|2||Application of Act|
|3||Application of Labour Relations Code|
|5||Unfair labour practices|
|7||Strike or lockout|
|8||Dismissal provision in collective agreement|
|9||Determination of appropriate unit|
|10||First collective agreement|
|11||Change during certification or bargaining|
|12||Effect of certification|
|13||Refusal to purchase fish|
|14||Jurisdiction of Labour Relations Board|
1 In this Act:
"board" has the same meaning as in the Code;
"Code" means the Labour Relations Code;
"collective agreement" means a written agreement between an employer or an employers' organization authorized by the employer, and a trade union providing for minimum prices or prices of fish, share arrangements between vessel owners and crew members on fishing vessels, hours of work or other conditions of employment and includes any such agreement that was entered into before June 30, 1994 and that is still in force;
"employee" means a person engaged in commercial fishing and includes a person who agrees to accept as remuneration a share or portion of the proceeds of a fishing venture;
"employer" means a person who employs one or more employees and includes
"fish" means any species of animal living in water, including its eggs or roe;
"lockout" means a lockout as defined in the Code and includes a refusal by an employer to accept or purchase fish, done to compel his or her employees or to aid another employer to compel his or her employees to agree to conditions of employment;
"strike" means a strike as defined in the Code and includes a refusal to engage in fishing or to sell or deliver fish by employees in combination or in concert or in accordance with a common understanding.
2 This Act applies to persons engaged in the catching or harvesting of fish and to persons purchasing fish.
3 The Code and the regulations under it apply in respect of the matters to which this Act applies, but if there is a conflict or inconsistency between this Act and the Code, this Act applies.
4 Nothing in this Act prohibits or terminates any voluntary recognition of trade unions by employers.
(2) Despite subsection (1), this Act must not be interpreted to limit or otherwise affect the right of an employer to make a change in the operation of the employer's business reasonably necessary for the proper conduct of that business.
6 Section 35 of the Code does not apply with respect to the sale of a fishing vessel.
7 Despite section 57 of the Code, a strike or lockout arising from collective bargaining in respect of a species of fish is not unlawful only because it occurs during the term of a collective agreement in respect of a different species of fish.
8 Section 84 (1) and (3) of the Code does not apply
9 When the board, under section 22 (1) of the Code, is determining whether a unit is appropriate for collective bargaining, it may consider, in addition to other matters it considers relevant, the manner in which negotiations in the fishing industry have taken place in the past, including such matters as whether negotiations have taken place based on fish species and gear type.
10 Section 55 of the Code does not apply to collective bargaining between a trade union and an employer if the trade union and the employer have negotiated one or more collective agreements with each other before June 30, 1994.
(3) Despite section 45 (2) of the Code, an employer may alter the price or minimum price that it offers for fish if the term of a collective agreement that was in force between the parties has expired.
12 It is not inconsistent with section 27 (1) (a) or section 48 of the Code for an employer to pay bonuses or make other payments to employees above the minimum price in a collective agreement.
13 This Act must not be construed to prohibit a refusal to purchase fish for a cause not constituting a lockout.
14 The board has exclusive jurisdiction to decide a question arising under this Act, including jurisdiction to decide
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