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made under Section 10 of the
Trade Union Act
R.S.N.S. 1989, c. 475
O.I.C. 73-580A (June 14, 1973), N.S. Reg. 54/1973
as amended to O.I.C. 77-646 (June 7, 1977), N.S. Reg. 46/1977
1 (1) In considering any application herebefore or hereafter made to the said Board under Section 24 (1) of the said Act for certification of a trade union as bargaining agent of the employees in a group belonging to a craft or exercising technical skills, and in determining whether the proposed group is otherwise appropriate as a unit for collective bargaining and whether the union should otherwise be certified, the Board shall require to be satisfied:
(a) that no material community of interest exists between the proposed group and other employees of the employer;
(b) that the industry in which the employer is engaged belongs to a class of industry which traditionally or normally is organized by craft unions pertaining to such respective crafts or other skills;
(c) that the continued normal operation of the employer’s production process is not dependent upon the performance of the assigned functions of the employees in the proposed unit;
(d) that the proposed group is more appropriate for collective bargaining than an employer, plant or sub-plant unit which included the employees in the group.
(2) This Section shall not apply to the construction industry, to any non-commercial institution, or to any other industry that does not produce or deal in goods or services on a commercial basis.
Section 2 repealed: O.I.C. 77-646, N.S. Reg. 46/1977.
Last updated: 10-12-2017