Court of Appeal

CASE NO.                           VOL. NO.                                            PAGE

THE MINISTER OF EDUCATION

AND CULTURE                                            - and -            NOVA SCOTIA TEACHERS' UNION

(Appellant)                                                                                                                  (Respondent)

CA 162073                                               Halifax, N.S.                                                  Flinn, J.A.

 [Cite as: Nova Scotia (Education and Culture) v. Nova Scotia Teachers' Union,  2000 NSCA 66]

APPEAL HEARD:                                 May 17, 2000

JUDGMENT DELIVERED:                 May 17, 2000

WRITTEN RELEASE OF ORAL:       May 23, 2000

SUBJECT:                                             ARBITRATION - APPEAL FROM DECISION OF CHAMBERS JUDGE UPHOLDING AWARD OF ARBITRATOR - PUBLIC SECTOR COMPENSATION (1994-1997) ACT

SUMMARY:                                            The Public Sector Compensation (1994-1997) Act (the Province's wage restraint legislation), inter alia cancelled, for one year, experienced based salary increments otherwise payable to teachers under the collective agreement made between the respondent and the appellant.

After the wage restraint period had expired, the appellant took the position that future experienced based salary increments were paid on the basis of the teacher's actual years of experience, less one year. The appellant refers to this as the permanent residual effect of the wage restraint legislation, which was obviously intended by the legislature.

The union filed a grievance claiming experienced based salary increments on the basis of actual years of teaching experience.

The arbitrator allowed the union's grievance and rejected the appellant's position. The arbitrator's award was upheld on appeal to the Supreme Court.

RESULT:                                                Appeal dismissed.

The main issue in this arbitration was settled by the majority judgment of this court in QE 11 Health Sciences Centre v. Nova Scotia Government Employees Union (1998), 166 N.S.R. (2d) 194.

Since this court decided, in QE 11, that the legislation was not intended to have any lingering effect beyond October 31, 1997 (the last date of the period covered by the legislation) salary increments due to teachers under the collective agreement after October 31, 1997 and based on years of experience are not affected by the legislation.

The Court of Appeal agreed with the Chambers judge's conclusion that the arbitrator was correct in allowing the union's grievance.