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News Release - May 6, 2005 LABOUR RELATIONS BOARD POWERS MOVING IN LINE WITH OTHER PROVINCES
Amendments to The Trade Union Act will bring powers of inspection for the Labour Relations Board in line with five provinces and the Canada Labour Code.
The proposed changes will permit the Labour Relations Board to enter premises to inspect records and interview staff in both workplaces and union offices, but do not provide for any right of seizure of documents. Six other jurisdictions in Canada provide similar powers to their Labour Relations Boards – Alberta, British Columbia, Manitoba, Newfoundland and Labrador, Ontario and the federal government. "These changes bring us in line with several provinces, including Alberta," Labour Minister Deb Higgins said. "These amendments clarify and document powers the Labour Relations Board already has. These will allow the Board to do its job more efficiently and to provide decisions more quickly, benefiting both employers and unions in situations where the Board has been asked to rule on disagreements." The legislative changes provide the Labour Relations Board with the authority to deal with the following issues: certification and decertification votes; determining how many employees there are in a workplace; determining which employees might be management employees and therefore excluded from a bargaining unit; and questions of fair representation by unions. The changes are based on a distinction in law between regulatory inspections, such as those conducted by the Labour Relations Board, that do not require warrants and criminal or quasi-criminal investigations, where the need for a warrant arises. The powers for inspection are similar to those already in place for public health inspectors and gas and electrical inspectors. -30- For More Information, Contact:
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