Draft Labour Legislation Unveiled

NOTE: Backgrounders are available by online at www.gov.ns.ca/govt/tuaa/ .

Government has drafted legislation which protects the health, safety and well being of the public while preserving the collective bargaining process.

The Department of Environment and Labour today, Oct. 18, released draft amendments to the Trade Union Act.

The department began consultation on June 19 with the release of a discussion paper. Fifty-nine submissions were received and reviewed by the department.

"Throughout this process, it became apparent that we all share a common concern, the concern for the patients and residents in nursing homes, hospitals, and residential support facilities," said Environment and Labour Minister Mark Parent.

"That's why we have drafted this legislation. We are balancing this concern with the desire to preserve free, fair and impartial collective bargaining."

The draft legislation continues to use the collective bargaining process to negotiate contracts. If the parties reach an impasse, the draft legislation provides the parties with dispute resolution options.

It is at this point, the employer and union may jointly ask an arbitration board to conduct mediation or the union can on its own require a board to conduct binding mediation.

"It is important that employees and employers be able to continue collective bargaining, independent of government," said Mr. Parent. "What's new in this draft is that if all other avenues such as conciliation fail, the parties can either design their own dispute resolution process or choose from a package of dispute resolution options."

The dispute resolution options include binding mediation and binding arbitration.

Mediators and arbitrators are neutral third parties selected by the union and employer to help reach a settlement, if they are unable to agree. Mediators and arbitrators are independent of government.

Mediation is a process where discussions between the union and employer occur without a formal hearing. Unlike ordinary mediation, binding mediation is a process where the mediator decides outstanding issues at the end of the mediation if an agreement is not reached.

In contrast, arbitration is a process where both parties present evidence and arguments to support their position in front of a decision-maker who then renders a decision that is binding on the parties. Both the union and the employer have the opportunity to present evidence and witnesses to support their positions on the issues in dispute. If a settlement is not reached, the arbitrator will make a decision that is binding on both the union and the employer.

In the end, under either option, the new collective agreement will include the issues agreed to between the union and employer, together with the issues resolved by the arbitrator or mediator. Under this model, strikes and lockouts are not allowed.

"These dispute resolution options are fair and impartial. They will settle disputes and ensure uninterrupted access to health services for Nova Scotians," said Mr. Parent.

Comments on the draft legislation are welcome.

Copies of the draft legislation is available on the department's website at www.gov.ns.ca or by phone at 902-424-2366.