Frequently Asked Questions

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Labour Standards Frequently Asked Questions

This document has been prepared to answer some of the commonly asked questions on the practical application of the Labour Standards Act, R.S.N.L 1990 c L-2, as amended. The information contained in the frequently asked questions is ready reference for general information only. You are encouraged to contact the Labour Standards Division, for clarification on any of the topics presented.

Note: It is important to note that the legislation allows an employer to provide terms and conditions of employment that are more beneficial than those set out in the Act. Should an employer’s practices or terms in a collective agreement provide greater employment benefits, then those terms and conditions will govern the employment relationship.

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Labour Relations FAQ

HOW DO I MAKE A REQUEST FOR ASSISTANCE UNDER THE PREVENTIVE MEDIATION PROGRAM (PMP)?

Requests can be made individually by either party; the union or the employer; or the parties can decide to submit a joint request. Request forms are available from the Labour Relations Division or on-line. Preventive Mediation is a voluntary program. Both parties must agree to participate prior to proceeding with the program.

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IS THERE A COST ASSOCIATED WITH THE PREVENTIVE MEDIATION PROGRAM?

There is no direct cost attached to most of the components of the program at this time.

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HOW IS THE INTEREST BASED NEGOTIATIONS (IBN) PROCESS DIFFERENT THAN THE TRADITIONAL COLLECTIVE BARGAINING PROCESS?

IBN represents a shift from the traditional collective bargaining process which is usually adversarial in nature. In IBN the parties discuss interests rather than state positions on issues. The discussion leads to a rational problem solving approach, which benefits both parties.

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IF A REQUEST IS MADE FOR THE APPOINTMENT OF AN ARBITRATOR, HOW IS THE ARBITRATOR CHOSEN?

Arbitrators are chosen on a rotating basis from the current roster established by the Labour Management Cooperation Committee.

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