STU
NL · Labour Relations Act (unions and bargaining) · Article 41.1 · clause 41.1 · RSNL1990 c L-1

Division I - Bargaining Agents and Units — Board to determine appropriateness of council

41.1

(1) Notwithstanding section 41, where a council of trade unions applies for certification with respect to employees, other than construction and start up employees, employed on an offshore petroleum production platform, the council shall, as a condition for obtaining certification, satisfy the board that the council has a constitution that was adopted with the concurrence of each of the trade unions forming the council and that the constitution includes

41.1(a)

provisions vesting the council with the exclusive authority to apply for certification; the council has a constitution that satisfies the requirements of subsection (1); and

41.1(b)

provisions for the election of officers of the council; the certification would not impede

41.1(c)

provisions vesting the council with the exclusive authority to negotiate, enter into and administer a collective agreement;

41.1(d)

a formula for reaching council decisions that assures that a deadlock cannot occur;

41.1(e)

a formula for ratification by bargaining unit employees of a collective agreement reached by the council and an employers' organization and a time limit within which ratification shall take place; and

41.1(f)

a provision stating that the council and not the trade unions comprising the council shall be responsible for conducting a ratification vote, by bargaining unit employees, of a collective agreement reached between the council and an employers' organization.

41.1(2)

The board may certify a council of trade unions as the bargaining agent in respect of employees employed on an offshore petroleum production platform where the board is satisfied that

41.1(i)

workplace productivity and stability, or (ii) the flexibility of the employer to assign work to any greater extent than if a single union were certified.

41.1(3)

Notwithstanding subsection 36(5), where 2 or more trade unions apply under that provision for certification with respect to employees, other than construction and start up employees, employed on an offshore petroleum production platform, the application shall be considered to be the application of a council of trade unions and the provisions of this section shall apply to that application.

41.1(4)

Notwithstanding subsection 49(2), membership in good standing in the council for the purpose of an application for certification and a vote on certification under sections 38 and 47 shall be membership in good standing in the council and not only the trade unions comprising the council.

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