NLR 42/01 - Royal Newfoundland Constabulary Arbitration Regulations under the Royal Newfoundland Constabulary Act, 1992

NEWFOUNDLAND AND LABRADOR REGULATION 42/01 Royal Newfoundland Constabulary Arbitration Regulations under the Royal Newfoundland Constabulary Act, 1992 (O.C. 2001-301) (Filed June 18, 2001 ) Under the authority of section 49 of the Royal Newfoundland Constabulary Act, 1992, the Lieutenant-Governor in Council makes the following regulations. Dated at St. Johns , June 8, 2001 . Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Form of arbitration 3. Powers of board or arbitrator 4. Delivery of award 5. Final positions on wages 6. Duration of agreement 7. Factors arbitrator shall consider Short title 1. These regulations may be cited as the Royal Newfoundland Constabulary Arbitration Regulations . Back to Top Form of arbitration 2. (1) Where the government negotiator or the bargaining committee notifies the other party that matters in dispute between them are to be referred to arbitration, the arbitration shall take the form of final offer selection for wages, where wages are in dispute, and conventional arbitration for all other matters. (2) The party giving notice under subsection (1) shall, at the same time, provide the name of a person to be its appointee on the arbitration board. (3) The party to whom notice is given under subsection (1) shall, within 10 days of receipt of the notice, name a person to be its appointee on the arbitration board. (4) The persons appointed under subsections (2) and (3) shall, within 10 days of the appointment of the second of them, name a third person to serve on the arbitration board and that person shall be the chairperson. (5) Where the party to whom notice is given under subsection (3) fails to name his or her appointee, or where the 2 persons appointed under subsections (2) and (3) fail to name a third person within the time limits for doing so, the minister responsible for labour relations shall make the appointment. (6) A decision of a majority of the members of an arbitration board is the decision of the board and, where there is no majority decision, the decision of the chairperson is the decision of the board. (7) Notwithstanding the other provisions of this section respecting the appointment of a board of arbitrators, the government negotiator and the bargaining committee may agree that the arbitration shall be conducted by a person on whom they agree and, where they so agree, the person appointed as the arbitrator shall conduct the arbitration. Back to Top Powers of board or arbitrator 3. A board of arbitrators or an arbitrator appointed under section 2 has, in relation to the hearing or determination of a matter, all the powers that are or may be conferred upon a commissioner under the Public Inquiries Act . Back to Top Delivery of award 4. (1) A board of arbitrators or an arbitrator shall begin the arbitration proceeding within 30 days of being constituted or appointed and shall deliver the decision or award on the matters in dispute between the parties within 60 days of beginning the arbitration. (2) Where the parties to an arbitration agree, or where the Labour Relations Board orders on an application made to it, the period for the delivery of the decision or award may be extended to the extent that the parties agree or the board orders. Back to Top Final positions on wages 5. (1) Within 30 days of the beginning of arbitration proceedings under section 4 the parties shall submit their final positions with respect to wages, where wages are in dispute, to the board of arbitrators or the arbitrator. (2) The board of arbitrators or the arbitrator shall select, without modification, one of the final positions submitted. Back to Top Duration of agreement 6. The arbitrator shall, in his or her decision under sections 4 and 5, provide for the period for which the decision is to remain in effect, but the period shall not be less than one year. Back to Top Factors arbitrator shall consider 7. In making its or his or her decision, the board of arbitrators or the arbitrator shall take into account (a) the safety and interests of the public; (b) the terms and conditions of employment of employees in occupations similar to those being considered, including the geographic, economic, social and other variations that the arbitrator considers relevant; (c) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the service provided; (d) the ability of the employer to pay in light of its fiscal situation; (e) the needs of the employer for qualified employees; and (f) other matters that appear to the arbitrator to have a relevant bearing on the matters in dispute. ©Earl G. Tucker, Queen's Printer