Relation of parties to re of Board. on strike in respect of any dispute which has been duly referred to a Board and which has been dealt with under Section 24 or 25 of this Act. 56. Employers and employees shall give at least main unaltered thirty days' notice of an intended change affecting conditions of employment with respect to wages or hours; and in the event of such intended change resulting in a dispute, until the dispute has been finally dealt with by a Board, and a copy of its report has been delivered through the Registrar to both the parties affected, neither of those parties shall alter the conditions of employment with respect to wages or hours, or on account of the disputes do or be concerned in doing, directly or indirectly, anything in the nature of a lockout or strike, or a suspension or discontinuance of employment or work, but the relationship of employer and employee shall continue uninterrupted by the dispute or anything arising out of the dispute; but if, in the opinion of the Board, either party uses this or any other provision of this Act for the purpose of unjustly maintaining a given condition of affairs through delay, and the Board so reports to the Minister, such party shall be guilty of an offence, and liable to the same penalties as are imposed for a violation of the last preceding section. Causing lock for. 57. (1) Any employer declaring or causing a gut, penalty lockout contrary to the provisions of this Act shall be guilty of an offence and liable on summary conviction to a penalty not less than one hundred dollars, nor more than one thousand dollars for each day or part of a day that such lockout exists. Altering condi tions of [abor penalty for. (2) Any employer who contrary to the provisions by employer, of Section 56 of this Act alters the conditions of employment with respect to wages or hours shall be guilty of an offence and liable on summary conviction to a penalty of not less than one hundred dollars and not more than one thousand dollars for each day or part of a day that such altered conditions are maintained. Going on strike, penalty for. 58. (1) Any employee who goes on strike contrary to the provisions of this Act shall be guilty of an offence and liable on summary conviction to a penalty of not less than ten dollars nor more than fifty dollars, for each day or part of a day that such employee is on strike. tions of labor (2) Any employee who contrary to the provisions Altering condiof Section 56 of this Act alters the conditions of em- by employee, ployment with respect to wages or hours shall be guilty penalty for. of an offence and liable on summary conviction to a penalty of not less than ten dollars and not more than fifty dollars for each day or part of a day that such altered conditions are maintained. lockout or 59. Any person who incites, encourages or aids Inciting to in any manner any employer to declare or continue strike, penalty a lockout, or any employee to go or continue on for. strike contrary to the provisions of this Act, shall be guilty of an offence and liable on summary conviction to a penalty of not less than fifty dollars nor more than one thousand dollars. SPECIAL PROVISIONS. be bound by effect of. 60. Either party to a dispute which may under Agreement to this Act be referred to a Board may agree in writing recommendaat any time before or after the Board has made its tion of Board, report and recommendation, to be bound by the recommendation of the Board in the same manner as parties are bound upon an award made pursuant to a submission to arbitration; every agreement so to be bound made by one party shall be forwarded to the Registrar who shall communicate it to the other party, and if the other party agrees in like manner to be bound by the recommendation of the Board, then the recommendation shall be made on order of the Supreme Court on the application of either party and shall be enforceable by execution, attachment or otherwise as the Supreme Court may order. Board of other in certain 61. (1) In the event of a dispute arising in any Reference to business, trade, undertaking, calling or employment disputes in other than such as may be included under the provi- cases. sions of this Act, and such dispute threatens to result in a lockout or strike, or has actually resulted in a lockout or strike, either of the parties may agree in writing to allow such dispute to be referred to a Board Minister may establish recommend inquiry. of Conciliation and Investigation to be appointed and established under the provisions of this Act. (2) Every agreement to allow such reference shall be forwarded to the Registrar, who shall communicate it to the other party, and if such other party agrees in like manner to allow the dispute to be referred to a Board, the dispute may be so referred as if the business, trade, undertaking, calling or employment and the parties were included within the provisions of this Act. (3) From the time that the parties have been notified in writing by the Registrar that in consequence of their mutual agreement to refer the dispute to a Board under the provisions of this Act, the Minister has decided to refer such dispute, the lockout or strike, if in existence, shall forthwith cease and the provisions of this Act shall bind the parties. 62. Where in any industry any strike or lockout has occurred whether before or after the enactment of motion etc. or this Act or any strike or lockout seems to the Minister to be imminent and if in the public interest it seems to the Minister expedient, the Minister, on the application of any city, town or municipality interested, or of the mayor, warden or other head officer or acting head officer thereof, or of his own motion, may, without application of either of the parties to the dispute, strike, or lockout, whether it involves one or more employers or employees in the employ of one or more employers, establish and appoint a Board of Conciliation and Investigation under this Act in respect of such dispute, or strike or lockout, or may in any such case, if it seems to him expedient, either with or without an application from any interested party, recommend to the Governor-in-Council the appointment of some person or persons as commissioner or commissioners under the provisions of the Public Inquiries Act to inquire into the dispute, strike or lockout, or into any matters or circumstances connected therewith. Inquiries into industrial matters. 63. The Minister, where he deems it expedient, may, either upon or without any application in that behalf, make or cause to be made any inquiries he thinks fit regarding industrial matters, and may cause such steps to be taken by his department and the officers thereof as seem calculated to secure industrial peace and to promote conditions favourable to settlement of disputes. MISCELLANEOUS. 64. (1) No court of the Province shall have power Jurisdiction of or jurisdiction to recognize or enforce, or to receive in Courts ousted. evidence any report of a Board, or any testimony or proceedings before a Board, as against any person or for any person except in the case of the prosecution of such person for perjury. Irregularities (2) No proceeding under this Act shall be deemed and defects of invalid by reason of any defect of form or any technical form. irregularity. 65. The Minister shall determine the allowances Payment of services under or amounts to be paid to all persons (other than the Act. members of a Board), employed by the Government or any Board, including the Registrar, secretaries, clerks, experts, stenographers or other persons performing any services under the provisions of this Act. Act. 66. In case of prosecutions under this Act, whether Report of proa conviction is or is not obtained, it shall be the duty Becutions under of the justice or magistrate before whom any such prosecution takes place to briefly report the particulars of such prosecution to the Registrar within thirty days after it has been determined, and he shall be entitled to a prescribed fee in payment of his services. Regulations by Council. 67. The Governor-in-Council may make regulations as to the time within which anything hereby Governor-inauthorized shall be done, and also as to any other matter or thing which appears to him necessary or advisable to the effectual working of the several provisions of this Act. All such regulations shall go into force on the day of the publication thereof in The Royal Gazette. Treasury. 68. All charges and expenses incurred by the Expenses payGovernment in connection with the administration able out of of the foregoing sections of this Act shall be defrayed out of the Provincial Treasury. Annual Report by Minister. Caps. 247 and 248, R. S., repealed. Subsequent sections sub 69. An annual report with respect to the matters transacted by him under this Act shall be made by the Minister to the Lieutenant-Governor, and shall be laid before the Legislature within the first fifteen days of each session thereof. 70. Chapters 247 and 248 of the Revised Statues, 1923, entitled, "The Conciliation Act" and "The Miners' Arbitration Act," respectively, are repealed. THE ARBITRATION COMMISSION. 71. All the sections of this Act following this ject to procla- section shall come into force on, from and after and mation. not before such day as the Governor-in-Council orders and declares by proclamation. Expenses of 72. All charges and expenses incurred by the how defrayed. Commission under any of the sections of this Act following this section shall be defrayed out of the Provincial Treasury. members, tenare of. 73. There shall be an Arbitration Commission for the settlement of industrial disputes pursuant to this Act. 74. The Commission shall consist of three members who shall be appointed by the Governor-inCouncil, one of whom shall be designated by the Governor-in-Council as Chairman. 75. No person shall be eligible for appointment as Chairman of the Commission unless he is a barrister of the Supreme Court of Nova Scotia of not less than ten years' standing. Chairman and 76. The Chairman of the Commission shall hold office during good behaviour and the other members shall hold office for three years and until their successors are appointed. Chairman, remuneration of. 77. The Chairman of the Commission and each of the other members shall be paid out of the Provincial Treasury such remuneration as the Governor-inCouncil determines. |