BILL NO. 39

(as introduced)

5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013

Private Member's Bill

Trade Union Act
(amended)

The Honourable Jamie Baillie
Cumberland South

First Reading: April 11, 2013

(Explanatory Note)

Second Reading:

Third Reading:

This Bill amends the Trade Union Act to provide for the continued operation of Metro Transit's Access-A-Bus service, Transit Cape Breton's Handi-Trans service and similar services in the event of a labour dispute.

49A (1) In this Section,

(a) "accessible transit employee" means a full-time or part-time employee of a municipality who performs duties and functions that entitle that employee to pay on a regular basis, who is a member of a transit bargaining unit and who has duties respecting an accessible bus service but, for greater certainty, does not include a consultant or independent contractor;

(b) "accessible transit service" means a transit service for persons who are unable to use a conventional transit service due to a physical or cognitive disability;

(c) "transit bargaining unit" means the unit of employees that includes the employees employed by a municipality to operate and maintain its accessible transit service;

(d) "municipality" means a regional municipality, an incorporated town or a municipality of a county or district and includes an agency of a municipality operating a municipal transit service.

(2) Notwithstanding a strike by or a lockout of the employees in a transit bargaining unit, a municipality shall not lock out any accessible transit employee and no accessible transit employee shall go on strike.

(3) In the event of a work stoppage by a municipal transit service by strike, by lockout or for any other reason, the municipality and the union representing the transit bargaining unit shall ensure that the accessible transit service is maintained on its regular schedule as prescribed by the regulations.

(4) The Governor in Council may make regulations

(a) respecting the maintenance of accessible transit services during a strike, lockout or other work stoppage;

(b) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Section.

(5) The exercise by the Governor in Council of the authority contained in subsection (4) is a regulation within the meaning of the Regulations Act.