BILL NO. 91

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004

Private Member's Bill

Trade Union Act
(amended)

Russell MacKinnon
Cape Breton West

First Reading: September 23, 2004

(Explanatory Note)

Second Reading:

Third Reading:

This Bill removes the right to strike of police officers and replaces the right to strike with a system of interest arbitration.

Be it enacted by the Governor and Assembly as follows:

2 Chapter 475 is further amended by adding immediately after Section 52 the following heading and Sections:

INTEREST ARBITRATION

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that is a party to an agreement filed pursuant to subsection (2) of Section 30 and the certification of which has not been revoked.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, no police constable or officer or member of a police bargaining unit has the right to strike.

(3) Notwithstanding anything contained in this Act, no employer shall lock out a police constable or officer or member of a police bargaining unit.

(4) 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.

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 arbitrator has made an award.

52C (1) Where

(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 or both shall notify the other party in writing of its desire to submit the collective agreement to interest arbitration.

(2) Where, within five days of the notification referred to in subsection (1), the parties fail to agree on an interest arbitrator, the Minister, upon the request of either party, shall appoint the arbitrator.

(3) The person agreed to by the parties as an interest arbitrator or, in the absence of agreement, the person appointed by the Minister pursuant to subsection (2), constitutes the interest arbitration board.

52D (1) An interest arbitrator appointed pursuant to Section 52C 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;

(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 subsection (7) of Section 16; and

(c) shall conduct the hearing de novo and the parties to the proceedings may

(i) appear and be heard and be represented by counsel, and

(ii) call witnesses and examine or cross-examine all witnesses.

(2) The interest arbitrator shall hear and resolve the terms and conditions of employment in dispute and shall issue an award, in writing, which forms part or all of the collective agreement.

(3) An award of an interest arbitrator is binding upon

(a) the union and every employee in the unit on whose behalf it was bargaining collectively; and

(b) the employer,

and the employer and the union shall give effect to it.

(4) Where both the union and the employer agree and both parties nominate a person to an interest-arbitration board, the interest arbitrator pursuant to this Section shall be replaced by an interest-arbitration board, the decision of the majority of the interest-arbitration board is the decision of the interest-arbitration board and the provisions of this Act respecting an interest arbitrator apply mutatis mutandis to an interest-arbitration board.

(5) Every award of an interest arbitrator shall be signed by the interest arbitrator or a majority of the interest-arbitration board, as the case may be.

52E Where an interest arbitrator or an interest-arbitration board renders an award, the interest arbitrator or the chair of the interest-arbitration board, as the case may be, shall make a report and transmit it to the Minister and to the parties.

52F The remuneration and expenses of the interest arbitrator shall be paid by the Minister.