STU
NL · Labour Relations Act (unions and bargaining) · Article 18 · clause 18 · RSNL1990 c L-1

PART I LABOUR RELATIONS BOARD — Powers of board

18

In relation to a proceeding before it, or to determine a matter referred to it by the minister or under an application made to it, the board may

18(a)

examine the evidence that is submitted to it respecting the membership of employees in a trade union seeking certification;

18(a.1)

order pre-hearing procedures, including pre-hearing conferences;

18(a.2)

compel, at any stage of a proceeding, a person to provide information or produce the documents or things that may be relevant to a matter before it, after providing the parties an opportunity to make representations;

18(a.3)

limit the scope of a hearing;

18(b)

examine documents forming or relating to the constitution or articles of association of

18(i)

a trade union or council of trade unions that is seeking certification, or (ii) a trade union forming part of a council of trade unions that is seeking certification; shorten or extend the time for instituting a proceeding or for doing an act, filing a document or presenting evidence in connection with the proceeding; a person is an employer or employee, (ii) a person performs management functions or is employed in a confidential capacity in matters relating to labour relations, (iii) a person is a member in good standing of a trade union, (iv) an organization or association is an employers' organization, a trade union or a council of trade unions,

18(c)

make those investigations, inquiries and examination of records that it considers necessary;

18(d)

require an employer to post and keep posted in appropriate places a notice that the board considers necessary to bring to the attention of an employee a matter relating to a proceeding;

18(e)

enter the premises of an employer where work is being or has been done by employees and inspect and view the work, material, machinery, appliances or articles there and interrogate persons respecting a matter that is before the board in a proceeding;

18(f)

enter upon an employers' premises for the purpose of conducting representation votes during working hours;

18(g)

authorize a person to do anything that the board may do under paragraphs (c), (e) and (f) and to report to the board on them;

18(h)

adjourn or postpone a proceeding;

18(j)

amend or permit the amendment of a document filed in connection with a proceeding by either party to a proceeding at any stage of the proceeding;

18(k)

decide a question that may arise in a proceeding, or under an application made to it, or referred to it by the minister, including a question as to whether

18(v)

a group of employees is a unit appropriate for collective bargaining, (vi) a collective agreement has been entered into, (vii) a person or organization is a party to or bound by a collective agreement, (viii) a collective agreement is in operation, (ix) a party to collective bargaining has failed to comply with paragraph 74(a) or paragraph 75(a), or

18(x)

an unlawful strike or lockout has occurred or been declared, authorized or threatened;

18(k.1)

make orders upon employers and trade unions in accordance with section 52 of the Occupational Health and Safety Act;

18(k.2)

confirm, revoke or vary a decision of the assistant deputy minister made under sections 27 to 30 of the Occupational Health and Safety Act or confirmed or varied under section 32 of the Occupational Health and Safety Act;

18(k.3)

make a determination of whether a reprisal has been taken contrary to section 21 of the Public Interest Disclosure and Whistleblower Protection Act ;

18(k.4)

consider and decide upon those matters referred to it which fall within the scope and intent of the Essential Ambulance Services Act ;

18(l)

consider and decide upon those matters referred to it which fall within the scope and intent of the Labour Standards Act ;

18(l.1)

consider and decide upon those matters referred to it which fall within the scope and intent of Part II of the Pay Equity and Pay Transparency Act ;

18(m)

make orders upon employers, employees and directors of corporations respecting a matter referred to it under the Labour Standards Act , including orders as to the payment of wages, tips, gratuities or surcharges instead of tips or gratuities, payable to employees and orders requiring compliance with an obligation imposed upon employers, employees or directors of corporations under the Labour Standards Act ;

18(n)

make orders upon employers, providers of services, a person or an organization respecting a matter referred to it under the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act ; and

18(o)

confirm, vary or revoke an order or decision of a health and safety officer under section 201.89 or subsections 201.90(1) or (2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act or the chief safety officer under subsections 201.43(1) or (2), 201.47(10), 201.51(11) or section 201.89 or subsections 201.90(1) or (2) or 201.96(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act.

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