BILL NO. 138
(as passed, with amendments)
1st Session, 59th General Assembly
53 Elizabeth II, 2004
Private Member's Bill
Trade Union Act
CHAPTER 47 OF THE ACTS OF 2004
First Reading: October 13, 2004 (LINK TO BILL AS INTRODUCED)
Second Reading: October 14, 2004
Third Reading: October 18, 2004 (WITH COMMITTEE AMENDMENTS)
Royal Assent: October 18, 2004
Be it enacted by the Governor and Assembly as follows:
1 Subsection 49(2) of Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, is amended by striking out "No police constable or officer, and no" in the first line and substituting "No".
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that is a party to an agreement filed pursuant to subsection (2) of Section 30 and the certification of which has not been revoked.
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
(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.
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.
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.
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.
(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.
(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
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