January 7, 2011 - Government of Newfoundland and Labrador

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Protecting the Labour Rights of Newfoundlanders and Labradorians in a Globalized World Recommendations 1. At the writing of these recommendations, talks between the two parties had broken off (January 6, 2011). In consideration of the extraordinary circumstances and length of this dispute and the unlikelihood of a negotiated settlement, the NL Federation of Labour recommends the mandate of this Industrial Inquiry be expanded to include the ability of the inquiry to arbitrate the dispute. In other words, convert the recommended terms of settlement outlined in Phase 1 of the Inquiry’s Report into an arbitrated settlement. 2. Newfoundland and Labrador needs a law that bans the use of replacement workers during legal strikes. The fact that Vale was able to operate throughout this strike including production value of over $700 million from its Voisey’s Bay operation in 2010 is a shaming indictment of just how ineffective our labour laws are in correcting or affording a level playing field for working people at the bargaining table. 3. Newfoundland and Labrador workers deserve to be able to exercise their right to a union, to freedom of association. Currently that right is curtailed by certification rules that make it more difficult to get a union than to vote for mayor or prime minister. These rules often result in labour-management relations getting off to a bad start. We recommend that the signing of a union card be counted as a vote and that members be certified into the union of their choice based on a clear 50% +1 majority through card evidence – such as is the case in Prince Edward Island and Quebec and in the federal sector. A compromise between what is currently in place in NL and these other jurisdictions is the New Brunswick model whereby a 40% card threshold results in a vote, between 50% +1 and 59%, it is up to the discretion of the Labour Board, 60% cards results in certification without a vote. Newfoundland and Labrador Federation of Labour Page 49
Protecting the Labour Rights of Newfoundlanders and Labradorians in a Globalized World 4. And lastly, Newfoundland and Labrador workers, as exposed by the Vale strike, need the ability to get a collective agreement without having to walk a picket line for 17 months. The NL Federation of Labour recommends this Industrial Inquiry recommend a new provision for our Labour Relations Act, similar to the one in Manitoba that allows for long disputes to be settled through binding arbitration. We recommend that after considerable time (example: six months as a possible threshold), the parties be brought to the table with the assistance of a mediator. If this fails, one of the parties should be able to request sending the matter to binding arbitration. Newfoundland and Labrador Federation of Labour Page 50
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January 7, 2011 - Government of Newfoundland and Labrador

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