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Regulations Respecting Procedure, Sectors in the Construction

Industry and Craft Units and Votes of Employees

made under Sections 10, 18 and 94 of the

Trade Union Act

R.S.N.S. 1989, c. 475




Table of Contents

 

 

Trade Union Procedure Regulations

Definitions

 

Part I - General

Application for certification - (See Sections 23-25 of the Act)

Amendment and revocation of certification - (See Sections 28 and 29 of the Act)

Voluntary recognition - (See Section 30 of the Act)

Transfer of business and successor rights - (See Sections 31 and 32 of the Act)

Work stoppages and jurisdictional disputes - (See Sections 51 and 52 of the Act)

Unfair practices - (See Sections 53 - 58 of the Act)

 

Part II - Construction Industry Labour Relations

Application for certification - (See Sections 95 and 96 of the Act)

Accreditation - (See Section 97 of the Act)

Revocation of accreditation - (See Section 101 of the Act)

Employer's complaint of unfair practice by accredited employers' organization (See Section 99 of the Act)

 

Craft Units and Votes of Employees Regulations

 



Trade Union Procedure Regulations

made under Sections 18 and 94

O.I.C. 72-933 (August 29, 1972), N.S. Reg. 101/72

as amended up to O.I.C. 2010-359 (September 28, 2010), N.S. Reg. 148/2010


Definitions

1     (1)    In these regulations

 

                (a)    “Act” means the Trade Union Act;

 

                (b)    “holiday” means any Saturday or Sunday, New Year’s Day, Good Friday, Dominion Day, Christmas Day, the birthday or the day appointed for the celebration of birth of the reigning Sovereign, Victoria Day, Labour Day, Remembrance Day, and any day appointed by any statute in force in the Province of Nova Scotia or by Proclamation of the Governor General or the Lieutenant Governor as a general holiday or for general fast or Thanksgiving, and whenever a holiday other than Remembrance Day falls on a Sunday the expression holiday includes the following day;

 

                (c)    “party” means the applicant or complainant, each person named as respondent in an application or complaint and each person who intervenes or is added as a party by the Board under Regulation 2;

 

                (d)    “respondent” means the person named in an application or complaint as a respondent or added as a respondent by the Board under Regulation 2.

 

       (2)    Unless the context otherwise requires, words defined in the Act have the same meaning when used in these regulations.

 

       (3)    Where a period of time is prescribed by these regulations expressed as a number of days, the period shall be computed as the number of days exclusive of holidays.


Part I - General

 

2     (1)    Where a document is required to be served by these regulations service may be made

 

                (a)    in person; or

                (b)    by mail addressed to the recipient at his address for service or his last known or usual address or at his principal office of his place of business referred to in an application, complaint, intervention or reply in a proceeding.

 

       (2)    Except where otherwise provided by these regulations or the Board’s Rules of Procedure the Chief Executive Officer shall serve each of the parties in any proceeding with a copy of all documents filed in accordance with these regulations.

 

       (3)    The Board may direct that any person be added as a party to a proceeding or be served with any document, as the Board considers advisable.

 

3     (1)    Where a document is required to be filed by these regulations, filing shall be deemed to be made

 

                (a)    at the time it is received by the Chief Executive Officer; or

                (b)    where it is mailed by registered mail and addressed to The Labour Board, P.O. Box 697, Halifax, Nova Scotia, at the time it is mailed.

[Note: The reference to the Labour Relations Board has been replaced in accordance with Section 25 of the Labour Board Act, S.N.S. 2010, c. 37, effective February 8, 2011.]

 

       (2)    Where these regulations require a document to be filed with the Board in a form approved by the Board, filing is not complete until all information called for on the form is given to the Board, but the Chief Executive Officer may waive the requirement of any information which is, in his opinion, unnecessary in the circumstances.

Subsection 3(2) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (3)    The Board may dispose of any application or complaint without further notice to any person who has not filed a document in the proceedings in the manner prescribed by these regulations, but the Board may, in its discretion, permit him to make representations or adduce evidence.

Subsection 3(3) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

4     (1)    Where, in any proceeding, the Board deems it necessary to hear verbal evidence or argument, the Chief Executive Officer shall serve the parties with notice of the time and place fixed for the hearing.

 

       (2)    Where, in the opinion of the Board, it is conducive to the proper conduct of a hearing or desirable for good industrial relations, the Board may exclude any person other than counsel for the parties from a hearing.

 

       (3)    Where a person is served with a Notice of Hearing or is informed of the hearing by posting and fails to appear at the hearing the Board may dispose of the application or complaint without further notice to the person and without considering any statement filed by him.

 

5     (1)    The Board may postpone or adjourn the consideration of any matter for such time and upon such terms as it thinks fit.

 

       (2)    The Board may abridge or enlarge the time prescribed by these regulations for doing any act, serving any notice, filing any report, document or paper or taking any proceedings, and may do so although the application therefor is not made until after the expiration of the time prescribed.

 

       (3)    Any application, reply, intervention, complaint, notice or other document submitted to the Board may be amended before or after the hearing by leave of the Board upon such terms and conditions as the Board considers advisable.

Subsection 5(3) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

6     Where, in accordance with Sections 25, 29, 31, 32, 95 or 97 of the Act, or for any other reason, the Board has directed that a vote be taken of the employees in a bargaining unit, the Chief Executive Officer shall be responsible for taking the vote and, subject to the direction of the Board, shall have authority to

 

                (a)    determine all matters pertaining to the taking of the vote;

                (b)    issue directions that he deems necessary for taking the vote; and

                (c)    ascertain the result of the vote and he shall report the result to the Board.

 

7     All orders of the Board shall be signed by the Chief Executive Officer or by the Chairman or Vice-Chairman.

 

8     (1)    An Application for Reconsideration in accordance with Section 19 of the Act of any decision or order of the Board shall be made in a form approved by the Board.

Subsection 8(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Upon receipt of an Application for Reconsideration the Chief Executive Officer, subject to the direction of the Board, shall instruct the parties with regard to the documents to be filed with the Board.

 

       (3)    An Application for Reconsideration of any decision or order of the Board made within the preceding twelve months shall not be made without leave of the Board, which will normally be granted only where it clearly appears that

 

                (a)    the order or decision was made in ignorance of some material fact;

                (b)    the order or decision was made by reason of some technical irregularity; or

                (c)    there is similar good reason.

 

       (4)    A request for leave to make an Application for Reconsideration of a decision or order of the Board made within the preceding year shall be verified by a statutory declaration of the relevant facts.


Application for certification - (See Sections 23-25 of the Act)

9     (1)    An application by a trade union for certification as bargaining agent shall be made in a form approved by the Board and verified by statutory declaration of a person or persons authorized in accordance with Section 5 of the Act to sign the declaration.

Subsection 9(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    An Application for Certification shall include, or be accompanied by,

 

                (a)    a copy of the constitution, rules and by-laws of the union;

 

                (b)    the names and addresses of the officers of the union;

 

                (c)    a list of employees applied for who are members in good standing of the union supported by their membership cards or, where the Board is satisfied that membership cards are not reasonably available, other membership evidence relating to the application;

Clause 9(2)(c) replaced: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

                (d)    where necessary under Section 5 of the Act, a copy of the resolution passed at a meeting of the trade union authorizing the making of an Application for Certification.

 

       (2A) To be considered by the Board, a membership card must be in writing, be signed by the employee concerned, and disclose the date on which the signature was obtained.

Subsection 9(2A) added: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (3)    Documents required by subsection (2) to be filed with the Board and any material related thereto is for the information of the Board only and shall not be revealed to the other parties to the application.

 

10   As at the date of filing of an Application for Certification by a trade union, for purposes of the Application for Certification a person is deemed to be a member in good standing of the trade union if the person joined or signed an application for membership in the trade union

 

                (a)    within the period from the first day of the third month preceding the calendar month in which the Application for Certification is made to the date of the Application for Certification; or

 

                (b)    before the period set out in clause (a) and, for any portion of that period, has paid to the trade union an amount in respect of fees or dues of the trade union supported by a receipt or other evidence acceptable to the Board that the fees or dues have been paid.

Section 10 replaced: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

11   (1)    The Chief Executive Officer shall serve the respondent with all of the following:

 

                (a)    a Notice of Application for Certification;

 

                (b)    a copy of the Application for Certification, exclusive of the documents required by subsection (2) of Regulation 9 to be filed with the Board and material related thereto;

 

                (c)    one or more copies of a Notice to Employees of Application for Certification, for posting.

Subsection 11(1) replaced: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Upon receipt of a Notice to Employees of Application for Certification the employer shall forthwith post and keep posted the Notice and all copies thereof that he has received for a period of ten days in a conspicuous place or places upon his premises where they are most likely to come to the attention of the employees in the proposed bargaining unit.

Subsection 11(2) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (3)    Immediately upon posting the Notice to Employees of Application for Certification and all copies thereof in accordance with subsection (2), the employer shall file with the Board a completed Return of Posting, in a form approved by the Board.

Subsection 11(3) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

12   (1)    Within five days of receipt from the Board of a Notice of Application for Certification the employer shall file with the Board

 

                (a)    a list in alphabetical order of all his employees as required by the Board; and

                (b)    if required by the Chief Executive Officer, a specimen signature of each of them.

 

       (2)    The employer shall verify the list of his employees by a statutory declaration to the effect that he has complied with this Section to the best of his knowledge and ability.

 

       (3)    The respondent employer shall accompany his list of employees with

 

                (a)    notification of the name and address of any trade union known to him to be claiming to be bargaining agent of any employees who may be affected by the application; and

 

                (b)    a copy of any existing or recently expired collective agreement that is or was recently binding upon the respondent or any of his employees in the bargaining unit claimed by the applicant to be appropriate or in a bargaining unit considered by the respondent to be appropriate.

 

13   The Chief Executive Officer shall serve notice of the Application for Certification upon any trade union or a council of trade unions named in the Application for Certification, named in the notification by the employer or known to the Chief Executive Officer as claiming to be the bargaining agent of any employees who may be affected by the application.

 

14   (1)    Within ten days of receipt from the Board of a Notice of Application for Certification the respondent employer, if he contests the application, shall file a Reply with the Board that

Subsection 14(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

                (a)    contains a concise statement of material facts upon which he intends to rely;

                (b)    indicates whether or not he requests a hearing; and

                (c)    specifically admits, denies or explains each of the statements made in the Application for Certification.

 

       (2)    Where a respondent employer submits that a bargaining unit other than the one applied for is appropriate, he shall give a detailed description of that unit, including the number of employees, their occupational classifications and geographic locations.

 

15   (1)    Any person, including an employee, trade union, council of trade unions, employer or employers’ association, who believes he has an interest that should be considered by the Board in connection with an Application for Certification may file with the Board a Notice of Intervention, in a form approved by the Board, within ten days after the date upon which the employer posted the Notice to Employees of Application for Certification.

Subsection 15(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    A trade union served with notice of an Application for Certification in accordance with Regulation 13 may, within five days of receipt thereof, or within ten days of the posting of the Notice to Employees of Application for Certification by the employer, whichever is the later, file with the Board a Notice of Intervention in a form approved by the Board.

Subsection 15(2) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (3)    A trade union desiring certification as bargaining agent of employees affected by an Application for Certification by another trade union shall file with the Board an Application for Certification in a form approved by the Board not later than the last day for intervention determined in accordance with subsection (2).

Subsection 15(3) replaced: O.I.C. 76-89, N.S. Reg. 4/76; amended; O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (4)    The intervenor’s Application for Certification, subject to the direction of the Board, shall be processed in the same fashion as an original Application for Certification, except that both applications shall be dealt with in the same proceeding.

 

16   Where no collective agreement is in force and where a bargaining agent has been certified under the Act for less than twelve months, a trade union that wishes to apply for certification shall comply with the provisions for these regulations relating to applications for certification and, in addition, shall submit evidence by affidavit to satisfy the Board that there are grounds for granting consent for an early application in accordance with subsection (3) of Section 23 of the Act.


Regulations respecting Craft Units - (Section 24 of the Act) please see page 55.


Amendment and revocation of certification - (See Sections 28 and 29 of the Act)

17   (1)    An Application for Revocation of Certification shall be made in a form approved by the Board and verified by statutory declaration.

Subsection 17(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    The Chief Executive Officer shall serve the certified trade union with a Notice of Application for Revocation of Certification in a form approved by the Board and a copy of the Application.

Subsection 17(2) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (3)    The Chief Executive Officer shall serve the employer with all of the following:

 

                (a)    an Employer’s Notice of Application for Revocation of Certification;

                (b)    a copy of the Application for Revocation of Certification;

                (c)    one or more copies of a Notice to Employees of Application for Revocation of Certification.

Subsection 17(3) replaced: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (4)    Upon receipt of a Notice to Employees of Application for Revocation of Certification, the employer shall forthwith post and keep posted the Notice and all copies thereof that he has received for a period of ten days in a conspicuous place or places upon his premises where they are most likely to come to the attention of the employees in the bargaining unit.

Subsection 17(4) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (5)    Immediately upon posting the Notice to Employees of Application for Revocation of Certification and all copies thereof in accordance with subsection (4), the employer shall file a completed Return of Posting with the Board in a form approved by the Board.

Subsection 17(5) replaced: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (6)    Within ten days of receipt from the Board of an Employer’s Notice of Application for Revocation of Certification, the employer shall file with the Board

 

                (a)    a list in alphabetical order of all his employees;

                (b)    if required by the Chief Executive Officer, a specimen signature of each of them.

 

       (7)    The employer shall verify the list of his employees by a statutory declaration to the effect that he has complied with subsection (6) to the best of his knowledge and ability.

 

18   Within ten days of receipt from the Board of a Notice of Application for Revocation of Certification the respondent trade union, if it contests the Application, shall file a Reply with the Board that

Section 18 amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

                (a)    contains a concise statement of material facts upon which the trade union intends to rely; and

 

                (b)    specifically admits, denies or explains each of the statements made in the Application for Revocation of Certification.

 

19   (1)    Any person, including an employee, trade union, council of trade unions, employer or employers’ organization, who believes he has an interest that should be considered by the Board in connection with an Application for Revocation of Certification may, within ten days from the date upon which the employer posted a Notice to Employees of Application for Revocation of Certification, file with the Board a Notice of Intervention in a form approved by the Board.

Subsection 19(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    A trade union desiring certification as bargaining agent of employees affected by an Application for Revocation of Certification shall make an Application for Certification in separate proceedings and not by way of intervention.

 

20   (1)    An application to amend a certification order where the name of the union or the name of the employer has been changed shall be made in a form approved by the Board and verified by statutory declaration, and shall be processed according to the direction of the Board.

Subsection 20(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    An application to amend a certification order to include specific additional classifications of employees in the unit or to combine previous certification orders into one order shall be made in a form approved by the Board and verified by statutory declaration, and, subject to the direction of the Board, shall be processed as an Application for Certification.

Subsection 20(2) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (3)    An application to amend a certification order to exclude specific classifications of employees from the unit shall be made in a form approved by the Board and verified by statutory declaration, and, subject to the direction of the Board, shall be processed as an Application for Revocation of Certification.

Subsection 20(3) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.


Voluntary recognition - (See Section 30 of the Act)

21   (1)    An application to the Board under Section 30 of the Act for an order deciding whether a trade union represents or represented a majority of employees in the unit defined by an agreement within that Section shall be made in a form approved by the Board and verified by statutory declaration.

Subsection 21(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Where the application is made by the trade union claiming to be party to an agreement within Section 30 of the Act, subject to the direction of the Board, the application shall be processed as an Application for Certification.

 

       (3)    Where the application is made by a trade union other than the trade union claiming to be party to an agreement within Section 30 of the Act, subject to the direction of the Board, the application shall be processed as an Application for Revocation of Certification.

 

       (4)    Nothing in this Section prevents any question relating to an agreement within Section 30 of the Act from being raised in an Application for Certification or in a Reply or Notice of Intervention following an Application for Certification or an Application for Revocation of Certification.


Transfer of business and successor rights - (See Sections 31 and 32 of the Act)

22   (1)    An application to the Board for an order resolving any question or problem that has arisen or may arise as a result of the sale, lease, or agreement to sell, lease or transfer a business or the operations thereof or any part thereof shall be made in a form approved by the Board and verified by statutory declaration.

Subsection 22(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    An application to the Board for an order resolving any question that has arisen or may arise as a result of the contracting out by an employer of work regularly done by his employees allegedly to avoid obligations under the Act shall be made in a form approved by the Board and verified by statutory declaration.

Subsection 22(2) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (3)    Where the application is made by a trade union, subject to the direction of the Board, the application shall be processed as an Application for Certification.

 

       (4)    Where the application is made by an employer, subject to the direction of the Board, the application shall be processed as an Application for Revocation of Certification.

 

23   (1)    An application to the Board for an order resolving any question in respect of the rights of a trade union that claims to act as the successor of a trade union that was the bargaining agent of a unit of employees shall be made in a form approved by the Board and verified by statutory declaration.

Subsection 23(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Where the application is made by the trade union claiming successor rights, subject to the direction of the Board, the application shall be processed as an Application for Certification.

 

       (3)    Where the application is made by any person other than the trade union claiming successor rights, subject to the direction of the Board, the application shall be processed as an Application for Revocation of Certification.


Work stoppages and jurisdictional disputes - (See Sections 51 and 52 of the Act)

24   (1)    A complaint to the Board under Section 51 of the Act shall be made in a form approved by the Board and verified by statutory declaration.

Subsection 24(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Where the work stoppage which is the subject of a complaint under Section 51 of the Act involves a jurisdictional dispute, a complaint shall also be made in accordance with Regulation 25.

Subsection 24(2) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (3)    Every reasonable effort shall be made to bring an Interim Order under Section 51 of the Act to the attention of all persons involved in or affected by the work stoppage, by notice to the trade unions of which they are members or by such other means as the Board considers practical in the circumstances.

Subsection 24(3) replaced: O.I.C. 76-89, N.S. Reg. 4/76.

 

       (4)    Where the complainant or a person named in an Interim Order requests a hearing he shall do so in writing.

 

25   (1)    A complaint to the Board under Section 52 of the Act shall be made in a form approved by the Board and verified by statutory declaration.

Subsection 25(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Notice of an Interim Order under Section 52 of the Act shall be served upon any trade union, employer or employers’ organization involved in the jurisdictional dispute.

 

       (3)    Where a trade union, employer or employers’ organization involved in a jurisdictional dispute in respect of which an Interim Order has been made applies to the Board to review the interim order the application shall be in writing and the applicant shall file with the Board

 

                (a)    any union constitution;

                (b)    any collective agreement;

                (c)    any agreement or understanding between trade unions as to their respective

jurisdictions on work assignments;

                (d)    any agreement or understanding between a trade union and an employer as to

work assignment;

                (e)    any decision of any tribunal respecting work assignment; and

                (f)    any other document,

 

relating to the work in dispute which may be in his possession and upon which he proposes to rely in support of his claim for relief or his claim that the relief requested should not be granted, as the case may be, and a statement as to any area or trade practice relating to the work in dispute, and pictures, diagrams or drawings of disputed work.

 

       (4)    Where a date is set for a hearing to review an Interim Order under Section 52 of the Act every person served with notice of the hearing shall file the material specified in subsection (3) with the Board prior to the hearing.

 

       (5)    To expedite proceedings under Sections 51 and 52 of the Act, where a hearing is required, the Board may, on any terms that it considers advisable:

 

                (a)    consult with the parties;

                (b)    conduct pre-hearing conferences;

                (c)    issue practice directions or procedural statements;

                (d)    establish, shorten or lengthen any time periods;

                (e)    change any filing or delivery requirements;

                (f)    schedule a hearing on short notice;

                (g)    conduct a hearing by way of written submissions and evidence, with or without

documents;

                (h)    conduct a hearing in person, by telephone or video-conferencing or by any

other mode of hearing; or

                (i)     make or cause to be made any examination of records or other inquiries that it considers necessary in the circumstances.

Subsection 25(5) added: O.I.C. 2010-359, N.S. Reg. 148/2010.


Unfair practices - (See Sections 53 - 58 of the Act)

26   (1)    A complaint under Section 55 of the Act shall be in writing and shall state the substance of the alleged failure to comply with Section 53 or 54 of the Act.

 

       (2)    The Chief Executive Officer or a person designated by him, under the direction of the Board, shall investigate a complaint made in accordance with subsection (1) and shall assist the parties to settle the complaint.

 

       (3)    A complainant who seeks a hearing and determination by the Board in accordance with paragraph (b) of subsection (1) of Section 56 of the Act shall file a complaint in a form approved by the Board and verified by statutory declaration.

Subsection 26(3) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (4)    The Chief Executive Officer shall serve all of the following with a copy of a complaint received under subsection (3):

 

                (a)    the person against whom the complaint is made;

                (b)    each interested person named in the complaint;

                (c)    any other persons the Board may direct.

Subsection 26(4) replaced: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (5)    Within five days of receipt of a copy of the complaint the person against whom the complaint is made, if he intends to contest the complaint, shall file a reply in which he specifically denies or admits each of the allegations in the complaint.

 

       (6)    Within five days of receipt of a copy of the complaint any person other than the person against whom the complaint is made, if he wishes to intervene, shall file a notice of his intervention which includes a statement of his interest in the matter and any facts which he intends to prove at the hearing.

 

27   Where a complaint to the Minister of Labour and Advanced Education under Section 36 of the Act is referred to the Board, subject to the direction of the Board, the complaint shall be processed as a complaint of an unfair practice contrary to Section 53 or Section 54 of the Act.

Section 27 amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

[Note: the reference to the Minister has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]


Part II - Construction Industry Labour Relations

(See Sections 92 - 107 of the Act)


(Section 94(7) of the Act provides that the regulations of the Board shall apply in respect of any proceedings and matters before the Panel except that, with the approval of the Governor in Council, the Panel may determine that any of the regulations do not apply and make regulations for its own purposes.)


Application for certification - (See Sections 95 and 96 of the Act)

28   Where an Application for Certification is made by a council of trade unions the applicant for certification shall, on the date of application, in addition to the Application for Certification and the documents required by subsection (2) of Regulation 9, file with the Board a statutory declaration of a person or persons authorized in accordance with Section 5 of the Act to sign the declaration on behalf of each of the trade unions that is a constituent union of the council to the effect that his or their trade union has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

Section 28 amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

29   (1)    The Chief Executive Officer shall serve the respondent with all of the following:

 

                (a)    a Notice of Application for Certification, Construction Industry;

                (b)    a copy of the Application for Certification exclusive of the documents required by subsection (2) of Regulation 9 to be filed with the Board and material

related thereto;

                (c)    one or more copies of the Notice to Employees of Application for Certification, for posting.

Subsection 29(1) replaced: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Subsection (1) of Regulation 11 does not apply to an Application for Certification under Part II of the Act.

 

       (3)    Regulation 14 does not apply to an Application for Certification under Part II of the Act.

 

       (4)    Regulation 15 applies to an intervention in an Application for Certification under Part II of the Act except that the Notice of Intervention must be filed within five days after the employer posted the Notice to Employees of Application for Certification.

Subsection 29(4) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (5)    The filing of a Notice of Intervention in accordance with subsection (2) of Regulation 15 does require the Panel to hold a hearing.

Subsection 29(5) replaced: O.I.C. 76-89, N.S. Reg. 4/76; amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

30   (1)    Where the Panel has issued an order denying an Application for Certification the applicant trade union or council of trade unions, if it wishes to have the order revoked, shall file a Request for Hearing in a form approved by the Board within ten days of receipt of the order.

Subsection 30(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Where the Panel has certified a trade union or council of trade unions, the employer named in the Application for Certification, or any employee in the units certified, or any other trade union or council of trade unions, if it or he wishes to have the order varied or revoked, shall file with the Board a Request for Hearing in a form approved by the Board within ten days after receipt of notice of the order.

Subsection 30(2) replaced: O.I.C. 76-89, N.S. Reg. 4/76.; amended: O.I.C. 2010-359, N.S. Reg. 148/2010.


Accreditation - (See Section 97 of the Act)

31   (1)    An Application of Accreditation as bargaining agent shall be made in a form approved by the Board and verified by statutory declaration of a person or persons authorized in accordance with Section 4 of the Act to sign the declaration.

Subsection 31(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    An Application for Accreditation shall include or be accompanied by

 

                (a)    a copy of the constitution, rules and by-laws of the employers’ association;

 

                (b)    the names and addresses of the officers of the employers’ organization;

 

                (c)    where necessary under Section 5 of the Act, a copy of the resolution passed at a meeting of the employers’ organization authorizing the making of an Application for Accreditation;

 

                (d)    a list of the unionized employers in the sector and area applied for which designate the trade union with which each bargains and which indicates the unionized employers who are members in good standing of the applicant employers’ organization;

 

                (e)    for each member of the applicant employers’ organization in the sector and area applied for, a statutory declaration signed by a person or persons authorized in accordance with Section 5 of the Act to sign a collective agreement on behalf of the member employer stating that the member employer has vested authority in the applicant employers’ organization to enable it to discharge the responsibilities of an accredited bargaining agent;

Clause 31(2)(e) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

                (f)    where the applicant employers’ organization intends to rely on paragraph (b) of subsection (3) of Section 97 of the Act, material verified by statutory declaration demonstrating that the employers who are members of the applicant employers’ organization employ a majority of the employees employed by unionized employers in the geographic area and sector applied for.

Clause 31(2)(f) replaced: O.I.C. 76-89, N.S. Reg. 4/76.

 

32   (1)    The Chief Executive Officer shall serve notice of the Application for Accreditation and a copy of the Application upon

 

                (a)    each trade union and each employer listed in the Application for Accreditation;

 

                (b)    every other employer, employers’ organization or trade union known to the Panel to be functioning in the geographic area and sector applied for; and

 

                (c)    any other employer, employers’ organization or trade union as the Panel sees fit.

Subsection 32(1) replaced: O.I.C. 76-89, N.S. Reg. 4/76.

 

       (2)    The notice shall call to the attention of the party to whom it is sent what his status is according to the Application for Accreditation and shall ask him to correct any errors.

 

33   (1)    Within 10 days of receipt from the Board of notice of an Application for Accreditation every trade union shall file with the Board a list of all employers in the area and sector applied for on behalf of whose employees that trade union is certified or with whom the trade union has a collective agreement.

 

       (2)    Each trade union shall verify its list of employers by statutory declaration to the effect that it has complied with this Section to the best of its knowledge and ability.

 

       (3)    Each trade union shall file, at the same time, a copy of any existing or recently expired collective agreement that is or was recently binding upon any employer in the sector and area applied for.

 

34   (1)    Any employer, employers’ organization, trade union or council of trade unions that has received notice under subsection (1) of Regulation 32 and who wishes to contest the Application for Accreditation, within fifteen days of receipt of notice of the Application for Accreditation, shall file a reply with the Board that

 

                (a)    contains a concise statement of material facts upon which it intends to rely; and

                (b)    specifically admits, denies or explains any statement made in the Application for Accreditation relevant to his interest.

Subsection 34(1) replaced: O.I.C. 76-89, N.S. Reg. 4/76; amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Where an employer, employers’ organization, trade union or council of trade unions submits that a unit of employers other than the one applied for is appropriate he shall give a detailed description of that unit.

 

       (3)    Any person, including an employee, a trade union, council of trade unions, employer or employers’ organization who believes that he has an interest that should be considered by the Panel in connection with the Application for Accreditation may, with leave of the Panel, file a Notice of Intervention with the Board in a form approved by the Board stating his interest in the proceeding, and documentary evidence in support of his claim.

Subsection 34(3) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

35   Where in an Application for Accreditation the Panel is not satisfied that the applicant employers’ organization has as members a majority of the unionized employers in the geographic area and sector applied for but the applicant organization claims that it has as members no less than 35% of the unionized employers in the geographic area and sector applied for and that those employers who are members of the applicant organization employ a majority of the employees employed by unionized employers in the geographic area and sector applied for, the Chief Executive Officer, under the direction of the Panel, may instruct the parties with regard to the documents to be filed with the Panel.

 

36   In determining the composition of a “sector” as defined in clause (h) of Section 92 of the Act, consideration shall be given to work characteristics which shall include the type of

 

(a)    processes;

(b)    materials;

(c)    techniques;

(d)    skills;

(e)    trades; and

(f)    end use

 

involved in the construction.

Section 36 consists of the text of O.I.C. 90-755, N.S. Reg. 160/90, which is a separate regulation made by the Governor in Council under Section 10 of the Act. For publication purposes it was included in the consolidation as if it were an amendment, and the remaining Sections were renumbered accordingly.


Revocation of accreditation - (See Section 101 of the Act)

37   (1)    An Application for Revocation of Accreditation shall be made in a form approved by the Board and verified by statutory declaration.

Subsection 37(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    The Chief Executive Officer shall serve the accredited employers’ organization, every employer bound by the accreditation order and every trade union or council of trade unions that has bargaining rights with the accredited employers’ organization with notice of the Application for Revocation of Accreditation.

Section 36 renumbered 37 for consolidation publishing purposes upon the addition of Section 36.

 

38   Within twenty days of receipt from the Panel of notice of an Application for Revocation of Accreditation the respondent employers’ association, if it contests the application, shall file a Reply with the Panel that

Section 38 amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

                (a)    contains a concise statement of material facts upon which the respondent employers’ association intends to rely; and

 

                (b)    specifically admits, denies or explains each of the statements made in the Application for Revocation of Accreditation.

Section 37 renumbered 38 for consolidation publishing purposes upon the addition of Section 36.

 

39   (1)    Any trade union or council of trade unions that has received notice of the Application for Revocation of Accreditation from the Panel, if it believes that it has an interest that should be considered by the Panel in connection with the Application for Revocation of Accreditation, within twenty days of receipt from the Panel of notice of the Application for Revocation of Accreditation, shall file a Notice of Intervention with the Board in a form approved by the Board stating its interest and documentary evidence in support of its claims.

Subsection 39(1) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

 

       (2)    Any other person, including an employee, trade union, council of trade unions, employer or employers’ organization, who believes that he has an interest that should be considered by the Panel in connection with the Application for Revocation of Accreditation may, with leave of the Panel, file a Notice of Intervention with the Board in a form approved by the Board stating his interest in the proceeding, and documentary evidence in support of this claim.

Subsection 39(2) amended: O.I.C. 2010-359, N.S. Reg. 148/2010.

Section 38 renumbered 39 for consolidation publishing purposes upon the addition of Section 36.


Employer’s complaint of unfair practice by accredited employers’ organization (See Section 99 of the Act)

40   A complaint by an employer that he has been denied membership in or expelled from an accredited employers’ organization contrary to Section 96 of the Act, subject to the direction of the Panel, shall be made and processed in accordance with Regulation 26.

Section 39 renumbered 40 for consolidation publishing purposes upon the addition of Section 36.


 

Part III - Transitional repealed: O.I.C. 2010-359, N.S. Reg. 148/2010.


Forms 1 to 21 repealed: O.I.C. 2010-359, N.S. Reg. 148/2010.

 ________________________________________________________________ 

Craft Units and Votes of Employees Regulations

made under Section 10

O.I.C. 73-580A (June 14, 1973), N.S. Reg. 54/73

as amended up to and including O.I.C. 77-646 (June 7, 1977), N.S. Reg. 46/77

 

1     (1)    In considering any application herebefore or hereafter made to the said Board under Section 24 (1) of the said Act for certification of a trade union as bargaining agent of the employees in a group belonging to a craft or exercising technical skills, and in determining whether the proposed group is otherwise appropriate as a unit for collective bargaining and whether the union should otherwise be certified, the Board shall require to be satisfied:

 

                (a)    that no material community of interest exists between the proposed group and other employees of the employer;

 

                (b)    that the industry in which the employer is engaged belongs to a class of industry which traditionally or normally is organized by craft unions pertaining to such respective crafts or other skills;

 

                (c)    that the continued normal operation of the employer’s production process is not dependent upon the performance of the assigned functions of the employees in the proposed unit;

 

                (d)    that the proposed group is more appropriate for collective bargaining than an employer, plant or sub-plant unit which included the employees in the group.

 

       (2)    This Section shall not apply to the construction industry, to any non-commercial institution, or to any other industry that does not produce or deal in goods or services on a commercial basis.


Regulation # 2 repealed: O.I.C. 77-646, N.S. Reg. 46/77.