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RSNL1990 CHAPTER I-18

INTERNS AND RESIDENTS COLLECTIVE
BARGAINING ACT

Amended:

2006 c40 s21; 2013 c16 s25; 2014 c19 s12

CHAPTER I-18

AN ACT TO GOVERN COLLECTIVE BARGAINING BETWEEN THE GOVERNMENT OF THE
PROVINCE AND THE INTERNS AND RESIDENTS IN THE PROVINCE

Analysis


       
1.   Short title

       
2.   Interpretation

       
3.   Administration

       
4.   Right of employee

       
5.   Right of employer

       
6.   Application for certification

       
7.   Powers of board re certification

       
8.   Effect of certification

       
9.   Transitional provisions

     
10.   Essential employees

     
11.   Certification revoked or terminated

     
12.   Government negotiator

     
13.   Notice for collective bargaining

     
14.   Collective bargaining requested

     
15.   Effect of notice to bargain

     
16.   Conciliation officer

     
17.   Report by conciliation officer

     
18.   Appointment of mediator

     
19.   Conciliation board

     
20.   Conciliation request deferred

     
21.   Change in membership

     
22.   Duty of conciliation board

     
23.   Conciliation board procedure

     
24.   Conciliation board report

     
25.   Conditions precedent to strike

     
26.   Further conditions precedent

     
27.   No rotating strikes

     
28.   Employees may not strike

     
29.   No illegal strikes

     
30.   State of emergency

     
31.   Lock-outs prohibited

     
32.   Notice of adjudication

     
33.   Adjudication board to consider

     
34.   Form of judgment

     
35.   Judgment binding on parties

     
36.   Term of judgment

     
37.   Implementation of award

     
38.   Term of collective agreement

     
39.   Arbitration provisions considered included

     
40.   Arbitration board decision

     
41.   Enforcement of arbitration

     
42.   Employer may make submission

     
43.   Independent rules governing grievances

     
44.   Certain decisions of board final

     
45.   Payments out of Fund

     
46.   Regulations

     
47.   Provisions incorporated

     
48.   Offences

     
49.   Assignment of wages

     
50.   Act binds Crown


Short title

        1. This Act may be cited as the Interns and Residents Collective Bargaining Act.

1984 c14 s1

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Interpretation

        2. (1) In this Act

             (a)  "association" means the local or provincial organization or association of employees that has as 1 of its purposes the regulation in the province of relations between employers and employees through collective bargaining, but does not include an organization or association of employees that is dominated or influenced by an employer;

             (b)  "award" means an award made by an arbitration board;

             (c)  "bargaining agent" means the association that acts on behalf of interns and residents in collective bargaining;

             (d)  "board" means the Labour Relations Board established under the Labour Relations Act;

             (e)  "chairperson" means chairperson of the board;

             (f)  "collective agreement" means a written agreement entered into under this Act between the employer and a bargaining agent containing provisions respecting rates of pay and working conditions for the employees in a unit, and which binds the employer, the bargaining agent and the employees in the unit;

             (g)  "collective bargaining" means negotiation with a view to the conclusion of a collective agreement or the renewal or revision of a collective agreement;

             (h)  "conciliation board" means a conciliation board appointed by the minister under section 19;

              (i)  "conciliation officer" means a person appointed by the minister under section 16;

              (j)  "employee" means an intern, resident or fellow employed in a hospital referred to in the Schedule to the Hospitals Act ;

             (k)  "employer" means an employer of an employee;

              (l)  "essential employee" has the meaning assigned to it by subsection 10(1);

           (m)  "government negotiator" means the President of the Treasury Board, established in accordance with an Act of the province governing financial administration, or another person authorized by the President of Treasury Board to bargain collectively under his or her control and supervision on behalf of the employer;

             (n)  "judgment" means a judgment of an adjudication board;

             (o)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (p)  "strike" includes a cessation of work, a refusal to work or to continue to work or a withdrawal of services, by employees in combination or in concert or in accordance with a common understanding; and

             (q)  "unit" means a group of employees that is recognized by the board, in accordance with this Act, as being appropriate for collective bargaining.

             (2)  A person does not cease to be an employee within the meaning of this Act by reason only of his or her ceasing to work as the result of a strike or lock-out within his or her bargaining unit or by reason only of dismissal contrary to this Act.

1984 c14 s2; 1984 c40 Sch B; 1989 c25 Sch B; 2006 c40 s21

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Administration

        3. The President of the Treasury Board on behalf of the government of the province has the responsibility for and conduct of collective bargaining carried out under this Act.

1984 c14 s3

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Right of employee

        4. An employee has the right to be a member of the association and to participate in the lawful activities of the association.

1984 c14 s4

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Right of employer

        5. (1) An employer or person acting on behalf of an employer shall not participate in or interfere with the selection, formation or administration of the association or contribute financial or other support to it, but the employer may permit an employee or representative of the association

             (a)  to confer with the employer during working hours; and

             (b)  to attend to the business of the association during working hours,

without deduction of time so occupied in the calculation of the time worked for the employer and without deduction of wages in respect of the time so occupied.

             (2)  The employer or a person acting on behalf of the employer shall not

             (a)  refuse to employ or to continue to employ a person, or otherwise discriminate against a person, in regard to employment or a term or condition of employment because the person is a member of the association; or

             (b)  impose conditions in a contract of employment, take an action, or do anything seeking to restrain or prevent an employee from being or becoming a member, officer or representative of the association, or from exercising his or her rights under this Act.

             (3)  The association, a person acting on its behalf or another person shall not use coercion or intimidation with a view to encouraging or discouraging membership in or activity in or for an association.

             (4)  Except with the consent of the employer, the association, or a person acting on its behalf shall not attempt, on the employer's premises during the working hours of an employee, to persuade that employee to become or refrain from becoming or continuing to be a member of an association.

             (5)  Nothing in this Act shall be construed to affect the right or authority of the employer to suspend, transfer, lay off, discharge or otherwise discipline an employee for proper and sufficient cause.

1984 c14 s5

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Application for certification

        6. (1) The association, having as members in good standing a majority of the employees in a unit, may, subject to the rules of the board and in accordance with this section, make application to the board to be certified as bargaining agent for that unit.

             (2)  Where a collective agreement is not in force and a bargaining agent is not certified under this Act for the unit, the application may be made at any time.

             (3)  Where a collective agreement is not in force but a bargaining agent is certified under this Act for the unit, the application may only be made after the expiry of 12 months from the date of certification of the bargaining agent, and not before, except with the prior consent of the board.

             (4)  Where a collective agreement is in force, the application may be made after the expiry of 10 months of the term of the collective agreement, and not before, except with the prior consent of the board.

1984 c14 s6

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Powers of board re certification

        7. (1) Where the association makes application for certification under section 6, the board shall determine whether the group of employees, in respect of which the application is made, is appropriate for recognition as a unit and may, before certification, where it considers it appropriate to do so, include additional employees in or exclude employees from that group or may refuse the application on the grounds that the group is not appropriate for collective bargaining.

             (2)  Where, as a result of an application for certification under section 6, the board determines that a group of employees is appropriate for recognition as a unit, the board shall take those steps that it considers appropriate to determine the wishes of the employees in the unit as to the selection of a bargaining agent to act on their behalf, and where

             (a)  the board is satisfied that the majority of the employees in the unit are members in good standing of the association; or

             (b)  as a result of a vote of the employees in the unit, the board is satisfied that a majority of them have selected the association to be a bargaining agent on their behalf,

the board may certify the association as the bargaining agent for the unit.

             (3)  Without limitation of the powers conferred on the board by the Labour Relations Act, the board may, for purposes of determining an application for certification under section 6, make those inquiries that it considers necessary, including examination of records, the holding of those hearings or the taking of those votes of employees in the unit that it considers expedient, and the nature of the evidence to be provided to the board.

             (4)  An association, the administration, management, or policy of which is, in the opinion of the board,

             (a)  influenced by an employer so that its fitness to represent employees for the purpose of collective bargaining is impaired; or

             (b)  dominated by the employer,

shall not be certified as a bargaining agent.

             (5)  Where an employer receives written notice from the board that the association has made application for certification under section 6 in respect of any of its employees, the employer shall not

             (a)  without the consent of the board; or

             (b)  unless a collective agreement is made which is binding on those employees in respect of which the application is made,

alter rates of wages or other terms or conditions of employment of those employees, until the application has been granted, refused or withdrawn.

1984 c14 s7

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Effect of certification

        8. Where the association is certified under this Act as the bargaining agent for a unit,

             (a)  that bargaining agent shall immediately replace another bargaining agent for employees in the unit and shall have exclusive authority to bargain collectively on behalf of all employees in the unit and to bind them by a collective agreement until the certification of the bargaining agent is revoked;

             (b)  prior certification to another bargaining agent in respect of employees in the unit shall be considered to be revoked; and

             (c)  where, at the time of certification, a collective agreement is in force in respect of employees in the unit, the bargaining agent certified shall be substituted as a party to that agreement.

1984 c14 s8

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Transitional provisions

        9. (1) The bargaining agent for employees to whom this Act applies and who is certified or recognized before May 18, 1984, shall be considered to be a bargaining agent certified under this Act and shall be subject to this Act.

             (2)  The collective agreement governing employees to whom this Act applies, in effect on May 18, 1984, shall be considered to be collective agreements for the purpose of this Act.

1984 c14 s9

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Essential employees

      10. (1) Upon certification of the bargaining agent, or at another time after certification, the employer of employees in the unit may or, where ordered to by the board upon an application being made to the board by the bargaining agent, the employer shall, provide the board and the bargaining agent with a written statement of the number of employees in each classification in the unit represented by the bargaining agent who are considered by the employer to be essential employees.

             (2)  Where no objection to the statement referred to in subsection (1) is filed with the board by the bargaining agent within the time after the receipt of the statement by the bargaining agent that the board may prescribe, the number of employees in each classification specified in the statement shall be considered to be the number of essential employees for the purposes of this Act and the chairperson shall so inform the bargaining agent by written notice.

             (3)  Where an objection to the statement referred to in subsection (1) is filed with the board by the bargaining agent within the time after the receipt of the statement by the bargaining agent that the board may prescribe, the board, after considering the objection and giving the bargaining agent and the employer an opportunity to make representations, and to be heard, shall determine the number of employees in each classification specified in the statement who are essential employees for the purpose of this Act, but the number of employees determined to be essential by the board shall not exceed the number contained in the statement referred to in subsection (1).

             (4)  The board may, at any time, amend a determination made under subsection (3), and the provisions of that subsection relating to representation and hearing shall apply for an amendment as it applies for a determination.

             (5)  A determination or amendment made by the board under this section shall be communicated in writing by the chairperson to the bargaining agent and the employer not later than 30 days after the determination or amendment is made.

             (6)  Where a majority of the employees in a unit are considered or determined to be essential employees under this section, every employee within the unit shall be considered to be an essential employee for the purposes of this Act where the bargaining agent so advises the employer and the board.

             (7)  Where employees are considered to be essential under subsection (2) or determined by the board to be essential under subsection (3), the employer shall name the employees in the unit who are essential, but the number of employees named shall not exceed the number considered to be essential under subsection (2) or determined by the board to be essential under subsection (3).

             (8)  The employer may substitute the name of an employee who is essential for the name of another employee who is essential but the number of employees named shall not exceed the number considered to be essential under subsection (2) or determined by the board to be essential under subsection (3).

             (9)  The employer shall notify in writing the bargaining agent and each employee in the bargaining unit named by the employer as an essential employee that he or she has been named as an essential employee.

          (10)  An employee named by the employer as an essential employee shall report for work as if a strike were not taking place.

          (11)  Where an employee named by the employer as an essential employee does not report for work as required under subsection (10) the employer shall immediately terminate the employment of that employee, unless the employer is satisfied that there are reasonable grounds for the employee not so reporting.

          (12)  Notwithstanding sections 25 and 26, a bargaining agent shall not take a strike vote and an employee in the unit shall not strike or participate in a strike until the employer and the bargaining agent have agreed on, or the board has determined under this section, the number of employees in each classification in the unit represented by the bargaining agent who are essential employees for the purpose of this Act.

          (13)  In this section "essential employee" means 1 of a number of employees whose duties consist in whole or in part of duties the performance of which at a particular time or during a specified period of time is or may be necessary for the health, safety or security of the public.

1984 c14 s10

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Certification revoked or terminated

      11. (1) Where, following investigation, and after a hearing where requested by a party having an interest, the board is of the opinion that the bargaining agent no longer represents a majority of the employees in the unit, or for which it acts as bargaining agent, it may, on its own motion, or upon application by a party having an interest,

             (a)  revoke the certification of the bargaining agent; or

             (b)  where the bargaining agent was voluntarily recognized by the employer, terminate the bargaining rights of the bargaining agent,

and notwithstanding anything contained in this Act, the employer shall not be required to bargain collectively with the association whose certification is revoked or bargaining rights are terminated, but nothing in this subsection shall prevent the association from making an application under section 6 after the revocation or termination.

             (2)  The board may, but shall not be required to, accept or decide upon an application to revoke the certification of the bargaining agent under subsection (1) within the period of 6 months immediately following

             (a)  the date of certification of that bargaining agent;

             (b)  the date when a previous application to revoke the certification of that bargaining agent was refused; or

             (c)  the date when that bargaining agent by notice under paragraph 13(a) required the employer to begin collective bargaining.

1984 c14 s11

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Government negotiator

      12. The government negotiator shall act on behalf of the employers in collective bargaining and may be accompanied in those negotiations by those advisors, officers of the government and representatives of the employer that the government negotiator considers appropriate to appoint.

1984 c14 s12

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Notice for collective bargaining

      13. Where a collective agreement between the bargaining agent and an employer is not in force with respect to employees in a unit, and there is no judgment in effect respecting those employees

             (a)  the bargaining agent may give written notice to the employer requiring the employer to begin collective bargaining; or

             (b)  the employer may give written notice to the bargaining agent requiring the bargaining agent to begin collective bargaining

with a view to the conclusion of a collective agreement.

1984 c14 s13

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Collective bargaining requested

      14. (1) Within a period of not more than 60 and not less than 30 days immediately before the date of expiration of the term of a collective agreement or a judgment, either party to the collective agreement or affected by the judgment may by written notice require the other party to start collective bargaining with a view to the renewal or revision of an existing collective agreement or the conclusion of a new collective agreement.

             (2)  Where a collective agreement provides for a period of notice to start collective bargaining which is different from the period provided for in subsection (1), the provision in the collective agreement shall apply.

1984 c14 s14

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Effect of notice to bargain

      15. Where notice to start collective bargaining is given under section 13 or 14

             (a)  the bargaining agent and the government negotiator shall, without delay, and in any case within 30 days after the notice is given, or within a further time that the parties may agree, meet and begin or direct authorized representatives on their behalf to meet and begin, to bargain with one another and shall make every reasonable effort to conclude a collective agreement or to renew or revise an existing collective agreement; and

             (b)  the employer shall not, without the consent of an employee within the unit affected and the bargaining agent, alter rates of wages or another term or condition of employment of that employee in the unit until

                      (i)  a collective agreement is concluded,

                     (ii)  a judgment is given, or

                    (iii)  a conciliation board has made a report to the minister and 20 days have elapsed after the report is received by the minister

whichever first occurs.

1984 c14 s15

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Conciliation officer

      16. (1) Where

             (a)  notice to begin collective bargaining is given under section 13 or 14;

             (b)  collective bargaining is not begun in accordance with section 15 or, where begun, the parties are unable to conclude a collective agreement;

             (c)  either party requests the minister in writing to appoint a conciliation officer to confer with the parties to assist them to conclude a collective agreement or a renewal or revision of a collective agreement; and

             (d)  the request is accompanied by a statement of the difficulties that have been encountered before the start or during the course of the collective bargaining or in another case in which, in the opinion of the minister, it is advisable to do so,

the minister may appoint 1 or more conciliation officers to confer with the parties engaged in collective bargaining.

             (2)  Notwithstanding another statute or law, a conciliation officer shall not be required to give in evidence before a court, board, commission, conciliation board or other body, whether of the preceding kind or not, information which he or she has received in the course of his or her duty as a conciliation officer.

1984 c14 s16

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Report by conciliation officer

      17. Where a conciliation officer is appointed under section 16, the conciliation officer shall, within 14 days after being appointed or within a longer period that the minister may allow, make a report to the minister setting out

             (a)  the matters, upon which the parties have agreed; and

             (b)  the matters, upon which the parties cannot agree.

1984 c14 s17

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Appointment of mediator

      18. (1) The minister may, after notice to start collective bargaining has been given under this Act, appoint a person, whether or not that person is an employee in the public service, as a mediator to confer with the parties to the collective bargaining, where the minister is of the opinion that the appointment is likely to contribute to more harmonious labour relations between the parties.

             (2)  Where the minister receives a request to appoint a conciliation board, the minister may, before making a decision with respect to the appointment of a conciliation board, appoint a person within or outside the public service as a mediator.

             (3)  Where the minister appoints a mediator after a conciliation officer has been appointed under section 16, the appointment of the conciliation officer is terminated.

             (4)  Subsections 19(8) and (9) and sections 21, 22 and 23 apply, with the necessary modifications, to and in respect of a mediator appointed under this section as if the mediator were a conciliation board.

             (5)  Where in respect of a dispute the conditions prescribed in sections 25 and 26 have been fulfilled and the dispute has not been settled or at any other time, the minister may appoint as a mediator a person, whether or not the mediator is an employee in the public service, who shall attempt to secure a settlement of a difference between the parties to the dispute and make a report within the time that the minister may indicate and prescribe in his or her appointment.

1984 c14 s18

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Conciliation board

      19. (1) Upon the written request by the bargaining agent or the government negotiator, or where it appears to the minister that the parties are not able to agree upon the terms of a collective agreement, the minister shall appoint a conciliation board consisting of 3 members to inquire into the dispute, report on the facts and make recommendations for the settlement of the dispute.

             (2)  When the minister appoints a conciliation board, the minister shall immediately, by written notice, require each of the parties, within 7 days after receipt of the notice, to nominate 1 person to be a member of the conciliation board, and upon receipt of the nominations by each party, the minister shall immediately appoint both those persons as members of the conciliation board.

             (3)  Where either of the parties, to whom notice is given under subsection (2), fails or neglects to nominate a person within the time required by that subsection, the minister shall appoint as a member of the conciliation board a person the minister considers appropriate for the purpose and that member shall be considered to be appointed following the recommendation of the party who failed or neglected to nominate a person.

             (4)  The 2 members appointed under the preceding provisions of this section shall, within 5 days after the date on which the 2nd of them is appointed, nominate a 3rd person to be a member and chairperson of the conciliation board, and the minister shall appoint that person as member and chairperson of the conciliation board.

             (5)  Where the 2 members appointed under subsection (3) fail or neglect to make a nomination within the time required by subsection (4), the minister shall immediately appoint, as the 3rd member and chairperson of the conciliation board, a person the minister considers appropriate for the purpose.

             (6)  When a conciliation board is appointed, the minister shall immediately notify in writing the government negotiator, bargaining agent and the employer of the names of the members of the board, and that notification shall be conclusive proof of the appointment of the conciliation board and of the members of the board.

             (7)  A person who

             (a)  has a monetary interest in the matter referred to the conciliation board;

             (b)  is acting or has, within a period of 6 months preceding the date of his or her nomination, acted in the capacity of counsel or paid agent of either of the parties; or

             (c)  holds an office or employment with the employer or is a member or officer of the bargaining agent,

shall not be appointed to or act as a member of a conciliation board.

             (8)  Each member of a conciliation board shall, before taking office, file with the minister an oath or affirmation in the following form:

   "I solemnly swear (affirm) that I will faithfully, truly and impartially, to the best of my knowledge, skill, and ability execute and perform the office of member of the conciliation board appointed to. . . . . . . . . . . . . . . . . . . . . . . and will not, except in the discharge of my duties, disclose to a person the evidence or other matters brought before the board."(Where an oath is taken, add "So help me God".).

             (9)  Each member of a conciliation board has, in relation to the hearing or determination of a matter which a conciliation board may hear or determine, all the powers that are or may be conferred upon a commissioner by the Public Inquiries Act.

1984 c14 s19

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Conciliation request deferred

      20. (1) The minister may defer the consideration of a request for the appointment of a conciliation board until after the minister appoints a conciliation officer or mediator to deal with a dispute and the officer or mediator makes his or her report to the minister.

             (2)  Notwithstanding section 25, where the minister defers consideration of a request for the appointment of the conciliation board until after the minister receives the report of the conciliation officer or mediator appointed in the case, the period within which the minister must decide whether or not to appoint a board does not begin until the date the minister receives the conciliation officer's or mediator's report under section 17 or 18.

1984 c14 s20

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Change in membership

      21. (1) Where, in the opinion of the minister, a member of a conciliation board unduly or unnecessarily defers or delays or attempts to defer or delay the proceedings of a conciliation board in relation to the hearing or determination of a matter pending before the conciliation board, the minister may remove that member of the board and shall appoint a member in his or her place, but only after complying with section 19 respecting the obtaining of a nomination from a party or from the other members of the conciliation board, and the making of an appointment.

             (2)  Where a person ceases to be or is unable to continue as a member of a conciliation board, the minister shall appoint another member to act in his or her place in the manner provided in subsection (1).

1984 c14 s21

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Duty of conciliation board

      22. (1) Following the appointment of a conciliation board, the minister shall immediately refer to it a statement of the matters in dispute together with those documents or submissions in his or her possession that will assist the conciliation board in reaching a decision on the reference, and may, before the conciliation board makes its report, amend or add to that statement of matters.

             (2)  A conciliation board shall use its best efforts to bring about agreement between the parties in relation to the matters set out in the statement referred to it under subsection (1) for the purpose of conclusion of a collective agreement.

1984 c14 s22

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Conciliation board procedure

      23. (1) Except as otherwise provided in this Act, a conciliation board shall determine its own procedure, but shall give full opportunity to the parties to the dispute to present evidence and make representations.

             (2)  The chairperson of the conciliation board shall, after consultation with the other members, fix the time and place of hearings and shall notify the parties as to the time and place so fixed.

             (3)  The chairperson of the conciliation board, and 1 other member, constitute a quorum, but in the absence of a member at a sitting of the conciliation board, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.

             (4)  The decision of a majority of the members present at a sitting of a conciliation board is the decision of the board, but where there is no majority decision, the decision of the chairperson is the decision of the conciliation board.

             (5)  The chairperson shall

             (a)  forward to the minister a report of the findings and recommendations of the conciliation board in writing within 14 days after the receipt by it of the statement referred to in subsection 22(1), or within a longer period that may be agreed upon by the parties; and

             (b)  file with the minister all documents, or copies of documents, and exhibits received in evidence during the proceedings, other than those exhibits that may have been returned to a party to the proceedings at the request of that party.

             (6)  The minister upon the request of either of the parties and within 7 days after the request may direct the conciliation board to reconsider, clarify or amplify the report made under subsection (5) or a part of it, and the report of the conciliation board shall not be considered to be received by the minister until the matters raised in the direction made under this subsection are reported upon by the conciliation board.

1984 c14 s23

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Conciliation board report

      24. (1) On receipt of the report of a conciliation board, the minister shall immediately serve a copy to each party to the proceedings before the conciliation board, and the minister may publish the report in a manner that the minister considers appropriate.

             (2)  Each party to whom a copy of a report is sent under subsection (1) shall, within 10 days after the date on which the party receives a copy of the report, notify the minister in writing which of the recommendations in the report are accepted or rejected.

1984 c14 s24

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Conditions precedent to strike

      25. (1) The association shall not take a strike vote or authorize or participate in the taking of a vote or declare or authorize a strike of the employees in the unit, and an employee in the unit shall not strike, and an employer shall not declare or cause a lockout of the employees in the unit

             (a)  until a conciliation board has been appointed under section 19 and 7 days have elapsed from the date on which the latter of the 2 parties has informed the minister whether or not that party has accepted the report of that board; or

             (b)  during the term of a collective agreement.

             (2)  Where notice is given to the minister under paragraph 26(1)(b), then, if the employees in the unit do not strike on the date specified in the notice for the strike, an employee in that unit shall not strike until 1 month from the date indicated in that notice for the strike and then only if a written notice of a 2nd or subsequent proposed date on which the strike will start has been given to the minister at least 7 days before the 2nd or subsequent proposed date.

             (3)  No more than 1 notice referred to in subsection (2) shall be given in a 1 month period.

1984 c14 s25

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Further conditions precedent

      26. (1) A strike shall not be taken by an employee

             (a)  unless a majority of the employees in the unit actually voting votes by secret ballot in favour of a strike having been notified by the bargaining agent as to the time and place of the voting; and

             (b)  until 7 days have elapsed from the date on which the bargaining agent has given written notice to the minister that a majority of the employees in the unit has so voted and the date on which the strike will start.

             (2)  Where fewer than a majority of the employees in the unit votes in favour of a strike, either party may by written notice to the other party request the resumption of collective bargaining.

1984 c14 s26

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No rotating strikes

      27. (1) An employee shall not, under a strike vote, strike or participate in a strike

             (a)  on a rotating basis; or

             (b)  otherwise than during 1 continuous period.

             (2)  For the purposes of this section "a strike on a rotating basis" means a strike by 1 member of a bargaining unit in succession to another member of that unit but it does not include a strike by 1 member in succession to another, where, because of his or her work schedule with the employer, that member had not had an opportunity to participate in that strike.

1984 c14 s27

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Employees may not strike

      28. An employee who is

             (a)  not within a unit represented by a bargaining agent;

             (b)  within a unit in respect of which a collective agreement is in force;

             (c)  an essential employee; or

             (d)  within a unit of employees specified in a resolution made under section 30,

shall not strike or participate in a strike.

1984 c14 s28

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No illegal strikes

      29. The bargaining agent, the association or an officer or representative of that agent or the association or another person shall not encourage, declare, authorize or procure a strike of employees or participation by employees in a strike which would contravene this Act.

1984 c14 s29

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State of emergency

      30. (1) Where the House of Assembly resolves that a strike of employees is or would be injurious to the health or safety of persons or a group or class of persons, or the security of the province, it may declare that from and after the date stated in the resolution a state of emergency exists and forbid the strike of all employees in a unit specified in the resolution, and may order the employees of that unit to return to duty either immediately upon publication of the resolution in the Gazette or at a later time that may be stated in the resolution.

             (2)  An employee, to whom an order made under subsection (1) applies, who fails to return to duty within the time stated in the order, is guilty of an offence under this Act.

1984 c14 s30

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Lock-outs prohibited

      31. Where by this Act an employee is prohibited from striking or participating in a strike, the employer shall not close the place of employment to that employee, or dismiss, or suspend the employee from work, or otherwise refuse to continue to employ the employee, for the purpose of compelling the employee, or aiding another employer to compel his or her employees, to agree to terms and conditions of employment, but this section shall not apply in the case of prohibition from striking or participating in a strike by reason only of unreasonable delay in taking the vote by secret ballot or by giving the notice respectively referred to in paragraphs 26(1)(a) and (b).

1984 c14 s31

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Notice of adjudication

      32. (1) Where

             (a)  the House of Assembly resolves that a state of emergency exists under section 30; or

             (b)  all employees in a unit are considered by reason of subsection 10(6) to be essential employees, and 14 days elapse from the receipt by the minister from both parties of the acceptance or rejection of the conciliation board report,

the chairperson shall immediately, by written notice to the employer and the bargaining agent, order that the matters in dispute between them be referred immediately to adjudication.

             (2)  Each party to whom notice is given under subsection (1) shall, within 7 days after receiving the notice, advise the chairperson by written notice

             (a)  all the matters in dispute, with proposals, towards settlement of those matters; and

             (b)  the name of a person to act as a member of the adjudication board.

             (3)  Upon receipt of each nomination referred to in paragraph 2(b), the chairperson shall immediately appoint the persons nominated as members of the adjudication board.

             (4)  The provisions of subsections 19(3) to (9), sections 21 and 22 and subsections 23(1) to (4) and subsection (6) shall apply, with the necessary changes, to the rights, obligations and privileges of the chairperson and the parties, and to the appointment to and powers, duties, limitations and decisions of a conciliation board and to the members and chairperson of an adjudication board, as they apply in those provisions to the rights, obligations and privileges of the minister and the parties, and to the appointment to and powers, duties, limitations and decisions of a conciliation board and the members and chairperson of a conciliation board.

1984 c14 s32

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Adjudication board to consider

      33. (1) Notwithstanding subsection 32(4), the adjudication board shall consider the matters in dispute together with those other matters which it considers to be incidental to the dispute as soon as possible after the reference to it of the matters in dispute, and make judgment within 45 days after a reference or within the later time, which shall not in any event exceed 90 days from the date of the reference, as the chairperson of the adjudication board may determine, but in making a judgment, the adjudication board shall take into account,

             (a)  the health, safety and interests of the public;

             (b)  the terms and conditions of employment of employees in occupations similar to those being considered, whether or not those employees are employees to which this Act applies, account being taken of the geographic, industrial, economic, social and other variations that the adjudication board considers relevant;

             (c)  the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the service provided;

             (d)  the needs of the employer for qualified employees; and

             (e)  other matters that appear to the adjudication board to have a relevant bearing to the matters in dispute.

             (2)  Where, before judgment, the parties reach agreement on the matters in dispute referred to it for adjudication, and enter into a collective agreement, that matter shall be considered to have been withdrawn from the reference and a judgment shall not be made by the adjudication board in respect of that matter.

             (3)  A judgment shall relate only to the matters referred to it by the chairperson and shall not relate to salaries, wages and other terms and conditions of employment of employees who are not in the unit in respect of which the reference is made.

1984 c14 s33

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Form of judgment

      34. (1) The chairperson of the adjudication board shall sign the judgment and shall transmit copies of it to the parties to the dispute and to the chairperson.

             (2)  An adjudication board shall use its best efforts in the preparation of a judgment so that its terms are in a form as to be read and interpreted with or annexed to a collective agreement in force containing those other terms and conditions of employment of the employees in the unit in respect of which the judgment relates, and so as to enable proper implementation of the judgment by incorporation into those laws, regulations, by-laws, directions or other instruments, whether statutory or otherwise, that may be required to be made or effected in order to comply with the terms of the judgment.

1984 c14 s34

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Judgment binding on parties

      35. (1) A judgment is binding on the employer, the bargaining agent and on the employees in the unit and, unless the judgment makes provision for retroactivity as provided in subsection (2), effective on and from the date on which the judgment is given or a later date that may be stated in the judgment.

             (2)  A judgment respecting terms or conditions of employment of employees in the unit may specify that any or all those terms and conditions shall have retroactive effect to a date not earlier than the date on which notice to begin collective bargaining was given under section 13 or 14.

             (3)  Where a judgment conflicts with the terms of an earlier judgment affecting the parties, the judgment shall prevail for the term determined in accordance with section 36 for which the judgment is operative.

1984 c14 s35

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Term of judgment

      36. (1) A judgment of an adjudication board shall specify the term during which a judgment is to remain in effect and be operative, and in making its determination as to the term, the adjudication board shall take into account,

             (a)  where an earlier judgment applicable to the unit is in force, the term of the judgment; and

             (b)  where no earlier judgment applicable to the unit is in force, the term of

                      (i)  a previous collective agreement that applied to the unit, or

                     (ii)  another collective agreement or judgment that appears to the adjudication board to be relevant.

             (2)  A judgment shall exist for a period of not less than 1 year, unless the adjudication board, after considering the matters provided for in paragraphs (1)(a) and (b), specifies a shorter period in the judgment.

1984 c14 s36

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Implementation of award

      37. Unless otherwise prohibited by law, a judgment shall be implemented by the employer, the bargaining agent and each employee in the unit affected by it within a period of 90 days from the date on which it becomes effective or within a longer period that the adjudication board may, on the application of either party, consider reasonable, but a provision in a judgment relating to wages or salaries of employees in the unit shall be given effect from the effective date of the judgment, notwithstanding delay in implementation as permitted by this section.

1984 c14 s37

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Term of collective agreement

      38. (1) A collective agreement may make provision for the date on and from which and for what term it is to have effect, and, in the absence of that provision, or if provided to be for a term of less than 1 year, is considered to be for a term of 1 year from the date upon which it comes into effect.

             (2)  Nothing in subsection (1) shall be construed to prevent the amendment or revision of a provision of a collective agreement.

             (3)  A collective agreement made under this Act is binding on and shall be implemented by the bargaining agent and employer, as parties to it, and the employees in the unit affected by it and remain in effect for the period provided for in subsection (1), or until replaced by another collective agreement or a judgment, whichever is the longer, so long as

             (a)  either party to a collective agreement or affected by a judgment may proceed in the manner provided in subsection 14(1) for renewal or revision of the collective agreement, or conclusion of a new collective agreement, on the expiration of the collective agreement, or the term of the judgment; or

             (b)  where both parties agree in writing, either party may during the period of existence of a collective agreement or the term of a judgment proceed in the manner provided in subsection 14(1) for the renewal or revision of the collective agreement or the conclusion of a new collective agreement to take effect before the expiration of the period or term, but not retroactively from the effective date of a collective agreement concluded as a consequence of it.

1984 c14 s38

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Arbitration provisions considered included

      39. (1) A collective agreement which does not contain provisions for final settlement, by arbitration or otherwise, of all differences between the parties to or persons bound by the agreement or on whose behalf it was entered into, where those differences arise out of the interpretation, application, administration or alleged violation of the collective agreement, including a question as to whether a matter is arbitrable, shall be considered to contain those provisions set out in subsection 86(2) of the Labour Relations Act, but the reference in that subsection to the Minister of Labour shall, for the purposes of this section, be a reference to the chairperson.

             (2)  Where, following representations to the board by a party to a collective agreement that provisions contained or considered to be contained in it for final settlement of a difference is inadequate, the chairperson shall, where the board is of the opinion that the provision is inadequate, prescribe the procedure to be followed for the final settlement of that difference, and the procedure shall be substituted for the provisions contained or considered to be contained in the collective agreement.

1984 c14 s39

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Arbitration board decision

      40. (1) The decision of a majority of the members of an arbitration board is an award of that board, and where there is no majority decision, the decision of the chairperson is the award of the board.

             (2)  An award shall be signed by the chairperson of the arbitration board making the award.

             (3)  A party to and a person bound by a collective agreement shall be bound by and comply with

             (a)  a provision for final settlement of a difference contained, or considered to be contained in the agreement; and

             (b)  an award made with respect to the agreement.

             (4)  An arbitration board shall not make an award which would amend or change a collective agreement, a judgment or an earlier award.

             (5)  A dispute or difference shall not be referred to arbitration until all procedures set out in a collective agreement for the presentation of the dispute or difference are complied with.

             (6)  Where an arbitration board determines that an employee has been discharged or disciplined by an employer for cause, it may, except where the penalty is prescribed in the collective agreement that is binding upon the employee and the employer, review and modify the penalty imposed by the employer and, in the case of the discharge of the employee, substitute another penalty that to it seems just and reasonable in the circumstances.

1984 c14 s40

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Enforcement of arbitration

      41. Where a bargaining agent, employee, employee organization, employer or other person has failed to comply with the terms of a decision of an arbitration board or of a single arbitrator made under a collective agreement or this Act, a person affected by the decision may, after the expiration of 14 days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file with the Trial Division a copy of the decision, exclusive of the reasons for it, whereupon the decision shall be entered and is enforceable in the same way as a judgment of or order of that court.

2013 c16 s25

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Employer may make submission

      42. Nothing in this Act shall prevent an employee from presenting his or her personal grievance to his or her employer at any time.

1984 c14 s42

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Independent rules governing grievances

      43. The board may make rules of general application respecting the presentation of disputes or differences by employees in a unit in respect of which a collective agreement is in force where the employees are unable for any reason to obtain the support or assistance of the bargaining agent for the unit, and those rules may contain provisions to enable those employees in the unit to be considered a party to a collective agreement between the employer and the bargaining agent so as to enable them to submit those disputes or differences to an arbitration board for the purposes of award, or otherwise enforce the rights conferred upon the unit by virtue of the collective agreement.

1984 c14 s43

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Certain decisions of board final

      44. (1) Where, in a proceeding before the board, a question arises under this Act as to whether

             (a)  a person is an employee;

             (b)  an organization or association is an employee organization;

             (c)  a collective agreement has been entered into, and the persons who are parties to or are bound by a collective agreement or on whose behalf the collective agreement was entered into;

             (d)  a collective agreement is by its terms in full effect; or

             (e)  a person is a member in good standing of an employee organization,

the board shall decide the question and its decision is final and binding.

             (2)  A decision or order of the board made under this Act is not open to review or question, but the board may, where it considers it advisable to do so, reconsider a decision or order made by it under this Act and may vary or revoke a decision or order so made by it.

             (3)  Where a bargaining agent, employee, employee organization, employer, or other person has failed to comply with an order or decision of the board, or a panel, a person or organization affected may, after 14 days from the date on which the order or decision was made or the date provided in it for compliance, whichever date is the later, file a copy of the order or decision, exclusive of the reasons for it, with the Trial Division.

             (4)  Where an order or decision of the board, or a panel is filed with the Trial Division under subsection (3), that order or decision is enforceable as a judgment or order of that court.

1984 c14 s44; 2013 c16 s25

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Payments out of Fund

      45. (1) A payment required to be made by or on behalf of the Crown

             (a)  for the expenses of administration of this Act; and

             (b)  under a collective agreement or judgment concluded or made under this Act,

shall be paid by the Minister of Finance out of the Consolidated Revenue Fund.

             (2)  Where an employer is unable to implement the provisions of a collective agreement or judgment because of being prohibited by law from doing so, the employer shall use its best efforts to introduce and support as a government measure, legislation designed to implement and give effect to those provisions.

1984 c14 s45

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Regulations

      46. (1) The Lieutenant-Governor in Council may make regulations

             (a)  prescribing the time within which anything authorized by this Act shall be done;

             (b)  regulating the form and contents of notices by employers or bargaining agents to begin collective bargaining;

             (c)  regulating the manner by which requests are made by employers or bargaining agents for appointment of conciliation officers or conciliation boards; and

             (d)  generally, to give effect to the purpose of this Act.

             (2)  Regulations made under the Labour Relations Act, governing a matter or thing for which power to make regulations is conferred under subsection (1) shall be considered to have been made under that subsection, and shall apply, with the necessary changes, for the purpose of this Act as they apply for the purpose of that Act.

1984 c14 s46

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Provisions incorporated

      47. Section 9, subsection 10(3), sections 16, 22, 141, 145, and 151 of the Labour Relations Act , shall apply for the purpose of this Act as they apply for the purpose of that Act, but the reference in sections 141 and 142 to an Industrial Enquiry Commission shall have no effect.

1984 c14 s47; 2014 c19 s12

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Offences

      48. (1) An employer, bargaining agent, association or person doing a thing prohibited by this Act or refusing or neglecting to do a thing required by this Act to be done by that employer, bargaining agent, association or person is guilty of an offence and is liable upon summary conviction,

             (a)  where a natural person, to a fine not exceeding $200; or

             (b)  in any other case, to a fine not exceeding $1,000, and

a director, manager or officer of an employer, bargaining agent or association, or representative of an employer, bargaining agent or association who instructs, authorizes or permits the commission of an offence under this section is also guilty of an offence and is liable upon summary conviction to the fine specified in paragraph (a).

             (2)  The continuance for each day or part of a day of an offence under this section constitutes a separate offence.

             (3)  For the avoidance of doubt, a charge or complaint in respect of a contravention of this Act may be for 1 or more offences and no charge, complaint, warrant, conviction, or other proceeding in a prosecution is objectionable or insufficient because of the fact that it relates to 2 or more offences.

1984 c14 s48

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Assignment of wages

      49. (1) Notwithstanding a law or practice to the contrary, but subject to this section, every employer shall honour a written assignment of wages by an employee to an association that is a bargaining agent, but only to the extent of the amount due by the employee to the association for fees and dues payable as a result of membership in that organization by that employee.

             (2)  Unless the assignment is revoked in writing by the employee and delivered to the employer, the employer shall remit the fees and dues deducted to the assignee named in the assignment at least once each month together with a written statement of the names of the employees for whom the deductions were made and the amount of each deduction.

             (3)  Where an assignment is revoked, the employer shall give notice of the revocation to the assignee.

             (4)  Notwithstanding anything contained in this section, there shall be no financial responsibility on the part of an employer for fees or dues of an employee unless there are sufficient unpaid wages of that employee in the hands of the employer.

1984 c14 s49

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Act binds Crown

      50. This Act binds the Crown.

1984 c14 s50