A Special Project is an undertaking of construction works designed to develop a natural resource or establish a primary industry that satisfies the legislative requirements of the Labour Relations Act (Act).
A Special Project Order (SPO) is issued pursuant to section 70 of the Act and is intended to provide labour relations stability. It establishes a labour relations regime that is uniquely tailored to the specific requirements of the project. The collective agreement, which is in effect for the duration of the project, prohibits strikes and lockouts. The legislation can be found at //assembly.nl.ca/Legislation/sr/statutes/l01.htm.
In order to qualify for a special project designation a construction project must meet the following criteria:
1) A construction of works that develops a natural resource or establishes a primary industry;
2) A construction period that exceeds two years; and
3) Includes all ancillary work, services and catering relating to the undertaking or project.
1) A construction or fabrication of works that occurs at the Bull Arm site; and
2) Includes all ancillary work, services and catering.
An SPO can be prescribed based on geographic site or scope of work.
Applications for an SPO based on scope of work and/or which overlap with another SPO must demonstrate that appropriate safeguards exist to ensure labour relations stability under the proposed arrangement.
The Act provides for alternate tenants at the Bull Arm site by permitting the issuance of multiple SPOs which overlap in time and/or geography. This allows multiple construction projects to operate side-by-side, and potentially share common services so as to fully utilize available infrastructure and construction sites.
In 1976, the Construction Labour Relations Association (CLRA) became the accredited bargaining agent for all unionized contractors operating in the industrial and commercial sector of the construction industry. In recognition of its history and knowledge of the construction industry within the province, SPO proponents are encouraged to engage the CLRA at an early stage in project planning to discuss opportunities for a meaningful role in the collective bargaining process. //www.clranl.com.
Note: The process for review of an SPO application involves detailed consultation with numerous government departments and agencies. Therefore, it is recommended that the application be submitted well in advance of the anticipated start date for the project in order to ensure sufficient time for full consideration.
An SPO application will be reviewed in consideration of a number of factors, including, but not limited to, the following:
The Lieutenant Governor in Council may and generally do prescribe the following in a SPO:
Vale Inco Long Harbour Processing Plant Special Project Order
Hebron Development Project Special Project Order
Lower Churchill Hydroelectric Generation Project Special Project Order
Lower Churchill Project Transmission Construction Special Project Order
Lower Churchill Reservoir Clearing Special Project Order
Maritime Link Transmission Construction Special Project Order
West White Rose Project Special Project Order
Ms. Yvonne Scott
Director of Labour Relations
Labour Relations Agency
3rd Floor Beothuk Building
20 Crosbie Place
P.O. Box 8700
St. John’s, NL A1B 4J6
Telephone: (709) 729-0707