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RSNL1990 CHAPTER T–3

TEACHERS' COLLECTIVE BARGAINING ACT

Amended:

1996 c.13 s.28; 1996 cS-12.1 s118; 1997 cS-12.2 s126; 2006 c40 s21

CHAPTER T-3

AN ACT TO PROVIDE FOR COLLECTIVE
BARGAINING RESPECTING TEACHERS'
SALARIES AND WORK CONDITIONS

Analysis


       
1.   Short title

       
2.   Interpretation

       
3.   Rights of teachers

       
4.   Formation of units

       
5.   Application for certification of bargaining agent

       
6.   Certification of bargaining agent

       
7.   Exclusive authority of association

       
8.   Revocation of certification

       
9.   NTA to be 1st bargaining agent

     
10.   School board committee

     
11.   Negotiation

     
12.   Bargaining

     
13.   Appointment of conciliator

     
14.   Conciliation board

     
15.   Remuneration

     
16.   Duration of agreement

     
17.   Arbitration provision

     
18.   Rep. by 1996 cS-12.1 s118

     
19.   Provisional agreement to be initialled

     
20.   Execution of collective agreement

     
21.   Arbitration

     
22.   Number of arbitrators

     
23.   Remuneration of arbitrators

     
24.   Commencement and termination of arbitration proceedings

     
25.   Duration of decision of board of arbitrators

     
26.   Duration of agreements

     
27.   Validation of provisions

     
28.   Provisions binding on school boards

     
29.   Provision not binding on school board

     
30.   Agreement continued

     
31.   Conditions precedent

     
32.   Payments

     
33.   Binding effect of collective agreement

     
34.   Administration

     
35.   General powers of Labour Relations Board

     
36.   Regulations made under Labour Relations Act

     
37.   Matters to be decided

     
38.   Penalty

     
39.   Prosecution


Short title

        1. This Act may be cited as the Teachers' Collective Bargaining Act.

1973 No114 s1

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Interpretation

        2. (1) In this Act

             (a)  "association" means a local or provincial organization or association of teachers or a local or provincial branch of a national or international organization or association of teachers within the province that has as 1 of its purposes the regulation in the province of relations between employers of teachers and teachers through collective bargaining or the promotion of the welfare of teachers, whether or not the organization or association also contains other persons who are employees of the employers;

             (b)  "bargaining agent" means an association that acts on behalf of teachers in collective bargaining;

             (c)  "bargaining committee" means the bargaining committee of a bargaining agent certified under or designated by this Act and so appointed by that bargaining agent;

             (d)  "certified bargaining agent" means a bargaining agent that has been certified under this Act by a valid and existing certification;

             (e)  "collective agreement" means a written agreement executed and delivered in accordance with this Act by and between the government, school boards and a bargaining agent of a unit of teachers or other persons acting on behalf of that unit, containing provisions relating to rates of pay for and working conditions of teachers;

             (f)  "collective bargaining" means negotiating under this Act with a view to the conclusion of a collective agreement or the renewal or revision of a collective agreement;

             (g)  "conciliator" means a person appointed as such under section 13;

             (h)  "Labour Relations Board" means the Labour Relations Board referred to in theLabour Relations Act;

              (i)  "lockout" includes the closing of a school, a suspension of work in a school or a refusal by a school board to continue to employ a number of teachers, done to compel the teachers or to help another school board to compel teachers to agree to terms or conditions of employment;

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

             (k)  "school" means a public school as defined in the Schools Act, 1997;

              (l)  "school board" means a board as defined in the Schools Act, 1997;

           (m)  "school board committee" means a committee appointed under section 10 to conduct collective bargaining;

             (n)  "strike" includes a cessation of work or a refusal to work or to continue to work by teachers in combination or in concert or in accordance with a common understanding or a slow-down or other concerted activity on the part of teachers designed to restrict or limit output;

             (o)  "teacher" means a person who holds a certificate of licence to teach which was issued under the Teacher Training Act, or which is recognized as a valid certificate or licence under that Act and who is employed by a school board in the province in a professional capacity; and

             (p)  "unit" means a group of teachers or other persons determined in accordance with section 4 for the purpose of collective bargaining.

             (2)  The expressions "director", "assistant director", "assistant director of finance and administration" and "emergency supply" have the meanings assigned to them respectively by theSchools Act, 1997 .

1973 No114 s2; 1984 c40 Sch B; 1989 c25 Sch B; 1996 c13 s28; 1996 cS-12.1 s118; 1997 cS-12.2 s126; 2006 c40 s21

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Rights of teachers

        3. Every person in a unit has a right to be a member of an association which is or seeks to be certified or designated as a bargaining agent for that unit and the right to participate in the activities of that association.

1973 No114 s4

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Formation of units

        4. (1) The Labour Relations Board shall determine the units in which teachers shall be grouped as appropriate for collective bargaining.

             (2)  All teachers shall, notwithstanding that they are employed by different school boards, be grouped in the same unit.

             (3)  The Labour Relations Board may exclude from the unit of teachers referred to in subsection (2) teachers who, in the opinion of the Labour Relations Board, are part of management.

             (4)  In the case of schools operated or supported by companies in Labrador , whether or not the expenses of the schools are subsidized by grants from funds voted by the Legislature, the teachers teaching in the schools may be included in a unit separate from the unit for teachers referred to in subsection (2).

1973 No114 s5

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Application for certification of bargaining agent

        5. (1) An association claiming to have as members in good standing a majority of the teachers or other persons in a unit may, subject to the rules of the Labour Relations Board and in accordance with this section, apply to the Labour Relations Board to be certified as bargaining agent of that unit.

             (2)  Where a collective agreement is not in force and a bargaining agent has not been certified under or designated by this Act to bargain collectively for the unit, the application may be made at any time.

             (3)  Where a collective agreement is not in force but a bargaining agent has been certified under or designated by this Act for the unit and the bargaining rights of that bargaining agent have not been terminated under section 8, the application may be made, where the bargaining agent has been so certified, after the expiration of 12 months from the date of the certification but not before except with the consent of the Labour Relations Board.

             (4)  Where a collective agreement is in force, the application may be made after the expiration of 10 months of the term of the collective agreement, but not before, except with the consent of the Labour Relations Board.

1973 No114 s6

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Certification of bargaining agent

        6. (1) Where an association applies for certification under this Act as bargaining agent of a unit, the Labour Relations Board shall take the steps that it considers appropriate to determine the wishes of the teachers or other persons in the unit as to the selection of a bargaining agent to act on their behalf.

             (2)  Where, as a result of an application for certification under this Act by an association, the Labour Relations Board

             (a)  is satisfied that the majority of the teachers or other persons in the unit are members in good standing of the association; or

             (b)  if, as a result of a vote of the teachers or other persons in the unit, it is satisfied that a majority of them have selected the association to be a bargaining agent on their behalf,

the Labour Relations Board may certify the association as the bargaining agent of the unit.

             (3)  The Labour Relations Board may, for the purpose of determining whether the majority of the teachers or other persons in a unit are members in good standing of an association or whether a majority of them have selected an association to be their bargaining agent, make the examination of records or other inquiries that it considers necessary, including the holding of the hearings or the taking of the votes that it considers necessary, and the Labour Relations Board may prescribe the nature of the evidence to be provided to it.

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

             (a)  influenced by a school board or the government of the province so that its fitness to represent teachers for the purposes of collective bargaining is impaired; or

             (b)  dominated by a school board or the government of the province

shall not be certified as a bargaining agent under this Act, nor shall an agreement entered into between the association and the government of the province and the school board committee be considered to be a collective agreement for the purposes of this Act.

1973 No114 s7

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Exclusive authority of association

        7. Where an association is certified under this Act as the bargaining agent of the teachers or other persons in a unit,

             (a)  the association shall immediately replace another bargaining agent representing that unit and shall have exclusive authority to conduct collective bargaining on behalf of the teachers or other persons in the unit and to bind them by a collective agreement until the certification of the association in respect of the unit is revoked;

             (b)  and another association had previously been certified under or designated by this Act as bargaining agent in respect of teachers or other persons in the unit, if the last mentioned association was so certified its certification shall be considered to be revoked or if it was so designated its bargaining rights shall be terminated in respect of that unit; and

             (c)  if, at the time of certification, a collective agreement binding on or entered into on behalf of a unit is in force, then the association shall be substituted as a party to the agreement in place of the bargaining agent that is a party to the agreement on behalf of that unit.

1973 No114 s8

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Revocation of certification

        8. (1) Where, following investigation and after a hearing if requested by a party concerned, it is determined by the Labour Relations Board that a bargaining agent no longer represents a majority of the teachers or other persons in the unit for which it was certified or for which it acts as bargaining agent, the Labour Relations Board on its own initiative or upon application may

             (a)  revoke the certification of the bargaining agent, if it was certified under section 6; or

             (b)  if the bargaining agent was not certified under section 6, by a written declaration terminate the bargaining rights of the bargaining agent,

and then the school board committee shall not be required to bargain collectively with the bargaining agent, but nothing in this subsection shall prevent the bargaining agent from making an application under section 5.

             (2)  The Labour Relations Board shall not be required to accept or deal with an application to revoke the certification of a certified bargaining agent within the period of 6 months immediately following

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

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

             (c)  the date when that bargaining agent by notice required the school board committee to commence collective bargaining, if the notice was given,

but the Labour Relations Board may accept and deal with the application.

1973 No114 s9

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NTA to be 1st bargaining agent

        9. Unless it is replaced by a certified bargaining agent, the Newfoundland Teachers' Association referred to in the Teachers' Association Act shall be the bargaining agent for all teachers and shall be so recognized for all of the purposes of this Act, as if it had been certified by a valid and existing certification.

1973 No114 s10

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School board committee

      10. (1) For negotiations to be held under this Act, a school board committee shall be appointed by the Lieutenant-Governor in Council consisting of 7 persons to be selected in accordance with this section.

             (2)  The school boards of the province shall consider, decide on and nominate 4 persons to represent all the school boards on the school board committee.

             (3)  The nomination of the 4 persons referred to in subsection (2) shall be made in writing to the minister and may be made directly by the school boards, or, on behalf of them, by the Federation of School Boards of Newfoundland or by another agency representing the school boards.

             (4)  The minister may accept for appointment the nomination of 4 persons who are nominated by or on behalf of not less than 75% of the total number of school boards in the province.

             (5)  Where a nomination is not made by at least 75% of the total number of the school boards in the province in accordance with subsections (2) and (3), the Minister of Education shall, at the request of the minister, nominate in writing to the minister 4 persons to represent all the school boards on the school board committee.

             (6)  The President of the Treasury Board shall select a chief negotiator and 2 additional persons to represent the government on the school board committee and shall recommend to the Lieutenant-Governor in Council the names of the persons to be appointed to the school board committee.

             (7)  A school board committee shall hold office for a period of 2 years from the date of their appointment and persons shall be selected to succeed them at least 30 days before the expiration of their term of office, and persons who have previously served on the school board committee may be reappointed to it.

             (8)  This section shall apply with respect to the nomination or selection and appointment of persons to serve on the school board committee in succession to persons previously appointed to it, and the nomination or selection of the persons referred to in subsections (2) and (6) shall be made at least 60 days before the expiration of the term of office of the persons they are to succeed.

             (9)  Where a member of a school board committee refuses to act, dies, resigns or is, because of disability or for another reason, unable to act, a person may be nominated or selected and appointed to succeed the member and this section shall, with the necessary changes, apply in respect of every nomination or selection and appointment.

          (10)  A majority of the members of the school board committee shall constitute a quorum, if it includes at least 1 member who was selected by the President of the Treasury Board.

1973 No114 s11

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Negotiation

      11. (1) The school board committee appointed under section 10 shall have the exclusive right to conduct collective bargaining under this Act on behalf of school boards and the government.

             (2)  The chief negotiator for the school board committee shall have charge of all negotiations entered into in collective bargaining conducted under this Act by the school board committee but he or she shall act at all times in consultation with the other members of the school board committee.

             (3)  The chief negotiator shall make the sole and final decision on the tentative approval or rejection of a proposal considered at negotiations referred to in subsection (2) where the proposal involves the expenditure, directly or indirectly, of public money.

1973 No114 s12

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Bargaining

      12. (1) When the President of the Treasury Board is requested in writing by a bargaining agent certified under or designated by this Act to direct the school board committee to act under this section, he or she shall so direct, and the school board committee shall, within 30 days after receipt of a request by the President of the Treasury Board to do so, enter into collective bargaining with a bargaining committee of that bargaining agent and shall make every reasonable effort to come to an agreement for the purpose of making a collective agreement.

             (2)  The bargaining committee of

             (a)  the Newfoundland Teachers' Association shall consist of those persons appointed by the council of that association; and

             (b)  a certified bargaining agent shall consist of those persons appointed according to the constitution of that certified bargaining agent.

             (3)  A bargaining committee may be accompanied by their legal counsel and advisors, and the school board committee may be accompanied by the legal counsel and other advisors that the chief negotiator of the school board committee considers advisable.

1973 No114 s13

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Appointment of conciliator

      13. Where, after collective bargaining has been started under section 12, the bargaining committee or the chief negotiator of the school board committee wishes a conciliator to confer with the parties to the collective bargaining to help them to conclude a collective agreement and makes a written request to the chairperson of the Labour Relation Board to appoint a conciliator for that purpose together with a written statement of the difficulties that have been encountered in the course of the collective bargaining, that chairperson shall appoint a conciliator for the purposes requested, and the conciliator shall be a conciliation officer employed in the Department of Employment and Labour Relations.

1973 No114 s14

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Conciliation board

      14. (1) Where the minister is of the opinion that it is desirable to appoint a conciliation board to bring about agreement between the parties to collective bargaining, the minister may, on the application of either of the parties or on his or her own initiative, order that a conciliation board shall be appointed, and where the minister makes the order, he or she shall serve a copy of the order on each of the parties to the collective bargaining to which the order relates.

             (2)  A conciliation board appointed under this section shall consist of a chairperson and 2 members.

             (3)  Within 7 days after the service of the order of the minister on all of the parties to the collective bargaining under subsection (1), the school board committee and the appropriate certified or designated bargaining agent shall each appoint 1 person to be a member of the conciliation board.

             (4)  Where the school board committee or the appropriate certified or designated bargaining agent fails to appoint a member of the conciliation board within the time prescribed in subsection (3), the chairperson of the Labour Relations Board shall, upon the written request of the minister or either party to the collective bargaining, appoint the member, and the 2 members so appointed shall agree upon and appoint a 3rd member who shall be the chairperson of the conciliation board.

             (5)  Where the 2 members of the conciliation board appointed under subsection (3) or (4) fail to appoint the member who is to be the chairperson of the conciliation board after 7 clear days' notice in writing from the minister or either party to the collective bargaining to do so, the chairperson of the Labour Relations Board shall, on the written request of the minister or of either party to the collective bargaining, appoint the member.

             (6)  Where 2 or more parties give notice under subsection (5), the date of the notice for the purpose of that subsection shall be the date of the 1st of the notices.

             (7)  Each member of the conciliation board shall, before entering upon the duties of his or her office, take and sign the following oath or affirmation of office before a person authorized to administer oaths or affirmations:

           "I, A.B., swear (affirm) and say that I will, faithfully, truly and impartially, to the best of my knowledge, skill and ability, execute and perform the duties of a member of the conciliation board appointed under theTeachers' Collective Bargaining Act, to .................................. and will not, except in the discharge of my duties, disclose to a person the evidence or other matter brought before the board." (Where an oath is taken, add "So help me God".).

             (8)  Where a member, including a member who is appointed chairperson of a conciliation board, refuses to act, dies, resigns, or is unable to carry out his or her duties under this Act, the chairperson of the Labour Relations Board may, and shall, upon the written request of the minister or of either party to the collective bargaining, by order, revoke the appointment of the member, and

             (a)  where the member concerned is other than the chairperson, the chairperson of the Labour Relations Board shall direct the party concerned to appoint another member and the party shall within 7 clear days after the date of the order appoint the other member, provided, however, that where the party refuses or neglects to appoint the member within the time limited, subsection (4) shall, with the necessary changes, apply, except that where the member who is to be chairperson has already been appointed under that subsection the last mentioned member is to be chairperson; and

             (b)  where the member is the member who was appointed chairperson, the provisions of subsections (4) and (5) respecting the appointment of the member who is to be chairperson shall, with the necessary changes, apply.

             (9)  The revocation of the appointment of a member under subsection (8) shall not impair the right of the remaining members to act in conjunction with the member appointed to replace the member whose appointment has been revoked, and when a member is appointed under subsection (8), that member shall proceed as if he or she had been a member of the conciliation board originally appointed.

          (10)  A conciliation board shall, immediately after the appointment of the chairperson, try to bring about a collective agreement between the parties.

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

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

          (13)  The chairperson and the 2 other members of a conciliation board shall constitute a quorum.

          (14)  The report of the majority of its members is the report of the conciliation board.

          (15)  Members of a conciliation board appointed under this section shall have all of the powers conferred on a commissioner by the Public Inquiries Act , and a board is considered to be an "investigating body" for the purposes of the Public Investigations Evidence Act.

          (16)  A conciliation board shall, within 14 days after the appointment of the chairperson or within a longer period that may be agreed upon by the parties, report its findings and recommendations to all parties, and the chairperson shall forward to all parties a detailed certified statement of the sittings of the conciliation board and of the members and witnesses present at each sitting.

          (17)  Each party shall, within 15 days after it has received the report of the conciliation board, notify the minister in writing,

             (a)  whether the recommendations contained in the report have been accepted or rejected wholly or partly; and

             (b)  which recommendations have been rejected.

          (18)  Each party shall assume its own costs of the conciliation proceeding under this section and shall share the cost of the 3rd member equally.

          (19)  Costs payable by the school board committee under subsection (18) shall be paid out of the Consolidated Revenue Fund by the Minister of Finance.

1973 No114 s15

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Remuneration

      15. The Lieutenant-Governor in Council shall fix the remuneration of members of conciliation boards.

1973 No114 s16

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Duration of agreement

      16. A collective agreement entered into under this Act shall provide that the agreement is to remain in force for a period of at least 1 year, and the agreement may provide that it shall remain in force for a term longer than 1 year.

1973 No114 s17

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Arbitration provision

      17. (1) A collective agreement shall contain a provision for final settlement, without stoppage of work, by arbitration or otherwise of all differences between the parties to or persons bound by the agreement or on whose behalf it was entered into, where those differences arise out of the interpretation, application, administration or alleged violation of the agreement or a question as to whether a matter is arbitrable.

             (2)  Where a collective agreement does not contain the provision required by subsection (1), it shall be considered to contain the following provision:

       Where a difference arises between the parties to or the persons bound by this agreement or on whose behalf it has been entered into and where that difference arises out of the interpretation, application, administration or alleged violation of this agreement or a question as to whether a matter is arbitrable, a party to this agreement may, after exhausting the grievance procedure established here, notify in writing all other parties to this agreement of its wish to submit the difference or allegation to arbitration.

       Within 5 days after receiving a written notice of the wish of a party to this agreement to submit a difference or allegation to arbitration, the party giving the notice on the 1 hand and the certified or designated bargaining agent of the unit to which the agreement relates on the other shall each appoint an arbitrator and give written notice to all other persons who are parties to this agreement of the name of the person so appointed.

       The 2 arbitrators named in accordance with this provision shall, within 5 days after the appointment of the 2nd of them, name a 3rd arbitrator and he or she shall be the chairperson of the arbitration board.

       Where the party giving notice of its wish to submit a difference or allegation to arbitration or the certified or designated bargaining agent of the unit to which this agreement relates fails to name an arbitrator within the period of 5 days after receiving the notice, or where the first 2 members of the arbitration board appointed under the provisions of this agreement fail to agree upon the naming of the chairperson within 5 days after the naming of the 2nd arbitrator, the chairperson of the Labour Relations Board shall, on the request of a party to this agreement, name an arbitrator on behalf of the party who failed to name an arbitrator or shall name the chairperson and, if the case so requires, the chairperson of the Labour Relations Board shall name the 2nd arbitrator and the chairperson.

       The arbitration board named under this provision shall hear relevant evidence brought forward relating to the difference or allegation and argument by the parties or counsel on behalf of either or both of them and make a decision on the difference or allegation, and the decision shall be final and binding upon all parties to this agreement and upon a person on whose behalf this agreement was made.

       The decision of the majority of the members of an arbitration board named under this provision shall be the decision of the board and where there is no majority decision, the decision of the chairperson shall be the decision of the board.

       Each party who is required to name a member of the arbitration board shall pay the remuneration and expenses of that member and the parties shall pay equally the remuneration and expenses of the chairperson.

             (3)  Where, in the opinion of the Labour Relations Board, a part of the provisions for final settlement in a collective agreement, including provisions for the method of appointment of an arbitrator or arbitration board is inadequate, the Labour Relations Board may, on the request of a party to the agreement, rule on the adequacy of those provisions, and where the Labour Relations Board rules that those provisions are inadequate for the purposes of subsection (1), the provisions for final settlement set out in subsection (2) shall apply and shall be substituted for the provisions for final settlement contained in the agreement.

             (4)  A party to and a person bound by a collective agreement and a person on whose behalf the agreement was entered into shall comply with the provisions for final settlement contained in the agreement or in subsection (2), and shall comply with a decision of an arbitrator or board of arbitrators appointed in accordance with those provisions and do or abstain from doing anything required by that decision.

1973 No114 s18

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Rep. by 1996 cS-12.1 s118

      18. [Rep. by 1996 cS-12.1 s118]

1996 cS-12.1 s118

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Provisional agreement to be initialled

      19. (1) Where a provisional agreement has been tentatively approved by the chief negotiator on behalf of the school board committee and by the appropriate bargaining committee, it shall be initialled by the chief negotiator and a person designated by the bargaining committee to do so on its behalf.

             (2)  Within 20 days after the receipt of a copy of the provisional agreement, every school board in the province and the appropriate certified or designated bargaining agent shall notify the President of the Treasury Board in writing whether or not it accepts the provisional agreement.

1973 No114 s20

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Execution of collective agreement

      20. Where the provisional agreement is approved by the Lieutenant-Governor in Council, it may be executed and delivered on behalf of the government by the President of the Treasury Board and the Minister of Education, on behalf of the school boards by the representatives of those boards authorized by the boards to do so, and on behalf of the teachers by the persons that the appropriate bargaining agent may designate for that purpose.

1973 No114 s21

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Arbitration

      21. Where the procedure prescribed by sections 12, 13 and 14 is followed and a collective agreement is not reached, the parties to the collective agreement may, where they mutually agree in writing, refer all matters in dispute to a board of arbitrators, and the matters shall be settled by arbitration.

1973 No114 s22

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Number of arbitrators

      22. (1) For an arbitration required under section 21, there shall be a board of arbitrators consisting of a chairperson and 2 other arbitrators.

             (2)  The school board committee and the appropriate bargaining agent shall each appoint an arbitrator and where either party refuses or neglects to appoint an arbitrator within 7 days after the date of the mutual agreement to refer all matters in dispute to arbitration under section 21, the chairperson of the Labour Relations Board shall, upon the written request of the other party, appoint the arbitrator, and the 2 arbitrators appointed under this subsection shall agree upon and appoint a 3rd arbitrator who shall be the chairperson of the board of arbitrators.

             (3)  Where the 2 arbitrators referred to in subsection (2) fail to appoint the arbitrator who is to be the chairperson of the board of arbitrators after 7 clear days' notice in writing from either party to do so, the chairperson of the Labour Relations Board shall, on the written request of either party, appoint the arbitrator.

             (4)  Where both parties give notice under subsection (3), the date of the notice for the purpose of that subsection shall be the date of the 1st of the notices.

             (5)  An arbitrator shall, before entering upon the duties of his or her office, take and sign the following oath or affirmation of office before a person authorized to administer oaths or affirmations:

           "I, A.B., swear (affirm) and say that I will, faithfully, truly and impartially, to the best of my knowledge, skill and ability execute and perform the duties of an arbitrator on the board of arbitrators appointed under theTeachers' Collective Bargaining Act to ................................... and will not, except in the discharge of my duties, disclose to a person the evidence or other matters brought before the board." (Where an oath is taken, add "So help me God".).

             (6)  Where an arbitrator, including an arbitrator who is appointed chairperson of a board of arbitrators, refuses to act, dies, resigns, or is unable to carry out his or her duties under this Act, the chairperson of the Labour Relations Board is empowered to, and shall, upon the written application of either party, by order, revoke the appointment of the arbitrator, and

             (a)  where the arbitrator concerned is other than the chairperson, the chairperson of the Labour Relations Board shall direct the party concerned to appoint another arbitrator and the party shall, within 7 clear days after the date of the order, appoint the other arbitrator, however where the party refuses or neglects to appoint the arbitrator within the time limited, subsection (2) shall, with the necessary changes, apply, except that where the arbitrator who is to be chairperson has already been appointed under that subsection, the last mentioned arbitrator is to be chairperson; and

             (b)  where the arbitrator is the arbitrator who was appointed chairperson, the provisions of subsections (2) and (3) respecting the appointment of the arbitrator who is to be chairperson shall, with the necessary changes, apply.

             (7)  The revocation of the appointment of an arbitrator under subsection (6) shall not impair the right of the remaining arbitrators to act in conjunction with the arbitrator appointed to replace the arbitrator whose appointment has been revoked, and where an arbitrator is appointed under subsection (6), that arbitrator shall proceed as if he or she had been a member of the board of arbitrators originally appointed.

             (8)  The decision of the majority of the members of the board is the decision of the board.

             (9)  Each party shall assume its own costs of the arbitration proceedings and shall share the cost of the 3rd arbitrator equally.

          (10)  Costs payable by the school board committee under subsection (9) shall be paid out of the Consolidated Revenue Fund by the Minister of Finance.

1973 No114 s23

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Remuneration of arbitrators

      23. The Lieutenant-Governor in Council shall fix the remuneration of the members of a board of arbitrators appointed under section 22.

1973 No114 s24

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Commencement and termination of arbitration proceedings

      24. A board of arbitrators appointed under section 22 shall start arbitration proceedings within 7 days after it is constituted and shall deliver its decision or award within 30 days after the beginning of the arbitration proceedings, but this latter period may be extended by written agreement of the parties concerned, and in that event the decision or award shall be delivered within that extended period.

1973 No114 s25

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Duration of decision of board of arbitrators

      25. A board of arbitrators appointed under section 22 shall, in its decision or award, provide for a period of at least 1 year during which the decision or award is to remain in effect, and the decision or award may provide that it shall remain in force for a period longer than 1 year.

1973 No114 s26

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Duration of agreements

      26. (1) A collective agreement shall be implemented and remain in effect for the period prescribed in it in accordance with section 16.

             (2)  A decision or award of a board of arbitrators appointed under section 22 shall be implemented and remain in effect for the period prescribed in it in accordance with section 25.

             (3)  A collective agreement, decision or award under subsections (1) and (2) shall remain in effect after the period until replaced by a new collective agreement, decision or award.

             (4)  Notwithstanding subsections (1), (2) and (3),

             (a)  a party to collective bargaining that has resulted in a collective agreement or a decision or award of a board of arbitrators appointed under section 22 may, after a date not earlier than 3 months before the expiration of the period referred to in subsections (1), (2) or (3), proceed under section 12 or 21 for a new collective agreement or decision or award, to take effect not sooner than immediately upon the expiration of the period, but not with retroactive effect; and

             (b)  where all parties to collective bargaining that has resulted in a collective agreement or decision or award of a board of arbitrators appointed under section 22 agree in writing, a party to the bargaining may during the period referred to in subsections (1), (2) or (3) proceed under section 12 or 21 for a new agreement or decision or award to take effect before the expiration of the period, but not with retroactive effect.

1973 No114 s27

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Validation of provisions

      27. Nothing in this Act shall be considered to make valid a provision of a collective agreement or of a decision or award of a board of arbitrators,

             (a)  which conflicts with a statute, regulations or other law of the province; or

             (b)  in respect of which the enactment of legislation by the Legislature or the making of regulations under an existing statue is necessary to make the provision valid,

and a provision shall not take effect unless the legislation that is necessary to validate it is enacted by the Legislature or those regulations that are necessary to validate it are made.

1973 No114 s28

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Provisions binding on school boards

      28. Provisions of a collective agreement or of a decision or award of a board of arbitrators made under this Act which relate either directly or indirectly to the expenditure of public funds of the province provided for education are binding on every school board in the province, whether or not the school board was represented on the school board committee or is a party to the collective agreement or the appropriate arbitration.

1973 No114 s29

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Provision not binding on school board

      29. A provision of a collective agreement or of a decision or award of a board of arbitrators made under this Act which is not a provision referred to in section 28 shall not be binding on a school board which was not a party to that collective agreement or the appropriate arbitration.

1973 No114 s30

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Agreement continued

      30. An agreement that existed under section 30 of this Act as it read immediately before the commencement of this section shall continue in force to the extent that it applies to a public school designated as a uni-denominational school under the Schools Act, 1997 , and that agreement shall be considered to be between the successor board and the association.

1996 cS-12.1 s118; 1997 cS-12.2 s126

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Conditions precedent

      31. (1) Where an association on behalf of a unit of teachers is entitled by notice under this Act to require the school board committee to start collective bargaining with a view to the conclusion or renewal or revision of a collective agreement, the association shall not take a strike vote or authorize or participate in the taking of a vote or declare or authorize a strike of the teachers or other persons in the unit, and a teacher or other person in the unit shall not strike, and a school board, or the government of the province, shall not declare or cause a lockout of the teachers or other persons in the unit

             (a)  until a conciliation board has been appointed under section 14 and 7 days have elapsed from the date on which both parties have informed the minister whether or not they have accepted the report of that board, however, where one party so informs the minister on a later date than the other, the date for the purpose of calculating the period of 7 days prescribed in this paragraph shall be that later date;

             (b)  during arbitration proceedings held under this Act and during the period the decision or award arising from the proceedings remains in effect; and

             (c)  during the term of a collective agreement, except as provided for in subsection (2) of this section.

             (2)  Where a collective agreement is in force and a dispute arises between the parties to it with reference to the revision of a provision of the agreement that under the agreement is subject to revision during the term of the agreement, a school board, or the government of the province shall not declare or cause a lockout with respect to a teacher or other person bound by it or on whose behalf the collective agreement has been entered into, and a teacher or other person shall not strike and a bargaining agent that is a party to the agreement shall not declare or authorize a strike, until negotiations are started in accordance with section 12 and the other provisions of this Act relative to conciliation have been exhausted and the 7 days referred to in paragraph (1)(a) of this section have elapsed.

             (3)  A teacher or other person in a unit shall not strike until a bargaining agent has become entitled on behalf of that unit to require the school board committee by notice under this Act to start collective bargaining with a view to the conclusion or renewal or revision of a collective agreement and this section has been complied with.

             (4)  A school board, or the government of the province, shall not declare or cause a lockout of teachers or other persons referred to in section 4 while an application for certification of a bargaining agent to act for those teachers or other persons is pending before the Labour Relations Board.

             (5)  For the purpose of this Act an application shall be considered to be pending before the Labour Relations Board on and from the day on which it is made to the Labour Relations Board until the day on which the decision of the Labour Relations Board is made.

             (6)  An association that is not entitled to bargain collectively under this Act on behalf of a unit shall not declare or authorize a strike of persons in that unit.

             (7)  A person who contravenes this section commits an offence under this Act and each day's continuance of the contravention constitutes a separate offence.

1973 No114 s31

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Payments

      32. Payments required to be made by or on behalf of the Crown under a collective agreement or under a decision or award of a board of arbitrators or in carrying out this Act shall, where payment is not otherwise provided for by another Act, be paid by the Minister of Finance out of the Consolidated Revenue Fund.

1973 No114 s32

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Binding effect of collective agreement

      33. Collective agreements and decisions or awards of a board of arbitrators appointed under section 22 are binding on the parties to the collective agreement or the appropriate arbitration.

1973 No114 s33

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Administration

      34. The provisions of the Labour Relations Act with respect to the Labour Relations Board and its operations under that Act shall, with the necessary changes, apply to the Labour Relations Board and its operations under this Act.

1973 No114 s35; 1977 c64 s151

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General powers of Labour Relations Board

      35. Except where inconsistent with this Act, the provisions of the Labour Relations Act relating to the constitution, powers, procedures and practices of the Labour Relations Board apply to and in respect of that board when acting under this Act.

1973 No114 s36

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Regulations made under Labour Relations Act

      36. Regulations made under the Labour Relations Act shall, with the necessary changes and where they are consistent with this Act, apply to all matters within the ambit of this Act.

1973 No 114 s37

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Matters to be decided

      37. (1) Where in a proceeding before the Labour Relations Board a question arises under this Act

             (a)  whether a person is a teacher;

             (b)  whether an organization or association is an association as defined in paragraph 2(a);

             (c)  whether a collective agreement has been entered into;

             (d)  as to the terms of a collective agreement or the persons who are parties to or are bound by a collective agreement or on whose behalf the collective agreement was entered into;

             (e)  whether a collective agreement is by its terms in full force; or

             (f)  whether a person is a member in good standing of an association,

the Labour Relations Board shall decide the question.

             (2)  For all of the purposes of this Act, a decision or order of the Labour Relations Board is final and conclusive and not open to question or review, but that board may, where it considers it advisable to do so, reconsider a decision or order made by it and may vary or revoke the decision or order.

1973 No114 s38

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Penalty

      38. A school board, association, bargaining agent or person who is guilty of an offence under this Act is liable upon summary conviction,

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

             (b)  in other cases, to a fine not exceeding $1,000.

1973 No114 s39

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Prosecution

      39. (1) A prosecution for an offence under this Act may be brought against a school board, an association or a bargaining agent in the name of the school board, association or bargaining agent, and for the purposes of the prosecution the school board, association or bargaining agent shall be considered to be a person, and an act or thing done or omitted by an officer or agent of the school board, association or bargaining agent within the scope of his or her authority to act on behalf of the school board, association or bargaining agent shall be considered to be an act or thing done or omitted by the appropriate school board, association or bargaining agent.

             (2)  An information or a complaint in respect of a violation of this Act may be for 1 or more offences and an information, complaint, warrant, conviction or other proceeding in a prosecution is not objectionable or insufficient because of the fact that it relates to 2 or more offences.

1973 No114 s40