BILL NO. 220

(as introduced)

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

Private Member's Bill

Trade Union Act
(amended)

Frank Corbett
Cape Breton Centre

First Reading: May 19, 2005

(Explanatory Note)

Second Reading:

Third Reading:

This Bill provides that a trade union claiming to have as members in good standing more than sixty per cent of the employees in a unit appropriate for collective bargaining may apply to the Labour Relations Board for certification and the Board may certify the union without holding a vote of the employees.

1 Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, is amended by adding immediately after Section 25 the following Section:

25A (1) Notwithstanding Sections 23 to 25, a trade union claiming to have as members in good standing more than sixty per cent of the employees in a unit appropriate for collective bargaining may make application to the Board to be certified as bargaining agent of the employees in the unit.

(2) When determining whether a trade union represents more than sixty per cent of the employees in a bargaining unit, the Board shall consider whether, at the date of application pursuant to the subsection (1), more than sixty per cent of the employees in the unit had signed applications for membership in the trade union.

(3) Where the Board is satisfied that the trade union represents more than sixty per cent of the employees in the bargaining unit, the Board shall certify the trade union as the bargaining agent of the employees without taking a vote of the employees.

(4) Where there is a dispute between an employer and a trade union about whether the union has applied for the appropriate bargaining unit or whether employees should be included or excluded from the bargaining unit, the dispute shall be resolved by the Board, without a hearing, after giving the employer and the trade union an opportunity to submit documents and make representations to the Board.