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Trade Union Procedure Regulations

made under clause 12(1)(b) of the

Labour Board Act

S.N.S. 2010, c. 37

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

amended to O.I.C. 2020-353 (effective December 23, 2020), N.S. Reg. 191/2020



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Interpretation

 

Part I

General

Application for Certification

Amendment and Revocation of Certification

Voluntary Recognition

Transfer of Business and Successor Rights

Work Stoppages and Jurisdictional Disputes

Unfair Practices

 

Part II—Construction Industry Labour Relations

Application for Certification

Accreditation

Revocation of Accreditation

Employer’s Complaint of Unfair Practice by Accredited Employers’ Organization


 


Interpretation

 

1        (1)    In these regulations

 

“Act” means the Trade Union Act;

 

“Chief Administrator” means the Chief Administrator of the Board;

 

“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;

 

“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 Section 2;

 

“respondent” means the person named in an application or complaint as a respondent or added as a respondent by the Board under Section 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)    Service of a document required to be served by these regulations may be made by any of the following methods, unless these regulations specify a particular method of service:

 

                   (a)      in person;

 

                   (b)     by registered mail, addressed to the recipient at any of the following for the recipient:

 

                              (i)      their address for service,

 

                              (ii)     their last known or usual address,

 

                              (iii)    the principal office of their place of business referred to in an application, complaint, intervention or reply in a proceeding;

 

                   (c)      by facsimile transmission;

 

                   (d)     by e-mail or through such other form of electronic document exchange as the Board authorizes.

 

          (2)    Except where otherwise provided by these regulations or the Board’s Rules of Procedure the Chief Administrator 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.

 

2A     (1)    Except as directed by the Board under subsection (2), a notice that is required to be posted under these regulations may be posted by 1 or more of the following means:

 

                   (a)      posting of the notice along with all copies of the notice that the employer has received in a conspicuous place or places on the employer’s premises where the document is most likely to come to the attention of the employees;

 

                   (b)     posting of the notice on a secure website to which all of the employer’s employees have access;

 

                   (c)      simultaneous distribution of the notice by e-mail to the employer’s employees, to the last known e-mail address of each employee.

 

          (2)    The Board may specify and direct the means for posting a notice under these regulations.

 

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 Administrator; or

 

                   (b)     where it is mailed by registered mail and addressed to The Labour Board, P.O. Box 202, Halifax, Nova Scotia, at the time it is mailed.

 

          (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 Administrator may waive the requirement of any information which is, in the Chief Administrator’s opinion, unnecessary in the circumstances.

 

          (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 the person to make representations or adduce evidence.

 

4        (1)    Where, in any proceeding, the Board deems it necessary to hear verbal evidence or argument, the Chief Administrator 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 by a means specified in Section 2A 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 the person.

 

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.

 

6        Where, in accordance with Sections 25, 29, 31, 32, 95 or 97 of the Act or subsection 20(2) or (3) of these regulations, or for any other reason, the Board has directed that a vote be taken of the employees in a bargaining unit, the Chief Administrator is responsible for taking the vote and, subject to the direction of the Board, has authority to do all of the following:

 

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

 

                   (b)     issue directions that the Chief Administrator considers necessary for the taking of the vote;

 

                   (c)      ascertain the result of the vote, which the Chief Administrator must report to the Board.

 

7        All orders of the Board shall be signed by the Chief Administrator or by the Chair or a Vice-chair.

 

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.

 

          (2)    Upon receipt of an Application for Reconsideration the Chief Administrator, 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.

 

          (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;

 

                   (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.

 

          (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.

 

11      (1)    The Chief Administrator 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 9(2) 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 in accordance with subsection (2).

 

          (2)    On receiving a Notice to Employees of Application for Certification, the employer must forthwith post the notice and keep it posted for a period of 10 days by any means identified in clauses 2A(1)(a) to (c) that the employer considers is most likely to come to the attention of the employees in the proposed bargaining unit, unless otherwise specifically directed by the Board under subsection 2A(2).

 

          (3)    Immediately upon posting the Notice to Employees of Application for Certification in accordance with subsection (2), the employer must file with the Board a completed Return of Posting, in a form approved by the Board, that includes either

 

                   (a)      the specific means by which the notice was posted by the employer in accordance with subsection (2); or

 

                   (b)     if the means of posting was specified and directed by the Board under subsection 2A(2), confirmation that the notice was posted as specified and directed.

 

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 the employer’s employees as required by the Board; and

 

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

 

          (2)    The employer must verify the list of the employer’s employees by a statutory declaration to the effect that the employer has complied with this Section to the best of their knowledge and ability.

 

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

 

                   (a)      notification of the name and address of any trade union known to the respondent 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 their 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 Administrator 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 Administrator 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 the respondent contests the application, shall file a Reply with the Board that

 

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

 

                   (b)     indicates whether or not the respondent 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, the respondent 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 they have 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.

 

          (2)    A trade union served with notice of an Application for Certification in accordance with Section 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.

 

          (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).

 

          (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 23(3) of the Act.


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.

 

          (2)    The Chief Administrator 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.

 

          (3)    The Chief Administrator 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, for posting in accordance with subsection (4).

 

          (4)    On receiving a Notice to Employees of Application for Revocation of Certification, the employer must forthwith post the notice and keep it posted for a period of 10 days, by any means identified in clauses 2A(1)(a) to (c) that the employer considers is most likely to come to the attention of the employees in the proposed bargaining unit, unless otherwise specifically directed by the Board under subsection 2A(2).

 

          (5)    Immediately upon posting the Notice to Employees of Application for Revocation of Certification in accordance with subsection (4), the employer must file with the Board a completed Return of Posting, in a form approved by the Board, that includes either

 

                   (a)      the specific means by which the notice was posted by the employer in accordance with subsection (4); or

 

                   (b)     if the means of posting was specified and directed by the Board under subsection 2A(2), confirmation that the notice was posted as specified and directed.

 

          (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 the employer’s employees;

 

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

 

          (7)    The employer must verify the list of the employer’s employees by a statutory declaration to the effect that the employer has complied with subsection (6) to the best of their 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

 

                   (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 they have 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.

 

          (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.

 

          (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.

 

          (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.


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.

 

          (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.

 

          (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 the employer’s employees allegedly to avoid obligations under the Act shall be made in a form approved by the Board and verified by statutory declaration.

 

          (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.

 

          (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.

 

          (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 Section 25.

 

          (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.

 

          (4)    Where the complainant or a person named in an Interim Order requests a hearing they must 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.

 

          (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 must be in writing and the applicant must file with the Board any document that relates to the work in dispute and which may be in the applicant’s possession and upon which the applicant proposes to rely in support of their claim for relief or their claim that the relief requested should not be granted, including all of the following, and a statement as to any area or trade practice relating to the work in dispute, and pictures, diagrams or drawings of disputed work:

 

                   (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.

 

          (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.


Unfair Practices

(See Sections 53–58 of the Act)

 

26      (1)    A complaint under Section 55 [57] of the Act shall be in writing and shall state the substance of the alleged failure to comply with Section 53 or 54 [55 or 56] of the Act.

 

          (2)    The Chief Administrator or a person designated by the Chief Administrator, 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 clause 56(1)(b) of the Act shall file a complaint in a form approved by the Board and verified by statutory declaration.

 

          (4)    The Chief Administrator 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.

 

          (5)    Within five days of receipt of a copy of the complaint the person against whom the complaint is made, if they intend to contest the complaint, shall file a reply in which they specifically deny or admit 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 they wish to intervene, shall file a notice of their intervention that includes a statement of their interest in the matter and any facts that they intend 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.



Part II—Construction Industry Labour Relations

(See Sections 92–107 of the Act)

 

27A   Part I applies in respect of any proceedings and matters before the Board under Part II unless the provisions in Part I are inconsistent with Part II or as otherwise stated in Part II.


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 9(2), 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 their trade union has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

 

29      (1)    The Chief Administrator 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 9(2) 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 in accordance with subsection 11(2).

 

          (1A) Immediately upon posting the Notice to Employees of Application for Certification in accordance with subsection 11(2), the employer must file with the Board a completed Return of Posting, in a form approved by the Board, that includes either

 

                   (a)      the specific means by which the notice was posted by the employer in accordance with subsection 11(2); or

 

                   (b)     if the means of posting was specified and directed by the Board under subsection 2A(2), confirmation that the notice was posted as specified and directed.

 

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

 

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

 

          (4)    Section 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.

 

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

 

30      (1)    Where the Board 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.

 

          (2)    Where the Board 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 they wish 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.


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 5 of the Act to sign the declaration.

 

          (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;

 

                   (f)      where the applicant employers’ organization intends to rely on clause 97(3)(b) 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.

 

32      (1)    The Chief Administrator 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 Board to be functioning in the geographic area and sector applied for; and

 

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

 

          (2)    The notice shall call to the attention of the party to whom it is sent what their status is according to the Application for Accreditation and shall ask them 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 32(1) 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 they intend to rely; and

 

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

 

          (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 they 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 they have an interest that should be considered by the Board in connection with the Application for Accreditation may, with leave of the Board, file a Notice of Intervention with the Board in a form approved by the Board stating their interest in the proceeding, and documentary evidence in support of their claim.

 

35      Where in an Application for Accreditation the Board 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 Administrator, under the direction of the Board, may instruct the parties with regard to the documents to be filed with the Board.


Revocation of Accreditation

(See Section 101 of the Act)

 

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

 

          (2)    The Chief Administrator 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.

 

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

 

                   (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.

 

38      (1)    Any trade union or council of trade unions that has received notice of the Application for Revocation of Accreditation from the Board, if it believes that it has an interest that should be considered by the Board in connection with the Application for Revocation of Accreditation, within twenty days of receipt from the Board 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.

 

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


Employer’s Complaint of Unfair Practice by Accredited Employers’ Organization

(See Section 99 of the Act)

 

39      A complaint by an employer that they have been denied membership in or expelled from an accredited employers’ organization contrary to Section 99 of the Act, subject to the direction of the Board, shall be made and processed in accordance with Section 26.



 

 


Legislative History
Reference Tables

Trade Union Procedure Regulations

N.S. Reg. 101/1972

Labour Board Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Trade Union Procedure Regulations under the Labour Board Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

101/1972

Oct 1, 1972

date specified

unpublished1

4/1976

Jan 27, 1976

date made

unpublished1

148/2010

Sep 28, 2010

date specified

Oct 22, 2010

191/2020

Dec 23, 2020

date specified

Jan 15, 2021

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep.=repealed

rs. = repealed and substituted

Provision affected

How affected

1(1)...................................................

am. 191/2020 (clause lettering removed)

1(1), defn. of “Chief Administrator”

ad. 191/2020

2(1)...................................................

rs. 191/2020

2A.....................................................

ad. 191/2020

3(1)(b)...............................................

am. 191/2020

3(2)...................................................

am. 148/2010, 191/2020

3(3)...................................................

am. 148/2010, 191/2020

4(3)...................................................

am. 191/2020

5(3)...................................................

am. 148/2010

6........................................................

rs. 191/2020

7........................................................

am. 191/2020

8(1)...................................................

am. 148/2010, 191/2020

9(1)...................................................

am. 148/2010, 191/2020

9(2)(c)...............................................

rs. 148/2010

9(2)(d)...............................................

am. 191/2020

9(2A)................................................

ad. 148/2010

10......................................................

rs. 148/2010

11(1).................................................

rs. 148/2010

11(1)(b)-(c)..................................

am. 191/2020

11(2).................................................

am. 148/2010; rs. 191/2020

11(3).................................................

am. 148/2010; rs. 191/2020

12(1)(a).............................................

am. 191/2020

12(2).................................................

rs. 191/2020

12(3)(a).............................................

am. 191/2020

14......................................................

am. 191/2020

14(1).............................................

am. 148/2010

15(1)-(2)...........................................

am. 148/2010

15(3).................................................

rs. 4/1976; am. 148/2010

16......................................................

am. 191/2020

17(1)-(2)...........................................

am. 148/2010

17(3).................................................

rs. 148/2010

17(3)(c)........................................

am. 191/2020

17(4).................................................

am. 148/2010; rs. 191/2020

17(5).................................................

rs. 148/2010, 191/2020

17(6)(a).............................................

am. 191/2020

17(7).................................................

rs. 191/2020

18......................................................

am. 148/2010

19(1).................................................

am. 148/2010

20......................................................

am. 148/2010

21......................................................

am. 191/2020

21(1)..............................................

am. 148/2010

22(1).................................................

am. 148/2010

22(2).................................................

am. 148/2010, 191/2020

23(1).................................................

am. 148/2010

24......................................................

am. 191/2020

24(1)-(2)........................................

am. 148/2010

24(3)..............................................

rs. 4/1976

24(4)..............................................

am. 191/2020

25......................................................

am. 191/2020

25(1)..............................................

am. 148/2010

25(3)..............................................

rs. 191/2020

25(5)..............................................

ad. 148/2010

26(2).................................................

am. 191/2020

26(3).................................................

am. 148/2010, 191/2020

26(4).................................................

rs. 148/2010

26(5).................................................

am. 191/2020

26(6).................................................

rs. 191/2020

27......................................................

am. 148/2010, 191/2020

note after “Part II – Construction Industry Labour Relations”............

rep. 191/2020

27A...................................................

ad. 191/2020

28......................................................

am. 148/2010, 191/2020

29(1).................................................

rs. 148/2010

29(1)(b)-(c)..................................

am. 191/2020

29(1A)..............................................

ad. 191/2020

29(2).................................................

am. 191/2020

29(4).................................................

am. 148/2010

29(5).................................................

rs. 4/1976; am. 148/2010, 191/2020

30(1).................................................

am. 148/2010

30(2).................................................

rs. 4/1976; am. 148/2010, 191/2020

31(1).................................................

am. 148/2010, 191/2020

31(2)(c).............................................

am. 191/2020

31(2)(e).............................................

am. 148/2010

31(2)(f).............................................

rs. 4/1976; am. 191/2020

32(1).................................................

rs. 4/1976

32(2).................................................

am. 191/2020

34(1).................................................

rs. 4/1976; am. 148/2010, 191/2020

34(1)(a)........................................

am. 191/2020

34(2).................................................

am. 191/2020

34(3).................................................

am. 148/2010

36(1).................................................

am. 148/2010

37......................................................

am. 148/2010

38(1)-(2)...........................................

am. 148/2010

39......................................................

am. 191/2020

Part III-Transitional..........................

rep. 148/2010

Forms 1-21.......................................

rep. 148/2010

“Panel” replaced throughout with “Board”..........................................

am. 191/2020

“Regulation” replaced throughout with “Section”........................................

am. 191/2020

“Chief Executive Officer” replaced throughout with “Chief Administrator”...............................



am. 191/2020

“he has” replaced throughout with “they have”.....................................


am. 191/2020

“his” replaced throughout with “their”........................................................


am. 191/2020

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective date

1

Regulations in effect on April 1, 1977, and filed with the Registrar before March 31, 1978, are exempt from publication under subsection 24(2) of the Regulations Act.

 

2

Cross-references to provisions of the Trade Union Act, S.N.S. 1972, c. 19, have been updated by the Office of the Registrar of Regulations to reflect the revised numbering in the Trade Union Act, R.S.N.S. 1989, c. 475.

Feb 22, 1990

3

The reference to the Minister of Labour in s. 27 should be read as a reference to the Minister of Labour and Workforce Development in accordance with O.I.C. 2008-382 under the Public Service Act, R.S.N.S. 1989, c. 376.
(corrected by N.S. Reg. 148/2010)

Jul 15, 2008

4

The reference to the Minister of Labour and Workforce Development in s. 27 should be read as a reference to the Minister of Labour and Advanced Education in accordance with O.I.C. 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376.
(corrected by N.S. Reg. 191/2020)

Jan 11, 2011

5

The enabling provisions for these regulations (ss. 18 and 94) under the Trade Union Act, R.S.N.S. 1989, c. 475 are repealed and replaced by ss. 142 and 149 under the Labour Board Act, S.N.S. 2010, c. 37 (proclaimed in force by N.S. Reg. 24/2011), and the authority to make rules and regulations respecting Board procedures is now in s. 12(1) of the Labour Board Act (regulations continue under substituted provisions).

Feb 8, 2011

6

The Construction Industry Panel is abolished by s. 19(1) of the Labour Board Act, S.N.S. 2010, c. 37 (proclaimed in force by N.S. Reg. 24/2011), and references to the Panel are to be read as references to the Board in accordance with s. 25 of that Act.
(corrected by N.S. Reg. 191/2020)

Feb 8, 2011

7

The Labour Relations Board is abolished by s. 19(1) of the Labour Board Act S.N.S. 2010, c. 37 (proclaimed in force by N.S. Reg. 24/2011), and references to the Labour Relations Board are to be read as references to the Board in accordance with s. 25 of that Act.
(corrected by N.S. Reg. 191/2020)

Feb 8, 2011

8

Subsection 94(7) of the Act, referred to in the note immediately after the heading to Part II, is repealed by s. 149 of the Labour Board Act, S.N.S. 2010, c. 37 (proclaimed in force by N.S. Reg. 24/2011).
(corrected by N.S. Reg. 191/2020)

Feb 8, 2011

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

12/1947*

Labour Relations Board Regulations

Oct 14, 1947

Oct 1, 1972

*Note: The order in council for N.S. Reg. 101/1972 states that it repeals regulations governing procedure approved by Order in Council dated August 30, 1949.  No order with this date is on file with the Registrar of Regulations and there is no evidence in the sessional volumes for 1948-1950 that N.S. Reg. 12/1947 was replaced then.  None of the amendments filed during the 40s, 50s and 60s include a specific N.S. Reg. number for the base regulations, but they are assumed to be the regulations filed as 12/1947.

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.