Amendments Will Modernize Provincial Labour Laws

The Provincial Government is committed to maintaining a positive labour relations climate in Newfoundland and Labrador to help maximize job creation, economic benefits and employment relations stability. As a result, substantial legislative amendments to Newfoundland and Labrador’s employment relations framework will be introduced in the House of Assembly today (Tuesday, June 19).

“Over the last number of years, our government has been actively engaged in three significant reviews pertaining to our labour relations framework in Newfoundland and Labrador,” said the Honourable Terry French, Minister Responsible for the Labour Relations Agency. “Today, I am pleased to announce amendments to the Labour Relations Act and the Public Service Collective Bargaining Act arising from these reviews. These changes reflect a balanced approach and are the result of a considerable amount of input from both labour organizations and employers.”

The Provincial Government has been involved in a tripartite review of provincial labour legislation with business and labour stakeholders of the Employment Relations Committee (ERC) of the Strategic Partnership Council for a number of years. The first in a set of legislative amendments recommended by the ERC were tabled in the House of Assembly in spring 2011. The Provincial Government completed its review of the remaining proposals arising from the ERC process, and a series of changes to the Labour Relations Act and the Public Service Collective Bargaining Act are now being brought forward.

In May 2011, the Provincial Government received the final Report of the Voisey’s Bay Industrial Inquiry Commission. Additionally, in December 2011, the James Oakley Report on the Special Project Order (SPO) provisions of the Labour Relations Act was commissioned to review the legislation to ensure that it supports the needs of stakeholders engaged on major projects and achieves the intended effect of labour stability.

Stakeholder input has been crucial in the consideration of appropriate changes to legislation which are designed to contribute to stable labour relations in the province. The Provincial Government is acting in the interests of all stakeholders in implementing changes which reflect current practice in other jurisdictions, as well as a comprehensive analysis of the most appropriate public policy.

Highlights of the changes to be made include:

• Card-based certification when 65 per cent of employees sign union cards;
• In the private sector, employers and unions (in instances when they are bargaining with multiple employers) and in the public sector only the employer have been provided with one opportunity during collective bargaining to request a vote on the most recent offer. If accepted, the offer becomes the collective agreement;
• Confirmation of the employer’s right to communicate with employees so long as it does not use coercion, intimidation, threats, promises or undue influence;
• The minister will appoint a first collective agreement mediator where the parties have failed to conclude a first collective agreement within 60 days of serving notice to negotiate;
• Time frames have been established for the Labour Relations Board to decide on the terms and conditions of first collective agreements;
• Parties to a collective agreement will establish a labour management committee when one of the parties makes a written request;
• Additional remedial powers have been provided to the Labour Relations Board to address failure to bargain in good faith;
• The minimum construction period required for a Special Project Order has been reduced from three years to two years;
• Flexibility to prescribe Special Project Orders by geographic site or scope of work; and,
• Ability to allow Special Project Orders to overlap in time and geography.

“It is important that we enhance our labour relations framework in Newfoundland and Labrador to help ensure we remain globally competitive,” said Minister French. “As the regulator, we are moving to modernize our legislation which will help us continue to support a positive labour relations climate in our province.”

A detailed backgrounder outlining the recommendations arising from the three reviews and the Provincial Government’s response can be found at - www.gov.nl.ca/lra/2012amendments_labour_laws.pdf

• Video of news conference (18 MB)

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Media contact:
Melony O’Neill
Director of Communications
Department of Environment and Conservation
709-729-2575, 689-0928
moneill@gov.nl.ca 

2012 06 19             12:20 p.m.