Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 19

Trade Union Act (amended) *

An Act to Amend Chapter 475 of the Revised Statutes, 1989, the Trade Union Act

Déposé par :
L'honorable Kelly Regan
Minister of Labour and Advanced Education

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 10 décembre 2013; 11 décembre 2013
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 12 décembre 2013
2013 Statutes, Chapter 43

Note explicative (en anglais seulement)

Clause 1 removes the restrictions on how soon a conciliation officer may notify the Labour Board that the parties engaged in collective bargaining, after making reasonable efforts, have not been able to conclude a first collective agreement.
Clause 2 (a) allows an employer or bargaining agent to apply to the Board only if the conciliation officer notifies the Board that the parties, after making reasonable efforts, have been unable to conclude a first collective agreement;

(b) authorizes the Board to, where it appears to the Board that the process of collective bargaining has been unsuccessful because of certain reasons, direct the settlement of the provisions of a first collective agreement by arbitration or direct that the parties return to collective bargaining, with the assistance of a conciliation officer, for a further period of 30 days;

(c) requires that the Board direct the settlement of the provisions of the first collective agreement by arbitration if the further 30-day period of conciliation fails to result in an agreement;

(d) provides that the arbitration be conducted in accordance with Section 40B, enacted by Clause 3, unless the parties request that the Board settle the provisions of the first collective agreement;

(e) prohibits strikes and lockouts from occurring during the period between when

  (i) the parties notify the Board of their agreement to conclude a first collective agreement by arbitration, or

  (ii) the Board makes a direction to settle the provisions of the first collective agreement by arbitration or to return the matter to conciliation,

and when the first collective agreement is concluded, and requires that a strike or lockout occurring at the time of such a notification or direction cease immediately; and

(f) requires the Board to deal with any application to revoke the certification of the bargaining agent before dealing, or continuing to deal, with an application to settle the provisions of a first collective agreement.
Clause 3 governs, in the event that the Board orders the settling of the provisions of a first collective agreement by arbitration, the selection of the arbitrator, the payment of the arbitrator’s fees, the time frame for settling a contract and the application of other provisions of the Trade Union Act to the arbitrator.

Clause 4 updates a cross-reference to provisions of Part I of the Trade Union Act that do not apply to the construction industry.