Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 55

AN ACT TO AMEND THE

LABOUR

RELATIONS 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 Labour Relations Act .

Clause 1 of the Bill would amend the

Act to provide that the appointment of a member of the Labour Relations Board

continues until he or she is reappointed or replaced.

Clause 2 of the Bill would amend the

Act to provide for circumstances in which the chairperson or the

vice-chairperson of the Labour Relations Board may hear a matter referred to

the board, instead of a panel of the board.

Clause 3 of the Bill would amend the

Act to permit the board to expand the use of pre-hearing procedures by the

board.

Clause 4 of the Bill would amend the

Act to impose a time limit within which an application may be made to the board

for a reconsideration of a matter decided by the board. The board would have discretion to extend the

time period.

Clause 5 of the Bill would amend the

Act to give the board the authority to review the composition of a bargaining unit.

Clause 6 of the Bill would amend the

Act to provide that a party to a proceeding before the board may file a copy of

the board's directive with the Trial Division to facilitate its

enforcement. Currently subsection 123(6)

of the Act provides for the filing of a directive by the board. Clause 12 of the Bill would repeal subsection

123(6).

Clauses 7, 9 and 10 of the Bill would

amend the Act to provide that the board has discretion whether to hold a

hearing in circumstances where the board is currently required by the Act to

hold a hearing.

Clause 8 of the Bill would amend the

Act to require the board to conduct a vote where an application is made to it

to terminate the bargaining rights of a bargaining agent that was voluntarily

recognized by an employer. Currently the

board is only required to conduct such a vote where a bargaining agent has been

certified for a bargaining unit.

The clause would also provide that

the board may dispense with a vote where the parties concerned jointly request

that a vote not be taken.

Clause 11 of the Bill would amend the

Act to provide that a complaint may be made to the board by a party to

collective bargaining alleging that another party has been bargaining in bad

faith notwithstanding a collective agreement currently covering the parties has

expired. Currently the board is not

authorized to hear such a complaint.

Clause 12 of the Bill would amend the

Act to repeal subsection 123(6). This

amendment has already been discussed in the note relating to the amendment contained

in clause 6.

Clause 13 of the Bill would amend the

Act to clarify the board's jurisdiction with respect to complaints that may be

made to it that a trade union or representative of a trade union has been

acting in a manner that is arbitrary or discriminatory or in bad faith towards

an employee in a bargaining unit that it represents. Currently only a complaint of failure to act

in good faith may be entertained by the board.

A BILL

AN ACT TO AMEND THE LABOUR

RELATIONS ACT

Analysis

S.6(9) Added

Continuation of board

S.9.3(1.1) Added

Role of chairperson and vice-chairperson

S.18 Amdt.

Powers of the board

S.19(3) Added

Effect of decision

S.19.1 Added

Review of bargaining unit

S.21 Amdt.

Filing of orders in Supreme Court

S.30(4) R&S

Membership hearing

S.51.1(1) R&S

Revocation vote

S.82 R&S

Presentation of evidence

S.89(1) R&S

Questions referred to board

S.122 Amdt.

Making complaints

S.123(6) Rep.

Directives of board re complaints

S.130 R&S

Complaints of employees to board

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-1

as amended

Section 6 of the Labour Relations Act is amended by adding immediately after subsection

(8) the following:

(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.

(1) Section 9.3 of the Act is amended by adding

immediately after subsection (1) the following:

(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) Section 9.3 of the Act is amended by striking

out the brackets and the word and number "subsection (1)" in

subsections (2), (3), (4) and (5) and substituting the words, numbers and brackets

"subsection (1) or (1.1)".

Section 18 of the Act is amended by adding

immediately after paragraph (

a) the following:

(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;

Section 19 of the Act is amended by adding

immediately after subsection (2) the following:

(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.

5. The Act is amended by adding immediately after

section 19 the following:

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) where the conditions of

section 98 have been

met with respect to some of the employees in a bargaining unit, decide which

a collective agreement becomes applicable to the unit or the conditions of

section 98 are met with respect to that unit; and

(

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.

6. Subsection 21(3) of the Act is amended by

adding immediately after the word and figure "section 18.1" the words

and figure "or

section 123".

7. Subsection 30(4) of the Act is repealed and the

following substituted:

(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.

8. Subsection 51.1(1) of the Act is repealed and

the following substituted:

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.

Section 82 of the Act is repealed and the

following substituted:

Presentation of

evidence

82. In

an opportunity to present evidence and make representations, and may take into

account

(

a) the extent to which the parties have, or have

not, bargained in good faith in an effort to conclude a first collective agreement;

through collective bargaining for comparable employees performing the same or

similar functions in the same or related circumstances; and

(

c) other matters that the board considers will

circumstances.

10. Subsection 89(1) of the Act is repealed and the

following substituted:

Questions

referred to board

(1) Where

a question arises in connection with a matter that has been referred to an

arbitration board relating to the existence of a collective agreement, or the

identification of the parties or employees bound by a collective agreement, the

arbitration board may refer the question to the board for a hearing and

determination and the board may hold a hearing.

11. Paragraph 122(3)(

b) of the Act is repealed and the

following substituted:

(

b) that a party to collective bargaining is in

contravention of

section 75.

12. Subsection 123(6) of the Act is repealed.

Section 130 of the Act is repealed and the

following substituted:

Complaints of

employees to board

(1) An

employee in a bargaining unit, who claims to be aggrieved because his or her

bargaining agent has acted in a manner that is arbitrary or discriminatory or

in bad faith in the handling of a grievance that he or she has filed or attempted

to file with that bargaining agent in accordance with a procedure that has been

established by the bargaining agent may make a written complaint to the board.

(2) A complaint made under subsection (1) shall be

made within 90 days from the date on which the complainant knew or, in the opinion

of the board, ought to have known, of the action or circumstances, giving rise

to the complaint.

(3) The board shall investigate a complaint made

to it under subsection (1) and determine whether the bargaining agent acted in

a manner that was arbitrary or discriminatory or in bad faith.

(4) A provision in this Act or a collective

agreement that limits the time in which a grievance or arbitration proceeding

shall begin or a decision made does not apply where a matter is referred to the

board under this section.

(5) Where, on investigation of a complaint in

accordance with subsection (3), the board finds that the bargaining agent acted

in a manner that was arbitrary or discriminatory or in bad faith, the board

shall direct that bargaining agent to take those steps that the board thinks

appropriate in the circumstances.

(6) Where a collective agreement expires before a

complaint is made to the board under subsection (1), or where a collective agreement

expires before the board completes its investigation, the board may order the

bargaining agent to compensate the employee to a reasonable extent that the

board may prescribe.

Earl G. Tucker, Queen's Printer