BILL NO. 89
4th Session, 61st General Assembly
61 Elizabeth II, 2012
Private Member's Bill
Trade Union Act
The Honourable Jamie Baillie
First Reading: May 10, 2012
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:
(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that is a party to an agreement filed pursuant to subsection (2) of Section 30 and the certification of which has not been revoked, and including all members thereof;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.
(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.
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
(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.
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.
(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
(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.
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.
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