BILL NO. 310
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2023
Private Member's Bill
Trade Union Act
(amended)
Kendra Coombes
Cape Breton Centre–Whitney Pier
First Reading: April 6, 2023
Second Reading:
Third Reading:
Explanatory Note
This Bill allows for a trade union to be certified as a bargaining agent without a vote where more than half the members of a bargaining unit are members in good standing of the trade union. The Bill also lowers the membership threshold for requiring a vote from 40% to 35% to match the threshold used in the Construction Industry Labour Relations Part of the Trade Union Act.
An Act to Amend Chapter 475
of the Revised Statutes, 1989,
the Trade Union Act
Be it enacted by the Governor and Assembly as follows:
1 (1) Subsection 25(1) of Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, is repealed and the following subsection substituted:
- (1) Where a trade union makes application for certification in accordance with Section 23, the Board
(a) where the Board is satisfied that the applicant trade union has as members in good standing less than thirty-five per cent of the employees in the appropriate unit, the Board shall dismiss the application;
(b) where the Board is satisfied that the applicant trade union has as members in good standing more than fifty per cent of the employees in the appropriate unit, the Board shall certify the trade union as the bargaining agent of the employees in the unit;
(c) where the Board is satisfied that the applicant trade union has as members in good standing not less than thirty-five per cent and not more than fifty per cent of the employees in the appropriate unit, the Board shall take a vote of the employees in the unit applied for to determine their wishes with respect to the certification of the applicant trade union as their bargaining agent.
(2) Subsection 25(2) of Chapter 475 is amended by adding "clause (c) of" immediately after "under" in the first line.
(3) Subsection 25(3) of Chapter 475 is amended by adding "clause (c) of" immediately after "under" in the second line.
(4) Subsections 25(7) and (8) of Chapter 475 are repealed and the following subsections substituted:
- (7) Where in a vote taken pursuant to clause (c) of subsection (1) the majority of the votes cast are against the applicant trade union, the Board shall, subject to subsection (9), dismiss the application.
(8) Where in a vote taken pursuant to clause (c) of subsection (1) the majority of the votes cast are in favour of the applicant trade union, the Board shall, subject to subsection (10), certify the applicant trade union as the bargaining agent of the employees in the unit.
2 Chapter 475 is further amended by adding immediately after Section 25A the following Section:
- 25B Where the Board issues an order dismissing an application pursuant to clause (a) of subsection (1) or subsection (7) of Section 25 and the applicant trade union requests a hearing, the Board shall hold a hearing and may revoke the order.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2023 Crown in right of Nova Scotia. Created April 6, 2023. Send comments to legc.office@novascotia.ca.
