BILL NO. 102
(as passed, with amendments)
3rd Session, 61st General Assembly
60 Elizabeth II, 2011
Trade Union Act
CHAPTER 71 OF THE ACTS OF 2011
The Honourable Marilyn More
Minister of Labour and Advanced Education
First Reading: November 17, 2011 (LINK TO BILL AS INTRODUCED)
Second Reading: November 25, 2011
Third Reading: December 9, 2011 (WITH COMMITTEE AMENDMENTS)
Royal Assent: December 15, 2011
Be it enacted by the Governor and Assembly as follows:
the conciliation officer, for the purpose of subsection (1) of Section 40A, may, after the expiry of ninety days and before the expiry of one hundred and twenty days from the day of the appointment, notify the Board and the parties in writing that the parties, after making reasonable efforts, have not been able to conclude a first collective agreement.
(4) Where the Board has been notified pursuant to subsection (3), the notice constitutes a report to the Minister within the meaning of and for the purpose of subclause 35(b)(iii) and clause 47(1)(c).
(a) an employer or bargaining agent for a unit is required, by notice given under Section 33 after the coming into force of this Section, to commence collective bargaining with a view to the conclusion of a first collective agreement between the employer and the bargaining agent in respect of the unit;
the bargaining agent or the employer may apply in writing to the Board to settle the provisions of a first collective agreement between the parties and, where a party so applies, the Board shall as soon as practicable serve notice on the parties of receipt of the application.
(5) Where an application is made under subsection (1) and the parties do not agree to proceed by arbitration under subsection (2), the Board shall inquire into the negotiations between the parties and, where the parties do not conclude a first collective agreement within sixty days after the date of the application, the Board shall, within a further three days,
(b) notify the parties in writing that, in the opinion of the Board, the parties might possibly, either through their own endeavours or with the assistance of the conciliation officer, conclude a first collective agreement within thirty days after the date of the notice under this clause and that therefore the Board declines to settle the provisions of a first collective agreement between the parties.
(7) Where the Board sends a notice to the parties under clause (b) of subsection (5) and the parties fail to conclude a first collective agreement within the period referred to therein, the Board shall, within a further thirty days, settle the provisions of a first collective agreement between the parties.
(8) Where an application under subsection (1) is made during a strike by, or a lockout of, employees in the unit, the employees shall forthwith terminate the strike or the employer shall forthwith terminate the lockout, as the case may be, and the employer shall reinstate the employees in the unit in the employment they had at the time the strike or lockout commenced
(b) where no agreement respecting reinstatement of the employees in the unit is reached between the employer and the bargaining agent, on the basis of the service standing of each employee in relation to the service of the other employees in the unit employed at the time the strike or lockout commenced, except as may be directed by an order of the Board made for the sole purpose of allowing the employer at a totally shut-down workplace to resume normal operations in stages.
(9) In settling the provisions of a first collective agreement under this Section, the Board or arbitrator shall accept, without amendment, any provisions agreed upon in writing by the parties and shall give the parties an opportunity to present evidence and make representations, and the Board or arbitrator may take into account
(a) the terms and conditions of employment, if any, negotiated through collective bargaining for employees performing the same or similar functions in the same or similar circumstances as the employees in the unit; and
(b) such other matters as the Board or arbitrator considers will assist in arriving at provisions of a first collective agreement between the parties that are fair and reasonable in the circumstances.
(10) Where the Board or an arbitrator settles the provisions of a first collective agreement under this Section, the collective agreement is effective for a period one year from the date on which the Board or arbitrator settles the provisions thereof, and the collective agreement is binding on the parties and on the employees in the unit as though it were a collective agreement voluntarily entered into between the parties, except to the extent that any of its provisions may be amended by the parties by subsequent agreement in writing.
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