Interpretation
2
(1) In this Act
2(a)
"arbitration board" means an arbitration board appointed under this Act or a collective agreement and includes another body selected by the parties to a collective agreement to settle a difference between them; where he or she declares such an interest; or
2(a.1)
"arbitration committee" means the Labour Management Arbitration Committee;
2(b)
"bargaining agent" means a trade union or a council of trade unions that acts on behalf of employees where a majority of the other members of the board or panel declares that he or she has.
2(i)
in collective bargaining, or (ii) as a party to a collective agreement with their employer or an employers' organization; "conciliation officer" means a person appointed as such under this Act; is in the course of his or her employment engaged in the application of specialized knowledge ordinarily acquired by a course of instruction and study resulting in graduation from a university or a similar institution, and (ii) is, or is eligible to be, a member of a professional organization that is authorized by a statute to establish the qualifications for membership in the organization; a cessation of work, or refusal to work or to continue to work, by employees, in combination or in concert or in accordance with a common understanding, and (ii) a slow-down of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output;
2(c)
"board" means the Labour Relations Board continued under this Act;
2(d)
"certified bargaining agent" means a bargaining agent that has been certified under this Act by a valid and existing certificate;
2(e)
"chairperson" means chairperson of the board;
2(f)
"collective agreement" means a written agreement between an employer or an employers' organization acting on behalf of employers, and a bargaining agent of employees acting on behalf of a unit of employees containing provisions respecting terms and conditions of employment and related matters;
2(g)
"collective bargaining" means negotiating with a view to the conclusion of a collective agreement or the renewal or revision of the agreement;
2(h)
"conciliation board" means a conciliation board appointed by the minister under this Act;
2(j)
"council of trade unions" means 2 or more trade unions organized as a council in accordance with this Act;
2(k)
"dependent contractor" means an individual, whether or not he or she is employed by a contract of employment or provides his or her own tools, vehicles, equipment, machinery, material or other thing, who performs work or services for another person for compensation or reward on those terms and conditions that he or she is in a position of economic dependence upon and under an obligation to perform duties for that person more closely resembling the relationship of an employee than that of an independent contractor;
2(k.1)
"Director of Labour Standards" means the Director of Labour Standards appointed under the Labour Standards Act;
2(l)
"dispute" or "industrial dispute" means a dispute or difference or apprehended dispute or difference between an employer and 1 or more of his or her employees, or a bargaining agent acting on behalf of his or her employees, as to matters or things affecting or relating to terms or conditions of employment or work done or to be done by the employees or as to privileges, rights and duties of the employer or the employee;
2(m)
"employee" means a person employed to do skilled or unskilled manual, clerical or technical work and includes a professional employee and a dependent contractor but does not include a manager or superintendent or other person who, in the opinion of the board, exercises management functions or is employed in a confidential capacity in matters relating to labour relations;
2(n)
"employer" means a person who employs 1 or more employees, and includes a council of a town, community, region or local service district constituted or continued under the Municipalities Act, or a city, region or municipality established under an Act;
2(o)
"employers' organization" means an organization of employers the purposes of which include regulation of relations between employers and employees;
2(o.1)
"licensed operator" means a person who is the holder of an operating licence issued under Part III of Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act ;
2(p)
"lockout" includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of his or her employees, done to compel his or her employees or to help another employer to compel that employer's employees, to agree to terms or conditions of employment;
2(q)
"minister" means the minister appointed under the Executive Council Act to administer this Act;
2(r)
"panel" means a panel of the board established under section 9;
2(s)
"party" means a person bound by a collective agreement or involved in a dispute;
2(t)
"professional employee" means an employee who
2(u)
"special project" means an undertaking for the construction of works designed to develop a natural resource or establish a primary industry that is planned to require a construction period exceeding 2 years, and includes all ancillary work, services and catering relating to the undertaking or project;
2(v)
"strike" includes
2(w)
"trade union" or "union" means a local or provincial organization or association of employees, or a local or provincial branch of a national or international organization or association of employees within the province that has as 1 of its purposes the regulation in the province of relations between employers and employees through collective bargaining but does not include an organization or association of employees or a council of trade unions that is dominated or influenced by an employer; and
2(x)
"unit" means a group of 2 or more employees determined in accordance with this Act for the purposes of collective bargaining.
2(2)
A person does not stop being an employee within the meaning of this Act by reason only of his or her stopping work as the result of a lockout or strike or by reason only of dismissal contrary to this Act.
2(3)
Where in this Act the word "appropriate" is used with reference to a unit, that expression shall be taken to refer to a unit that is appropriate for collective bargaining whether it is an employer unit, craft unit, technical unit, plant unit or other unit, and whether or not the employees in the unit are employed by 1 or more employers.
2(4)
A person is for the purposes of section l4 considered to have an undue interest in a matter
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