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Legislation

Labour Relations Act

The Labour Relations Act is the statute that regulates labour relations and collective bargaining in the private sector in this Province.

The Labour Relations Act contains provisions outlining the labour relations rights and responsibilities of employers, trade unions and employees. The Act guarantees employees the right to seek collective bargaining with their employers and establishes a framework for employees to make this choice freely.

The Act confers on the Labour Relations Board the authority over many important aspects of labour relations, including the certification of unions to represent employees, the revocation of certification upon application by an interested party or parties in cases where certified unions no longer have the support of a majority of the bargaining unit members, unfair labour practices, successor rights determinations and imposition of first collective agreements.

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Public Service Collective Bargaining Act

The Public Service Collective Bargaining Act is the statute that regulates collective bargaining in the public sector in this Province. The Act contains provisions similar to those contained in the Labour Relations Act concerning certification and revocation of certification. Under the Public Service Collective Bargaining Act, the Labour Relations Board is also responsible for the issuing of orders declaring certain employees within a bargaining unit to be essential employees for the health, safety or security of the public.

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Fishing Industry Collective Bargaining Act

The Fishing Industry Collective Bargaining Act regulates collective bargaining between fishers or persons engaged in the processing of fish in the Province and associations of fishers. The Act provides for the certification of associations of fishers, revocation of certification, unfair labour practices complaints and transfer of business applications. The Labour Relations Board has authority over these provisions of the Act.

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Teachers' Collective Bargaining Act

The Teachers’ Collective Bargaining Act provides for collective bargaining respecting teachers’ salaries and work conditions.

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Interns and Residents Collective Bargaining Act

The Interns and Residents Collective Bargaining Act governs collective bargaining between the Government of the Province and the interns and residents in the Province.

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Occupational Health and Safety Act

The Occupational Health and Safety Act regulates the occupational health and safety of workers in the Province. The Labour Relations Board is empowered to decide on applications for appeal under sections 33 and 51 of the Act. Under section 33 of the Act, stop work or other remedial orders made by the assistant deputy minister or an officer may be appealed to the Board and the Board may confirm, revoke or vary the order.

Under section 51 of the Act, where a worker alleges that his or her employer has taken discriminatory action against the worker for a reason set out in section 49, the worker may apply to the Board for a determination as to whether the action was discriminatory. Remedies available to the Board upon making a finding that an action was discriminatory include reinstatement of the worker with compensation for lost wages and benefits and the reference to the dismissal or disciplinary action on the employer's records be deleted.

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