CNLR 746/96 - Labour Relations Regulations under the Labour Relations Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 746/96 Labour Relations Regulations under the Labour Relations Act (O.C. 96-297) Amended by: 2014 c19 s14 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 746/96 Labour Relations Regulations under the Labour Relations Act (O.C. 96-297) Under the authority of section 147 of the Labour Relations Act and the Subordinate Legislation Revision and Consolidation Act the Lieutenant-Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definitions 3. Notice or report given or sent 4. Service 5. Notice to commence collective bargaining 6. Request for appointment of conciliation officer or board 7. Complaint alleging violation of Act 8. Consent to prosecute 9. Delegation of board's powers 10. Copies of arbitration decisions or summaries 11. Trade union returns 12. Repeal Short title 1. These regulations may be cited as the Labour Relations Regulations . 188/78 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Labour Relations Act ; and (b) "party" includes a person, corporation, trade union, council of trade unions, bargaining agent, employee, employers' organization or employer. 188/78 s2 Back to Top Notice or report given or sent 3. Where under the Act or these regulations a notice or report is required or authorized to be given or sent to a party by the minister, a mediator, a conciliation board, an industrial inquiry commission or an arbitration board the notice or report (a) may be personally served upon or given to that party; (b) may be given or sent by mail addressed to that party at his or her place of business or usual abode; or (c) in the party's absence, may be left for that party with a person at his or her place of business or usual place of abode. 188/78 s3 Back to Top Service 4. A writ issued by the board, a mediator, a conciliation board, an industrial inquiry commission or an arbitration board (a) requiring a person to appear and give evidence; or (b) requiring a person to appear and give evidence and to bring with him or her documents in his or her possession or under his or her control may be served personally on the person to whom it is directed. 188/78 s4 Back to Top Notice to commence collective bargaining 5. A notice to commence collective bargaining given by an employer, an employers' organization or a bargaining agent to another party under section 72 or 73 of the Act shall comply with the following: (a) the notice shall be signed by the party giving the notice or signed on his or her behalf in the manner prescribed by section 135 of the Act and shall be addressed to the party to whom the notice is to be given; (b) the notice shall be dated and shall contain a request to the party to whom notice is given to commence collective bargaining with the party giving the notice with a view to the conclusion of a collective agreement between them or to the renewal or revision of an existing collective agreement between them; and (c) the notice shall designate a convenient time, within 20 clear days from the date of the giving of the notice, when, and a convenient place where, the parties must meet and commence or cause authorized representatives on their behalf to meet and commence collective bargaining. 188/78 s5 Back to Top Request for appointment of conciliation officer or board 6. Where a request is made to the minister by a party to collective bargaining, under section 98 of the Act, to instruct a conciliation officer to assist the parties in collective bargaining or under section 100 of the Act for the appointment of a conciliation board, the request shall be accompanied by a statement containing the following information: (a) the name and address of the party making the request and of the other party to the collective bargaining; (b) a copy of the notice to commence collective bargaining given in accordance with section 72 or 73 of the Act; (c) a copy of an existing collective agreement between the parties, together with proposed amendments to the present agreement; and (d) a statement of the progress that has been made in collective bargaining and the difficulties that have been encountered since the date of the giving of the notice. 188/78 s6; 2014 c19 s14 Back to Top Complaint alleging violation of Act 7. (1) Where a complaint is made to the minister under section 129 of the Act alleging a violation of a provision of the Act, the complaint may be signed in the manner authorized by section 135 of the Act for the signing of a notice under the Act and shall be verified by affidavit or statutory declaration. (2) The complaint shall contain the following particulars: (a) the name and address of the party making the complaint and of the party against whom the complaint is made; (b) a statement that the party making the complaint is aggrieved because of the alleged violation of the Act, with particulars setting out his or her interest in the complaint; (c) the provision or provisions of the Act alleged have been violated, including a reference to the sections in the Act containing those provisions, and a concise statement of the facts and actions upon which the complaint relies as constituting a violation of the Act, including all relevant dates and names and addresses of persons who are, in the opinion of the complainant, in a position to give evidence to substantiate the complaint, and the nature of that evidence; and (d) the steps that have been taken by or on behalf of the complainant for the adjustment of the matters giving rise to the complaint. (3) Upon receipt of the complaint, the minister may request of the party making the complaint further particulars that he or she considers necessary. (4) The minister may, as he or she considers advisable, forward a notice of the complaint and any particulars of it to the party against whom the complaint is made. (5) The minister may request that the party referred to in subsection (4) provide him or her with a reply to the complaint signed and verified by affidavit or statutory declaration within 7 days of receipt of the notice by the party, or within a further time period that the minister may designate. 188/78 s7 Back to Top Consent to prosecute 8. (1) An application made by a party to the minister for consent to prosecute for an offence under the Act shall be made in writing in accordance with this section. (2) The application may be signed on behalf of the party making the application in the same manner as is provided by section 133 of the Act for the signing of a notice under the Act by the applicant and shall be verified by affidavit or statutory declaration. (3) The application shall contain the following particulars: (a) the name and address of the applicant and of the party whom it is desired to prosecute; (b) the particulars and nature of the offence alleged to have been committed and the provisions of the Act alleged to have been violated, including a reference to the sections of the Act containing those provisions and including the date upon which and the place where the offence against the Act was committed or, if a continuing offence, the date upon which the offence commenced and the period of time during which it continued; and (c) a concise statement of the facts and actions upon which the complainant relies as constituting the violation of the Act in respect of which consent to prosecute is requested, including all relevant dates and names and addresses of persons who in the opinion of the applicant are in a position to give evidence to substantiate the complaint and the nature of that evidence. (4) Upon receipt of an application for consent to prosecute, the minister may request of the applicant further particulars that he or she considers necessary. (5) The minister may give notice of an application made under subsection (1), a copy of it and any further particulars as provided by the applicant in its support to the party whom the applicant desires to have prosecuted. (6) The minister may further require that the party against whom an application is made file a reply to the application verified by affidavit or statutory declaration within 7 days of receipt of notice by the party, or within a further time period that the minister may designate. 188/78 s8 Back to Top Delegation of board's powers 9. The board may, with the approval of the minister, authorize a person or board to exercise or perform all or any of its powers or duties under the Act relating to a particular matter with which the board may have to deal in the course of a proceeding. 188/78 s9 Back to Top Copies of arbitration decisions or summaries 10. Copies of arbitration decisions or arbitration summaries on file with the minister may be made available to an interested party upon the payment of the following fees to the department: (a) arbitration summaries, $3.50 per volume; and (b) individual arbitration decisions, $0.25 per page to a maximum of $2.50 per decision. 188/78 s10 Back to Top Trade union returns 11. In accordance with sections 141 and 142 of the Act, a trade union shall file with the minister a return in the form prescribed by the minister. 188/78 s11 Back to Top Repeal 12. The Labour Relations Regulations, 1978, Newfoundland Regulation 188/78, are repealed.