BILL NO. 219

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Private Member's Bill

Trade Union Act
(amended)

Darrell Dexter
Cole Harbour

First Reading: May 18, 2005

(Explanatory Notes)

Second Reading: May 19, 2005

Third Reading: December 8, 2005 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Clause 1

Clause 3 provides for the appointment of more than one Vice-chair of the Labour Relations Board.

Clause 10 allows the Labour Relations Board to order a trade union to rectify a breach of the duty of fair representation.

1 Section 4 of Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, is amended by adding immediately after subsection (2) the following subsections:

(3) Notwithstanding subsection (1), Sections 46A, 54A and 56A apply to Her Majesty in right of the Province and employees of Her Majesty in right of the Province.

(4) Sections 55 to 57 and 78 apply to complaints of a failure to comply with Section 54A made against

(a) the Nova Scotia Government Employees Union or a person acting on behalf of the Union pursuant to the Civil Service Collective Bargaining Act;

(b) the Union determined pursuant to Part I of the Corrections Act or a person acting on behalf of the Union; or

(c) the Nova Scotia Highway Workers Union, CUPE Local 1867 or a successor union determined pursuant to the Highway Workers Collective Bargaining Act or a person acting on behalf of the Union.

2 Section 8 of Chapter 475 is amended by adding "or 46A" immediately after "42" in the second line.

3 Subsection 16(4) of Chapter 475 is amended by

(a) striking out "another person as Vice-chairman" in the second line and substituting "other persons as Vice-chairmen"; and

(b) striking out "the" both times it appears in the sixth line and substituting in each case "a".

4 Section 43 of Chapter 475, as amended by Chapter 4 of the Acts of 2000, is further amended by adding immediately after subsection (4) the following subsection:

(5) For greater certainty, this Section applies to an arbitration under Section 46A.

5 Chapter 475 is further amended by adding immediately after Section 46 the following Sections:

46A (1) In this Section, "rights dispute" means a dispute between the parties to a collective agreement relating to the interpretation, application or administration of the collective agreement or an allegation that the agreement has been violated and includes a rights dispute under the Civil Service Collective Bargaining Act, the Corrections Act or the Highway Workers Collective Bargaining Act.

(2) Notwithstanding the provisions for final settlement of a rights dispute contained in a collective agreement or deemed to be contained in a collective agreement under any Act of the Legislature, within forty-five days of a matter in dispute being brought by one party to the dispute to the attention of the other party to the dispute or after the parties having exhausted a grievance procedure, whichever comes first, either party may apply to the Minister to have a single arbitrator appointed to deal with the dispute.

(3) An application under subsection (2) may not be made by a party if the dispute has been referred to arbitration or adjudication by that party under a collective agreement, or if the time stipulated in, or permitted by, the collective agreement for referring the dispute to arbitration or adjudication, if any, has expired.

(4) Upon an application pursuant to subsection (2), the Minister shall forthwith appoint a single arbitrator to hear and determine the matter arising out of the dispute who has exclusive jurisdiction to hear and determine the matter.

(5) The party making an application under subsection (2) shall send a copy of the application to the other party to the collective agreement.

(6) An arbitrator appointed by the Minister must begin a hearing on a dispute within thirty days of the appointment of the arbitrator and must complete the hearing as expeditiously as possible.

(7) The written decision of the arbitrator shall be issued within ninety days of the commencement of the hearing and the decision shall include the decision of the arbitrator on the matter in dispute along with a summary of the reasons for the decision.

(8) Notwithstanding subsections (6) and (7), the arbitrator may, with the consent of the parties, extend the time frame for conducting a hearing and rendering a written decision.

(9) The arbitrator shall, when requested by the parties, issue an oral decision no later than seven days after the conclusion of the hearing.

(10) Where an arbitrator provides an oral decision under subsection (9), the arbitrator shall issue to the parties and file with the Minister written reasons for the oral decision within thirty days of the conclusion of the hearing.

(11) Where an arbitrator withdraws, is incapacitated or otherwise unable to carry out the arbitrator's responsibilities, the Minister may, at the request of either party to the arbitration and after consulting with the parties and the arbitrator, if possible, appoint a new arbitrator to hear and determine the matter.

(12) The decision of an arbitrator pursuant to this Section is final and conclusive and not open to question or review.

(13) The Minister may establish a list of approved arbitrators for appointments under this Section and, for the purpose of advising the Minister respecting people qualified to act as arbitrators and matters relating to arbitration, the Minister shall constitute an advisory committee composed of a chair designated by the Minister and six other members, three of whom represent employers and three of whom represent trade unions.

(14) Where an application for the appointment of an arbitrator is not made within forty-five days of a matter in dispute being brought by one party to the dispute to the attention of the other party to the dispute or after having exhausted the grievance procedure, whichever comes first, the provisions of the collective agreement respecting grievance and arbitration apply.

(15) A failure to render a decision within the time limits provided in this Section does not invalidate the proceedings or terminate the authority of the arbitrator.

46B For the purpose of Section 46A,

(a) the employer under the Civil Service Collective Bargaining Act;

(b) the Nova Scotia Government Employees Union acting under the Civil Service Collective Bargaining Act;

(c) the Employer under Schedule A to the Corrections Act;

(d) the Union determined pursuant to Part I of the Corrections Act;

(e) the Employer under the Highway Workers Collective Bargaining Act; and

(f) the Nova Scotia Highway Workers Union, CUPE Local 1867, or a successor union determined pursuant to the Highway Workers Collective Bargaining Act,

are parties to disputes that relate to them under that Section.

46C

Where an application or a number of applications under subsection (2) of Section 46A concerns several disputes arising under the collective agreement, on the request of both parties, the Minister may appoint an arbitrator under subsection (2) of that Section to deal with all of the disputes.

6 Chapter 475 is further amended by adding immediately after Section 54 the following Section:

54A (1) In this Section, "employee" includes an employee within the meaning of each of the Civil Service Collective Bargaining Act, Schedule A to the Corrections Act and the Highway Workers Collective Bargaining Act.

(2) In this Section and subsection (3) of Section 55, "trade union" includes

(a) the Nova Scotia Government Employees Union acting under the Civil Service Collective Bargaining Act;

(b) the Union determined pursuant to Part I of the Corrections Act; and

(c) the Nova Scotia Highway Workers Union, CUPE Local 1867, or a successor union determined pursuant to the Highway Workers Collective Bargaining Act.

(3) No trade union and no person acting on behalf of a trade union shall act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any employee in a bargaining unit for which that trade union is the bargaining agent with respect to the employee's rights under a collective agreement.

7 (1) Subsection 55(1) of Chapter 475 is amended by adding "or subsection (3) of Section 54A" immediately after "54" in the sixth line.

(2) Subsection 55(3) of Chapter 475 is amended by

(a) adding "or under subsection (3) of Section 54A" immediately after (1) in the second line; and

(b) adding "or subsection (3) of Section 54A" immediately after "54" in the fourth line.

8 Section 56 of Chapter 475 is amended by adding immediately after subsection (3) the following subsection:

(4) The Board may refuse to hear and determine any complaint made pursuant to Section 55 in respect of an alleged failure by a trade union or a person acting on behalf of a trade union to comply with Section 54A if the Board considers the complaint to be frivolous, vexatious or otherwise not worthy of a hearing.

9 Chapter 475 is further amended by adding immediately after Section 56 the following Section:

56A (1) Where the Board receives a written complaint of a failure to comply with subsection (3) of Section 54A, the Board shall appoint a review officer, from a list of review officers approved by the Minister, to examine the complaint.

(2) Where the review officer believes that there has been a failure to comply with subsection (3) of Section 54A, the review officer may

(a) attempt to settle the dispute and shall report to the Board on the review officer's examination of the complaint and any attempts to effect a settlement;

(b) serve written notice of the complaint on the trade union against which the complaint is made and request a response from the trade union; or

(c) refer the complaint to the Board for disposition.

(3) Where a complaint has been referred to the Board by a review officer, the Board may

(a) add a party to the proceeding at any stage of the proceeding;

(b) make a decision on a complaint with or without holding a hearing; and

(c) where the Board is satisfied that the trade union or person acting on behalf of a trade union has contravened subsection (3) of Section 54A, make an order provided for in clause (e) of Section 57 and make an order provided for in Section 78.

(4) A review officer appointed under subsection (1) has all the powers, privileges and immunities of a commissioner appointed under the Public Inquiries Act.

(5) A complaint under subsection (1) may be withdrawn by the complainant upon such conditions as the Board may determine.

(6) A decision or order under subsection (3) is final and conclusive and not open to question or review.

10 Section 57 of Chapter 475 is amended by

(a) striking out "and" at the end of clause (c);

(b) striking out the period at the end of clause (d) and substituting "; and";

and

(c) adding immediately after clause (d) the following clause:

(e) in respect of a failure to comply with Section 54A, by order, require a trade union to rectify any act or omission complained of and refer the matter to arbitration and may order that time limits in a collective agreement be abridged or extended in respect of the arbitration.

11 Section 93 of Chapter 475, as amended by Chapter 35 of the Acts of 1994, is further amended by adding "and Sections 46A, 54A and 56A" immediately after "30" in the second line.

12 (1) Sections 1 to 5 and Section 11 have effect on and after November 1, 2005.

(2) Sections 6 to 10 have effect on and after April 1, 2006.