BILL NO. 128
2nd Session, 61st General Assembly
59 Elizabeth II, 2010
Trade Union Act
CHAPTER 76 OF THE ACTS OF 2010
The Honourable Marilyn More
Minister of Labour and Workforce Development
First Reading: December 2, 2010 (LINK TO BILL AS INTRODUCED)
Second Reading: December 9, 2010
Third Reading: December 10, 2010
Royal Assent: December 10, 2010
An Act to Amend Chapter 475
of the Revised Statutes, 1989,
the Trade Union Act,
Respecting Powers and Duties
of Arbitrators and Arbitration Boards
Be it enacted by the Governor and Assembly as follows:
(2) Sections 42 and 43A to 43I apply mutatis mutandis to the adjudication of a rights dispute under the Civil Service Collective Bargaining Act, the Highway Workers' Collective Bargaining Act and Schedule A to the Corrections Act.
(b) at any stage of a proceeding, require any party to or person bound by the collective agreement to produce documents or things that may be relevant to the matter before the arbitrator or the arbitration board, after providing the parties the opportunity to make representations;
(d) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath or affirmation and to produce such documents and things as the arbitrator or the arbitration board deems requisite to the full investigation and consideration of a matter, whether admissible in a court of law or not; and
(a) receive and accept such oral or written evidence and information on oath, by affidavit, or otherwise as the arbitrator or arbitration board deems fit, whether the evidence or information is admissible in a court of law or not;
(e) at any reasonable time enter any premises, other than a private dwelling, where work is being done or has been done by the employees or in which the employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to the arbitrator or arbitration board and inspect or view any work, material, machinery, appliance or article at the premises;
(3) An arbitrator or arbitration board, and each member of an arbitration board, has, without limiting the powers set out in this Section, the powers, privileges and immunities of a commissioner under the Public Inquiries Act.
43D An arbitrator or arbitration board may extend the time for the taking of any step in the grievance or arbitration procedure under a collective agreement notwithstanding the expiration of the time if the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.
(2) Where an arbitrator or an arbitration board renders a decision in respect of a dispute or difference, the arbitrator or the chair of the arbitration board shall transmit a copy of the written decision to the Minister and to the parties at the same time.
43G Where an arbitrator or arbitration board determines that an employer has imposed a penalty on an employee, the arbitrator or arbitration board may substitute any other penalty that to the arbitrator or arbitration board seems just and reasonable in the circumstances.
43H (1) Any person or organization affected by any order or decision of an arbitrator or arbitration board may, after fourteen days from the date on which the order or decision is made or given, or from the date provided in it for compliance, whichever is the later date, file in the Supreme Court of Nova Scotia a copy of the order or decision.
(2) On filing an order or decision of an arbitrator or arbitration board in the Supreme Court of Nova Scotia under subsection (1), the order or decision shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order or decision were a judgment obtained in the Court.
( 2) Where the arbitration is conducted by an arbitration board, 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 chair of the arbitration board.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2010 Crown in right of Nova Scotia. Created December 21, 2010. Send comments to email@example.com.