Second

Session, 45th General Assembly

Elizabeth II, 2006

BILL 73

AN ACT TO AMEND THE

FISHING INDUSTRY COLLECTIVE BARGAINING ACT

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

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

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

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

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

HONOURABLE

PAUL SHELLEY

Minister

of Human Resources, Labour and Employment

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Fishing Industry Collective Bargaining Act .

Clause 1 of the Bill would amend

section 2 of the Act to add a definition of the Standing Fish Price-Setting

Panel and the phrase "majority percentage of a fish species".

Clause 1 of the Bill would also

repeal

definitions relating to conciliation boards.

Clause 1 of the Bill would also

provide that references in the Act to the province do not include the Labrador

Inuit Land Claims Area.

Clause 2 of the Bill is consequential

on the amendments in clause 8.

Clause 3 of the Bill would provide

for a processors' organization to apply to the Labour Relations Board to be

accredited to bargaining collectively with respect to a species of fish.

Clauses 4 and 5 of the Bill would

amend the Act to reflect the change, occurring throughout the Act, of the

criteria determining what constitutes "the majority percentage of

fish" for the purpose of the Act.

Clause 6 of the Bill would amend the

Act to require a notice to begin collective bargaining or to renew an agreement

to be given to the Standing Fish Price-Setting Panel at the time the notice is

given to the parties involved.

Clause 7 of the Bill would amend

sections 16 and 17 of the Act to reflect the new procedure for arriving at a

collective agreement proposed in clause 8 in substitution for the involvement

of a conciliation board.

Clause 8 of the Bill would provide for

the establishment of a Standing Fish Price-Setting Panel to facilitate

collective bargaining under the Act. The

panel would also have power to impose a collective agreement where the parties

were unable to achieve one through negotiation.

Clause 8 of the Bill would also

prohibit cessations of business dealings and lockouts.

Clause 9 of the Bill would amend

section 20 of the Act to remove references to a conciliation board which will

have no role in collective bargaining under the Act as a result of the other

amendments contained in this Bill.

Clause 10 of the Bill would provide

that a collective agreement negotiated, in the absence of an accredited

processors' organization, that is binding upon the processors

who process the majority percentage of a fish species, is binding upon

all processors who process that fish species.

Clause 11 of the Bill would amend the

Act to provide for the appointment of a single arbitrator instead of a board to

deal with disputes arising under a collective agreement.

The clause would also provide that

the decision of an arbitration board or a single arbitrator may be registered within

48 hours with the Supreme Court and enforced as a judgment of the court.

Clause 12 of the Bill would provide

that the costs of collective bargaining incurred by a processors' organization

are to be borne by all processors affected by the outcome of that collective

bargaining whether or not they belong to the organization.

Clause 13 of the Bill would repeal

various sections of the Act as a consequence of the prohibition of the

cessation of business dealings and lockouts in clause 8.

Clauses 14 and 15 of the Bill would

amend sections 29 and 31 of the Act as a consequence of the repeal of

section

27 of the Act.

Clause 16 of the Bill would provide

for the filing of decisions of the Labour Relations Board within 48 hours for

enforcement as decisions of the Supreme Court.

Clause 17 of the Bill would repeal

sections 33 to 35 of the Act which incorporates provisions of the Labour Relations Act dealing with conciliation

boards. The incorporation of

section 106

of the Labour Relations Act dealing

with conciliation officers would be retained.

Clause 18 of the Bill would provide

for an increase of penalties in the event of an illegal lock out or cessation

of business dealings.

Clause 19 of the Bill would repeal

section 40 of the Act as a consequence of the prohibition of the cessation of

business dealings and lockouts in clause 8.

Clause 20 of the Bill would allow a

party to collective bargaining who believes another party is failing to comply

with the provisions of the Act respecting a notice to begin collective

bargaining to apply to the Labour Relations Board for a determination of the

matter. At present the referral must be

made by the minister.

Clauses 21 and 22 of the Bill would

provide for the application of certain provisions in the Labour Relations Act to parties to whom the Fishing Industry Collective Bargaining Act applies.

Clause 23 of the Bill would amend

section 45 of the Act to provide that

section 121 of the Labour Relations Act applies to the Act only with respect to

conciliation officers.

Clause 24 of the Bill would provide

that an association representing fishers, a processor or a processors' organization

may apply to the Labour Relations Board for the determination of a matter set

out in

section 48 of the Act.

The amendment would also permit the

minister responsible for labour relations to refer a matter set out in

section

48 of the Act to the board. At present a

matter referred to in

section 48 can only be dealt with by the board in the

context of a proceeding before it begun on some other basis.

A BILL

AN ACT TO AMEND THE FISHING INDUSTRY

COLLECTIVE BARGAINING ACT

Analysis

1. S.2 Amdt.

Definitions

2. S.2.1 R&S

Application of certain provisions

Ss.13.1 & 13.2 R&S

13.1 Accreditation as

bargaining agent

13.2 Membership in

accredited processor's

organization

4. S.13.3 Amdt.

Expedited accreditation process

5. S.13.7 Amdt.

Revocation

6. S.15.1 Added

Notice to panel

7. S.16 & 17 R&S

16. Time limits to begin

bargaining

17. Parties not to delay

bargaining

8. Ss.19.1 to 19.14 Added

19.1 Appointment of panel

19.2 Duties of panel

19.3 Matters beyond

panel's authority

19.4 Procedure of the

panel

19.5 Powers of the panel

19.6 Decision of the panel

19.7 Costs

19.8 Time limit for

agreement

19.9 Panel to establish

agreement

19.10 Where no collective

bargaining occurs

19.11 Final offer selection

19.12 No cessation or

lockout

19.13 Facilitator not

compellable

19.14 Sections apply

9. S.20 R&S

Conciliation officer

10. S.21.1 Added

Agreement or decision binding

11. Ss.22.1 & 22.2 Added

22.1 Single arbitrator

22.2 Enforcement of

arbitration award

S.23.1 Added

Costs of collective bargaining

13. Ss.26 to 28 Rep.

26. Stoppage of business

dealings, lockouts

27. No actions during

agreements

28. Prohibited actions

14. S.29 R&S

Association constrained

15. S.31 R&S

Suspension of operations not affected

S.32.1 R&S

Enforcement of board's order

17. Ss.33 to 35 R&S

Labour Relations Act

S.38 Amdt.

Illegal lockout

19. S.40 Rep.

Prohibited acts

20. S.41 Amdt.

Reference to board

S.41.1 Added

Application of Labour Relations Act

S.43 R&S

Labour Relations Act

23. S.45 R&S

Labour Relations Act

S.48 Amdt.

Powers of board

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-18

as amended

1. (1) Paragraph 2(1)(

g) of the Fishing Industry Collective Bargaining Act

is repealed.

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

adding immediately after paragraph (

m) the following:

(m.01) "majority percentage of a fish

species" means the majority percentage of a fish species as measured by

the round weight equivalent based upon the previous calendar year's production

as determined on the basis of records submitted by processors to the Department

of Fisheries and Aquaculture under the requirements of the Fish Inspection Act and the regulations made under that Act and the

Fisheries Act in the context of

obtaining licence renewal and reporting production for the calendar year

previous to the application;

(3) Subsection 2(1) of the Act is further amended

by adding immediately after paragraph (

n) the following:

(n.1) "panel" means the Standing Fish

Price-Setting Panel established under

section 19.1;

(4) Paragraph 2(1)(

q) of the Act is repealed.

(5) Section 2 of the Act is further amended by

adding immediately after subsection (4) the following:

(5) In this Act, except in paragraphs 2(1)(

a) and

(

i) and

section 24, a reference to the province does not include the Labrador

Inuit Land Claims Area as shown in

Schedule 1-A of the

Schedule to the Labrador Inuit Land Claims Agreement Act .

Section 2.1 of the Act is repealed and the

following substituted:

Application of

certain provisions

2.1 Sections

13.1 to 13.9, 19.1 to 19.14 and 35.1 to 35.5 apply only where fishers are represented

by a certified bargaining agent.

3. Sections 13.1 and 13.2 of the Act are repealed

and the following substituted:

Accreditation as

bargaining agent

13.1

(1) Subject

to the rules of the board, a processors' organization whose members produce the

majority percentage of a fish species may apply to the board to be accredited

as the sole collective bargaining agent for all processors in the province of

that species.

(2) Where as a result of an application under

subsection (1) the board issues an accreditation order to a processors'

organization with respect to a species of fish, a previously issued

accreditation order with respect to that species is revoked.

Membership in

accredited processors' organization

13.2 An

accredited processors' organization

(

a) shall offer membership to processors who

process the fish species for which the organization is accredited on terms that

are no less favourable than the terms offered to existing members; and

(

b) shall not deny

membership to a processor for whom it is the bargaining agent for a reason

other than refusal or failure to pay the periodic dues, assessments and

initiation fees ordinarily required to be paid by all members of the

processors' organization as a condition of acquiring or retaining membership in

the organization.

(1) Subsection 13.3(1) of the Act is

amended by adding immediately after the word "processors" the phrase

"who process the fish species for which the applicant has applied for

accreditation".

(2) Subsections 13.3(2) and (3) of the Act are

repealed and the following substituted:

(2) A processor who has received notice under

subsection (1) may, within 10 business days of receiving that notice, make

representations to the board with respect to whether the applicant produces the

majority percentage of a fish species, and subject to the merits of those

representations, the board may, in its discretion, hold a hearing with respect

to that application for accreditation.

(3) Where an application is made under

section

13.1 and the board has fulfilled the requirements of subsections (1) and (2) of

this section, and is satisfied that the processors' organization produces the

majority percentage of a fish species, the board shall accredit the applicant.

5. Paragraph 13.7(3)(

a) of the Act is repealed and

the following substituted:

(

a) processors processing the majority percentage

of a fish species have voluntarily indicated in writing that they no longer

wish to be represented by the accredited processors' organization; and

6. The Act is amended by adding immediately after

section 15 the following:

Notice to panel

15.1 Where

a notice is given under

section 14 or 15, a copy of the notice shall at the

same time be given to the panel.

7. Sections 16 and 17 of the Act are repealed and

the following substituted:

Time limit to

begin bargaining

16. Where

notice to commence collective bargaining has been given under

section 14,

(

a) the certified bargaining agent and the

processor, or a processors' organization representing the processor shall,

without delay, but within 20 clear days after the notice was given or the

further time that the parties may agree upon, meet and commence or authorize

representatives on their behalf to meet and commence to bargain collectively

with one another and shall make every reasonable effort to conclude a collective

agreement; and

(

b) the processor shall not, without consent by or

on behalf of the fishers affected, alter rates of pay for fish or alter other

terms or conditions respecting the purchase of fish then in force in respect to

fishers in the unit for which the bargaining agent is certified until

(

i) a collective agreement has been concluded that

is binding on all the processors who process the species of fish to which the

agreement relates, or

(ii) the matters in dispute between the processor

and the certified bargaining agent have been decided on by the panel and an

agreement imposed that is binding on all the processors who process the species

of fish to which the agreement relates,

whichever is earlier.

Parties not to

delay bargaining

17. Where

a party to a collective agreement has given notice under

section 15 to the

other party to the agreement,

(

a) the parties shall, without delay, but in any

case within 20 clear days after the notice was given, or the further time that

the parties may agree upon, meet and commence or authorize representatives on

their behalf to meet and commence to bargain collectively and make every

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

of, or termination of, the agreement, the processor shall not, without the

consent of or on behalf of the fishers affected, alter rates of pay for fish or

alter other terms or conditions respecting the purchase of fish in effect immediately

prior to that expiry or termination provided for in the agreement, until

(

i) a renewal or revision of the agreement or a

new collective agreement has been concluded that is binding on all the

processors who process the species of fish to which the agreement relates, or

(ii) the matters in dispute between the processor

and the bargaining agent have been decided on by the panel and an agreement

imposed that is binding on all the processors who process the species of fish

to which the agreement relates,

whichever is earlier.

8. The Act is amended by adding immediately after

section 19 the following:

Appointment of

panel

19.1

(1) The Standing Fish Price-Setting Panel

is established consisting of 3 members appointed by the Lieutenant-Governor in

Council.

(2) The Lieutenant-Governor in Council shall appoint

one of the members of the panel as chairperson.

(3) A member of the panel shall serve for a period

of 3 years and is eligible to be reappointed.

(4) Where a member of the panel resigns or, due to

absence, incapacity or other cause, is unable to carry out his or her duties as

a member, the Lieutenant-Governor in Council shall appoint a person in his or

her place who shall serve for the remainder of the term of the member being replaced.

(5) The members of the panel shall be paid

remuneration and expenses related to carrying out their duties at a rate set by

the Lieutenant-Governor in Council.

(6) The members of the panel shall elect one of

their number to be vice-chairperson and during the absence or incapacity of the

chairperson or during a vacancy in the office of the chairperson the

vice-chairperson has and may exercise the powers of the chairperson and shall

perform his or her duties.

(7) The Lieutenant-Governor in Council may appoint

as many persons as he or she considers appropriate to serve as alternate members

of the panel and the persons appointed hold office for 3 years and are eligible

for reappointment.

(8) The persons appointed under subsection

(7) shall be considered to be members of the panel only while serving on the panel.

(9) Notwithstanding subsection (3), a person

continues to be and may serve as a member of the panel until he or she is reappointed

or replaced.

(10) Notwithstanding subsection (3), of the members

of the panel first appointed

(

a) the chairperson shall be appointed for a term

of 3 years;

(

b) one member shall be appointed for a term of 2

years; and

(

c) one member shall be appointed for a term of

one year,

and are eligible for re-appointment.

Duties of the

panel

19.2 The

duties of the panel are

(

a) to facilitate access by parties to collective

bargaining to market information relating to the sale of fish;

(

b) to establish criteria that are not

inconsistent with this Act relating to collective bargaining under this Act;

(

c) to provide assistance to parties engaged in

collective bargaining under this Act;

(

d) to set prices and conditions of sale for a fish

species where parties have engaged in collective bargaining and have been

unable to agree or where parties have refused to engage in collective bargaining;

(

e) to review and report on matters related to the price and conditions

of sale of a fish species that may be referred to it by the minister

responsible for fisheries and aquaculture; and

(

f) to make recommendations on matters falling

within its mandate to the minister responsible for fisheries and aquaculture

Matters beyond

panel's authority

19.3 The

panel shall not have authority with respect to

(

a) raw material shares; or

(

b) production limits.

Procedure of the

panel

19.4 The

panel may establish rules and procedures for the purpose of carrying out its

duties under this Act.

Powers of the

panel

19.5 The

panel has all the powers that are or may be conferred on a commissioner under

the Public Inquiries Act .

Decision of the

panel

19.6 A

decision of a majority of the members of the panel is a decision of the panel.

Costs

19.7 Each

party to a proceeding before the panel shall assume its own costs.

Time limit for

agreement

19.8

(1) The

panel shall annually set a date by which a bargaining agent and a processor or

processors organization shall conclude a collective agreement in relation to a

fish species that is binding on all processors that process that fish species.

(2) Where parties to collective bargaining in

relation to a fish species conclude a collective agreement in relation to that

fish species that is binding on all processors who process that fish species prior

to the date set for it by the panel under subsection (1), the parties shall so

inform the panel.

(3) Where the panel does not set a date under

subsection (1) for a fish species, a certified bargaining agent or a processor

or processors' organization referred to in

section 14 or a party to a

collective agreement referred to in

section 15 may apply to the panel for a

date to be set.

(4) A party to collective bargaining with respect

to a fish species may refer a matter other than price to the panel prior to the

date set under subsection (1) and the panel may consider and give a decision

with respect to the matter.

(5) A party referring a matter to the panel under

subsection (4) shall, at the same time, give notice to the other party of that

referral.

(6) The panel may refuse to consider a matter

referred to it.

Panel to

establish agreement

19.9

(1) Where

a bargaining agent and a processor or processors' organization have failed to

conclude a collective agreement in relation to a fish species that is binding

on all processors that process that fish species by the date set for it by the

panel under subsection 19.8(1), all the matters in dispute between them

relating to price and conditions of sale for a fish species shall be considered

to have been referred to the panel for decision.

(2) The panel shall hold a hearing in relation to

the matters considered to have been referred to it under subsection (1) at

which the bargaining agent and processor or processors' organization may make

submissions.

(3) Immediately after the conclusion of the

hearing referred to in subsection (2) but, in any event, not later than 3 days

before the normally scheduled opening date of the fishery concerned, the panel

shall decide on the matters in dispute between the parties relating to price

and conditions of sale for the fish species and the decision of the panel is

final and binding on the parties and on all other processors that process that

species of fish to which the panel's decision relates and constitutes a

collective agreement or part of a collective agreement between them.

Where no

collective bargaining occurs

19.10 Where

a date has been set by the panel under subsection 19.8(1) and parties do not

engage in collective bargaining with a view to concluding a collective

agreement relating to price and conditions of sale for a fish species, the

panel, following the holding of a hearing at which the bargaining agent and a

processor or processors' organization may make submissions, shall set a price

and conditions of sale for the fish species that are binding on the parties and

on all other processors that process that fish species and that decision constitutes

a collective agreement or part of a collective agreement between them.

Final offer

selection

19.11

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

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

a processors' organization that represents processors that process the majority

percentage of a fish species and those parties appear before the panel under

subsection 19.9(2), the panel shall hear and consider their positions on price

and conditions of sale and shall make a decision with respect to those

submissions and that decision shall be in accordance with one of the positions

on price and conditions of sale submitted to the panel by the parties at the

hearing.

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

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

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

on all other processors that process that species of fish to which the panel's

decision relates and constitutes a collective agreement or part of a collective

agreement between them.

(3) Final offer selection, the process referred to

in subsection (1), shall be the form of arbitration used by the parties

referred to in subsection (1) unless the parties referred to in subsection (1) agree

that another form of arbitration is acceptable to them.

No cessation or

lockout

19.12

(1) A

fisher shall not engage in a cessation of business dealings and a bargaining

agent representing the fisher shall not take a vote as to cessation of business

dealings between fishers and processors or authorize or participate in taking a

vote or declare or authorize a cessation by that fisher.

(2) A processor or a processors' organization

shall not lock out a fisher.

Facilitator not

compellable

19.13 Except

with the consent of the minister, and notwithstanding a law to the contrary, a

person appointed by the panel as a facilitator shall not be required to give

evidence before a court, board or other body or provide information that he or

she has received in the course of carrying out his or her duties.

Sections apply

19.14 Where

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

to 19.13, sections 19.1 to 19.13 apply.

Section 20 of the Act is repealed and the

following substituted:

Conciliation officers

Section

79 of the Labour Relations Act with

respect to conciliation officers applies to all matters within the scope of

this Act.

10. The Act is amended by adding immediately after

section 21 the following:

Agreement or

decision binding

21.1

(1) Where,

in the absence of an accredited processors' organization

(

a) a certified bargaining agent negotiates a

collective agreement for a fish species on price and conditions of sale; and

(

b) that collective agreement is binding upon the

processors who process the majority percentage of the fish species

the terms of that collective agreement is binding upon all processors

in the province who process that fish species.

(2) Where a processor referred to in subsection

(1) fails to comply with a provision of a collective agreement referred to in

that subsection, the processors' organization affected by the failure to comply

may apply to the board for a determination on the matter and the board may make

that determination.

11. The Act is amended by adding immediately after

section 22 the following;

Single arbitrator

22.1

(1) Where

a party to a collective agreement requests, the minister shall appoint a single

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

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

conferred and imposed on an arbitration board under the Labour Relations Act .

(2) An arbitrator's decision shall be given within

48 hours of his or her appointment unless the parties to the collective

agreement agree to a different time.

Enforcement of arbitration

award

22.2 Where

an association, fisher, processor or processors' organization or other person

has failed to comply with the terms of the decision of an arbitration board or

of a single arbitrator made under a collective agreement or this Act a person

affected by the decision may after 48 hours of the date on which the decision

was made, or the date provided in it for compliance, whichever is earlier, file

at the Registry of the Supreme Court a copy of the decision, exclusive of the

reasons for it, and the decision shall be entered in the same way as a judgment

of or order of that court and is enforceable as such.

12. The Act is amended by adding immediately after

section 23 the following:

Costs of

collective bargaining

23.1 A

processors' organization whose members produce the majority percentage of a fish

species, or an accredited processor's organization, that engages in collective

bargaining is entitled to recover its costs that are directly attributable to

the collective bargaining proportionately from all the processors to which the

collective agreement resulting from the collective bargaining applies.

13. Sections 26 to 28 of the Act are repealed.

Section 29 of the Act is repealed and the

following substituted:

Association constrained

29. An

association that is not entitled to bargain collectively under this Act on

behalf of a unit of fishers shall not declare or authorize a cessation of

business dealings in respect to fishers in that unit.

Section 31 of the Act is repealed and the

following substituted:

Suspension of

operations not affected

31. Nothing

in this Act shall be interpreted to prohibit the suspension or discontinuance

of operations in a processor's establishment, in whole or in part, not

constituting a lockout or a cessation of business dealings.

Section 32.1 of the Act is repealed and the

following substituted:

Enforcement of

board's order

32.1

(1) Where

a person, fisher, processor, processors' organization or an association has

failed to comply with an order or decision of the board, a person, fisher,

processor, processors' organization or an association affected may, after 48

hours of the date which the order or decision was made, or the date provided in

it for compliance, whichever is earlier, file a copy of the order or decision,

exclusive of the reasons, with the Registrar of the Supreme Court.

(2) Once an order or decision of the board is

filed with the Registrar of the Supreme Court 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 of the Labour Relations Act is not complied with, a person, association,

processor or processors' organization, and their officers, officials or agents

affected by that directive may file a copy of the directive, exclusive of

reasons, with the Registrar of the Supreme Court and, once filed with the

Registrar, that directive is enforceable as a judgment or order of the Supreme

Court.

17. Sections 33, 34 and 35 of the Act are repealed

and the following substituted:

Labour Relations

Act

Section

106 of the Labour Relations Act

applies to all matters within the scope of this Act to the extent of the

reference to a conciliation officer.

18. (1) Subsection 38(1) of the Act is amended by

striking out the amount "$250" and substituting "$1,000".

(2) Subsection 38(2) of the Act is amended by

striking out the amount "$300" and substituting "$10,000".

(3) Subsection 38(3) of the Act is amended by

striking out the amount "$150" and substituting "$1,000".

(4) Subsection 38(4) of the Act is amended by

striking out the amount "$300" and substituting "$10,000".

Section 40 of the Act is repealed.

20. Subsections 41(1) and (2) of the Act are

repealed and the following substituted:

Reference to board

(1) Where a party to collective bargaining believes that

another party to the collective bargaining has failed to comply with paragraph

16(

a) or with paragraph 17(a), that party may apply to the board for a

determination of the matter.

(2) Where an application is made to the board

under subsection (1), the board shall inquire into the matter and may dismiss

the application or may make an order requiring a party to the collective bargaining

to do those things that in the opinion of the board are necessary to secure

compliance with paragraph 16(

a) or paragraph 17(a).

21. The Act is amended by adding immediately after

section 41 the following:

Application of

Labour Relations Act

41.1

(1) Section

18.1,

section 122, except subparagraph (1)(b)(iii), paragraphs (1)(

d) and (

e) and

paragraphs (2)(

b) and (

c) of

section 122, and sections 123 and 124 of the Labour Relations Act apply to matters

within the scope of this Act with

(

a) the words "trade union" replaced by

the word "association";

(

b) the word "strike" replaced by the

words "cessation of business dealings";

(

c) the word "employee" replaced by the

word "fisher";

(

d) the word "employer" replaced by the

word "processor"; and

(

e) the words "employers' organization"

replaced by the words "processors' organization".

(2) In

section 122 of the Labour Relations Act , the following references to provisions of

that Act shall be read as the following references to provisions of this Act:

(a) subsection 23(1) - subsection 6(1);

(b) paragraph 24(1)(a) - paragraph 6(2)(a);

(c) paragraph 24(1)(b) - paragraph 6(2)(b);

(d) subsection 25(1) - subsection 6(3);

(

e) section 26 - subsection 6(4);

(f) subsection 28(1) - subsection 6(6);

(

g) section 45 - subsection 10(6);

(

h) section 74 -

section 16; and

(

i) section 75 -

section 17.

Section 43 of the Act is repealed and the

following substituted:

Labour Relations

Act

43. Sections

129, 130, with the necessary changes, and 133 of the Labour Relations Act apply to all matters within the scope of this

Act.

Section 45 of the Act is repealed and the

following substituted:

Labour Relations

Act

Section

121 of the Labour Relations Act applies

to the extent of its reference to a conciliation officer and sections 136, 137

and 139 of that Act apply to all matters within the scope of this Act.

24. Subsection 48(1) of the Act is repealed and the

following substituted:

Powers of board

(1) An association, a processor or processors' organization may

apply to the board for a determination of a matter referred to in subsection

(1.1).

(1.1) Where

(

a) in a proceeding before the board under this

Act a question arises as to; or

(

b) on the application of an association,

processor or processor's organization to the board or a referral by the

minister to the board to determine

whether,

(

c) a person is a processor or a fisher;

(

d) an organization or association is a

processors' organization or an association;

(

e) a processors' organization is an accredited

processors' organization;

(

f) a collective agreement has been entered into

and the terms of the agreement and the persons who are parties to or are bound

by the collective agreement or on whose behalf the collective agreement was

entered into;

(

g) a collective agreement is by its terms in

effect;

(

h) a party to collective bargaining has failed to

comply with paragraph 16(

a) or with paragraph 17(a);

(

i) a group of fishers is a unit appropriate for

collective bargaining;

(

j) a processors' organization is appropriate to

bargain collectively; or

(

k) a person is a member in good standing of an

association,

the board shall decide the question and

its decision is final and conclusive for all the purposes of this Act.

(1.2) The minister may refer a matter set out in

subsection (1.1) to the board for a determination.

Earl G. Tucker, Queen's Printer