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
Rick Dunlop, Jennifer Thompson, Alycia Novacefski, Kyle Hartlen, Scott Campbell and Rebecca Saturley The impact of COVID-19, commonly referred to as coronavirus, will vary by organization. Each organization, however, should consider various legal issues associated…
Read MoreLevel Chan and Dante Manna On February 26, 2020, the Nova Scotia Government released its regulations establishing a new defined benefit pension funding framework for the province. The amendments to the Pension Benefits Regulations (“PBR”)…
Read MoreMichelle Chai & Jennifer Taylor UPDATE Richards Estate v Industrial Alliance Insurance and Financial Services Inc, 2020 NSCA 14 The Nova Scotia Court of Appeal has recently overturned the decision summarized below,…
Read MoreKathleen Leighton Family reunification is a top priority for Canada when it comes to immigration, and we recognize that in order to continue to attract skilled workers to our country, we must ensure there are…
Read MoreKathleen Leighton and Brittany Trafford Canada’s higher education institutions power innovation and contribute to economic growth through research and development efforts, collaborations with government and industry and the provision of world-class educational programming to develop…
Read MoreJennifer Taylor The case of Lorne Grabher and his personalized “GRABHER” license plate has grabbed many headlines. Mr. Grabher (“Applicant”) launched a constitutional challenge after Nova Scotia’s Registrar of Motor Vehicles cancelled his personalized…
Read MoreDavid Randell and David Slipp With a number of economic indicators showing headwinds ahead, purchasers and vendors are likely to have a more challenging time agreeing on a target company’s valuation. In these cases, parties…
Read MoreKathleen Leighton The Canada-European Union Comprehensive Economic Trade Agreement (“CETA”) includes mobility provisions between Canada and European Union (“EU”) member states, providing a useful route for investors, contractual service providers, independent professionals, intra-company transferees, and…
Read MoreWe are pleased to present the second installment of Beyond the border, a quarterly publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers…
Read MoreIn preparing for the 2020 Proxy season, you should be aware of some of the regulatory developments and institutional investor guidance that is likely to impact disclosure to, and interactions with, shareholders. This update highlights…
Read More