Arbitration re firefighters and police officers
2020, c.32, s.1
80(1)When persons are employed full time by a local government as members of a fire department and are represented for the purposes of collective bargaining by a trade union that has the exclusive authority to bargain collectively on their behalf only with the local government that is the employer of the fire fighters, and if
(a)
collective bargaining has been carried on between the local government that is the employer of the fire fighters and the bargaining agent of the fire fighters,
(b)
a conciliation officer or a mediator appointed under section 70 has failed to bring about agreement between the parties, and
(c)
the Minister is satisfied that the collective bargaining has been carried on in good faith but that it is unlikely that the parties will agree, within a reasonable time, to the making of a collective agreement or the renewal or revision of an existing agreement or the making of a new agreement,
1the Minister shall, on the application of either party, authorize the constitution of an arbitration board, or the appointment of an arbitrator if the parties so request, to deal with the dispute and to formulate a collective agreement or the renewal or revision of an existing agreement or a new agreement between the parties.
80(1.1)When police officers are employees, within the meaning of subsection 1(3), (3.1) or (3.11), of a local government or a board of police commissioners and are represented for the purposes of collective bargaining by a trade union that has the exclusive authority to bargain collectively on their behalf with the local government or the board of police commissioners that is, within the meaning of subsection 1(3), (3.1) or (3.11), the employer of the police officers, and if
(a)
collective bargaining has been carried on between
(i)
the local government or the board of police commissioners that is, for the purposes of this Act, the employer of the police officers, and
(ii)
the bargaining agent of the police officers,
(b)
a conciliation officer or a mediator appointed under section 70 has failed to bring about agreement between the parties, and
(c)
the Minister is satisfied that collective bargaining has been carried on in good faith but that it is unlikely that the parties will agree, within a reasonable time, to the making of a collective agreement or the renewal or revision of an existing agreement or the making of a new agreement,
the Minister shall, on the application of either party, authorize the constitution of an arbitration board, or the appointment of an arbitrator if the parties so request, to deal with the dispute and to formulate a collective agreement or the renewal or revision of an existing agreement or a new agreement between the parties.
80(2)The Minister, when he has authorized the appointment of an arbitrator or the constitution of an arbitration board under subsection (1) or (1.1), shall forthwith notify the parties.
80(3)Upon a notification under subsection (2), subsections 79(3) to (10) apply
mutatis mutandis.
80(3.1)Repealed: 2017, c.20, s.82
80(4)Repealed: 1988, c.64, s.3
80(5)Repealed: 1988, c.64, s.3
80(6)In rendering an arbitral award under this section, the arbitrator or arbitration board shall take into consideration the following factors, and any other factors that the arbitrator or arbitration board considers relevant, for the period in which the award will apply:
(a)
a comparison of the percentage adjustments in the wages and benefits, resulting from collective bargaining or arbitral awards, of,
(i)
when the employer is a local government, other unionized employees of that local government, or,
(ii)
when the employer is a board of police commissioners, the unionized employees of the municipality that approved its establishment under section 7 of the
Police Act or those of the municipalities that are party to an agreement under section 17.1 of that Act;
(b)
a comparison of the wages and benefits, resulting from collective bargaining or arbitral awards, of firefighters or police officers, as the case may be, employed by comparable employers in the Province, considering the relative fiscal and economic health,
(i)
when the employer is a local government, of that local government, or,
(ii)
when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the
Police Act;
(c)
if it is not possible to make a comparison under paragraph (b) and there are no comparators with any employer in the Province, a comparison of the wages and benefits resulting from collective bargaining or arbitral awards of firefighters or police officers, as the case may be, employed by comparable employers in the Province of Nova Scotia, the Province of Prince Edward Island or the Province of Newfoundland and Labrador, considering the relative fiscal and economic health of the employer concerned;
(d)
a comparison of the percentage adjustments in the wages and benefits, resulting from collective bargaining or arbitral awards, of unionized employees in bargaining units to which the
Public Service Labour Relations Act applies;
(e)
the fiscal and economic health,
(i)
when the employer is a local government, of that local government, or,
(ii)
when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the
Police Act;
(f)
the fiscal and economic health of the Province;
(g)
the employer’s ability to pay, considering the fiscal and economic health,
(i)
when the employer is a local government, of that local government, or,
(ii)
when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the
Police Act; and
(h)
the employer’s ability to attract and retain qualified firefighters or police officers, as the case may be.
80(7)In an arbitral award, the arbitrator or arbitration board shall include written reasons that explain how the arbitrator or arbitration board has considered the factors in subsection (6).
80(8)In an arbitration under this section, a request that a vote on offer be taken under section 105.1 may be made up to the time that an award is rendered.
1971, c.9, s.81; 1985, c.51, s.8.1; 1988, c.64, s.3; 2005, c.7, s.35; 2017, c.20, s.82; 2020, c.32, s.2