BILL NO. 19
(as introduced)
1st Session, 62nd General Assembly
Nova Scotia
62 Elizabeth II, 2013
Trade Union Act
(amended)
The Honourable Kelly Regan
Minister of Labour and Advanced Education
First Reading: December 6, 2013
Second Reading: December 9, 2013
Third Reading: December 12, 2013 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
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.
(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
(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.
An Act to Amend Chapter 475
of the Revised Statutes, 1989,
the Trade Union Act
1 Subsection 38(3) of Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, as enacted by Chapter 71 of the Acts of 2011, is amended by striking out ", after the expiry of ninety days and before the expiry of one hundred and twenty days from the day of the appointment," in the ninth and tenth lines.
2 (1) Subsection 40A(1) of Chapter 475, as enacted by Chapter 71 of the Acts of 2011, is amended by(a) striking out ", or one hundred and twenty days have expired since the appointment" in the third and fourth lines of clause (b);
(b) striking out clause (c); and
(c) striking out "settle the provisions of a first collective agreement between the parties" in the third last and second last lines and substituting "direct the settlement of the provisions of a first collective agreement between the parties by arbitration".
(2) Subsections 40A(5) to (7) of Chapter 475 are repealed and the following subsections substituted:
(a) an application is made by an employer or bargaining agent under subsection (1);
(b) the parties do not agree to proceed by arbitration under subsection (2); and
(c) it appears to the Board that the process of collective bargaining has been unsuccessful because of
(ii) the uncompromising nature of any bargaining position adopted by the other party without reasonable justification,
(iii) the failure of the other party to make reasonable or expeditious efforts to conclude a collective agreement, or
the Board, within thirty days of receiving the application, shall either
(d) direct the settlement of the provisions of a first collective agreement by arbitration; or
(e) direct that the parties resume their efforts to conclude a first collective agreement, with the assistance of a conciliation officer, for a period of thirty days.
(6) Where the Board directs the parties to resume collective bargaining with the assistance of a conciliation officer under clause (e) of subsection (5) and the parties fail to conclude a first collective agreement within the period referred to therein, the conciliation officer shall notify the Board and the Board shall, within a further thirty days, direct the settlement of the provisions of a first collective agreement by arbitration.
(7) Where a direction is given under clause (d) of subsection (5) or subsection (6), the provisions of the first collective agreement between the employer and the bargaining agent must be settled by arbitration conducted in accordance with Section 40B unless, within seven days of the giving of the direction, one of the parties requests in writing that the Board settle the provisions of the first collective agreement.
(7A) Where a request is made under subsection (7), the Board shall
(a) appoint a date for and commence a hearing within twenty-one days of receiving the request; and
(b) determine all matters in dispute and release its decision within forty-five days of the commencement of the hearing.
(7B) The employees in the bargaining unit shall not strike and the employer shall not lock out the employees if
(a) a notice has been served on the Board under subsection (2) or a direction has been given under subsection (5); and
(b) the provisions of a first collective agreement have not yet been settled.
(3) Subsection 40A(8) of Chapter 475, as enacted by Chapter 71 of the Acts of 2011, is amended by striking out "an application under subsection (1) is made" in the first and second lines and substituting "notice is served on the Board under subsection (2) or a direction is given under subsection (5)".
(4) Section 40A of Chapter 475, as enacted by Chapter 71 of the Acts of 2011, is further amended by adding immediately after subsection (12) the following subsection:
(13) The Board shall proceed to deal with an application for revocation of certification made under Section 29 before dealing with or continuing to deal with an application made under subsection (1) and, where the Board revokes the certification of a bargaining agent that is a party to collective bargaining that is the subject of an application made under subsection (1), the Board shall dismiss the application.
3 Chapter 475 is further amended by adding immediately after Section 40A the following Section:
(a) that person is appointed as the arbitrator; and
(b) the parties shall notify the Board of the appointment.
(2) Where the parties are unable to agree on a person to be the arbitrator pursuant to subsection (1), either party may apply to the Board for the appointment of a person to be the arbitrator and the Board shall, within seven days, appoint a person.
(3) The employer and the bargaining agent shall each pay one half of the fees of, and expenses incurred by, the arbitrator.
(4) Within sixty days after an arbitrator is appointed under clause (1)(a) or subsection (2), the arbitrator shall settle the provisions of the first collective agreement.
(5) The provisions of this Act respecting arbitration apply mutatis mutandis to an arbitrator acting under this Section.
4 Section 93 of Chapter 475, as amended by Chapter 35 of the Acts of 1994, Chapter 61 of the Acts of 2005 and Chapter 71 of the Acts of 2011, is further amended by adding ", 40B" immediately after "40A" in the second line.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2013 Crown in right of Nova Scotia. Created December 13, 2013. Send comments to legc.office@novascotia.ca.
