CHAPTER 475
OF THE
REVISED STATUTES, 1989
1 This Act may be cited as the Trade Union Act. R.S., c. 475, s. 1.
(a) "bargaining agent" means a trade union that acts on behalf of employees
(ii) as a party to a recognition agreement with their employer, or
(iii) as a party to a collective agreement with their employer;
(c) "certified bargaining agent" means a bargaining agent that has been certified under this Act or that is party to an agreement filed pursuant to subsection (2) of Section 30 and the certification of which has not been revoked;
(d) "Chief Executive Officer" means the Chief Executive Officer of the Board;
(e) "collective agreement" means a signed agreement in writing between an employer or an employers' organization acting on behalf of an employer, on the one hand, and a certified bargaining agent of his employees on behalf of the employees, on the other hand, containing terms or conditions of employment of employees that include provisions with reference to rates of pay and hours of work;
(f) "collective bargaining" means negotiating with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be;
(g) "conciliation board" means a board of conciliation and investigation appointed by the Minister in accordance with Section 61;
(h) "conciliation officer" means a person whose duties include the conciliation of disputes and who is under the control and direction of the Minister;
(i) "to contract out" means to make a contract or agreement in accordance with which a significant part of the work regularly done by the employees of an employer is to be done by some other person or persons;
(j) "dispute" or "industrial dispute" means any dispute or difference or apprehended dispute or difference between an employer and one or more of his employees or a bargaining agent acting on behalf of his employees, as to matters or things affecting or relating to terms or conditions of employment or work done or to be done by him or by the employee or employees or as to privileges, rights and duties of the employer or the employee or employees;
(k) "employee" means a person employed to do skilled or unskilled manual, clerical or technical work and includes
(ii) a person employed or engaged on fishing vessels of all types or in the operation of these vessels on water, if he is paid wages or salary or accepts or agrees to accept a percentage or other part of the proceeds of the adventure or of the catch in lieu of or in addition to wages;
(m) "employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and employees;
(n) "jurisdictional dispute" means a dispute between two or more unions or between an employer or employers' organization and one or more unions over the assignment of work;
(o) "lockout" includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of his employees done to compel his employees, or to aid another employer to compel his employees, to agree to terms or conditions of employment;
(p) "mediation officer" means a person appointed as such by the Minister;
(q) "Minister" means the Minister of Labour;
(r) "Panel" means the Construction Industry Panel of the Board;
(s) "parties" with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established;
(t) "regulation" means a regulation of the Governor in Council under this Act;
(u) "rule" means a procedural rule of the Board;
(v) "strike" includes a cessation of work, or refusal to work or continue to work, by employees, in combination or in concert or in accordance with a common understanding, for the purpose of compelling their employer 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;
(w) "trade union" or "union" means any organization of employees formed for purposes that include regulating relations between employers and employees which has a constitution and rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in membership;
(x) "unit" means a group of two or more employees and "appropriate for collective bargaining" with reference to a unit, means a unit that is appropriate for such purposes whether it be an employer unit, craft unit, technical unit, plant unit or any other unit and whether or not the employees therein are employed by one or more employers;
(y) words importing the masculine gender include corporations, trade unions and employers' organizations, as well as females.
(2) For the purposes of this Act, no person shall be deemed to be an employee
(a) who is a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions; or
(b) who is a member of the medical, dental, architectural, engineering or legal profession qualified to practise under the laws of a province and employed in that capacity. R.S., c. 475, s. 2.
3 The Minister is charged with the administration of this Act and shall exercise the powers and perform the duties imposed on the Minister by this Act. R.S., c. 475, s. 3.
4 (1) Subject to subsection (2), this Act applies to all matters within the legislative jurisdiction of the Province except that it does not apply to Her Majesty in right of the Province or to employees of Her Majesty.
(2) This Act applies to any board, commission or similar body that is an agency of Her Majesty in right of the Province and to the employees of the board, commission or body, other than those appointed by the Civil Service Commission or by the Governor in Council.
(3) Notwithstanding subsection (1), Sections 46A, 54A and 56A apply to Her Majesty in right of the Province and employees of Her Majesty in right of the Province.
(4) Sections 55 to 57 and 78 apply to complaints of a failure to comply with Section 54A made against
(a) the Nova Scotia Government Employees Union or a person acting on behalf of the Union pursuant to the Civil Service Collective Bargaining Act;
(b) the Union determined pursuant to Part I of the Corrections Act or a person acting on behalf of the Union; or
(c) the Nova Scotia Highway Workers Union, CUPE Local 1867 or a successor union determined pursuant to the Highway Workers Collective Bargaining Act or a person acting on behalf of the Union. R.S., c. 475, s. 4; 2005, c. 61, s. 1.
5 For the purposes of this Act, an application to the Board or any notice or any collective agreement may be signed, if it is made, given or entered into
(a) by an employer who is an individual, by the employer himself;
(b) where several individuals who are jointly employers, by a majority of those individuals;
(c) by a corporation, by one of its authorized managers or by one or more of the principal executive officers;
(d) by a trade union or employers' organization, by the president and secretary of the trade union or employers' organization or by any two officers thereof or by any person authorized for this purpose by resolution duly passed at a meeting of the trade union or employers' organization. R.S., c. 475, s. 5.
6 (1) For the purpose of this Act, and of any proceedings taken thereunder, any notice or other communication sent through Her Majesty's mails shall be presumed, unless the contrary is proved, to have been received by the addressee in the ordinary course of mail.
(2) A document may be served or delivered for the purpose of this Act or any proceedings thereunder in the manner prescribed by regulation or rule. R.S., c. 475, s. 6.
7 A certificate purporting to be signed by the Minister or his Deputy or by an official in his Department stating that a report, request or notice was or was not received or given by the Minister pursuant to this Act, and if so received or given, the date upon which it was so received or given is prima facie evidence of the facts stated therein without proof of the signature or of the official character of the person appearing to have signed the same. R.S., c. 475, s. 7.
8 No proceedings under this Act, including arbitration or other proceedings in accordance with Section 42 or 46A and arbitration in accordance with Section 107 are invalid by reason of any defect in form or any technical irregularity. R.S., c. 475, s. 8; 2005, c. 61, s. 2.
9 Notwithstanding any other enactment or law, a conciliation officer or any persons employed in the Department of Labour 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. 475, s. 9.
10 The Governor in Council may make regulations as to the time within which anything authorized by this Act shall be done, and also as to any other matter or thing which appears to him necessary or advisable to the effectual working of this Act. R.S., c. 475, s. 10.
11 There may be employed any officers, clerks and employees who are necessary for the administration of this Act. R.S., c. 475, s. 11.
12 Any money required for the administration of this Act, or for the carrying out of any of the provisions of this Act, shall, in the absence of any vote of the Legislative Assembly available therefor, be paid out of the Consolidated Fund of the Province. R.S., c. 475, s. 12.
13 (1) Every employee has the right to be a member of a trade union and to participate in its activities.
(2) Every employer has the right to be a member of an employers' organization and to participate in its activities. R.S., c. 475, s. 13.
14 No person ceases to be an employee within the meaning of this Act by reason only of his ceasing to work for his employer as the result of a lockout or strike or by reason only of dismissal by his employer contrary to this Act or to a collective agreement. R.S., c. 475, s. 14.
15 Notwithstanding anything contained in this Act, any employee may present his personal grievance to his employer at any time. R.S., c. 475, s. 15.
16 (1) The Governor in Council may establish and appoint the members of a Board which shall be known as the "Labour Relations Board (Nova Scotia)" and shall consist of five members.
(2) The Governor in Council may appoint other persons, who may be members of the Panel, 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 and may appoint the Chairman of the Board as Chairman or as Vice-chairman of the Panel in accordance with subsection (3) of Section 94.
(4) The Governor in Council may appoint other persons as Vice-chairmen to act in the place of the Chairman during the time or in respect of the matters that the Governor in Council designates, or in the absence of the Chairman, and the Chairman shall not sit as a member while a Vice-chairman is presiding and a 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, subject to subsection (10), in every case give an opportunity to all interested parties to present evidence and make representation.
(10) Upon application for a interim order pursuant to Section 51 or Section 52 and in any case where a hearing is not requested, if the Chairman deems it appropriate, the Board may deal with any matter by each member conferring separately with the Chief Executive Officer and each deciding the matter.
(11) Each member of the Board shall, before acting as such, take and subscribe before a judge of the Supreme Court or a county court and shall file with the Minister, an oath or affirmation of office in the following form:
17 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. 475, s. 17.
(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 and, without limiting the generality of the foregoing, it may by the regulations prescribe what evidence constitutes proof that a person is a member in good standing of a trade union. R.S., c. 475, s. 18.
19 (1) If in any proceeding before the Board a question arises under this Act as to whether
(a) a person is an employer or employee;
(b) an organization or association is an employers' organization or a trade union, or a council of trade unions;
(c) in any case a collective agreement has been entered into and the terms thereof;
(d) a collective agreement is by its terms in full force and effect and upon whom it is binding;
(e) any person has ceased to work for his employer as the result of a lockout or strike or has been dismissed by his employer contrary to this Act or to a collective agreement;
(f) any party to collective bargaining has failed to comply with Section 35;
(g) a group of employees is a unit appropriate for collective bargaining;
(h) an employee belongs to a craft or group exercising technical skills;
(i) a person is a member in good standing of a trade union;
(j) an employer has sold, leased, transferred or agreed to sell, lease or transfer his business or the operations thereof or any part of either of them or has contracted out or agreed to contract out any part of the work done by his employees;
(k) an employer, employer' organization, trade union or other person is doing or has done any act prohibited by Sections 47, 48, 49, 50 or 56A,
the Board shall decide the question and the decision or order of the Board is final and conclusive and not open to question, or review, but the Board may, if it considers it advisable so to do, reconsider any decision or order made by it under this Act, and may vary or revoke any decision or order made by it under this Act.
(2) The Board may of its own motion state a case in writing for the opinion of the Appeal Division of the Supreme Court upon any question that, in the opinion of the Board, is a question of law.
(3) The Appeal Division of the Supreme Court shall hear and determine the question or questions of law arising thereon and remit the matter to the Board, with the opinion of the Court thereon.
(4) Costs shall not be awarded in a case stated under this Section. R.S., c. 475, s. 19; 2005, c. 61, s. 4.
20 The Board may direct any trade union or employers' organization which is a party to any application for certification, or is a party to an existing collective agreement, to file with the Board
(a) a statutory declaration signed by its president or secretary stating the names and addresses of its officers; and
(b) a copy of its constitution and by-laws,
and the trade union or employers' organization shall comply with the direction within the time prescribed by the Board. R.S., c. 475, s. 20.
21 Where, in the opinion of the Board, associated or related activities or businesses are carried on by or through more than one corporation, firm, syndicate or association, or any combination thereof, under common management or direction, including direction of the work force, the Board may treat the corporations, individuals, firms, syndicates or associations or any combination thereof as constituting one employer for the purpose of this Act. R.S., c. 475, s. 21.
22 Any document purporting to contain or to be a copy of any rule, decision or order of the Board, and purporting to be signed by a member of the Board or the Chief Executive Officer thereof shall be accepted by any court as evidence of the regulation, rule, direction, order or other matter therein contained of which it purports to be a copy. R.S., c. 475, s. 22.
CERTIFICATION
23 (1) A trade union claiming to have as members in good standing not less than forty per cent of the employees of one or more employers in a unit appropriate for collective bargaining may, subject to the rules of the Board and in accordance with this Section, make application to the Board to be certified as bargaining agent of the employees in the unit.
(2) Where no collective agreement is in force and no bargaining agent has been certified under this Act for the unit, the application may be made at any time.
(3) Where no collective agreement is in force but a bargaining agent has been certified under this Act for the unit, the application may be made after the expiry of twelve months from the date of certification of the bargaining agent, but not before, except with the consent of the Board.
(4) Where a collective agreement relating to the unit is in force and is for a term of not more than three years, the application may be made only after the commencement of the last three months of its operation.
(5) Where a collective agreement relating to the unit is in force and is for a term of more than three years, the application may be made only
(a) after the commencement of the thirty-fourth month of its operation and before the commencement of the thirty-seventh month of its operation;
(b) during the three month period immediately preceding the end of each year that the collective agreement continues to operate after the third year of its operation; or
(c) after the commencement of the last three months of its operation.
(6) Two or more trade unions claiming to have as members in good standing of the unions a majority of employees in a unit that is appropriate for collective bargaining may join in an application under this Section and the provisions of this Act relating to an application by one union and all matters or things arising therefrom, apply in respect of this joint application and the unions as if it were an application by one union.
(7) Where an application is made under this Act for the certification of a union or unions as bargaining agent of employees in a unit, the employer shall not, without consent of the Board, increase or decrease rates of wages or alter any other term or condition of employment of those employees before the Board has given its decision on the application or, in case the Board certifies a union, before notice to commence collective bargaining has been given under Section 33. R.S., c. 475, s. 23.
24 (1) Where a group of employees of an employer belong to a craft or group exercising technical skills by reason of which they are distinguishable from the employees as a whole and the majority of the group are members of one trade union pertaining to that craft or other skills, the trade union may apply to the Board and, subject to Section 23, may be certified as the bargaining agent of the employees in the group, if the group is otherwise appropriate as a unit for collective bargaining.
(2) The Board is not required to apply this Section where the group of employees is included in a bargaining unit represented by another bargaining agent at the time the application is made.
(3) Where the employees of an employer are certified in accordance with this Section, the employer pursuant to subsection (5) of Section 98 is not bound by any accreditation order made pursuant to this Act. R.S., c. 475, s. 24.
25 (1) Where a trade union makes application for certification in accordance with Section 23, 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) The Board shall conduct the vote under subsection (1) at the place of employment of the employees in the unit applied for during regular working hours.
(3) Normally the Board shall conduct the vote under subsection (1) no more than five working days after receipt by the Board of the application and three working days after the Board's notices are received by the employer, but if, in the opinion of the Board, special circumstances make it inappropriate to hold a vote until the Board has made such investigations as it deems appropriate including, if the Board so decides, giving interested parties an opportunity to present evidence and make representations, the Board may delay the vote.
(4) The Board shall determine whether the unit applied for is appropriate for collective bargaining and the Board may, before certification, if it deems it appropriate to do so, include additional employees in or exclude employees from the unit.
(5) Where a vote is counted the Board shall remove and destroy, without counting, the ballots cast by persons not in the bargaining unit determined to be appropriate.
(6) The Board shall take such steps as it deems appropriate to determine the trade union membership of employees in the unit determined to be appropriate for collective bargaining.
(7) When the Board has determined that a unit of employees is appropriate for collective bargaining, if the Board is satisfied that at the date of the filing of the application for certification the applicant trade union had as members in good standing
(a) less than forty per cent of the employees in the unit, the Board shall dismiss the application; or
(b) forty per cent or more of the employees in the unit, the Board shall, subject to subsection (11), take and count the vote.
(8) Where as a result of a vote taken and counted pursuant to clause (b) of subsection (7) 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 bargaining agent of the employees in the unit.
(9) Where, in the opinion of the Board, an employer or employer's organization has contravened this Act or regulations made pursuant to this Act in so significant a way that the representation vote does not reflect the true wishes of the employees in the bargaining unit determined to be appropriate for collective bargaining, and in the opinion of the Board the applicant trade union, at the date of the filing of the application for certification, had as members in good standing not less than forty per cent of the employees in the unit, the Board may, in its discretion, certify the trade union as bargaining agent of the employees in the unit.
(10) Where, in the opinion of the Board, the applicant trade union or a representative of the trade union has contravened this Act or regulations made pursuant to this Act in so significant a way that the representation vote does not reflect the true wishes of the employees in the bargaining unit determined to be appropriate for collective bargaining, the Board may, in its discretion, dismiss the application.
(11) Where, in the opinion of the Board, the applicant trade union or a representative of the trade union has contravened this Act or regulations made pursuant to this Act so that the membership information filed with the application does not represent the true wishes of the employees in the unit determined to be appropriate for collective bargaining, the Board may, in its discretion, dismiss the application.
(12) The Board may prescribe the nature of the evidence to be furnished to it, and the Board or any person to whom it may in writing delegate the authority may, for the purpose of making any determination under this Section, and Sections 23, 24, 28, 29 and 30, make or cause to be made any examination of records or other inquiries, hold any hearings or take or supervise the taking and counting of any votes that it deems expedient, and no person shall hinder or obstruct the Board or any person so authorized in the exercise of the power conferred by this Section.
(13) Where an application for certification under this Act is made by a trade union claiming to have as members in good standing not less than forty per cent of the employees in a unit that is appropriate for collective bargaining, the employees in which are employed by two or more employers, the Board shall not certify the trade union as the bargaining agent of the employees in the unit unless
(a) all employers of the employees consent thereto; and
(b) the Board is satisfied that the trade union might be certified by it under this Section as the bargaining agent of the employees in the unit of each employer if separate applications for the purpose were made by the trade union.
(14) The Board in determining the appropriate unit shall have regard to the community of interest among the employees in the proposed unit in such matters as work location, hours of work, working conditions and methods of remuneration.
(15) Notwithstanding anything contained in this Act, no trade union, the administration, management or policy of which is, in the opinion of the Board, dominated or influenced by an employer, so that its fitness to represent employees for the purpose of collective bargaining is impaired or which discriminates against any person because of sex, race, creed, colour, nationality, ancestry or place of origin, shall be certified as the bargaining agent of the employees, nor shall an agreement entered into between that trade union and that employer be deemed to be a collective agreement.
(16) If the Board is not satisfied that a trade union is entitled to be certified under this Section it shall reject the application, and may designate the length of time that must elapse before a new application will be considered by the same applicant. R.S., c. 475, s. 25.
(a) "interdependent manufacturing location" means a manufacturing location of an employer in the Province, the continued operation of which is primarily dependent on the continued normal operation of another manufacturing location or manufacturing locations of the employer in the Province; and
(b) "manufacturing" means the making of goods by hand, by machinery or by a combination of processes.
(2) An employer claiming to be engaged in manufacturing and carrying on its operation at two or more interdependent manufacturing locations in the Province may make application to the Board for a determination that the unit appropriate for collective bargaining is the unit consisting of all employees of the employer at all such interdependent manufacturing locations, subject only to the exclusion of such positions as the Board may determine would otherwise normally be excluded.
(3) Where, upon receipt of an application pursuant to subsection (2), the Board is satisfied that
(a) an employer is engaged in manufacturing; and
(b) the employer carries on operations in the Province at two or more interdependent manufacturing locations,
the Board shall determine and order that the unit appropriate for collective bargaining is the unit consisting of all employees of the employer at all the locations determined by the Board to be interdependent manufacturing locations, subject only to the exclusion of such positions as the Board may determine would otherwise normally be excluded.
(4) Subject to subsection (6), an application for an order pursuant to this Section may not be made by an employer more than one year following the commencement of production
(a) at the second manufacturing location in the Province of the employer, claimed by the employer to be an interdependent manufacturing location with the original manufacturing location of the employer in the Province; or
(b) at any additional manufacturing location in the Province of an employer already affected by an order issued pursuant to this Section.
(5) Notwithstanding subsection (4), an application for an order pursuant to this Section by an employer respecting operations at interdependent manufacturing locations in the Province on the twenty-eighth day of December, 1979, may not be made more than one year following that day.
(6) No application may be made for an order pursuant to this Section where a certification order has been made or voluntary recognition granted pursuant to this Act with respect to one or more of the interdependent manufacturing locations.
(7) Subject to subsections (4), (5) and (6), where any trade union makes an application for certification, the Board shall give to the employer adequate opportunity to make an application pursuant to this Section before proceeding to determine the appropriate unit.
(8) This Section applies to all applications made pursuant to Section 23 which are before the Board on the twenty-eighth day of December, 1979, or which are made on or after that day.
(9) Section 25 shall, except where inconsistent with this Section, continue to apply. R.S., c. 475, s. 26.
27 Where a trade union is certified under this Act as the bargaining agent of the employees in a unit,
(a) the trade union shall immediately replace any other bargaining agent of employees in the unit and shall have exclusive authority to bargain collectively on behalf of employees in the unit and to bind them by a collective agreement until the certification of the trade union in respect of employees in the unit is revoked;
(b) if another trade union had previously been certified as bargaining agent in respect of employees in the unit, the certification of the last mentioned trade union shall be deemed to be revoked in respect of such employees; and
(c) if, at the time of certification, a collective agreement binding on or entered into on behalf of employees in the unit is in force, the trade union shall be substituted as a party to the agreement in place of the bargaining agent that is a party to the agreement on behalf of the employees in the unit. R.S., c. 475, s. 27.
28 (1) Where a trade union is certified under this Act, an application may be made to the Board to amend the certification to
(a) change the name of the union or employer where the name of the union or employer has been changed;
(b) include specific additional classifications of employees in the unit;
(c) exclude specific classifications of employees from the unit; or
(d) combine previous certification orders into one order.
(2) The application shall be filed with the Board in the form approved by the Board duly verified by a statutory declaration made by a person or persons permitted to sign an application under Section 5. R.S., c. 475, s. 28.
29 Where certification of a trade union as a bargaining agent has been in effect for not less than twelve months and no collective agreement is in force, or where an application can be made pursuant to subsection (4) or subsection (5) of Section 23, and the Board is satisfied that
(a) a significant number of members of the trade union allege that the trade union is not adequately fulfilling its responsibilities to the employees in the bargaining unit for which it was certified; or
(b) the union no longer represents a majority of the employees in the unit,
the Board upon application for revocation of certification may order the taking of a vote to determine the wishes of the employees in the unit concerning revocation of the existing certification and may revoke or confirm the certification in accordance with the result of the vote. R.S., c. 475, s. 29.
30 (1) Where a trade union purports to represent employees of an employer and intends to bargain collectively on behalf of the employees, the trade union and employer may make and enter into an agreement in writing, which may be part of a collective agreement, whereby
(a) the employer recognizes the trade union as the exclusive bargaining agent for the employees; and
(b) the unit of employees to which the agreement extends is defined.
(2) Subject to subsection (3), when an agreement made pursuant to subsection (1) is filed with the Minister, the provisions of this Act shall apply as though the trade union was the certified bargaining agent for the employees in the unit defined by the agreement at the time the agreement was filed.
(3) This Section does not apply if
(a) the trade union that is a party to the agreement does not meet the requirements of subsection (15) of Section 25;
(b) at the time the agreement is filed, another trade union
(ii) is certified as or has applied to the Board for certification as bargaining agent for any of the employees to whom the agreement extends; or
(4) If any question arises whether a trade union represents or represented a majority of the employees in the unit defined by an agreement made pursuant to this Section, the Board or the Panel, as the case may be, upon application by a trade union shall decide the question and any related question as though the question had arisen in a certification proceeding before the Board.
(5) The provisions of this Act relating to revocation of certification of a trade union as bargaining agent apply to a trade union that is a party to an agreement filed with the Minister and that has the status of a certified bargaining agent by virtue of subsection (2). R.S., c. 475, s. 30.
31 (1) Where an employer sells, leases or transfers or agrees to sell, lease or transfer his business or the operations thereof or any part of either of them and either
(a) the employer or the purchaser, lessee or transferee or any of them is a party to or is bound by a collective agreement with a bargaining agent on behalf of any employees affected by the sale, lease or transfer or contract;
(b) one or more bargaining agents have been certified as bargaining agent for any such employees;
(c) one or more trade unions have applied to be certified as bargaining agent for any such employees; or
(d) one or more bargaining agents have given or are entitled to give notice under either Section 33 or 34 with respect to any such employees,
unless the Board otherwise directs, the collective agreement, certification, application, notice or entitlement to give notice continues in force and is binding upon the purchaser, lessee or transferee.
(2) Where the Board is satisfied that an employer contracted out or agreed to contract out work regularly done by his employees to avoid obligations under this Act, the Board may direct that this Section applies as if the employer had transferred or agreed to transfer part of his business or the operations thereof.
(3) For the purpose of subsection (2), the onus of proving that there has been no contracting out or agreement to contract out work regularly done by employers to avoid obligations under this Act shall be upon the employer.
(4) Any employer, purchaser, lessee, transferee or any bargaining agent, or trade union within subsection (1) or (2) may apply to the Board for the resolution of any question or problem which, as a result of such sale, lease, transfer or contract, has arisen or may arise with respect to any collective agreement, certification, application, notice or entitlement to give notice.
(5) Upon the application being made, the Board shall, by order, make whatever award, give whatever direction or take any other action that in its discretion the Board deems appropriate, to resolve any relevant question or problem and, without restricting the generality of the foregoing, may, by that order or subsequent order,
(a) modify or rescind to the extent that the Board deems necessary or appropriate any collective agreement;
(b) amend or revoke any certification or amend any application for certification;
(c) modify or restrict the operation of any notice or entitlement to give notice;
(d) determine whether employees affected constitute one or more appropriate bargaining units;
(e) if more than one collective agreement is to continue in force, designate which employees are to be covered by each agreement;
(f) modify or restrict the operation or effect of any provision of any collective agreement and define the rights with respect thereto of any employees affected by the sale, lease, transfer or contract;
(g) declare which trade union or trade unions shall be the bargaining agent or agents for the employees;
(h) interpret any provision of any collective agreement.
(6) Until the Board has disposed of any application under this Section, a purchaser, lessee, transferee or contractor, notwithstanding any other provisions of this Act, shall not be required to bargain with any bargaining agent with respect to employees to whom the application relates.
(7) Where an application is made under this Section, the Board may make or cause to be made any examination of records or other inquiries, and may hold any hearings and take any representation votes that it deems necessary and prescribe the nature of evidence to be furnished to the Board.
(8) This Section applies to any amalgamation, annexation or other change in a municipality to which the Municipal Act applies, a city or a town, or in a board, school board, commission or agency thereof by or under the Municipal Boundaries and Representation Act, the Education Act or any other enactment. R.S., c. 475, s. 31.
32 (1) Where a trade union claims that by reason of a merger or amalgamation or a transfer of jurisdiction it is a successor of a trade union that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent of a unit of employees of an employer and any question arises in respect of its rights to act as the successor, the Board, in any proceeding before it or on the application of any person or trade union affected, may by order declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under this Act of its predecessor.
(2) Before issuing an order under subsection (1), the Board may make or cause to be made any examination of records or other inquiries, and may hold any hearings or representation votes that it deems necessary and prescribe the nature of evidence to be furnished to the Board.
(3) Where the Board makes an affirmative declaration under subsection (1), the successor for the purposes of this Act acquires the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise. R.S., c. 475, s. 32.
33 Where a trade union is certified as the bargaining agent of employees in a unit and no collective agreement with their employer binding on or entered into on behalf of employees in the unit is in force,
(a) the bargaining agent may, on behalf of the employees in the unit, by notice in writing, require their employer to commence collective bargaining; or
(b) the employer or an employers' organization representing the employer, may, by notice in writing, require the bargaining agent to commence collective bargaining. R.S., c. 475, s. 33.
34 Either party to a collective agreement may, within the period of two months next preceding the date of 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. 475, s. 34.
35 Where notice to commence collective bargaining has been given under Section 33 or Section 34 or in accordance with a collective agreement which provides for the revision of a provision of the agreement,
(a) the certified bargaining agent and the employer, or an employers' organization representing the employer shall, without delay, but in any case within twenty clear days after the notice was 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; and
(b) 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
(ii) 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,
(iv) a conciliation board has been appointed to endeavour to bring about agreement between them and seven days have elapsed from the date on which the report of the conciliation board was received by the Minister. R.S., c. 475, s. 35.
36 (1) Where the Minister receives a complaint in writing from a party to collective bargaining that any other party to the collective bargaining has failed to comply with Section 35 he may refer the complaint to the Board.
(2) Where a complaint from a party to collective bargaining is referred to the Board pursuant to subsection (1), the Board shall inquire into the complaint and may dismiss the complaint or may make an order requiring any party to the collective bargaining to do the things that, in the opinion of the Board, are necessary to secure compliance with Section 35, and may order an employer to pay to any employee compensation not exceeding a sum which, in the opinion of the Board, is equivalent to the remuneration that would, but for a failure to comply with clause (b) of Section 35, have been paid by the employer to the employee. R.S., c. 475, s. 36.
37 Where a notice to commence collective bargaining has been given in accordance with Section 35, 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 Minister 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 Minister, it is advisable so to do,
the Minister may instruct a conciliation officer to confer with the parties engaged in collective bargaining. R.S., c. 475, s. 37.
38 (1) Where a conciliation officer has, under this Act, been instructed to confer with parties engaged in collective bargaining or to any dispute, he shall, within fourteen days after being so instructed or within any longer period that the Minister may from time to time allow, make a report to the Minister setting out
(a) the matters, if any, upon which the parties have agreed;
(b) the matters, if any, upon which the parties cannot agree; and
(c) any other matter that in his opinion is material or relevant or should be brought to the attention of the Minister.
(2) When a conciliation officer has made a report under subsection (1) he shall forthwith advise the parties to the dispute that he has made a report. R.S., c. 475, s. 38.
(a) a conciliation officer fails to bring about an agreement between the parties engaged in collective bargaining; and
(b) within fourteen days after the conciliation officer makes his report to the Minister both parties to the dispute, either jointly or severally, make application to the Minister for the appointment of a conciliation board to endeavour to bring about agreements between them and each nominates a person who is ready and willing to act to be a member of the board,
the Minister shall appoint a board for that purpose. R.S., c. 475, s. 39.
40 (1) Notwithstanding any other provision of this Act, the Minister may appoint a person as a mediation officer at any time when he is satisfied that the appointment of a mediation officer may bring about settlement of an industrial dispute or prevent an industrial dispute.
(2) It is the function of a mediation officer, and he has power, to
(a) investigate the causes of an existing or potential industrial dispute;
(b) attempt to bring about a settlement of an industrial dispute or to prevent an industrial dispute; or
(c) assist a trade union and employer in the development of effective labour-management relations.
(3) Subject to subsection (4), a mediation officer who makes an investigation shall make a report to the Minister.
(4) When a mediation officer is unable to effect a settlement of an industrial dispute and the circumstances mentioned in Section 37 exist, the mediation officer may, with the consent of the Minister, make a report in accordance with Section 38 and the report shall be deemed to be a report of a conciliation officer for the purposes of this Act. R.S., c. 475, s. 40.
41 A collective agreement entered into by an employer or an employers' organization and a trade union as bargaining agent is, subject to and for the purposes of this Act, binding upon
(a) the bargaining agent and every employee in the unit of employees; and
42 (1) Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration 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. R.S., c. 475, s. 42.
43 (1) An arbitrator or an arbitration board appointed pursuant to this Act or to a collective agreement
(a) shall determine his or its own procedure, but shall give full opportunity to the parties to the proceedings to present evidence and make submissions to him or it;
(b) has, in relation to any proceedings before him or it, the powers conferred on the Board, in relation to any proceedings before the Board by subsections (7) and (8) of Section 16;
(c) has power to determine any question as to whether a matter referred to him or it is arbitrable;
(ii) the collective agreement does not contain a specific penalty for the infraction that is the subject of the arbitration,
(e) has power to treat as part of the collective agreement the provisions of any statute of the Province governing relations between the parties to the collective agreement.
(2) The employer or the employers' organization and the trade union that are parties to the arbitration shall each pay one half of the fees of, and the expenses incurred by, an arbitrator referred to in subsection (1).
(3) Where the arbitration is conducted by an arbitration board referred to in subsection (1), the employer or the employers' organization shall pay the fees and expenses of the member appointed to the arbitration board by the employer or the employers' organization, the trade union shall pay the fees and expenses of the member appointed to the arbitration board by the trade union and the employer or employers' organization and the trade union shall each pay one half of the fees of, and the expenses incurred by, the chairman of the arbitration board.
(4) Where an arbitrator or an arbitration board renders a decision in respect of a dispute or difference, the arbitrator or the chairman of the arbitration board, as the case may be, shall transmit a copy of the written decision to the Minister and to the parties at the same time.
(5) For greater certainty, this Section applies to an arbitration under Section 46A. R.S., c. 475, s. 43; 2000, c. 4, s. 81; 2005, c. 61, s. 5.
44 (1) Notwithstanding anything contained in a collective agreement, the provision required to be contained therein by subsection (1) of Section 42 shall remain in force after the termination of the collective agreement and until the requirements of subsection (1) of Section 47 have been met.
(2) Where a difference arises between the parties to a collective agreement relating to a provision contained in the collective agreement during the period from the date of its termination to the date the requirements of subsection (1) of Section 47 have been met,
(a) an arbitrator or arbitration board may hear and determine the difference; and
(b) Sections 42 and 43 apply to the hearing and determination. R.S., c. 475, s. 44.
45 (1) Notwithstanding anything therein contained, every collective agreement shall, if for a term of less than a year, be deemed to be for a term of one year from the date upon which it came or comes into operation, or if for an indeterminate term shall be deemed to be for a term of at least one year from that date and shall not, except with the consent of the Board, be terminated by the parties thereto within a period of one year from that date.
(2) Nothing in this Section prevents the revision of any provision of a collective agreement, other than a provision relating to the term of the collective agreement, that under the agreement is subject to revision during the term thereof. R.S., c. 475, s. 45.
46 Each of the parties to a collective agreement shall forthwith upon its execution file one copy with the Minister. R.S., c. 475, s. 46.
(a) "arbitration" means a process for determination of a dispute and includes an adjudication under the Civil Service Collective Bargaining Act, the Corrections Act or the Highway Workers Collective Bargaining Act;
(b) "dispute" means a dispute between the parties to a collective agreement relating to the interpretation, application or administration of the collective agreement or an allegation that the agreement has been violated and includes a rights dispute under the Civil Service Collective Bargaining Act, the Corrections Act or the Highway Workers Collective Bargaining Act.
(2) Subject to subsection (4), a party to a collective agreement may apply to the Minister or the Minister's designate for an expedited arbitration on a dispute arising out of the collective agreement.
(3) The party making an application under subsection (2) shall send a copy of the application to the other party to the collective agreement.
(4) An application under subsection (2) may be made when
(a) the grievance procedure under the collective agreement has been exhausted;
(b) five months or more have passed since the date on which the dispute was referred to arbitration; and
(c) no hearings have been commenced.
(5) When a party applies under subsection (2), the Minister
(a) shall, where there is no arbitrator appointed, appoint a single arbitrator under subsection (2) of Section 42;
(b) shall, where there is no hearing date set, order the setting down of a hearing date within thirty days of the order unless the parties mutually agree to another date; and
(ii) where the appointed arbitrator is not available, appoint a different single arbitrator under subsection (2) of Section 42.
(6) An arbitrator appointed under subsection (5) has exclusive jurisdiction to hear and determine the dispute.
(7) An arbitrator shall, when requested by the parties and where appropriate, issue an oral decision no later than seven days after the conclusion of the hearing.
(8) Where an arbitrator provides an oral decision under subsection (7), the arbitrator shall issue to the parties written reasons for the oral decisions within thirty days of the conclusion of the hearing.
(9) Where an arbitrator appointed under this Section withdraws, is incapacitated or otherwise unable to carry out the arbitrator's responsibilities, the Minister may at the request of either party and after consulting with the parties and the arbitrator, if possible, appoint a new arbitrator to hear and determine the dispute.
(10) The decision of an arbitrator pursuant to this Section is final and binding upon the parties and upon any employee or employer affected by it.
(11) The Minister may establish a list of approved arbitrators for appointments under this Section based upon advice provided by an advisory committee.
(12) The Minister shall constitute an advisory committee with the following seven members for the purpose of advising the Minister respecting the selection of arbitrators and matters relating to arbitration:
(a) three members representing trade unions;
(b) three representing employers; and
(c) a designated chair as chosen by the Minister.
(13) The costs of arbitration pursuant to this Section must be shared equally between the parties. 2005, c. 61, s. 6; 2006, c. 48, s. 1.
46B For the purpose of Section 46A,
(a) the employer under the Civil Service Collective Bargaining Act;
(b) the Nova Scotia Government Employees Union acting under the Civil Service Collective Bargaining Act;
(c) the Employer under Schedule A to the Corrections Act;
(d) the Union determined pursuant to Part I of the Corrections Act;
(e) the Employer under the Highway Workers Collective Bargaining Act; and
(f) the Nova Scotia Highway Workers Union, CUPE Local 1867, or a successor union determined pursuant to the Highway Workers Collective Bargaining Act,
are parties to disputes that relate to them under that Section. 2005, c. 61, s. 6.
46C Where an application or a number of applications under subsection (2) of Section 46A concerns several disputes arising under the collective agreement, on the request of both parties, the Minister may appoint an arbitrator under subsection (2) of that Section to deal with all of the disputes. 2005, c. 61, s. 6.
47 (1) No employee shall strike and no trade union shall declare or authorize a strike of employees, and the employer shall not declare or cause a lockout of employees until
(a) the trade union is entitled on behalf of the employees by notice under this Act to require the employer to commence collective bargaining; and
(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 or a revision thereof,
(c) a conciliation officer has been appointed and has failed to bring about an agreement between the parties and fourteen days have elapsed from the date on which the report of the conciliation officer was made to the Minister; or
(d) a conciliation board has been appointed to endeavour to bring about agreement between the parties and seven days have elapsed from the date on which the report of the conciliation board was received by the Minister.
(2) No employee shall strike and no trade union shall declare or authorize a strike of employees, and the employer shall not declare or cause a lockout of employees more than six months after the date upon which the times provided by clause (c) or (d) of subsection (1) has expired unless either party has thereafter requested conciliation services in accordance with Section 37 and the times provided by clause (c) or (d) of subsection (1) have again expired.
(3) Notwithstanding anything contained in this Act,
(a) no person shall declare or authorize a strike and no employee shall strike until after a secret vote by ballot of employees in the unit affected as to whether to strike or not to strike has been taken and the majority of such employees have voted in favour of a strike; and
(b) no person shall declare or authorize a strike or lockout and no employee shall strike until forty-eight hours after receipt by the Minister of a notice of strike or lockout. R.S., c. 475, s. 47.
48 (1) Subject to subsection (2), where a collective agreement is in force, except in respect of a dispute that arises between the parties thereto with reference to the revision of a provision of the agreement that by the agreement is expressly subject to revision during the term of the agreement,
(a) no employer bound by or who is a party to the collective agreement shall declare or cause a lockout with respect to any employee bound by the collective agreement or on whose behalf the collective agreement was entered into; and
(b) no employee bound by the collective agreement or on whose behalf a collective agreement has been entered into shall go on strike and no trade union shall declare or authorize a strike of any such employee.
(2) Where a dispute arises between the parties to a collective agreement with reference to a revision of a provision of the agreement in accordance with subsection (2) of Section 44, subsection (1) of Section 47 shall apply. R.S., c. 475, s. 48.
49 (1) In any case where a vote of both employers and employees is in favour of the acceptance of the report of a conciliation board, no employer shall cause a lockout and no employee shall go on strike and no person shall declare or authorize a strike or lockout.
(2) No employee within the terms of subsection (2) of Section 4 shall strike or participate in a strike until a period of thirty days has elapsed from the expiry of any time during which a strike is prohibited by Section 47.
(3) 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. 475, s. 49; 2004, c. 47, s. 1.
50 (1) In this Section and Sections 51 and 52,
(a) "person" includes a trade union, council of trade unions, employee, employer, employers' organization and any agent, attorney or counsel of a person, trade union, council of trade unions, employee, employer or employers' organization;
(b) "work stoppage" means any discontinuance or cessation of all or any part of the normal work or activity carried on by an employer and employees on whose behalf a trade union is certified as bargaining agent caused by
(2) No person shall cause, authorize, participate in or commit a work stoppage. R.S., c. 475, s. 50.51 (1) Any person who claims to be involved in or affected by acts contrary to Section 50 may make a complaint to the Board identifying the complainant and the circumstances and nature of the work stoppage.
(2) If the Board is satisfied after investigation of the complaint that Section 50 has not been complied with, the Board, notwithstanding any provision of this Act, may issue an interim order requiring any person named in the order to forthwith cease and desist any activity or action or to perform any act or commence any activity or action stated in the interim order.
(3) Where there has been a complaint under subsection (1), the Board may, before or after the making of an interim order under subsection (2), authorize an officer of the Department of Labour or a person designated by the Minister, to inquire into the acts complained of, to endeavour to effect a settlement and to make a report to the Board.
(4) If the officer of the Department of Labour or a person designated by the Minister is unable to effect a settlement or if the complainant or a person named in an interim order so requests in writing, the Board shall conduct a hearing for the purpose of considering evidence and representations together with the report made in accordance with subsection (3) and shall arrive at a decision with respect to the complaint.
(5) The decision shall be in the form of and issued as an order of the Board and may
(a) require any person to forthwith cease and desist any activity or action or to perform any act or commence any activity or action;
(b) confirm, vary or rescind an interim order.
(6) An interim order in accordance with subsection (2) or a decision in accordance with subsection (5) may, in the case of a jurisdictional dispute, direct the assignment of work to persons skilled in or belonging to a specific trade or craft or a specific trade union and the direction shall bind and govern all the parties involved in or affected by the jurisdictional dispute unless
(a) an agreement in writing respecting the assignment of the work made between the employer and the trade union or unions involved in or affected by the jurisdictional dispute is filed with the Board; or
(b) the jurisdictional dispute is submitted to a tribunal or to arbitration and the tribunal or arbitrator renders a decision that binds the parties to a settlement of the jurisdictional dispute.
(7) For the purposes of subsection (6), where the Board has made a direction with respect to the assignment of work pursuant to Section 52, the Board may include the same direction in an interim order or decision.
(8) An interim order in accordance with subsection (2) or decision of the Board in accordance with subsection (5) shall have the force and effect of law and shall be binding upon and govern the persons involved in or affected by acts contrary to Section 50 and shall bind and govern any person named in the interim order or decision.
(9) For the purposes of this Section, a person is named in an interim order or decision if the person is one of the persons included in classes or groups of persons or in a general description of persons.
(10) The Board may publish an interim order or decision in any manner the Board considers appropriate and may cause a copy of an interim order or decision to be served on, delivered to or otherwise brought to the attention of any person named in the interim order or decision.
(11) An interim order in accordance with subsection (2) is deemed to be in force until a decision in accordance with subsection (5) is made or the Board makes an order rescinding or varying the interim order and a decision in accordance with subsection (5) is deemed to be in force unless the Board makes a further order rescinding or varying the decision. R.S., c. 475, s. 51.
52 (1) Where a person has reasonable grounds for believing and does believe that a stoppage of all or any part of the work carried on by one or more employers and employees represented by one or more trade unions is likely to occur as the result of a jurisdictional dispute, the person may make a complaint to the Board.
(2) The complaint shall identify the complainant and state the grounds for the complaint and the nature of the jurisdictional dispute.
(3) If the Board is satisfied after investigation of the complaint that a stoppage of work is likely to occur as a result of a jurisdictional dispute, the Board may issue an interim order directing the assignment of work to persons skilled in or belonging to a specific trade or craft or belonging to a specific trade union.
(4) A trade union, employer or employers' organization involved in a jurisdictional dispute in respect of which an interim order has been made, may apply to the Board to review the interim order and the Board shall conduct a hearing and may by order confirm, vary or revoke the interim order.
(5) An interim order made by the Board under this Section and any order confirming, varying or revoking the interim order binds and governs all the parties involved in or affected by the jurisdictional dispute to which the order relates unless
(a) an agreement in writing respecting the assignment of the work made between the employer and the trade union or unions involved in or affected by the jurisdictional dispute is filed with the Board; or
(b) the jurisdictional dispute is submitted to a tribunal or to arbitration and the tribunal or arbitrator renders a decision that binds the parties to a settlement of the jurisdictional dispute. R.S., c. 475, s. 52.
52A (1) In this Section, "police bargaining unit" means a unit that includes police constables or officers 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.
(2) Notwithstanding anything contained in this Act,
(a) no police constable or officer or member of a police bargaining unit has the right to strike; and
(b) no employer shall lock out a police constable or officer or member of a police bargaining unit.
(3) The right to strike and the right to lock out police constables or officers and members of a police bargaining unit is hereby replaced with interest arbitration.
(4) Only the items listed in the Schedule to this Act may be considered by an arbitration board in an interest arbitration under this Section. 2004, c. 47, s. 2; 2006, c. 48, s. 3.
(a) "firefighter" means a full-time firefighter and, for greater certainty, does not include a volunteer firefighter;
(b) "firefighter bargaining unit" means a unit that includes firefighters 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;
(c) "pre-existing collective agreement" means a collective agreement between a firefighter bargaining unit and an employer which was in effect immediately before this Section coming into force.
(2) Notwithstanding anything contained in this Act,
(a) no firefighter or member of a firefighter bargaining unit has the right to strike; and
(b) no employer shall lock out a firefighter or member of a firefighter bargaining unit.
(3) The right to strike and the right to lock out firefighters and members of a firefighter bargaining unit is hereby replaced with interest arbitration.
(4) Only the items listed in the Schedule to this Act may be considered by an arbitration board in an interest arbitration under this Section.
(5) Notwithstanding subsection (2) or anything else contained in this or any other Act, this Section does not apply to the following firefighter bargaining units, their employer, the union representing those employees and their successors as provided in the following clauses:
(a) the firefighter bargaining unit of the Halifax Regional Municipality as represented by the International Association of Fire Fighters, Local 268 until their pre-existing collective agreement expires on May 31, 2016;
(b) the firefighter bargaining unit of the Town of Yarmouth as represented by the International Association of Fire Fighters, Local 2094 until their pre-existing collective agreement expires on December 31, 2008; and
(c) a firefighter bargaining unit with a pre-existing collective agreement designated in regulations made by the Governor in Council for the purpose of this subsection. 2006, c. 48, s. 4.
52B 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
(a) a new collective agreement has been concluded; or
(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 interest-arbitration board has made an award. 2004, c. 47, s. 2.
(a) a conciliation officer fails to bring about an agreement between the parties engaged in collective bargaining; and
(b) the conciliation officer makes a report to the Minister,
the employer or the union shall notify the other party in writing of its desire to submit the collective agreement to an interest-arbitration board composed of one person unless the parties agree to submit the collective agreement to an interest-arbitration board of three persons. 2004, c. 47, s. 2.
52D (1) Where the interest-arbitration board referred to in Section 52C is to be composed of one person, the employer and the union shall, within ten days after delivery of the notification referred to in that Section, attempt to agree on a person satisfactory to both parties to be the interest-arbitration board and, if agreement is reached, that person is appointed as the interest-arbitration board.
(2) Where the parties are unable to agree on a person to be the interest-arbitration board pursuant to subsection (1), either party may apply to the Minister to appoint a person to be the interest-arbitration board and the Minister shall appoint a person.
(3) The employer and the union shall each pay one half of the fees of, and expenses incurred by, an interest-arbitration board appointed pursuant to subsection (1) or (2).
(4) Where an interest-arbitration board is appointed pursuant to subsection (1) or (2) the person appointed is the chair for the purpose of subsection (4) of Section 52F and Section 52G. 2004, c. 47, s. 2.
52E (1) Where the employer and the union agree pursuant to Section 52C to appoint an interest-arbitration board composed of three persons, the party that gave notification pursuant to that Section shall, within seven days of the date of the agreement, give notice of its readiness to proceed pursuant to this Section.
(2) The party giving the notice referred to in subsection (1) shall in and with the notice give the name of a person to act as its nominee on the interest-arbitration board and request that the other party name a person to act as its nominee on the board.
(3) The party to whom notice is given pursuant to subsections (1) and (2) shall, within seven days of the receipt of such notice, appoint a person to be its nominee on the interest-arbitration board and shall, within those seven days, notify in writing the other party of the name of the person so appointed.
(4) Where a party fails to appoint a member to the interest-arbitration board and give notice thereof as required by subsection (3), the Minister, on the application of the party who has appointed a member pursuant to subsection (2), shall, within seven days, appoint a person to act on the interest-arbitration board as the nominee of the party who has failed to appoint a member.
(5) The two members appointed pursuant to subsections (2), (3) and (4) shall, within seven days after the day on which the second of them is appointed, appoint a third person to be a member and chair of the interest-arbitration board.
(6) Where the two members fail or neglect to make an appointment as required by subsection (5), the Minister, on the application of either party, shall within seven days appoint a third person to be a member and chair of the interest-arbitration board.
(7) The decision of a majority of the interest-arbitration board shall be the decision of the arbitration board.
(8) The employer shall pay the fees and expenses of the member appointed to the interest-arbitration board by or on behalf of the employer, the union shall pay the fees and expenses of the member appointed to the interest-arbitration board by or on behalf of the union, and the employer and the union shall each pay one half of the fees of, and expenses incurred by, the chair of the interest-arbitration board. 2004, c. 47, s. 2.
52F (1) An interest-arbitration board appointed pursuant to Section 52D or 52E or a collective agreement
(a) shall determine the procedure to be followed during the arbitration, but shall give full opportunity to the parties to the proceeding to present evidence and make submissions to the arbitrator; and
(b) has, in relation to any proceedings before the arbitrator, the powers conferred on the Board, in relation to any proceedings before the Board, by subsections (7) and (8) of Section 16,
and the parties to the proceedings may
(c) appear and be heard and be represented by counsel; and
(d) call witnesses and examine or cross-examine all witnesses.
(2) As soon as possible after conducting a hearing into the matters referred to it, the interest-arbitration board shall make an award and in its award deal with each item in dispute.
(3) An award of an interest-arbitration board is binding upon
(a) the union and every employee in the unit on whose behalf it was bargaining collectively; and
and the employer and the union shall give effect to it.
(4) Every award of an interest-arbitration board must be signed by the chair of the board. 2004, c. 47, s. 2.
52G Where an interest-arbitration board renders an award, the chair of the interest-arbitration board shall make a report and transmit it to the Minister and to the parties. 2004, c. 47, s. 2.
53 (1) No employer and no person acting on behalf of an employer shall
(a) participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; or
(b) contribute financial or other support to a trade union.
(2) An employer is deemed not to contravene subsection (1) by reason only that he
(a) in respect of a trade union that is the bargaining agent for a bargaining unit comprised of or including employees of the employer,
(ii) provides free transportation to representatives of the trade union for purposes of collective bargaining, the administration of a collective agreement and related matters, or
(iii) permits the trade union to use his premises for the purposes of the trade union; or
(3) No employer and no person acting on behalf of an employer shall
(a) refuse to employ or to continue to employ any person or otherwise discriminate against any person in regard to employment or any term or condition of employment, because the person
(ii) has been expelled or suspended from membership in a trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union,
(iii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Act,
(iv) has made or is about to make a disclosure that he may be required to make in a proceeding under this Act,
(v) has made an application or filed a complaint under this Act,
(vi) has participated in a strike that is not prohibited by this Act or exercised any right under this Act;
(c) suspend, discharge or impose any financial or other penalty on an employee or take any other disciplinary action against an employee, by reason of his refusal to perform all or some of the duties and responsibilities of another employee who is participating in a strike that is not prohibited by this Act;
(d) deny to any employee any pension rights or accrued benefits to which the employee would be entitled but for
(ii) making a disclosure that he may be required to make in a proceeding under this Act,
(iii) making an application or filing a complaint under this Act;
(g) bargain collectively for the purpose of entering into a collective agreement, or enter into a collective agreement with a trade union in respect of a bargaining unit if another trade union is the bargaining agent for that bargaining unit. R.S., c. 475, s. 53.
54 No trade union and no person acting on behalf of a trade union shall
(a) seek to compel an employer to bargain collectively with the trade union if the trade union is not the bargaining agent for a bargaining unit that includes employees of the employer;
(b) bargain collectively for the purpose of entering into a collective agreement or enter into a collective agreement with an employer in respect of a bargaining unit, if that trade union or person knows or, in the opinion of the Board, ought to know that another trade union is the bargaining agent for that bargaining unit;
(c) participate in or interfere with the formation or administration of an employers' organization;
(d) 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 a trade union;
(e) require an employer to terminate the employment of an employee because he has been expelled or suspended from membership in the trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union;
(f) expel or suspend an employee from membership in the trade union or deny membership in the trade union to any person by applying to him in a discriminatory manner the membership rules of the trade union;
(g) take disciplinary action against or impose any form of penalty on an employee by applying to him in a discriminatory manner the standards of discipline of the trade union;
(h) expel or suspend an employee from membership in the trade union or take disciplinary action against or impose any form of penalty on an employee by reason of his having refused to perform an act that is contrary to this Act; or
(i) discriminate against a person in regard to employment, a term or condition of employment or membership in a trade 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 under this Act, or
(iii) has made an application or filed a complaint under this Act. R.S., c. 475, s. 54.
54A (1) In this Section, "employee" includes an employee within the meaning of each of the Civil Service Collective Bargaining Act, Schedule A to the Corrections Act and the Highway Workers Collective Bargaining Act.
(2) In this Section and subsection (3) of Section 55, "trade union" includes
(a) the Nova Scotia Government Employees Union acting under the Civil Service Collective Bargaining Act;
(b) the Union determined pursuant to Part I of the Corrections Act; and
(c) the Nova Scotia Highway Workers Union, CUPE Local 1867, or a successor union determined pursuant to the Highway Workers Collective Bargaining Act.
(3) No trade union and no person acting on behalf of a trade union shall act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any employee in a bargaining unit for which that trade union is the bargaining agent with respect to the employee's rights under a collective agreement. 2005, c. 61, s. 7.
55 (1) Subject to subsections (2) to (5), any person or organization may make a complaint in writing to the Board that an employer, a person acting on behalf of an employer, a trade union, a person acting on behalf of a trade union or an employee has failed to comply with Section 53 or 54 or subsection (3) of Section 54A.
(2) Subject to this Section, a complaint shall be made to the Board pursuant to subsection (1) not later than ninety days from the date on which the complainant knew, or in the opinion of the Board ought to have known, of the action or circumstances giving rise to the complaint.
(3) Subject to subsection (4), no complaint shall be made to the Board under subsection (1) or under subsection (3) of Section 54A on the ground that a trade union or any person acting on behalf of a trade union has failed to comply with clause (f) or (g) of Section 54 or subsection (3) of Section 54A unless
(a) the complainant has presented a grievance or appeal in accordance with any procedure
(ii) has not, within six months from the date on which the complainant first presented his grievance or appeal pursuant to clause (a), dealt with his grievance or appeal; and
(4) The Board may, on application to it by a complainant, hear a complaint in respect of an alleged failure by a trade union to comply with clause (f) or (g) of Section 54 that has not been presented as a grievance or appeal to the trade union, if the Board is satisfied that
(a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or
(b) the trade union has not given the complainant ready access to a grievance or appeal procedure.
(5) Except with the consent in writing of the Minister, no complaint shall be made to the Board under subsection (1) in respect of an alleged failure to comply with clause (g) of subsection (3) of Section 53 or clause (a) or (b) of Section 54. R.S., c. 475, s. 55; 2005, c. 61, s. 8.
56 (1) Subject to subsection (2), upon receipt of a complaint made under Section 55 the Board
(a) may assist the parties to the complaint to settle the complaint; and
(b) where the Board does not act under clause (a) or the complaint is not settled within such period as the Board considers to be reasonable in the circumstances, shall hear and determine the complaint.
(2) The Board may refuse to hear and determine any complaint made pursuant to Section 55 in respect of a matter that, in the opinion of the Board, could be referred by the complainant pursuant to a collective agreement to an arbitrator or arbitration board.
(3) Where the complainant establishes that it is reasonable to believe that there may have been failure by an employer or any person acting on behalf of an employer to comply with clause (a) of subsection (3) of Section 53, the burden of proving there is no failure shall be upon the employer or the person acting on behalf of the employer.
(4) The Board may refuse to hear and determine any complaint made pursuant to Section 55 in respect of an alleged failure by a trade union or a person acting on behalf of a trade union to comply with Section 54A if the Board considers the complaint to be frivolous, vexatious or otherwise not worthy of a hearing. R.S., c. 475, s. 56; 2005, c. 61, s. 9.
56A (1) Where the Board receives a written complaint that a trade union or a person acting on behalf of a trade union has contravened subsection (3) of Section 54A, the Board shall appoint an employee within the Department of Environment and Labour, or a person appointed by the Minister, as a review officer to review the complaint to determine whether there is sufficient evidence of a breach of the duty of fair representation.
(2) Where a review officer appointed pursuant to subsection (1) is not satisfied on initial review that there is sufficient evidence of a failure to comply with subsection (3) of Section 54A, the review officer shall dismiss the complaint.
(3) Where a review officer decides not to dismiss the complaint pursuant to subsection (2), the review officer shall serve notice of the complaint on the trade union against which the complaint is made and request a response from the trade union.
(4) Where a review officer has received a response from a trade union to a request made pursuant to subsection (3) and is not satisfied that there is sufficient evidence of a failure to comply with subsection (3) of Section 54A, the review officer shall dismiss the complaint.
(5) Where a review officer has received a response from a trade union to a request made pursuant to subsection (3) or the trade union has failed to respond to the request within such period of time as the review officer considers necessary, and where the review officer believes that there has been a failure to comply with subsection (3) of Section 54A, the review officer shall
(a) effect a settlement, if possible; or
(b) where not possible, refer the complaint to the Board for disposition.