STU
NL · Labour Relations Act (unions and bargaining) · Article 101 · clause 101 · RSNL1990 c L-1

PART V CONCILIATION PROCEEDINGS — Conciliation board appointment

101

(1) A conciliation board appointed under this Act shall consist of a chairperson and 2 members appointed in the manner provided in this section.

101(2)

Where the minister decides to appoint a conciliation board, he or she shall, immediately by written notice, require each of the parties to nominate, within 7 days after receipt of notice, one person to be a member of the board, and, upon receipt of the nominations within 7 days, the minister shall appoint those persons members of the board.

101(3)

Where either of the parties to whom notice is given under this section fails or neglects to nominate a person within 7 days after receipt of notice, the minister shall appoint as a member of the conciliation board a person he or she considers appropriate for the purpose and the person shall be considered to have been appointed on the recommendation of the party who did not respond to the notice.

101(4)

The 2 members appointed under subsections (2) and (3) shall, within 5 days after the day on which the second of them is appointed, nominate a third person who is willing and ready to act to be a member and chairperson of the conciliation board and the minister shall appoint him or her a member and chairperson of the conciliation board.

101(5)

Where the 2 members appointed under subsection (2) or (3) fail or neglect to make a nomination within 5 days after the appointment of the second member, the minister shall immediately appoint, as the third member and chairperson of the conciliation board, a person who in his or her opinion is qualified and who has consented to so act.

101(6)

A person who has a monetary interest in the matters referred to the conciliation board or who is acting, or has within a period of 6 months preceding the date of his or her appointment acted, in the capacity of solicitor, legal adviser, counsel or paid agent of either of the parties shall not be appointed to or act as a member of a conciliation board.

101(7)

The members of a conciliation board shall be paid the remuneration that may be fixed by the Lieutenant-Governor in Council and those actual and reasonable expenses that are incurred by them in the discharge of their duties.

101(8)

When a conciliation board has been appointed, the minister shall immediately notify the parties of the names of the members of the board.

101(9)

Where the minister has given notice to the parties that a conciliation board has been appointed under this Act, it shall be presumed that the board described in the notice has been established in accordance with this Act, and no order may be made or process entered or proceeding taken in a court to question the granting or refusal of that board or to review, prohibit or restrain its establishment or its proceedings.

Not legal advice. Verify the cited article against the signed agreement.