Dalhousie Law Journal


Supreme Court of Nova Scotia, Supreme Court of Canada, labour relations, unfair labour practices, certification, collective agreement administration


In the eighteen months since "Recent Developments in Labour Law in Nova Scotia" were last noted, the labour scene, both in Nova Scotia and generally across Canada, has been very active. Both the Supreme Court of Nova Scotia and the Supreme Court of Canada have been involved in several interesting decisions, and of particular interest is the fact that the Nova Scotia Labour Relations Board has issued several written decisions involving sections that hitherto had not been extensively considered. The following subject areas are noted here: first, unfair labour practices, where the Board has come down with several interesting decisions; second, the ongoing program of certification, where in the last twelve months Board pre-hearing vote procedure has come under attack, new amendments to the Trade Union Act have been passed and the Nova Scotia Board has made decisions dealing with revocation of certification and alteration of terms and conditions of employment during the freeze period; third, administration of the collective agreement, where several decisions of the Supreme Court of Canada should prove of interest to readers and the Ontario Court of Appeal decision in the Zwelling' case has been noted as we feel that it is likely to have substantial impact in this province; fourth, several decisions arising out of the C.L.C. -sponsored National Day of Protest, including one in Nova Scotia, dealing with the right of unions to engage in political strikes; finally, arbitration, where both the Nova Scotia Supreme Court and the Supreme Court of Canada have had to deal with general questions relating to arbitration and judicial review.