June 3, 2014
Updating Labour Legislation Builds a Strong Workforce
Amendments to Labour Relations Act Allow for Secret Ballot Vote and Streamline Conciliation Process
Amendments introduced in the House of Assembly today to the Labour Relations Act will provide employees who are considering joining a union the opportunity to participate in a secret ballot process. Bill 22 will also ensure that the conciliation process is streamlined and more user-friendly.
“After amendments to the Labour Relations Act were introduced in 2012, the Provincial Government received feedback on card-based certification. We have carefully examined the issue and looked at research that confirms workers would like the right to a secret ballot vote and information prior to certification. We also considered employers’ requests to have the ability to provide information to workers prior to certification. We have determined that changing to a two-stage certification process is the best approach for employees and employers to help ensure a fair and neutral system.”
- The Honourable Dan Crummell, Minister Responsible for the Labour Relations Agency
Currently, card-based certification occurs in instances where 65 per cent or more of employees in a proposed bargaining unit sign a union card and the required conditions of the legislation are met. At this threshold a mandatory vote by workers is not required. The Provincial Government is changing the legislation to reinstate a two-stage process where an application is made to the Labour Relations Board based on over 50 per cent employee support for unionization and a secret ballot vote is held. This two-stage process affords employees the privacy of a voting booth to confidentially express their preference.
In addition, the amendments include changes to the conciliation process. Conciliation is an important tool that is offered to unions and employers to assist them in reaching a collective agreement.
“Currently, when requests for a conciliation board are made, a conciliation officer is appointed. These amendments will reflect that practice with the Minister maintaining discretion to appoint a conciliation board where deemed appropriate to do so. As well, we are changing the order in which strike/lockout provisions appear in the legislation to reflect the order in which they actually occur in practice.”
- Minister Crummell
QUICK FACTS:
- A two-stage certification process will ensure that employees have the ability to vote in secret regarding their desire to join a union.
- Unions and employers are prohibited from engaging in intimidation or coercion during a certification drive. The Labour Relations Board respond to any allegations of such unfair labour practice complaints.
- The changes to the conciliation process reflect the current process of appointing a conciliation officer when a conciliation board is requested.
- The Minister maintains discretion to appoint a conciliation board if it is deemed appropriate to do so.
- Over 95 per cent of all conciliation cases are settled without any labour disruption.
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Media contact:
Vanessa Colman-Sadd
Director of Communications
Service NL
709-729-4860, 682-6593
vanessacolmansadd@gov.nl.ca
2014 06 03 8:35 p.m.