BILL NO. 21

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
52 Elizabeth II, 2003

Private Member's Bill

Trade Union Act
(amended)

Frank Corbett
Cape Breton Centre

First Reading: October 16, 2003

(Explanatory Note)

Second Reading:

Third Reading:

Labour relations for certain highway workers employed by the Department of Transportation and Public Works are governed by the Highway Workers Collective Bargaining Act. This Bill moves these highway workers under the Trade Union Act.

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 4(1) of Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, is amended by striking out "subsection (2)" in the first line and substituting "subsections (2) and (3)".

(2) Section 4 of Chapter 475 is further amended by adding immediately after subsection (2) the following subsection:

(3) This Act applies to persons employed by Her Majesty in right of the Province through the agency of the Department of Transportation and Public Works, paid on an hourly basis and engaged in the construction and maintenance of highways below the rank of supervisor or below the equivalent rank and to Her Majesty in right of the Province in respect of those persons.

2 Chapter 1 of the Acts of 1997 (Second Session), the Highway Workers Collective Bargaining Act, is repealed.

3 Notwithstanding Section 2,

(a) any collective agreement under the Highway Workers Collective Bargaining Act continues as a collective agreement under the Trade Union Act until altered, renegotiated or terminated pursuant to the Trade Union Act or the agreement;

(b) the Union under the Highway Workers Collective Bargaining Act continues as the certified bargaining agent under the Trade Union Act until changed or decertified pursuant to the Trade Union Act;

(c) decisions in grievances and arbitrations under the Highway Workers Collective Bargaining Act are binding upon the Employer, the Union and the employees under that Act as if made pursuant to the Trade Union Act;

(d) grievances and arbitrations in progress under the Highway Workers Collective Bargaining Act shall be continued and decided under that Act and any decision given is binding upon the Employer, the Union and the employees under that Act as if made pursuant to the Trade Union Act; and

(e) all other matters under the Highway Workers Collective Bargaining Act continue under and in accordance with the Trade Union Act.