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Labour Board

Labour Board:,

Introducing the Labour Board and
Other Important Improvements to Employment in Nova Scotia

On December 10, 2010, the Labour Board Act received Royal Assent. Passage of the Labour Board Act supports the Nova Scotia government’s priority of making life better for Nova Scotians and their families. The innovations introduced by the Labour Board Act will help to ensure stability and fairness in our workplaces, while at the same time helping the government to get back to balance by living within its means.

The government will provide additional information as the various provisions of the Labour Board Act come into force. In the mean time, here are some of the Act’s highlights:

The Labour Board

The Act creates a new administrative tribunal, the Labour Board. Presently, Nova Scotia has six independent tribunals that adjudicate disputes in specialized aspects of labour and employment. Over time, the Labour Board will replace those independent bodies with a single tribunal with authority to deal with most disputes that arise in Nova Scotia workplaces.

The transition to the Labour Board will occur in two phases. On February 8, 2011, the Labour Board will replace the four tribunals that presently have jurisdiction over the province’s unionized workplaces regarding labour relations matters. Later this year, the Labour Board will also replace the Labour Standards Tribunal, which deals non-unionized workplaces; and the Occupational Health & Safety Appeal Panel.

Labour Board panels will be composed of a neutral Chair or Vice-Chair, and an equal number of members who represent employers or employees. Under the Labour Board Act , the Chairs, Vice-Chairs and members of the tribunals the Labour Board replaces will serve the balance of their appointment terms on the Labour Board. This will ensure that a balance of representation is achieved, and that the Labour Board has specialized expertise and experience to adjudicate matters.

The Labour Board will have a full-time Chair. The Board’s first Chair will be appointed in early 2011. Peter Darby, Chair of the Labour Relations Board/Construction Industry Panel, will act as the Alternative Labour Board Chair and Vice Chair until the full-time Chair takes office.

Bringing Matters Before the Labour Board

The Labour Board Act effectively centralizes the functions of the various Boards the Labour Board will replace. When the Board is fully operational, employers, employees, and unions will have a single point to access employment justice. For the short term, parties will bring matters before the Labour Board in the same way they have brought matters before the former Boards. For example, they will use Forms the Board will publish that mirror the former Labour Relations Board/Construction Industry Panel Forms. Over time, the Labour Board will develop its own procedures and use technology to make its services as accessible as possible. In the mean time, parties with question may contact :

Labour Board
7th Floor, 5151 Terminal Rd., P.O. Box 697,
Halifax, N.S.,
B3J 2T8
(902) 424-6730
Toll Free: 1-877-424-6730

Labour Standards Appeals

The Labour Board hears complaints of failure to comply with the Labour Standards Code.

Pursuant to the Code, the complaints may be heard by the Labour Board in the form of appeals by employers or employees against Director of Labour Standards Orders, or appeals by complainants after the Director has found no violation of the Code.

Learn more about employment rights under the Labour Standards Code, and the Labour Standards Division which deals with Code enquiries.

Legislation & Regulations

Form

Appeal Form (PDF: 218k)

Database

Labour Standards Tribunal Database

Occupational Health and Safety Appeals

The Labour Board adjudicates disputes relating to the Occupational Health and Safety Act and technical aspects of health and safety , as well as the protection of individual employees from employer or union reprisals when employees discharge their responsibilities under the Occupational Health and Safety Act.

Legislation & Regulations

Forms

Notice of Appeal

Database

OHSAPO Database

Grievance Arbitration/Adjudication

The Labour Board Act also introduces changes to grievance arbitration/adjudication in parts of Nova Scotia’s unionized sector. For information on those changes and arbitration/adjudication generally please go to our Grievance Arbitration/Adjudication webpage.

The Labour Board’s Services

The Labour Board is an independent and impartial adjudicative tribunal. The Board processes matters commenced under the various statutes under its jurisdiction, and holds hearings to adjudicate those matters. The Board encourages parties to settle their disputes without resort to a Board hearing, and will assist parties to resolve the disputes they bring before it if they wish. Initially, the Board will deal with matters arising under Trade Union Act, certain sections of the Teachers' Collective Bargaining Act, Civil Service Collective Bargaining Act, Corrections Act, and Highway Workers Collective Bargaining Act. When the Board replaces the Labour Standards Tribunal and Occupational Health and Safety Appeal Panel, it will also deal with matters arising under the Labour Standards Code, Occupational Health and Safety Act and Occupational Health and Safety Administrative Penalties Regulations.

The Labour Board hears most matters as tri-partite panels consisting of an impartial Chair or Vice Chair, a Board member who represents employers, and a Board member who represents employees. In limited circumstances, the Board Chair or a Vice-Chair may hear a matter alone. Normally, the Labour Board conducts hearings in Halifax, but will consider requests to hold hearings in other areas of the Province. Hearings are normally held Monday to Friday, between 9:30 a.m. and 4:30 p.m.

Procedural/Policy Statements

Duty of Fair Representation Fact Sheet

Labour Relations Board Activity Summary

Board Biographies

Labour Relations Plain Language Guide