CHAPTER 71
OF THE
THE REVISED STATUTES, 1989
1 This Act may be cited as the Civil Service Collective Bargaining Act. R.S., c. 71, s. 1.
(a) "adjudication" means a procedure to determine a rights dispute;
(b) "arbitration" means a procedure to determine an interest dispute;
(c) "bargaining unit" means those bargaining units listed in Schedule A to this Act and includes any bargaining units established pursuant to Section 12;
(d) "Board" means the Civil Service Employee Relations Board established by this Act;
(e) "collective agreement" means an agreement in writing between the employer and the Union entered into pursuant to this Act;
(ea) "department" means any department, office, agency, board, commission, corporation or other entity where persons are employed pursuant to the Civil Service Act;
(f) "employee" means a person appointed pursuant to the Civil Service Act and who is not excluded from collective bargaining as provided by Section 11;
(g) "employer" means Her Majesty in right of the Province through the agency of the Civil Service Commission;
(h) "interest dispute" means a dispute to which Sections 13 to 32 apply and is a dispute arising between the employer and the employee as to the content of a collective agreement;
(i) "lockout" includes the closing of a place of employment, a suspension of work or a refusal by the Civil Service Commission on behalf of the Government of Nova Scotia to continue to employ a number of its employees done to compel the employees, or to aid another employer to compel its employees, to agree to terms or conditions of employment;
(j) "rights dispute" means a dispute to which Sections 33 to 37 apply and is a dispute arising during the life of a collective agreement respecting the application, interpretation or alleged violation of the agreement;
(k) "strike" includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding for the purpose of compelling the Civil Service Commission to agree to terms or conditions of employment or to aid other employees in compelling their employer to agree to terms or conditions of employment;
(ka) "student" means a person enrolled in and returning to a course of studies at an educational institution;
(l) "Union" means the Nova Scotia Government Employees Union. R.S., c. 71, s. 2; 2007, c. 33, s. 1.
3 (1) The Governor in Council shall, following consultation with the Union, establish and appoint the members of a Board, which shall be known as the Civil Service Employee Relations Board and shall consist of three members.
(2) The Governor in Council shall appoint other persons as alternate members for each member of the Board and the Chairman of the Board may request an alternate member to attend a meeting of the Board when a member appointed pursuant to subsection (1) is unable to attend.
(3) The Governor in Council shall designate one of the members to be the Chairman of the Board.
(4) The Governor in Council may appoint another person as Vice-chairman to act in the place of the Chairman, or when the Chairman is unable to act, and the Chairman shall not sit as a member while the Vice-chairman is presiding and the Vice-chairman shall be deemed to be a member while so acting in the place of the Chairman.
(5) A majority of the members of the Board constitutes a quorum.
(6) A decision of the majority of the members of the Board present and constituting a quorum is the decision of the Board.
(7) The Board and each member thereof has the powers, privileges and immunities of a commissioner under the Public Inquiries Act, including, but not so as to limit those powers, the power to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things which the Board deems requisite to the full investigation of any matter within its jurisdiction.
(8) The Board may receive and accept any evidence and information on oath, affidavit or otherwise as in its discretion it may deem fit and proper, whether admissible as evidence in a court of law or not.
(9) The Board shall determine its own procedure, but shall, in every case, give an opportunity to all interested parties to present evidence and make representation.
(10) Each member of the Board shall, before acting as such, take and subscribe before a judge of the Supreme Court or county court and shall file with the Minister, an oath or affirmation of office in the following form:
4 The members of the Board shall be paid remuneration as may be fixed by the Governor in Council, and actual and reasonable expenses as may be incurred by them in the discharge of their duties. R.S., c. 71, s. 4.
(a) may make rules governing its procedure under this Act; and
(b) with approval of the Governor in Council, may make regulations necessary to enable it to discharge the duties imposed upon it by this Act. R.S., c. 71, s. 5.
6 (1) No member of the Board shall be appointed for a term of office of more than five years.
(2) Upon the expiration of any term of office of a member he may be re-appointed for a term of not more than five years. R.S., c. 71, s. 6.
7 (1) The Board may, for the purposes of this Act, make or issue such orders, notices, directives, declarations or other decisions as it considers necessary with or without conditions.
(2) If any order, directive or decision is made by the Board pursuant to this Act and such order, directive or decision is not complied with, the Board may, on the request of the Union, an employee or the employer, file a copy of the order, directive or decision with a prothonotary and upon such filing, the order, directive or decision shall become a decision of the Supreme Court and be enforceable as such. R.S., c. 71, s. 7.
8 (1) An order, notice, directive, declaration or other decision that the Board makes may be issued on its behalf by the Chairman or by any other person authorized by the Board to do so.
(2) An order, notice, directive, declaration or other decision purporting to be signed by the Chairman or an authorized person shall be admitted in evidence as prima facie proof
(a) of the order, notice, directive, declaration or other decision; and
(b) that the person signing it was authorized to do so, without proof of the appointment, authorization or signature of the Chairman or the person authorized. R.S., c. 71, s. 8.
9 The Regulations Act does not apply to
(a) an order, notice, directive, declaration or other decision of the Board; or
10 (1) The Board is empowered to decide for the purposes of this Act whether
(b) the parties to a dispute have settled the terms and conditions to be included in a collective agreement;
(c) a collective agreement has been entered into;
(d) a person is bound by a collective agreement;
(e) a collective agreement is in effect;
(f) a person practices his profession as a condition of employment;
(g) there has been every reasonable effort to conclude a collective agreement;
(h) there has been a violation of Section 40 or 41,
and the Board's decision is final and binding.
(2) If a question arises as to whether a person is or is not to be included in a bargaining unit or any other unit for collective bargaining which cannot be settled by the persons concerned, the question shall be referred to the Board and its decision is final and binding. R.S., c. 71, s. 10.
11 (1) Notwithstanding clause (f) of Section 2, no person is an employee for the purpose of this Act who is
(a) appointed by Governor in Council;
(b) locally engaged outside the Province;
(c) employed on a casual basis unless employed continuously for more than ten weeks or employed in the same department for more than a total of ten weeks in a twelve-month period;
(d) employed on a seasonal basis unless employed for more than a total of ten weeks in a twelve-month period;
(da) a student unless employed continuously in a bargaining-unit position for more than ten weeks or employed in a bargaining-unit position in the same department for more than a total of ten weeks in a twelve-month period; or
(e) employed in a managerial or confidential capacity.
(2) For the purpose of this Act, a person is employed in a managerial or confidential capacity who
(a) has or exercises managerial duties and responsibilities in relation to the formulation, development and administration of policies and programs;
(b) spends a significant portion of his time in the supervision of employees;
(c) is primarily engaged in the administration of personnel policies or personnel programs;
(d) is required by reason of his duties to deal formally on behalf of the employer with a grievance presented in accordance with the grievance process;
(e) is employed in a position confidential to the Lieutenant Governor, a minister, the deputy head, chairman or chief executive officer of a government board, department, commission or agency, or the Executive Council;
(f) is a person employed in the Civil Service Commission, Management Board, the Office of the Legislative Counsel or the Office of the Auditor General;
(g) is a member of the medical, dental or legal professions qualified to practise and employed in that capacity;
(h) is employed as an officer under the Trade Union Act;
(i) is a person employed in a position confidential to any person described in clause (c), (d) or (e);
(j) is not otherwise described but who in the opinion of the Board should not be included in a bargaining unit by reason of his duties and responsibilities to the employer. R.S., c. 71, s. 11; 2007, c. 33, s. 2.
12 (1) The employer and the Union may determine by consultation which employees or classes of employees are in a bargaining unit.
(2) Such determination shall be made by the employer and the Union within thirty days immediately following any notice given by the employer to the Union or the Union to the employer for this purpose.
(3) If the employer and the Union are not able to agree upon the employees or classes of employees who are in a bargaining unit within thirty days from the date a notice is given pursuant to subsection (2), then such determination shall be made by the Board.
(4) Schedule A to this Act may be added to, varied or restricted as agreed upon by the employer and the Union where they are able to agree or as directed by the Board and evidenced by an order of the Governor in Council. R.S., c. 71, s. 12.
13 (1) The Union and the employer may enter into negotiations to effect collective agreements on behalf of employees in a bargaining unit.
(2) Notwithstanding subsection (1), where there is a conflict between this Act and the Civil Service Act, the Civil Service Act prevails unless the conflict is between this Act and clauses (d), (f), (h), (i), (k), (l), (m), (n) or (p) of subsection (1) of Section 45, Sections 26 to 28 or Sections 32 to 34 of the Civil Service Act, in which case, the provisions of this Act prevail.
(3) Notwithstanding clause (t) of subsection (1) of Section 45 of the Civil Service Act, the Commission may not make regulations pursuant to said clause (t), the effect of which regulations would negate any matter listed in Schedule B to this Act. R.S., c. 71, s. 13.
14 A collective agreement entered into by the employer and the Union is, subject to and for the purposes of this Act, binding upon
(a) the Union and every employee represented by the Union on whose behalf the agreement has been entered into; and
15 Subject to subsection (2) of Section 32, the provisions of a collective agreement shall be implemented by the Union and the employer,
(a) where a period within which the collective agreement is to be implemented is specified in the collective agreement, within that period; and
(b) where no period for the implementation is so specified, within a period of ninety days from the date of its execution. R.S., c. 71, s. 15.
16 (1) A collective agreement has effect in respect of the employees covered by it on and from
(a) where an effective date is specified, that day; and
(b) where no effective date is specified, the first day of the first full bi-weekly pay period next following the date on which the agreement is executed.
(2) The Union and the employer shall not enter into a collective agreement having a specified term of less than one year and shall not amend an agreement so as to produce a term of less than one year.
(3) Where a collective agreement contains no provision as to its term it shall be deemed to be for a term of one year from the day on and from which it has effect pursuant to subsection (1). R.S., c. 71, s. 16.
17 Where the employer and the Union are parties to a collective agreement, either one of them may, within a period of three months next preceding the date of the expiry of the term of or preceding termination of the agreement, by notice in writing require the other party to the agreement to commence collective bargaining. R.S., c. 71, s. 17.
18 Where a notice to commence collective bargaining has been given, either under this Act or in accordance with a collective agreement which provides for a revision of a provision of the agreement, the employer and the Union shall, without delay, and in any case within twenty clear days after notice has been given or such further time as the parties may agree, meet and commence or cause authorized representatives on their behalf to meet and commence to bargain collectively with one another and shall make every reasonable effort to conclude and sign a collective agreement. R.S., c. 71, s. 18.
19 Where a notice to commence collective bargaining has been given and
(a) collective bargaining has not commenced within the time prescribed by this Act;
(b) collective bargaining has commenced and either party thereto requests the Board in writing to instruct a conciliation officer to confer with the parties thereto to assist them to conclude a collective agreement or a renewal or revision thereof and the request is accompanied by a statement of the difficulties, if any, that have been encountered before the commencement or in the course of the collective bargaining; or
(c) in any other case in which in the opinion of the Board it is advisable so to do,
the Board may instruct a conciliation officer to confer with the Union and the employer. R.S., c. 71, s. 19.
20 (1) Where a conciliation officer has been instructed to confer with the Union and the employer engaged in collective bargaining or to any dispute, the conciliation officer shall, within fourteen days after being so instructed or within any longer period that the Board may from time to time allow, make a report to the Board setting out
(a) the matters, if any, upon which the Union and the employer have agreed;
(b) the matters, if any, upon which the Union and the employer cannot agree; and
(c) any other matter that in his opinion is material or relevant or should be brought to the attention of the Board.
(2) When a conciliation officer has made a report under subsection (1) the conciliation officer shall forthwith advise the Union and the employer to the dispute that he has made a report. R.S., c. 71, s. 20.
21 Notwithstanding any other enactment or law, a conciliation officer shall not be compelled or required to give in evidence before any court, body or person having authority to receive evidence any information of any kind obtained by him for the purposes of this Act or in the course of his duties under this Act. R.S., c. 71, s. 21.
22 (1) Where the employer and the Union have bargained collectively with a view to concluding a collective agreement but have failed to reach agreement, the employer or the bargaining agent or both shall refer those terms and conditions of employment that are in dispute and are arbitral terms and conditions of employment within Schedule B to the Board and request that an arbitration board be established to resolve those terms and conditions.
(2) A request by either or both of the parties under subsection (1) shall
(a) if it is made by the employer, be accompanied by a list of the arbitral items it claims are in dispute and that the employer wishes to be referred to arbitration at that time;
(b) if it is made by the bargaining agent, be accompanied by a list of the arbitral items it claims are in dispute and that the bargaining agent wishes to be referred to arbitration at that time; or
(c) if it is made jointly, be accompanied by a list of the arbitral items that each party claims are in dispute and that each wish to be referred to arbitration at that time.
(3) Upon receipt of a request by either party under subsection (1), the Board shall, as soon as possible, send a copy of the request and the list of arbitral items that are included within Schedule B and claimed to be in dispute, to the other party.
(4) The party receiving the copy of the request for the appointment of an arbitration board shall, within ten days of receipt of the copy, send those items to the Board and send a copy of them to the other party to the dispute. R.S., c. 71, s. 22.
23 (1) Where a request for the establishment of an arbitration board is made by either the employer or the bargaining agent, the Board may
(a) if it is satisfied that the parties to the dispute have failed to make reasonable efforts to conclude a collective agreement, direct the parties to continue collective bargaining; or
(ii) the said arbitral items can satisfactorily be considered together,
(iii) it is an appropriate time to refer the matter to an arbitration board, and
(iv) the dispute is a proper one to refer to an arbitration board,
(2) Where a request for the establishment of an arbitration board is made by the employer and the bargaining agent jointly, the Board may, if it is satisfied with respect to the matters referred to in clause (b) of subsection (1), establish an arbitration board. R.S., c. 71, s. 23.
24 (1) Where the Board agrees to establish an arbitration board, it shall notify the parties to the dispute in writing accordingly and require each of them within ten days to appoint a person to act as a member of the arbitration board.
(2) The two persons appointed to act as members of an arbitration board shall appoint a third person to act as a member and chairman of the arbitration board within ten days of the date the second person is appointed. R.S., c. 71, s. 24.
25 (1) If the employer or the bargaining agent fails to appoint a person as a member of an arbitration board, the Board shall appoint a person to act as a member on its or their behalf.
(2) Where the two persons appointed as members of an arbitration board fail to appoint a person to act as a member and chairman, the Board shall appoint a person to act as a member and chairman on their behalf. R.S., c. 71, s. 25.
26 (1) Where three persons are appointed to act as members of an arbitration board, the Board, by notice in writing to the chairman, shall
(a) establish the members as an arbitration board; and
(b) list the arbitral items in dispute to be resolved by the arbitration board.
(2) An arbitration board remains constituted until it is dissolved by the Board by notice in writing to the chairman of the arbitration board.
(3) No person shall be appointed a member of a board who has any direct pecuniary interest in the matters coming before it or who is acting or has, within a period of six months immediately preceding the date of his appointment, acted as a solicitor, counsel or agent of either of the parties.
(4) Where a member appointed under Section 24 or 25 ceases to act by reason of resignation, death or otherwise before the board has completed its work, the party whose point of view the member represented shall, within ten days of the member so ceasing to act, appoint a replacement and notify in writing the other party and the Board of the name and address of the replacement, and where the party fails to so appoint a replacement or to notify the Board, the Board shall appoint as a replacement such person as the Board considers suitable and the board of arbitration shall continue to function as if the replacement member were a member of the board from the beginning.
(5) Where the chairman of an arbitration board is unable to enter on or to carry on his duties so as to enable the board to render a decision within a reasonable time after its establishment, the Board shall appoint a person to act as chairman in his place and the arbitration shall begin de novo. R.S., c. 71, s. 26.
27 (1) As soon as possible after making an inquiry into the arbitral items in dispute referred to it, the arbitration board shall make an award and in its award deal with each arbitral item in dispute.
(2) An arbitral award may be retroactive in whole or in part. R.S., c. 71, s. 27.
28 (1) Upon making an arbitral award the arbitration board shall
(a) file a copy of it with the Board; and
(b) serve a copy of it on the employer and the bargaining agent in person or by registered mail.
(2) The Board may in any manner publish an arbitral award. R.S., c. 71, s. 28.
29 (1) An arbitral award of an arbitration board is binding upon
(a) the bargaining agent and every employee in the unit on whose behalf it was bargaining collectively; and
and the employer and the bargaining agent shall give effect to it.
(2) Subject to subsections (5) and (6) of Section 31, the terms of an arbitral award relating to entering into, renewing or revising a collective agreement shall be included in a collective agreement. R.S., c. 71, s. 29.
30 Arbitration shall be conducted by an arbitration board appointed pursuant to this Act which board shall determine its own procedure but shall give full opportunity to the Union and the employer to present evidence and make submissions to it. R.S., c. 71, s. 30.
31 (1) The arbitration board has the jurisdiction to determine and render a decision only in respect of those matters referred to it by the Board.
(2) In the conduct of proceedings before it and in rendering a decision, the arbitration board may consider any factor that to it appears to be relevant to the matter in dispute including
(a) the needs of the Province and its agencies for qualified employees;
(b) where the employment is comparable or similar employment to that found in both the public and private sectors in the Province, the conditions of employment in the public and private sectors in the Province;
(c) the desirability to maintain appropriate relationships in the conditions of employment as between classifications in the civil service;
(d) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, work performed, the responsibility assumed and nature of services rendered; and
(e) the interests of the public.
(3) The decision of the majority of the members of the arbitration board is the decision of the board but if there is no majority, the decision of the chairman is the decision of the board.
(4) Every arbitral award of the arbitration board shall be signed by the chairman.
(5) The Board may, upon application by either party to an arbitral award, within ten days after the release of the arbitral award, give the parties an opportunity to make representations thereon to the Board and amend the arbitral award where it is shown to the satisfaction of the Board that the arbitration board has failed to deal with any matter in dispute referred to the arbitration board or that an error is apparent on the face of the arbitral award.
(6) Notwithstanding that an arbitration board has rendered an arbitral award, such arbitral award shall be of no force and effect if the employer and the Union enter into a collective agreement concerning the subject matter of the arbitral award within seven days from the time the arbitral award was rendered.
(7) The cost of the arbitration board shall be apportioned as follows:
(a) the Union shall pay the remuneration and expenses of the member appointed by it pursuant to Section 24;
(b) the employer shall pay the remuneration and expenses of the member appointed by it pursuant to Section 24;
(c) the employer and the Union shall share equally the remuneration and expenses of the chairman appointed pursuant to Section 24 or 25, such remuneration and expenses to be determined by the Board. R.S., c. 71, s. 31.
32 (1) No collective agreement or arbitral award of an arbitration board shall contain any provision which would require either directly or indirectly for its implementation the enactment or amendment of legislation.
(2) The Governor in Council and the Civil Service Commission are not bound to implement any arbitral award of an arbitration board which would result in any department exceeding its appropriation provided that the Minister of Finance will include in the estimates for the next ending fiscal year an amount sufficient to implement the arbitral award retroactive to the date on which the arbitral award was to be effective. R.S., c. 71, s. 32.
33 (1) Every collective agreement shall contain a provision for final settlement without stoppage of work, by adjudication or otherwise, of all differences between the parties to or persons bound by the agreement or on whose behalf it was entered into, concerning its meaning or violation.
(2) Where a collective agreement does not contain a provision as required by this Section, it shall be deemed to contain the following provision:
(3) Every party to and every person bound by the agreement, and every person on whose behalf the agreement was entered into, shall comply with the provision for final settlement contained in the agreement.
(4) Where a collective agreement provides for a grievance procedure and the employer, the Union or an employee entitled under the collective agreement to present a grievance has presented a grievance up to and including the final level in the grievance process with respect to
(a) the interpretation or application in respect of the employer, the Union or an employee of a provision of a collective agreement; or
(b) disciplinary action resulting in discharge, suspension or a financial penalty,
and the grievance has not been dealt with to the satisfaction of the employer, the Union or an employee, then the employer, the Union or an employee affected may, subject to subsection (5), refer the grievance to adjudication.
(5) Where a grievance within the meaning of subsection (4) is presented, the employee is not entitled to refer the grievance to adjudication unless the Union signifies in prescribed manner
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the employee in the adjudication proceedings. R.S., c. 71, s. 33.
34 (1) Where a grievance is referred to adjudication, it shall be dealt with by either a single adjudicator or a board of adjudication.
(2) Where the employer and the Union are agreed that a matter should be referred to a single adjudicator and they are able to agree upon the adjudicator, then such adjudicator shall be appointed by the Board.
(3) Where the employer and the Union are agreed that a matter should be referred to a single adjudicator but are unable to agree to the adjudicator within five days after a grievance is referred to adjudication, then the single adjudicator shall be appointed by the Board.
(4) Where the employer and the Union are unable to agree that a matter should be dealt with by a single adjudicator within five days after a grievance is referred to adjudication, then it shall be dealt with by a board of adjudication. R.S., c. 71, s. 34.
35 (1) When an adjudication board is required the Board shall appoint a board which shall be composed of
(a) one member nominated by the Union;
(b) one member nominated by the employer; and
(c) a chairman appointed pursuant to subsection (2) or (3),
all of whom shall hold office until the matter referred to the adjudication board is decided by it.
(2) The two members appointed pursuant to subsection (1) shall, within five days after the day on which they are appointed, nominate a third person who is willing and ready to act to be a member and chairman of the adjudication board and the Board shall forthwith appoint that person to be a member and chairman of the adjudication board.
(3) If the two members appointed under subsection (1) fail or neglect to make a nomination within five days after their appointment the Board shall forthwith appoint the third member.
(4) When the adjudication board has been appointed, the Board shall forthwith notify the parties of the names of the members of the board.
(5) Where there is an adjudication board, the decision of the majority of the adjudication board is the decision of the board but if there is no majority, the decision of the chairman is the decision of the board.
(6) Every decision of an adjudicator shall be signed by the adjudicator and in the case of an adjudication board, signed by the chairman and shall be transmitted to the employer and the Union within thirty days of the last day of the hearing or such longer period as is agreed to by the parties.
(7) The costs of an adjudicator shall be shared equally by the employer and the Union and the costs of the adjudication board shall be apportioned as follows:
(a) the Union shall pay the remuneration and expenses of the member appointed pursuant to clause (a) of subsection (1);
(b) the employer shall pay the remuneration and expenses of the member appointed pursuant to clause (b) of subsection (1);
(c) the employer and the Union shall share equally the remuneration and expenses of the chairman appointed pursuant to clause (c) of subsection (1) or subsection (2), which remuneration and expenses shall be determined by the Board. R.S., c. 71, s. 35.
36 (1) No grievance shall be referred to adjudication and no adjudicator or adjudication board shall hear or render a decision on a grievance until all procedures established for the presenting of the grievance up to and including the final level in the grievance process have been complied with.
(2) No adjudicator or adjudication board shall, in respect of any grievance, render any decision thereof the effect of which would be to require the amendment of a collective agreement. R.S., c. 71, s. 36.
37 (1) Where a grievance is referred to adjudication, the adjudicator or adjudication board shall give both parties to the grievance an opportunity to be heard.
(2) Where a decision on any grievance referred to adjudication requires any action by or on the part of the employer, the employer shall take such action.
(3) Where a decision on any grievance requires any action by or on the part of the employee or the Union or both of them, the employee or the Union, or both, as the case may be, shall take such action.
(4) Where an adjudicator or an adjudication board determines that an employee has been discharged or disciplined by the employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject of the adjudication, the adjudicator or the adjudication board has power to substitute for the discharge or discipline any other penalty that to the adjudicator or the adjudication board seems just and reasonable in the circumstances. R.S., c. 71, s. 37.
38 (1) The employer shall not cause a lockout and an employee shall not strike.
(2) Nothing in this Act shall be interpreted to prohibit the suspension or discontinuance of operations in an employer's establishment, in whole or in part, not constituting a lockout or strike. R.S., c. 71, s. 38.
39 The Union shall not sanction, encourage, or support, financially or otherwise, a strike by its members or any of them who are governed by the provisions of this Act. R.S., c. 71, s. 39.
40 The employer or a person acting on behalf of the employer shall not
(a) refuse to employ or terminate the employment of any person or discriminate against any person in regard to employment or any term or condition of employment because the person
(ii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Act,
(iii) has made or is about to make a disclosure that he may be required to make in a proceeding under this Act, o
(iv) has made an application or filed a complaint under this Act;
(c) seek by intimidation, threat of dismissal or any other kind of threat, by the imposition of a pecuniary or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of the Union. R.S., c. 71, s. 40.
41 The Union or a person acting on behalf of the Union shall not
(a) except with the consent of the employer of an employee, attempt, at an employee's place of employment during the working hours of the employee, to persuade the employee to become, to refrain from becoming or to cease to be a member of the Union;
(b) use coercion or intimidation of any kind with respect to any employee with a view to encouraging or discouraging membership or activity in the Union;
(c) discriminate against a person in regard to employment or membership in the Union, or intimidate or coerce a person or impose a pecuniary or other penalty on a person, because he
(ii) has made or is about to make a disclosure that he may be required to make in a proceeding authorized or permitted under a collective agreement or a proceeding under this Act, or
(iii) has made an application or filed a complaint under this Act. R.S., c. 71, s. 41.
42 (1) An employee who contravenes this Act or fails to do anything required of an employee by this Act is guilty of an offence and liable upon summary conviction to a fine of not more than one hundred dollars for each day during which the contravention or failure occurs or continues.
(2) Every person acting on behalf of the employer who declares or causes a lockout contrary to this Act is liable upon summary conviction to a penalty not exceeding three hundred dollars for each day that the lockout exists.
(3) If the Union declares or authorizes a strike contrary to this Act, it is liable upon summary conviction to a penalty not exceeding three hundred dollars for each day that the strike exists.
(4) Every officer or representative of the Union who declares or authorizes a strike contrary to this Act is liable upon summary conviction to a penalty not exceeding three hundred dollars for each day that the strike exists. R.S., c. 71, s. 42.
43 Any collective agreement in force between the employer and the Union immediately before the fifth day of May, 1978, shall continue in accordance therewith until its termination except that the provisions of this Act respecting those matters that are subject to arbitration and adjudication and the procedures respecting the same shall apply to such collective agreements. R.S., c. 71, s. 43.
44 (1) The question as to whether or not a matter is a matter within the meaning of arbitrable terms and conditions listed in Schedule B to this Act is a question of law.
(2) An arbitration board, adjudicator or an adjudication board may, of its own motion or upon application of the employer or the Union, state a case in writing for the opinion of the Appeal Division of the Supreme Court upon any question which is a question of law.
(3) A like reference to that contained in subsection (2) may also be made by the Board.
(4) The Appeal Division of the Supreme Court shall hear and determine questions of law arising as a result of a stated case taken pursuant to subsection (2) or (3) and remit the matter to the arbitration board, the adjudicator, the adjudication board or the Board, whichever is appropriate under the circumstances, with the opinion of the Court thereon. R.S., c. 71, s. 44.
45 This Act is binding upon the Crown. R.S., c. 71, s. 45.
All the employees of the employer in the following Classification and Pay Plans:
1. Health Services Classification and Pay Plan - (HSA)
2. Health Services Classification and Pay Plans - (HSB)
3. Educational Classification and Pay Plans - (EDA-EDB)
4. Institutional and Domestic Services
Classification and Pay Plan - (SE)
5. Maintenance and Operational
Services Classification and Pay Plan - (MOS)
6. Technical Classification and Pay Plan - (TE)
7. Professional-Administrative
Classification and Pay Plans - (PR-AD)
8. Clerical and Related Classification
and Pay Plan - (CL)
2. Pay procedures on promotion, demotion, reclassification and increments
5. Premium allowances for work performed
8. Employee relocation expenses
10. Leaves of Absence other than for elective public office or political activity
or education or training and development
11. Conditions of education leave
12. Conditions of sabbatical leave
14. Layoff policy taking into account the competency, merit and seniority of the
employees
15. Procedures for discipline and discharge for cause of permanent and term
employees
17. The mileage rate and allowance payable to an employee for miles travelled
when he is required to use his own automobile on the employer's business
19. Long-term income protection insurance
20. Duration of collective agreement
21. Interpretations and definitions of words and expressions used in the
collective agreement and not defined by the collective agreement or an
applicable enactment
