Interim Report - Report No 60, 1962

Case No 211 (Canada) - Complaint date: 02-NOV-59 - Closed

1. 68. This case has already been examined by the Committee at its 24th (February 1960), 26th (November 1960) and 28th (May 1961) Sessions.

A. A. The complainants' allegations

1. 69. At its meeting in November 1960 the Committee submitted in paragraph 253 of its 49th Report its definitive conclusions and recommendations to the Governing Body with regard to a number of allegations relating to the Newfoundland Labour Relations (Amendment) Act of 6 March 1959, as further amended on 5 July 1960. These included a recommendation to the Governing Body to draw the attention of the Government of Canada to certain principles brought into question by the provisions of section 6 A (1) and (5) of the amended Act, as indicated in paragraph 253 (c) (iii) of the said report. Further, in paragraph 253 (c) (iv), (d) and (e) of its 49th Report, the Committee recommended the Governing Body to request the Government to furnish its observations on certain allegations relating to the restriction of strikes by virtue of section 43 A (1) (a) of the amended Act, to acts stated to have been committed by or at the instigation of the Premier of Newfoundland, and to the Trade Union (Emergency Provisions) Act, 1959. These recommendations were approved by the Governing Body at its 147th Session (November 1960).
2. 70. At its meeting in May 1961 the Committee had before it a communication dated 21 March 1961 from the Government of Canada, by which was forwarded a communication dated 28 February 1961 from the government of Newfoundland. The Committee observed that this reply, while revealing that amendments to the legislation were contemplated, did not refer to the points on which information had been requested in paragraph 253 (c) (iv), (d) and (e) of its 49th Report. In those circumstances the Committee recommended the Governing Body, in paragraph 145 of its 56th Report, to take note of the statement by the government of Newfoundland that it intended further to amend its legislation, to express the hope that in so doing it would take account of the observations made by the Governing Body when it adopted the 49th Report of the Committee, and to request the Government of Canada to keep the Governing Body informed of further developments in this connection and to furnish also its observations on the outstanding allegations referred to in paragraph 253 (c) (iv), (d) and (e) of the 49th Report (see paragraph 69 above).
3. 71. These recommendations, which were approved by the Governing Body at its 149th Session (June 1961), were brought to the notice of the Government by a letter dated 27 June 1961.
4. 72. In a communication dated 19 February 1962 the Government of Canada gives the following information based on information given to it by the Premier of Newfoundland. The Government begins by recalling that it was alleged ° that the effect of section 43 A (1) (a) of the Newfoundland Labour Relations Act, as amended, would be virtually to make all strikes unlawful. The Government, in order to refute this contention, forwards an extract from a memorandum of the Deputy Attorney-General of Newfoundland expressing the view that the said section 43 A (1) (a) outlaws sympathy strikes or boycotts but does not prevent workers striking if, having followed the procedure set out in the Newfoundland Labour Relations Act, they cannot come to an agreement with their employer.
5. 73. The Government of Canada cites also a statement made to it by the Premier of Newfoundland to the effect that it is the intention of his government to ask the legislature of Newfoundland " to repeal virtually all of the less acceptable new legislation enacted in the past two or three years ", this including, according to the Government of Canada, section 6 A (1) and (5) of the Newfoundland Labour Relations Act, as amended, which were specifically commented upon by the Committee in paragraph 253 (c) (iii) of its 49th Report cited in paragraph 69 above.

The Committee's recommendations

1. 74. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the statement of the Premier of Newfoundland, cited by the Government of Canada, that it is the intention of the government of Newfoundland to ask the legislature of Newfoundland " to repeal virtually all of the less acceptable new legislation enacted in the past two or three years ", including section 6 A (1) and (5) of the Newfoundland Labour Relations Act, as amended, which were specifically commented upon in paragraph 253 (c) (iii) of the 49th Report of the Committee cited in paragraph 69 above, and to express the hope that such action will be taken without delay;
   • (b) to note with regret that the Government of Canada has not furnished its observations, as previously requested by the Governing Body, on the allegations referred to in subparagraphs (d) and (e) of paragraph 253 of the Committee's 49th Report;
   • (c) to request the Government of Canada to be good enough to keep the Governing Body informed as to further developments in connection with the repeal of the Newfoundland legislation which was commented upon in paragraphs 229 to 238 and 253 (c) (iii) of the Committee's 49th Report.