Surprise Amendments to the Newfoundland and Labrador Labour Relations Act
Yesterday, Monday June 2, 2014, the Government of Newfoundland and Labrador introduced brand new (and unexpected) amendments to the Labour Relations Act. The full text of the proposed amendment can be accessed here. Bill 22, if it is passed, would amend the Act in several ways, notably:
- To amend the certification process to remove the possibility of card-based automatic certification.
- To remove the requirement for the parties to formally request a conciliation board.
- To rearrange and restate provisions relating to conciliation proceedings, strikes, and lockouts.
Bill 22 reverses substantial changes to the certification process that were introduced just two years ago, in June 2012. The most significant change in 2012 was the introduction of a card-based certification system, granting automatic union certification where 65% or more of the employees in the bargaining unit sign a union membership card. The 40% threshold to trigger a certification vote was maintained in 2012.
The proposed 2014 amendments remove the automatic certification provision and return the Act to its former, vote-based certification model. A vote will only occur where there is more than 40% support for the union, based on a review of union membership cards signed and submitted to the Labour Relations Board.
Bill 22 also replaces the entirety of Parts V and VI of the Act, which deal with conciliation proceedings and strikes/lockouts, respectively. The changes relate to a more significant emphasis on conciliation proceedings, and removal of the requirement to request that conciliation proceedings take place.
WHAT DOES THIS MEAN FOR YOU?
So far, Bill 22 has received only its first of three readings in the House of Assembly. The second reading is set to take place today, June 3, 2014. We will be watching the progress of the newly proposed legislation closely, and will be sure to update you if and when it is passed into law.
If you are undergoing certification proceedings at the moment, the Bill provides that the current model, including the automatic certification provision, will remain in effect for any certification drive commenced while the current Act is in force.
The foregoing is intended for general information only and is not intended as legal advice. If you have any questions, visit our Labour and Employment Group. For more on our firm see stewmac.arrdev.ca.
Archive
On April 1, 2016 New Brunswick’s Mortgage Brokers Act came into force, requiring businesses acting as mortgage brokerages or as mortgage administrators in New Brunswick to be licensed. A mortgage brokerage is a business that on behalf…
Read MoreIn May 2016, the Federal Court of Canada confirmed that copyright does not protect facts, even where a book’s author is clearly inspired by the content of a film (Maltz v. Witterick, 2016 FC 524 (CanLII)).…
Read MoreBy Jennifer Taylor “…firms of notaries or lawyers…must not be turned into archives for the tax authorities”1 So says the Supreme Court of Canada in one of two highly anticipated decisions on solicitor-client privilege, offering lawyers…
Read MoreJoe Thorne1 and Clara Linegar2 As joint owners of a business, what do you do when the business relationship falls apart? And what if one owner undermines the business in the process? In Smith v Hillier,3 Justice Paquette…
Read MoreThe Supreme Court of Canada has dismissed the appeals in Bruce Brine v. Industrial Alliance Insurance and Financial Services Inc.1 (with costs) and Luciano Branco, et al. v. Zurich Life Insurance Company Limited, et al.(without costs). Both of…
Read MoreOn May 4, 2016, the Nova Scotia Pooled Registered Pension Plans Act (“PRPP Act”) was proclaimed in force, and finalized Pooled Registered Pension Plan Regulations were released. While there were no major changes from the previously released draft regulations, the proposed rules…
Read MoreBy Level Chan and Dante Manna Pooled Registered Pension Plans (“PRPPs”) are closer to becoming a reality for Nova Scotian employers. PRPPs were established by the Federal government in an effort to address the lack of retirement savings…
Read MoreIn a case where there is a contributorily negligent plaintiff and two or more negligent defendants, can the plaintiff recover 100% of her damages from any of the defendants? The answer in Nova Scotia is…
Read MoreOn Friday, the Province of New Brunswick announced that it would not proceed at this time with the recently proposed changes to binding interest arbitration. The Province announced that a joint labour management committee will be struck to examine…
Read MoreOn March 29, 2016, the Province of New Brunswick tabled proposed changes to the Industrial Relations Act and the Public Services Labour Relations Act. If passed, these changes would dramatically alter well-established principles of private sector collective bargaining.…
Read More