Division III - Special Projects — Declaration of special projects

The Lieutenant-Governor in Council may, with respect to an order made under subsection (1), prescribe

declare an undertaking that is a special project within the meaning of paragraph 2(1)(u) to be a special project under this Act, and the project so declared is a special project for all the purposes of this Act; or the geographic site or scope of work to which the declaration relates; ( b) that a geographic site or scope of work be excluded from a special project order; a collective agreement proposed or entered into with respect to that special project shall not contain a provision that authorizes an employee to; and the exclusive authority to negotiate, enter into, and administer collective agreements; provisions that vest the council with the exclusive authority to negotiate, enter into and administer collective agreements; a person is an employer or an employee;

notwithstanding paragraph 2(1)(u), declare an undertaking for the construction or fabrication of works at the Bull Arm site, including all ancillary work, services and catering to be a special project and the project so declared is a special project for all the purposes of this Act. an employee with respect to that special project shall not, refuse to perform work for his or her employer because other work was or will be performed or was not performed by a person or class of persons who were not or are not members of a trade union or a particular trade union. provisions that provide for the election or appointment of its officers; provisions for the election of officers to the council; an organization or association is an employers' organization and if so, whether that employers' organization is in compliance with subsection (9);

the employers, employers' organizations, trade unions and councils of trade unions that may be involved in collective bargaining relating to employment on the special project; a formula for reaching decisions that assures that a deadlock cannot occur; and a formula for reaching council decisions that assures that a deadlock cannot occur; an organization or association is a trade union or a council of trade unions and if it is a council of trade unions, whether that council is in compliance with subsection (10); and

the bargaining unit for the purpose of the special project; a formula for the ratification by the employers represented by the employers' organization, of collective agreements reached between the organization and a trade union or council of trade unions prescribed as a party to collective bargaining on a special project and a time limit within which ratification shall take place. provisions for final, binding and expeditious resolution of jurisdictional disputes without a stoppage of work; a collective agreement has been entered into.

that a collective agreement is the collective agreement for the purpose of the special project; and provisions requiring bargaining unit employees to be members in good standing of the council; and

those conditions and qualifications with respect to any aspect of the special project that the Lieutenant-Governor in Council considers necessary or desirable. a formula for the ratification by a majority of the members of the trade unions that comprise the council, of collective agreements reached between the council and an employer or employers' organization prescribed as a party to collective bargaining on a special project and a time limit within which the ratification must occur.

Notwithstanding subsection 64(2), a collective agreement that is prescribed by the Lieutenant-Governor in Council under paragraph (2)(e) is valid.

A special project order is not invalid because it overlaps temporally and geographically with another special project order.

Where an undertaking is declared a special project, employees who work under the provisions of a collective agreement in relation to the work at the special project site may not be included as members in good standing of the trade union or employees in a unit for the purpose of a vote under section 38 and the board may not consider those employees in determining whether or not a trade union may be certified.

Subsection (5) applies in relation to all declarations made under subsection (1) and applies in relation to all applications before the board, whether made before or after the commencement of subsection (5).

Where the Lieutenant-Governor in Council has made an order with respect to a special project under paragraph (1)(b),

A provision of a collective agreement with respect to an undertaking to which paragraph (1)(b) applies that authorizes an employee to refuse to perform work for his or her employer because other work was or will be performed or was not performed by a person or class of persons who were not or are not members of a trade union or a particular trade union, is void.

An employers' organization that may be prescribed under paragraph (2)(c) shall have a constitution that includes all of the following:

A council of trade unions that may be prescribed under paragraph (2)(c) shall have a constitution adopted with the agreement of each of the trade unions that are members of that council and that constitution shall include all of the following:

Where an undertaking has been declared by order to be a special project under subsection (1), an employer, employers' organization, trade union or council of trade unions may apply to the board for a determination as to whether

The minister may apply to the board for determination under subsection (11) before and after an undertaking has been declared by order to be a special project.

The board may, with respect to an undertaking declared by order to be a special project under subsection (1), hear and decide upon complaints made to it with respect to or under sections 18.1, 30 and 130.

This section does not apply to a special project order declared before this section comes into force.