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 www.stewartmckelvey.com.
Archive
Murray Murphy, QC, CPHR, and Charlotte Jenkins Mental health impacts of COVID-19 The mental health impacts of COVID-19 have been, and will continue to be significant and wide-spread around the world. Individuals are continuously required…
Read MoreNancy G. Rubin, QC and Erin McSorley In response to the immense public health and safety challenges posed by the COVID-19 pandemic, Courts across the country have modified their practices and procedures. This article provides…
Read MoreKathleen Leighton On March 18, 2020, Newfoundland and Labrador declared a public health emergency as a result of the COVID-19 pandemic. While a declaration of public health emergency is in effect, the Chief Medical Officer…
Read MoreBrian Johnston, QC and Brittany Trafford Governments and employers are strategizing ways to open economies, businesses and services following unprecedented closures around the world.1 In Canada, each Province is taking its own approach and various…
Read MoreStephanie Stapleford, Andrew Burke, Mike Carver, Matthew Craig and Divya Subramanian Part 1: Virtual shareholders’ meetings The escalating COVID-19 crisis, and federal, provincial and local governments’ directives for individuals to comply with social distancing policies,…
Read MoreKimberly Bungay In the spring sitting of the legislature, the Nova Scotia government introduced Bill 226, which amends the Companies Act (the “Act”) to require companies incorporated under the Act to create and maintain a…
Read MoreCatherine Lahey, QC, Iain Sinclair and Robert Bradley The Province of New Brunswick declared a State of Emergency on March 19, 2020 related to the COVID-19 pandemic and issued a Mandatory Order stipulating restrictions on…
Read MoreHalifax Partners Richard Niedermayer, TEP, Secretary, STEP Canada, and Tim Matthews, QC, TEP, and Articled Clerk Madeleine Coats, have prepared a useful resource for STEP Canada members outlining the options in place for having estate…
Read MoreJoe Thorne In our update on April 2, 2020, Newfoundland and Labrador passes law to allow variation periods and statutory timelines during COVID-19 pandemic, we reported on Newfoundland and Labrador’s passage of the Temporary Variation…
Read MoreRick Dunlop The question on many businesses’ mind is when and what exactly does an end to the COVID-19 lockdown look like. The Economist describes various European government’s easing of COVID-19 restrictions as being done…
Read More