BILL NO. 46

(as introduced)

3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003

Private Member's Bill

Civil Service Collective Bargaining Act
(amended)

Maureen MacDonald
Halifax Needham

First Reading: May 7, 2003

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1 provides that a person employed on a casual basis for less than twelve continuous months and a person appointed on a temporary or summer employment basis for a period of less than six continuous months are employees for the purpose of the Act.

Clause 2 provides that the Nova Scotia Government and General Employees Union or the employer may request that the Civil Service Employee Relations Board review the bargaining unit structure and establish a new structure.

Clause 3 removes the conciliation step from the dispute-settlement process.

Clauses 4 to 6 make all items in dispute between the parties subject to arbitration.

Clause 7 requires the arbitration process to commence within thirty days of the appointment of the arbitration board.

Subclause 8(1) makes an alleged violation of the collective agreement an adjudicable matter.

Subclause 8(2) increases the powers of the adjudicator or board of adjudication.

Clause 9 provides that any party affected by a decision or order of an adjudicator or a board of adjudication may file the decision or order with the Supreme Court.

Be it enacted by the Governor and Assembly as follows:

1 Clauses 11(1)(c) and (d) of Chapter 71 of the Revised Statutes, 1989, the Civil Service Collective Bargaining Act, are repealed.

2 Subsection 12(4) of Chapter 71 is repealed and the following subsection substituted:

(4) The Union or the employer may request that the Board conduct a review of the bargaining unit structure and, if necessary, establish a new bargaining unit structure.

3 Sections 19 to 21 of Chapter 71 are repealed.

4 (1) Subsection 22(1) of Chapter 71 is amended by striking out "and are arbitral terms and conditions of employment within Schedule B" in the fifth, sixth and seventh lines.

(2) Subsection 22(3) of Chapter 71 is amended by striking out "included within Schedule B and" in the fourth line.

5 Section 23 of Chapter 71 is repealed and the following Section substituted:

23 Where a request for the establishment of an arbitration board is made by either the employer or the bargaining agent, the Board shall establish an arbitration board.

6 Subsection 24(1) of Chapter 71 is amended by striking out "agrees to establish" in the first line and substituting "establishes".

7 Section 26 of Chapter 71 is amended by adding immediately after subsection (1) the following subsections:

(1A) The chairman of the arbitration board shall schedule the first meeting of the arbitration board no later than thirty days after the appointment of the arbitration board, unless a longer period of time is agreed to by both parties.

(1B) Each party shall submit its evidence and argument, in writing, in advance of the arbitration hearing.

8 (1) Clause 33(4)(a) of Chapter 71 is amended by striking out "or application" in the first line and substituting ", application or alleged violation".

(2) Section 33 of Chapter 71 is further amended by adding immediately after subsection (5) the following subsections:

(6) The adjudicator or board of adjudication has, in relation to any proceeding before it, the power to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents and things as the adjudicator or the board deems requisite to the full investigation and consideration of any matter within its jurisdiction that is before the adjudicator or the board in the proceeding.

(7) An adjudicator or board of adjudication has the power to

(a) interpret, apply and give relief in accordance with a statute relating to employment matters, whether or not there is conflict between the statute and the collective agreement;

(b) make the interim orders that the adjudicator or board of adjudication considers appropriate;

(c) consider submissions provided in the form that the adjudicator or board of adjudication considers appropriate or to which the parties agree;

(d) expedite proceedings and prevent abuse of the adjudication process by making the orders or giving the directions that the adjudicator or board of adjudication considers appropriate for those purposes;

(e) determine any question as to whether a matter referred to the adjudicator or board of adjudication is adjudicable;

(f) extend the time for taking any step in the grievance process or adjudication procedure set out in a collective agreement, even after the expiration of time, if the adjudicator or board of adjudication is satisfied that there are reasonable grounds for the extension and that the other party would not be unduly prejudiced by the extension; and

(g) assist the parties, at any stage of a proceeding and where the parties agree, in resolving the difference at issue without prejudice to the power of the adjudicator or board of adjudication to continue the adjudication with respect to the issues that have not been resolved.

9 Section 37 of Chapter 71 is amended by adding immediately after subsection (4) the following subsection:

(5) Any party affected by a decision or order of an adjudicator or a board of adjudication may file the decision or order with the Supreme Court of Nova Scotia and such decision or order has the same force and effect as if it were a decision or order of that Court.