On December 30, 2019 the Supreme Court of Newfoundland and Labrador (the “NLSC”) released its decision in Re Norcon Marine Services Ltd. (“Norcon”) dismissing both an application by a debtor, Norcon Marine Services Ltd., for creditor protection under the Companies’ Creditors Arrangement Act (the “CCAA”), and a competing application by a secured creditor, the Business […]read more
Amendments to the Newfoundland and Labrador Labour Relations Act Remove Automatic Certification for Union Support Greater than 65%
Newfoundland and Labrador’s Labour Relation Act, RSNL 1990, c L-1 (the “Act”), has been amended by Bill 22, which passed into law on June 5, 2014. The amendments replace section 47(1) of the Act which allowed for the certification of a union as the bargaining agent for a group of employees without a vote where 65% of those employees had signed union cards.
The law has been revised to require a secret vote where the application for certification is supported by not less than 40% of the group of employees to which the application relates. This broadly reflects a return to the certification procedure that was in place prior to the 2012 amendments to the Act.
This revised process affords employers the opportunity to lawfully speak with its employees about unionization between the application for certification being made and the time of the vote. It is important to note, however, that any communication or actions that are coercive or intimidating is still strictly prohibited.
Although less controversial in nature, the legislative amendments also modify the conciliation provisions in the Act.
A copy of Bill 22 may be found here.