BILL NO. 89
(as introduced)
4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012
Trade Union Act
(amended)
The Honourable Jamie Baillie
Cumberland South
First Reading: May 10, 2012
Second Reading:
Third Reading:
Explanatory Note
This Bill adds a Part III to the Trade Union Act to govern the dispute-resolution process in collective bargaining by health care and community services employees and employers. This Bill comes into force upon Royal Assent and then applies to collective bargaining between a health care or community services bargaining unit and an employer whether the collective bargaining began before or begins after the coming into force of this Bill.
An Act to Protect Patients and
Provide for the Fair Resolution
of Contract Negotiations in
Health Care and Community Services
Be it enacted by the Governor and Assembly as follows:
1 Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, is amended by adding immediately after Section 107 the following Part:
(a) "health care or community services bargaining unit" means
(ii) a unit of employees of an ambulance service, communications centre service or emergency health service within the meaning of the Emergency Health Services Act,
(iii) a unit of employees of a home for special care or any other residential home under the mandate of the Services for Persons with Disabilities Program in the Department of Community Services,
(iv) a unit of employees of a nursing home, long-term care facility, continuing care facility, guest home, home for the aged or other institution operated for the observation, care or treatment of convalescent or chronically ill persons,
(v) a unit of employees of a community-based health service provided to people in their communities, including health education, health promotion, disease prevention, public health services, mental health services, addiction services, emergency health services, palliative care services, home care services, home support services, long-term care services, continuing care services, rehabilitation services and treatment for illness and injury in relation to primary care, and
(vi) a unit of employees of a health service provided to people through hospitals and other health care institutions, including health education, health promotion, disease prevention, public-health services, mental health services, addiction services, emergency health services, palliative care services, home care services, home support services, long-term care services, continuing care services, rehabilitation services, and treatment for illness and injury in relation to primary care,
that has been certified under this Act or that is a party to an agreement filed pursuant to subsection (2) of Section 30 and the certification of which has not been revoked, and including all members thereof;
(b) "health care or community services employee" means a full-time or part-time employee who performs duties and functions that entitle that person to pay on a regular basis and who is a member of a health care or community service bargaining unit but, for greater certainty, does not include a consultant or independent contractor.
110 (1) This Part applies to all health care or community services bargaining units, all health care or community services employees, their employers and the unions representing the employees.
(2) Except where inconsistent with this Part, Part I applies to all health care or community services bargaining units, all health care or community services employees, their employers and the unions representing the employees.
111 (1) Health care or community services employees and their employers shall conduct interest arbitration as provided for in the regulations unless the parties mutually agree in writing to an alternative binding interest-arbitration process or unless a settlement is achieved through mediation pursuant to Section 115.
(2) An award reached pursuant to an alternative binding interest-arbitration process agreed to pursuant to subsection (1) is
(a) for the purpose of this Part an award of an arbitrator pursuant to this Part; and
(b) subject to the requirements prescribed by subsection 117(2).
112 Notwithstanding Section 35, the employer shall not, without consent by the certified or recognized bargaining agent or by the Board, increase or decrease rates of wages or alter any other term or condition of employment of employees in relation to whom notice to bargain has been given until
(a) a new collective agreement has been concluded; or
(b) the bargaining agent and the employer or representatives authorized by them in that behalf have bargained collectively and have failed to conclude a collective agreement and an arbitrator has made an award.
(a) a conciliation officer fails to bring about an agreement between the parties engaged in collective bargaining; and
(b) the conciliation officer makes a report to the Minister,
the employer or the union shall notify the other party in writing of its desire to submit the collective agreement to an arbitrator for interest arbitration.
114 (1) Where a collective agreement is submitted to an arbitrator for interest arbitration pursuant to Section 113, the arbitrator shall be appointed in the manner prescribed by the regulations.
(2) The fees and expenses of the arbitrator shall be paid in the manner prescribed by the regulations.
115 Before beginning the arbitration process, an arbitrator appointed pursuant to subsection 114(1) may seek to mediate a settlement between the parties and, upon the joint request of the parties or the request of the union, may conduct binding mediation.
(2) A settlement reached pursuant to subsection (1) is deemed to be for the purpose of this Part an award of the arbitrator.
(3) Where matters in dispute are not settled by mediation pursuant to subsection (1), the arbitrator shall decide the matters.
116 An interest arbitration conducted by an arbitrator appointed pursuant to subsection 114(1) shall be conducted in the manner prescribed by the regulations.
117 (1) As soon as possible after conducting a hearing into the matters referred to it, the arbitrator shall make an award and in its award deal with each item in dispute.
(2) For the purpose of ensuring that wages and benefits are fair and reasonable to the employees and employer and in the best interest of the public, the arbitrator
(a) shall consider, for the period with respect to which the award will apply,
(ii) the continuity and stability of private and public employment, including
(B) incidence of employment at less than normal working hours, and
(iii) general economic conditions in the Province,
(iv) the extent to which services may have to be reduced in light of the award, if current funding is not increased, and
(b) may consider, for the period with respect to which the award will apply,
(ii) the need to maintain appropriate relationships in terms and conditions of employment between different classification levels withing an occupations and between occupations in the employer’s employment,
(iii) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered, and
(iv) any other factor that the arbitrator considers relevant.
(3) The award of the arbitrator is deemed to include items settled by the parties but, for greater certainty, the arbitrator shall not deal with items settled by the parties.
(4) An award of an arbitrator is final and binding upon
(a) the union and every employee in the unit on whose behalf it was bargaining collectively; and
and the employer and the union shall give effect to it.
(5) Every award of an arbitrator must be signed by the arbitrator.
(6) An arbitrator retains jurisdiction over an arbitration after the decision if it has issued an award in order to clarify any ambiguities, uncertainties or omissions in that decision raised by any party to the proceedings.
118 Where an arbitrator renders an award, the arbitrator shall forward a copy of the decision to the parties and file a copy with the Department of Labour and Advanced Education.
119 (1) The right to strike of and the right to lock out health care or community services employees is hereby replaced with the processes set out in this Part.
(2) Notwithstanding anything in this Act,
(a) no health care or community services employee or member of a health care or community services bargaining unit has the right to strike; and
(b) no employer shall lock out a health care or community services employee or member of a health care or community services bargaining unit.
120 (1) The Governor in Council may make regulations
(a) prescribing the manner in which an arbitrator is to be appointed to conduct interest arbitration under this Part;
(b) prescribing the manner in which the fees and expenses of an arbitrator are to be paid;
(c) prescribing the manner in which an interest arbitration under this Part is to be conducted;
(d) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Part.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
2 Part III of Chapter 475, as enacted by this Act, applies to collective bargaining between a health care or community services bargaining unit as defined by that Part and an employer on and after the coming into force of this Act, whether the collective bargaining commenced before, on or after that day.
3 This Act has effect on an after January 1, 2013.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created May 10, 2012. Send comments to legc.office@novascotia.ca.
