certification for a unit of employees of an employer, by reference to a geographic area, the board shall define the unit in terms of a geographic area.

(2) Where the board does not find the proposed unit appropriate, it shall issue to the applicant its reasons for rejection and in those reasons the board shall indicate what unit it is prepared to find appropriate and in that event the applicant is, notwithstanding anything to the contrary in this Act, eligible to make a further application without delay.

1977 c64 s43

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No certification in certain cases

Where, in the opinion of the board, the administration, management, or policy of a trade union or a council of trade unions is

(

a) influenced by an employer so that its appropriateness to represent employees for the purpose of collective bargaining is impaired; or

(

b) dominated by an employer,

the trade union or council of trade unions shall not be certified as a bargaining agent, and an agreement entered into between it and the employer shall be held not to be a collective agreement for the purpose of this Act.

1977 c64 s44

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Alteration of wages

Where an employer has received written notice from the board that a trade union has made application for certification under this Act as a bargaining agent of his or her employees, the employer shall not, afterward,

(

a) without the consent of the board; or

(

b) unless a collective agreement has been made that is binding on employees in the unit in respect of which the application is made,

alter rates of wages or another term or condition of employment of the employees, until the application has been granted, refused or withdrawn.

1977 c64 s45

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Examination of records

For the purposes of determining whether the majority of the employees in a unit consist of members in good standing of a trade union or whether a majority of them have selected a trade union to be their bargaining agent, the board may make the examination of records or other inquiries that it considers necessary, including the holding of the hearings or the taking of the vote, that it considers expedient, and the board may prescribe the nature of the evidence to be provided to the board.

1977 c64 s46

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Taking of votes and ballot

(1)Where an application for certification is supported by not less than 40% of the employees in the unit to which the application relates, the board shall take a vote of the employees in the unit to determine their wishes with respect to the certification of the applicant trade union as their bargaining agent.

(2) Notwithstanding subsection (1), the board is not required to take a vote where the trade union and the employer in the unit to which the application relates jointly request that the board not take a vote.

(3) A vote taken as required by this

section shall be taken at the time and place, or by mail, as the board determines.

(4) Where a vote is taken it shall be taken no more than 5 days, excluding holidays and weekends, after receipt by the board of the application for certification.

(5) Notwithstanding subsection (4), the board may in exceptional circumstances extend the time for the taking of the vote by the number of days which it considers appropriate.

(6) Where a vote is taken under subsection (1), the board shall remove and destroy, without counting, the ballots cast by persons who are not employees in the unit to which the application relates.

(7) The board may order costs with respect to the vote under this

section against the appropriate person, where, in the opinion of the board, the application was frivolous or vexatious.

(8) The board is bound by the outcome of a vote taken under this

section except where the board determines that the procedure under this

section has been influenced by intimidation, threat of dismissal or other kind of threat or coercion.

(9) With respect to an application for certification as a bargaining agent, the board shall adhere to the date of the application as the operative date for determining support on the basis of membership records.

2014 c19 s3

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Rep. by 2014 c19 s3

47.1

[Rep. by 2014 c19 s3]

2014 c19 s3

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Condition precedent

Where a trade union or a council of trade unions, claiming to have as members in good standing a majority of the employees of 2 or more employers in an appropriate unit, applies for certification as the bargaining agent of the employees in that unit, the board shall not certify that union or council as the bargaining agent for the employees, unless

(

a) a majority of the employers of those employees consent to the certification; and

(

b) the board is satisfied that the applicant might be certified by it under this Act as the bargaining agent of the employees of each employer who are in the unit if separate applications for the purpose were made by the applicant.

1977 c64 s48

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Certification of council

(1)The board may certify a council of trade unions as the bargaining agent for a unit where the board is satisfied that

(

a) the requirements for certification prescribed under this Act have been met; and

(

b) each of the trade unions forming the council of trade unions has granted appropriate authority to the council of trade unions to enable it to discharge the duties and responsibilities of a bargaining agent under this Act.

(2) Membership in a trade union that forms part of a council of trade unions is considered to be membership in the council of trade unions.

(3) Where a council of trade unions is certified by the board as the bargaining agent for a unit,

(

a) the council of trade unions and each trade union, forming the council of trade unions, is bound by a collective agreement entered into by the council of trade unions and the employer concerned; and

(

b) this Act applies, except as otherwise provided, as if the council of trade unions were a trade union.

1977 c64 s49

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Exclusive authority

Where a trade union or a council of trade unions is certified, under this Act, as the bargaining agent of a unit,

(

a) the bargaining agent so certified immediately replaces another bargaining agent of the unit and has exclusive authority to conduct collective bargaining on behalf of employees in the unit and to bind them by a collective agreement until its certification in respect of employees in the unit is revoked;

(

b) where another bargaining agent has been previously certified in respect of the unit, the certification of that bargaining agent is revoked immediately;

(

c) where, at the time of certification, a collective agreement binding on or entered into on behalf of the unit is in force, then that trade union or council is substituted as a party to the agreement in place of the bargaining agent that was a party to that collective agreement on behalf of employees in the unit immediately before that certification, and the trade union or council may, notwithstanding anything to the contrary contained in the collective agreement, terminate that collective agreement where it applies to those employees by giving 2 months' notice to the employer or employers' organization that is a party to the agreement; and

(d)

[Rep. by 2012 c30 s8]

1977 c64 s50; 2012 c30 s8

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Revocation of certification

(1)Where, following investigation, and after a hearing where one is considered necessary by the board, it is determined by the board that a bargaining agent no longer represents a majority of employees in the unit for which it was certified or for which it acts as bargaining agent, the board of its own motion or on application may

(

a) revoke the certification of the bargaining agent, where it was certified; or

(

b) where the bargaining agent was not certified, terminate the bargaining rights of the bargaining agent by a written declaration,

and, then, notwithstanding anything to the contrary in this Act, an employer shall not be required to bargain collectively with the bargaining agent.

(2) Notwithstanding subsection (1), where on the direction of the board a vote is taken or where a vote is held under

section 51.1 to determine the wishes of the employees in a bargaining unit and

(

a) a majority of the employees in the unit vote in favour of the revocation of certification or termination of bargaining rights of a bargaining agent; or

(

b) at least 70% of the employees in the bargaining unit vote and a majority of those voting vote in favour of the revocation of certification or termination of bargaining rights of a bargaining agent,

the board may revoke the certification or terminate the bargaining rights of the bargaining agent.

(3) Nothing in subsection (1) prevents the bargaining agent from making an application under

section 36 in accordance with this Act and rules made under

section 22.

(4) Where a certification has been revoked or the bargaining rights of a bargaining agent have been terminated under subsection (1), an agreement entered into on or before and in force at the date of the revocation or termination between the bargaining agent and the employer shall from that date be held not to be a collective agreement for the purpose of this Act.

(5) [Rep. by 2012 c30 s9]

1977 c64 s51; 1985 c5 s3; 1988 c49 s3; 1993 c58 s2 ; 2012 c30 s9

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Revocation vote

51.1

(1)Where an application

(

a) to revoke the certificate of a bargaining agent under paragraph 51(1)(a); or

(

a) to terminate the bargaining rights of the bargaining agent under paragraph 51(1)(

b) is supported by not less than 40% of the employees in the unit to which the application relates, the board shall take a vote to determine the wishes of the employees in the unit.

(1.1) Notwithstanding subsection (1), the board is not required to take a vote where the applicant, trade union and the employer in the unit to which the application relates jointly request that the board not take a vote.

(2) A vote taken as required by this

section shall be taken at the time and place, or by mail, as the board determines.

(3) A vote taken under this

section shall be taken no more than 5 days, excluding holidays and weekends after receipt by the board of the application for revocation of certification.

(4) Notwithstanding subsection (3), the board may in exceptional circumstances extend the time for the taking of the vote by the number of days which it considers appropriate.

(5) Where a vote is taken under subsection (1), the board shall remove and destroy, without counting, the ballots cast by persons who are not employees in the unit to which the application relates.

(6) The board may order costs with respect to a vote under this

section against the appropriate person, where, in the opinion of the board, the application was frivolous or vexatious.

(7) The board is bound by the outcome of a vote taken under this

section except where the board determines that the procedure under this

section has been influenced by intimidation, threat of dismissal or other kind of threat or coercion.

1993 c58 s3 ; 1994 c28 s13 ; 2006 c46 s8

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Time for dealing with revocation

The board is not required to accept or deal with an application to revoke the certification of a bargaining agent under

section 51

(

a) within the period of 12 months immediately following the date of the certification of that bargaining agent;

(

b) within the period of 6 months immediately following the date when a previous application to revoke certification of that bargaining agent was refused, where a previous application was made; or

(

c) within the period of 12 months immediately following the date when that bargaining agent by notice required an employer to start collective bargaining, if the notice was given.

1977 c64 s52

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Dissolution of council

(1)Where a council of trade unions has been certified or voluntarily recognized, no resolution, by-law or other action by the constituent unions of the council of trade unions to dissolve the council or by a constituent union of the council to withdraw from the council has effect unless a copy of the resolution, by-law or other action is delivered to the employer or employers' organization, and, in the case of a withdrawal, to the other constituent members and to the council.

(2) Where a certified council of trade unions is dissolved or a constituent trade union withdraws from a council of trade unions in accordance with subsection (1) and that council is a party to or is bound by a collective agreement, then, the constituent unions in the case of dissolution or the constituent union in the case of withdrawal from the council is bound by the collective agreement for its duration.

1977 c64 s53

Division II - Employers' Organization

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Interpretation

(1)In this Division,

(a)

"accredited employers' organization" means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers in the construction industry;

(b)

"construction industry" means the on-site constructing, erecting, altering, decorating, repairing or demolishing of buildings, structures, roads, sewers, water mains, pipe lines, tunnels, shafts, bridges, wharves, piers, canals or other works;

(c)

"sector" means the following divisions of the construction industry, namely:

(

i) the industrial and commercial division,

(ii)

the house building division,

(iii)

the sewers, tunnels and water mains division, or

(iv)

the road building division,

and includes other divisions of that industry that may be determined by the board;

(d)

"unionized employee" means an employee on behalf of whom a trade union or council of trade unions has been certified as bargaining agent under this Act or voluntarily recognized by an employer, where the certification has not been revoked or the bargaining rights have not been terminated; and

(e)

"unionized employer" means an employer of unionized employees in the geographic area and sector concerned.

(2) For the purposes of this Division, an employee is, in respect of a sector and area applied for, a person who was on the payroll of an employer in that sector and area for the weekly payroll period immediately preceding the date of the application, or, where, in the opinion of the board, the payroll period is unsatisfactory for 1 or more of the unionized employers in the sector and area applied for, then, the other weekly payroll period of 1 or more of the employers that the board considers advisable.

1977 c64 s54

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Membership

An employers' organization shall not

(

a) refuse membership in the employers' organization to an employer;

(

b) terminate an employer's membership in the employers' organization except for a cause that, in the opinion of the board, is fair and reasonable; or

(

c) charge, levy or prescribe initiation fees, dues or assessments that, in the opinion of the board, are unreasonable or discriminatory.

1977 c64 s55

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Delivery of lists of employers

(1)Where an employers' organization starts to bargain collectively with a bargaining agent it shall deliver to the minister and to the bargaining agent

(

a) a list of the names and addresses of the employers on whose behalf it is authorized to bargain collectively;

(

b) a copy of each authorization given by an employer; and

(

c) a list of the names and addresses of the persons designated as its bargaining committee,

and upon receipt by the minister and the bargaining agent of the lists and authorizations, the employers' organization shall be considered to be bargaining collectively, for all of the employers who gave their authorization.

(2) An authorization referred to in subsection (1) may be given by a director or other senior official of the employer, and that authorization shall be considered to be the authorization of the employer.

(3) Unless the employer gave notice to the minister and the bargaining agent that an employers' organization no longer represents him or her and a period of 30 days after the giving of the notice has expired, each employer on the list provided to the minister is bound by a collective agreement entered into by the organization on his or her behalf.

1977 c64 s56

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Mandatory employers' organization

56.1

(1)Where the board certifies a trade union or a council of trade unions as the bargaining agent for employees employed on an offshore petroleum production platform, the licensed operator of the platform shall form immediately an organization of all employers of employees affected by the application.

(2) All employers referred to in subsection (1) shall become members of the employers' organization.

(3) The employers' organization shall adopt a constitution including

(

a) provisions authorizing the employers' organization to negotiate, enter into and administer a collective agreement;

(

b) provisions for the election or appointment of officers of the employers' organization;

(

c) a formula for reaching decisions of the employers' organization that assures that a deadlock cannot occur; and

(

d) a formula for the ratification by the employers represented by the employers' organization of a collective agreement reached between the organization and the bargaining agent of employees employed by the employers who are members of the organization and a time limit within which ratification shall take place.

1997 c44 s6

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Application of sections

Sections 58 to 68 apply only to the construction industry.

1977 c64 s57; 1980 c24 s10

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Accreditation as sole agent

Subject to the rules of the board, an employers' organization that claims to represent the unionized employers in a geographic area engaged in a particular sector of the construction industry may make application in a form approved by the board to be accredited as the sole collective agent for all unionized employers in the

section of the construction industry in that geographic area.

1977 c64 s58

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Representation vote of employers

(1)Where an employers' organization referred to in

section 58 makes application under that section, the board shall ascertain the number of unionized employers in the geographic area and sector applied for and the number of them who were members of the employers' organization at the time the application was made, and where it considers it desirable to do so, the board may hold a representation vote of employers in that sector.

(2) Where an application is made under

section 58, the board

(

a) shall determine the geographic area and sector that is appropriate for accreditation;

(

b) may designate the whole or a part of the province as an appropriate geographic area; and

(

c) may, before accreditation, where it considers it appropriate to do so, include additional employers in or exclude employers from the unit.

(3) An employers' organization that discriminates against a person because of race, religion, creed, sex, martial status, political opinion, colour, or ethnic, national or social origin may not be accredited.

(4) An accredited employers' organization, and a person acting on behalf of an accredited employers' organization, shall not deny membership to an employer for whom it is the bargaining agent for a reason other than refusal or failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the employers' organization as a condition of acquiring or retaining membership in the organization.

1977 c64 s59

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Prerequisites of accreditation, etc.

(1)Before the board accredits an employers' organization, the board shall satisfy itself that

(

a) the employers' organization is a properly constituted organization controlled by its members; and

(

b) each of its members has vested appropriate authority in the organization to enable it to discharge the responsibilities of an accredited bargaining agent.

(2) Where the board is of the opinion that appropriate authority has not been vested in the employers' organization, the board may dismiss or postpone disposition of the application to enable employers who are members of the employers' organization to vest in the organization whatever additional or other authority the board considers necessary.

1977 c64 s60

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Accreditation

(1)Where an application is made under

section 58 and the board is satisfied that the employers' organization has met all of the requirements prescribed under this Act and

(

a) has as members a majority of the unionized employers in the geographic area and sector applied for; or

(

b) has as members

(

i) no less than 35% of the unionized employers in the geographic area and sector applied for, and

(ii)

those employers who employ a majority of the employees employed by unionized employers in the geographic area and

section applied for,

the board may accredit the employers' organization as the sole collective bargaining agent to bargain on behalf of all unionized employers with all trade unions or councils of trade unions in the area and sector determined by the board as an appropriate unit.

(2) Notwithstanding subsection (1), the board shall not accredit an employers' organization to bargain on behalf of an unionized employer engaged in a special project.

1977 c64 s61

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Results of accreditation

(1)Upon accreditation, all rights, duties and obligations under this Act of employers for whom the accredited employers' organization is or becomes the bargaining agent apply to the accredited employers' organization, and a collective agreement between an employer and a trade union or council of trade unions that is in force at the date of accreditation of an employers' organization does not bar a trade union or council of trade unions from giving notice to the accredited employers' organization to start collective bargaining nor does it bar the accredited employers' organization from giving notice to a trade union or council of trade unions to start collective bargaining.

(2) Notwithstanding subsection 64(1), when, at the time an employers' organization is accredited, a collective agreement between an employer referred to in subsection (1) of this

section and a trade union or council of trade unions is in force, that collective agreement terminates and is no longer in force,

(

a) where a collective agreement is concluded between the accredited employers' organization and the trade union or council of trade unions, on the date of signing or the date on which the collective agreement comes into force, whichever is later; or

(

b) where a collective agreement is not concluded between the accredited employers' organization and the trade union or council or trade unions, on the date on which a strike or lockout is permitted in accordance with this Act.

1977 c64 s62

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Addition of employers

(1)Where an employers' organization has been accredited and after the date of the accreditation order, a trade union or a council of trade unions is certified for or voluntarily recognized by another employer in the sector and area covered by the accreditation order, the bargaining rights, duties and obligations of that employer, whether he or she becomes a member of the accredited organization or not, are vested in or imposed on the employers' organization and the employer is bound by a collective agreement in effect or subsequently negotiated between the accredited employers' organization and a trade union or council of trade unions in that sector.

(2) Notwithstanding that an employer's membership in an accredited employers' organization is terminated, the accredited employers' organization may exercise all rights and shall discharge all duties and obligations acquired by or imposed on it under this Act on behalf of the employer until the accreditation has been revoked.

1977 c64 s63; 1983 c60 s11

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Collective agreements

(1)A collective agreement entered into between an employers' organization and a trade union, or council of trade unions, is binding upon the employers' organization, employers whose bargaining rights have been acquired by the employers' organization engaged in the construction industry in the sector and area covered by the accreditation order, the trade union, council of trade unions and employees within the scope of the collective agreement.

(2) A collective agreement shall not be individually negotiated between an employer in the sector and geographic area in respect of which an employers' organization has been accredited and a trade union or council of trade unions, and, where a collective agreement is entered into, it is void.

1977 c64 s64

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Application for revocation

An employer in the unit of employers determined in an accreditation order made under

section 61 may,

(

a) where the accreditation order has been in effect for not less than 12 months and the accredited employers' organization is not party to a collective agreement;

(

b) after the beginning of the 46th month of the operation of the accreditation order and before the beginning of the 49th month of its operation; or

(

c) during the 3 month period immediately preceding the end of every 3rd year after the determination,

apply to the board for a declaration that the accreditation is revoked.

1977 c64 s65

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Revocation

(1)Where an application is made under

section 65, the board shall ascertain

(

a) the number of employees in the unit of employers on the date of the making of the application;

(

b) the number of employers in the unit of employers who, within a 2 month period immediately preceding the date of the making of the application, have voluntarily signified in writing that they no longer wish to be represented by the accredited employers' organization; and

(

c) the number of unionized employees affected by the application who are on the payroll of each employer in the unit during the weekly payroll period immediately preceding the date of the making of the application or where, in the opinion of the board, the payroll period is unsatisfactory for 1 or more of the employers, during the other weekly payroll period for 1 or more of the employers as the board considers advisable.

(2) Where the board is satisfied

(

a) that a majority of the employers ascertained in accordance with paragraph (1)(

b) have voluntarily signified in writing that they no longer wish to be represented by the accredited employers' organization; and

(

b) that the majority of employers employed a majority of the employees ascertained in accordance with paragraph (1)(c),

the board may declare the accreditation of the employers' organization revoked.

(3) When an application is made under

section 65 and the employers' organization informs the board that it does not wish to continue to represent the employers in the unit of employers, the board may declare the accreditation of the employers' organization revoked.

1977 c64 s66

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Result of revocation

Upon the board making a declaration under subsection 66(2) or (3), all rights, duties and obligations of the employers' organization under this Act and under an unexpired collective agreement revert to the individual employers represented by the employers' organization.

1977 c64 s67

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Certain agreements void

A trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employers' organization and an employer or person acting on behalf of the employer, trade union or council of trade unions shall not, as long as the accredited employers' organization continues to be entitled to represent the employers in a unit of employers, enter into an agreement or understanding, oral or written, that provides for the supply of employees during a legal strike or lockout, and where the agreement or understanding is entered into, it is void and a trade union or council of trade unions or person shall not supply the employees to the employers.

1977 c64 s68

Division III - Special Projects

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Rep. by 2012 c30 s10

[Rep. by 2012 c30 s10]

2012 c30 s10

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Declaration of special projects

(1)The Lieutenant-Governor in Council may by order

(

a) declare an undertaking that is a special project within the meaning of paragraph 2(1)(

u) to be a special project under this Act, and the project so declared is a special project for all the purposes of this Act; or

(

b) notwithstanding paragraph 2(1)(u), declare an undertaking for the construction or fabrication of works at the Bull Arm site, including all ancillary work, services and catering to be a special project and the project so declared is a special project for all the purposes of this Act.

(2) The Lieutenant-Governor in Council may, with respect to an order made under subsection (1), prescribe

(

a) the geographic site or scope of work to which the declaration relates;

that a geographic site or scope of work be excluded from a special project order;

(

c) the employers, employers' organizations, trade unions and councils of trade unions that may be involved in collective bargaining relating to employment on the special project;

(

d) the bargaining unit for the purpose of the special project;

(

e) that a collective agreement is the collective agreement for the purpose of the special project; and

(

f) those conditions and qualifications with respect to any aspect of the special project that the Lieutenant-Governor in Council considers necessary or desirable.

(3) Notwithstanding subsection 64(2), a collective agreement that is prescribed by the Lieutenant-Governor in Council under paragraph (2)(

e) is valid.

(4) A special project order is not invalid because it overlaps temporally and geographically with another special project order.

(5) Where an undertaking is declared a special project, employees who work under the provisions of a collective agreement in relation to the work at the special project site may not be included as members in good standing of the trade union or employees in a unit for the purpose of a vote under

section 38 and the board may not consider those employees in determining whether or not a trade union may be certified.

(6) Subsection (5) applies in relation to all declarations made under subsection (1) and applies in relation to all applications before the board, whether made before or after the commencement of subsection (5).

(7) Where the Lieutenant-Governor in Council has made an order with respect to a special project under paragraph (1)(b),

(

a) a collective agreement proposed or entered into with respect to that special project shall not contain a provision that authorizes an employee to; and

(

b) an employee with respect to that special project shall not,

refuse to perform work for his or her employer because other work was or will be performed or was not performed by a person or class of persons who were not or are not members of a trade union or a particular trade union.

(8) A provision of a collective agreement with respect to an undertaking to which paragraph (1)(

b) applies that authorizes an employee to refuse to perform work for his or her employer because other work was or will be performed or was not performed by a person or class of persons who were not or are not members of a trade union or a particular trade union, is void.

(9) An employers' organization that may be prescribed under paragraph (2)(

c) shall have a constitution that includes all of the following:

(

a) the exclusive authority to negotiate, enter into, and administer collective agreements;

(

b) provisions that provide for the election or appointment of its officers;

(

c) a formula for reaching decisions that assures that a deadlock cannot occur; and

(

d) a formula for the ratification by the employers represented by the employers' organization, of collective agreements reached between the organization and a trade union or council of trade unions prescribed as a party to collective bargaining on a special project and a time limit within which ratification shall take place.

(10) A council of trade unions that may be prescribed under paragraph (2)(

c) shall have a constitution adopted with the agreement of each of the trade unions that are members of that council and that constitution shall include all of the following:

(

a) provisions that vest the council with the exclusive authority to negotiate, enter into and administer collective agreements;

(

b) provisions for the election of officers to the council;

(

c) a formula for reaching council decisions that assures that a deadlock cannot occur;

(

d) provisions for final, binding and expeditious resolution of jurisdictional disputes without a stoppage of work;

(

e) provisions requiring bargaining unit employees to be members in good standing of the council; and

(

f) a formula for the ratification by a majority of the members of the trade unions that comprise the council, of collective agreements reached between the council and an employer or employers' organization prescribed as a party to collective bargaining on a special project and a time limit within which the ratification must occur.

(11) Where an undertaking has been declared by order to be a special project under subsection (1), an employer, employers' organization, trade union or council of trade unions may apply to the board for a determination as to whether

(

a) a person is an employer or an employee;

(

b) an organization or association is an employers' organization and if so, whether that employers' organization is in compliance with subsection (9);

(

c) an organization or association is a trade union or a council of trade unions and if it is a council of trade unions, whether that council is in compliance with subsection (10); and

(

d) a collective agreement has been entered into.

(12) The minister may apply to the board for determination under subsection (11) before and after an undertaking has been declared by order to be a special project.

(13) The board may, with respect to an undertaking declared by order to be a special project under subsection (1), hear and decide upon complaints made to it with respect to or under sections 18.1, 30 and 130.

(14) This

section does not apply to a special project order declared before this

section comes into force.

2012 c30 s11

PART IV

COLLECTIVE BARGAINING AND

COLLECTIVE AGREEMENTS

Division I - Collective Bargaining

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Good faith

A trade union, council of trade unions, employer, employers' organization and a representative of them who conducts collective bargaining under this Act shall bargain collectively in good faith.

1977 c64 s71

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Notice to begin collective bargaining

Where the board has under this Act certified a trade union as a bargaining agent of employees in a unit and no collective agreement with their employer binding on, or entered into on behalf of, employees in the unit, is in force

(

a) the bargaining agent may, on behalf of the employees in the unit, by notice, require their employer to begin collective bargaining with a view to the conclusion of a collective agreement; or

(

b) the employers or an employers' organization representing the employer may, by notice, require the bargaining agent to begin collective bargaining with a view to the conclusion of a collective agreement.

1977 c64 s72

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Timing of notice

(1)Not more than 60 days and not less than 30 days immediately before the date of expiration or of the termination of a collective agreement a party to the collective agreement may by written notice require the other party to the agreement to begin collective bargaining with a view to the renewal or revision of the agreement or the conclusion of a new collective agreement.

(2) Where a collective agreement provides for a period of notice to begin collective bargaining that is different from the period prescribed in subsection (1), the provisions of the collective agreement prevail.

1977 c64 s73

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Time limit

Where notice to begin collective bargaining has been given under

section 72,

(

a) the certified bargaining agent and the employer or an employers' organization representing the employer or their authorized representatives shall, without delay, and no later than 20 clear days after the notice was given or a further time that the parties may agree to, meet and begin to bargain collectively in good faith with one another and shall make reasonable efforts to conclude a collective agreement; and

(

b) except with the prior written approval of the board, the employer shall not alter rates of wages or other terms or conditions of employment of employees in the unit without the prior consent of the bargaining agent that was certified in respect of that unit, until

(

i) a collective agreement has been concluded,

(ii)

a conciliation officer has been appointed to try to bring about an agreement between the parties, and 15 days have elapsed from the date on which the report of the conciliation officer was received by the minister and a conciliation board has not been appointed, or

(iii)

a conciliation board has been appointed to try to bring about agreement between the parties and 7 days have elapsed from the date on which the report of the conciliation board was received by the minister,

whichever first occurs.

1977 c64 s74; 2014 c19 s4

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Time limit

Where a party to a collective agreement has given notice under

section 73 to the other party to the agreement

(

a) the parties or their authorized representatives shall, without delay, and no later than 20 clear days after the notice was given or a further time that the parties may agree upon, meet and begin to bargain collectively in good faith and make a reasonable effort to conclude a renewal or revision of the agreement or a new collective agreement; and

(

b) where a renewal or revision of the agreement or a new collective agreement has not been concluded before expiry of the term or termination of the collective agreement, then, unless he or she receives the prior written approval of the board, the employer shall not, without the written consent of the bargaining agent certified or recognized in respect of the appropriate unit, decrease rates of wages or alter other terms or conditions of employment in effect immediately before the expiry or termination provided for in the agreement, until

(

i) a renewal or revision of the agreement on a new collective agreement has been concluded,

(ii)

a conciliation officer has been appointed to try to bring about an agreement between the parties, and 15 days have elapsed from the date on which the report of the conciliation officer was received by the minister and a conciliation board has not been appointed, or

(iii)

a conciliation board has been appointed to try to bring about an agreement between the parties and 7 days have elapsed from the date in which the report of the conciliation board was received by the minister,

whichever first occurs.

1977 c64 s75; 2014 c19 s5

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Composition

(1)A bargaining agent shall be represented by a bargaining committee consisting of employees of the employer who are members of the bargaining agent.

(2) A bargaining committee referred to in subsection (1) may include 1 or more officers or other representatives of the trade union that is the bargaining agent of the employees in the collective bargaining and

(

a) in the case of collective bargaining between a bargaining agent and an employers' organization, shall include members of the bargaining agent who are employees of 1 or more members of the employers' organization;

(

b) in the case of collective bargaining between a bargaining agent and a group of employers bargaining jointly or through representatives of those employers, shall include members of the bargaining agent who are employees of 1 or more of the employers in the group; or

(

c) in the case of collective bargaining between a group of trade unions and an employer, an employers' organization or a group of employers bargaining jointly, shall include members of the trade union who are employees of the employer, or 1 or more members of the employers' organization or of 1 or more of the employers in the group of employers.

(3) A bargaining committee shall, in respect of a bargaining unit,

(

a) include at least 1 employee from that unit where the unit consists of not more than 15 employees; and

(

b) include at least 2 employees from that unit where that unit consists of more than 15 employees.

1977 c64 s76

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Representation

An employer shall, during collective bargaining, be personally present or be represented by a person authorized by him or her to bargain collectively with his or her employees and where 1 of the parties to the collective bargaining is an employers' organization that comprises 3 or more employers, the organization shall be represented by at least 3 of the employers, or representatives of those employers whose employees are concerned in the collective bargaining, and those employers or their representatives have authority to bargain collectively on behalf of the organization and to conclude a collective agreement.

1977 c64 s77

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Extra-provincial company

Where an employer is a company incorporated outside the province whose board of directors does not meet in the province

(

a) the company shall appoint a person resident in the province with authority to bargain collectively and to conclude a collective agreement and to sign the agreement on behalf of the company; and

(

b) the collective agreement when signed by that person is binding on the company.

1977 c64 s78

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Rep. by 2014 c19 s6

[Rep. by 2014 c19 s6]

2014 c19 s6

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Rep. by 2014 c19 s6

[Rep. by 2014 c19 s6]

2014 c19 s6

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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 within 60 days after the date notice to bargain was served in accordance with

section 72, the minister shall appoint a first collective agreement mediator to assist the parties in concluding a first collective agreement.

(2) With the agreement of the parties, the period referenced in subsection (1) may be extended to 75 days.

(3) (4) The board shall consider and make its decision on an application under subsection (3) within 30 days of receiving the application.

(5) (

a) appoint a date for and commence a hearing within 21 days of the decision being made;

(

b) determine all matters in dispute; and

(

c) release its decision within 45 days of the commencement of the hearing.

(6) (7) Where an application is made under subsection (3), and upon the date the board advises the parties that it will 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.

(8) Notwithstanding subsection (1), the parties may agree in writing, and upon notice to the minister and the board, to make application to the board to settle a first collective agreement and the board shall settle the first collective agreement.

(9) Notwithstanding subsection (1), the parties may agree to settle a first collective agreement through private interest arbitration.

(10) The appointment of a first collective agreement mediator terminates on the appointment of a conciliation officer, mediator or conciliation board.

(11) Nothing in this

section limits the ability of a trade union or employer from fulfilling the conditions precedent under

section 116 of this Act.

(12) Except with the consent of the minister and notwithstanding a law to the contrary, a first collective agreement mediator shall not be required to give in evidence before a court, tribunal, board, commission or conciliation board, or before another body or person, information that he or she has received in the course of his or her duty as a first collective agreement mediator.

2012 c30 s12 ; 2014 c19 s7

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Arbitration of agreement

81.1

(1)Where a trade union or a council of trade unions and an employers' organization have been engaged in collective bargaining to conclude a first collective agreement applicable to employees employed on an offshore petroleum production platform and either party is satisfied that an agreement cannot be reached, that party may by written notice to the other party require matters in dispute to be referred to an arbitration board and those matters shall be settled by arbitration.

(2) The notice given under subsection (1) shall contain the name of the person appointed to be arbitrator by the party giving the notice.

(3) The party to whom the notice is given shall within 10 days after receiving the notice name the person who it appoints to be arbitrator and advise the party who gave the notice of the name of its appointee.

(4) The 2 arbitrators named in accordance with this provision shall within 10 days after the appointment of the second of them name a third arbitrator and he or she shall be the chairperson of the arbitration board.

(5) Where the party to whom notice is given fails to name an arbitrator within the period of 10 days after receiving the notice or where the 2 arbitrators named by the parties fail to agree upon the naming of the chairperson within 10 days after the naming of the second arbitrator, the minister shall, on the request of either party, name an arbitrator on behalf of the party who failed to name an arbitrator, or shall name the chairperson and, where the case so requires, the minister shall name the second arbitrator and the chairperson.

(6) The decision of the majority of the members of the board of arbitrators is the decision of the board and, where there is no majority decision, the decision of the chairperson shall be the decision of the board.

(7) Each party shall assume its own costs of the arbitration proceedings and shall share the cost of the third arbitrator equally.

(8) Where a trade union or a council of trade unions and an employers' organization referred to in this

section so agree, a single arbitrator satisfactory to the parties may be appointed instead of an arbitration board, and where a single arbitrator is appointed under this subsection, the arbitrator has the powers and duties conferred and imposed on an arbitration board formed in accordance with this section, and reference to a board of arbitration in these provisions shall be considered reference to a single arbitrator appointed in accordance with this subsection.

1997 c44 s7

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Beginning and termination

81.2

The board of arbitrators shall begin the arbitration proceedings within 30 days after it is constituted and shall deliver the decision or award within 60 days after the beginning of the arbitration proceedings, but this latter period may be extended by written agreement of the parties concerned or by the Labour Relations Board on the application of one of the parties, in which event the decision or award shall be delivered within that extended period which extended period in the case of an application to the Labour Relations Board shall not be greater than 60 days.

1997 c44 s7

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Term of agreement

81.3

Notwithstanding

section 83, a collective agreement arrived at under sections 81.1 and 81.2 shall be effective for a period of 3 years or the longer period that the parties may agree to.

1997 c44 s7

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Presentation of evidence

(

a) the extent to which the parties have, or have not, bargained in good faith in an effort to conclude a first collective agreement;

(b)

(c)

2006 c46 s9

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Term of first collective agreement

2011 c9 s2

Division II - Collective Agreements

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Binding effect

(1)A collective agreement is binding upon

(

a) the bargaining agent and the employees in the unit of employees that the bargaining agent represents; and

(

b) an employers' organization and employer who has entered into the agreement or on whose behalf the agreement has been entered into.

(2) A collective agreement, where it is for a term of less than a year, shall be considered to be for a term of 1 year from the date upon which it came into operation or, where it is for an indeterminate term, shall be considered to be for a term of at least 1 yea