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               A M A L G A M A T I O N   B U L L E T I N
                        No. 9 - Dec. 18, 1996

To:    All members of the Technical University of Nova Scotia
       and Dalhousie University

From:  Presidents Ted Rhodes and Tom Traves

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Legislation to amalgamate the Technical University of Nova Scotia and
Dalhousie University was passed by the provincial legislature on Dec. 13.

The Act, which is reproduced in this Bulletin, outlines the institutional
structure and responsibilities of the new University, which will be known
as Dalhousie University. It gives effect to the agreement reached between
the two universities and the province earlier this year.

The Act states that TUNS will become a College of the new University. It
will have a unique name, a College Board, an Academic Council and shall be
headed by a Principal. The terms of reference of the College Board were
outlined in Bulletin No. 8. The terms of reference of the Academic Council
are now being drafted by the steering committees of the universities'
Senates.

The College will be devoted to the advancement of technical education and
research. It will contribute to, draw upon and be serviced by the resources
of the new University, and will enrich, through cross-disciplinary efforts
and collaboration, the educational experience of the University's other
students and the intellectual life of its other faculty. A strong College
within a strengthened University will be an even more important resource to
the people of Nova Scotia.

Robbie Harrison, the minister of Education and Culture and the government
member who introduced the legislation -- known as Bill 44 -- congratulated
the two universities for "seeing and acting on the tremendous advantage to
students and to the economy of this province, of combining the strengths of
two great institutions to create something even better."

Key elements of the legislation:

*     The legislation repeals the Act that established TUNS, and continues
the amalgamated institution under the statutes which governed the "old"
Dalhousie University (which was officially known as The Governors of
Dalhousie College and University).

*     It contains language consistent with legislation passed in other
instances of amalgamation in the province.

*     It transfers all of the assets and obligations of the two
institutions to the new University.

*     It states that all employees of each institution will become
employees of the new University. Collective agreements with TUNS and
Dalhousie will remain in effect until such time as new agreements are
negotiated.

*     It says that employees at TUNS who are members of the Public Service
Superannuation [Pension] Plan may opt to remain in the plan, unless they
express, in writing by March 31, 1998, their desire to join the Dalhousie
Pension Plan.

*     The Act also allows Dalhousie University to grant degrees, diplomas
and certificates with the designation "Technical University of Nova Scotia"
to students who have been enrolled in a program at TUNS prior to April 1,
1997.

Many more steps will need to be taken to successfully join our two
institutions. It will take patience, understanding and commitment to the
purposes and spirit of our amalgamation agreement.

We look forward to working with you in 1997 to build a new Dalhousie with a
strong, dynamic college of applied science and technology. We will continue
our efforts to keep you well informed about the process and how it may
affect you.

In the meantime, please accept our thanks for your contributions to
students, to learning and to our universities in 1996 -- and best wishes
for the holiday season.


President Ted Rhodes                    President Tom Traves
Technical University of                 Dalhousie University
Nova Scotia


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An Act to Amalgamate The Governors of Dalhousie College and University
and the Technical University of Nova Scotia as Dalhousie University
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(Please note: The official version of the amalgamation legislation is not
yet available. The version reprinted in this newsletter was the most
authoritative available at press time.)


Whereas the mission of the Technical University of Nova Scotia is to
contribute to the development of Nova Scotia by providing high quality
education, research and community and industry collaboration in
architecture, computer science and engineering;

And whereas the strengthening of computer science, information technology,
engineering, advanced technical education and research and a strong college
or institute of applied science and technology are fundamental to and
cornerstones of the economy and the future of Nova Scotia;

And whereas the public benefits of advanced technical education and
research, as well as provincial economic renewal, can be advanced by an
amalgamation of The Governors of Dalhousie College and University and the
Technical University of Nova Scotia;

And whereas with a view to accomplishing these objects, an agreement was
made on July 11, 1996, between the Province of Nova Scotia and the two
universities by which it was agreed that the universities would be
amalgamated;

Therefore be it enacted by the Governor and Assembly as follows:

1.0     This Act may be cited as the Dalhousie-Technical University
Amalgamation Act.

2.0      In this Act,

(a)     "amalgamated university" means Dalhousie and the Technical
University as amalgamated and continued by this Act;

(b)      "Dalhousie" means The Governors of Dalhousie College and University;

(c)     "Technical University" means the Technical University of Nova Scotia.

3.1      Effective April 1, 1997, The Governors of Dalhousie College and
University, a body corporate and politic pursuant to Chapter 104 of the
Acts of 1935, An Act Relating to Dalhousie College, and the Technical
University of Nova Scotia, a body corporate pursuant to Chapter 463 of the
Revised Statutes, 1989, the Technical University of Nova Scotia Act, are
amalgamated and continued as a body corporate and politic under a single
board of governors and having the name Dalhousie University.

3.2     Every Act of the Legislature respecting Dalhousie, including,
without restricting the generality of the foregoing, Chapter 24 of the Acts
of 1863, An Act for the regulation and support of Dalhousie College, and
Chapter 104, applies to the amalgamated university.

3.3     Notwithstanding any other enactment, the Board of Governors of the
amalgamated university may include up to five additional members nominated
by the College Board established pursuant to this Act and approved and
appointed by the Board of Governors of the amalgamated university.

3.4     For greater certainty,

(a)     the amalgamated university is not an agent of Her Majesty in right
of the Province; and

(b)     a person employed or engaged by the amalgamated university is not
an officer, servant or agent of Her Majesty in right of the Province.

4.0      Effective April 1, 1997,

(a)      all right, title and interest of Dalhousie and the Technical
University in any real or personal property or otherwise is vested in the
amalgamated university;

(b)      all the obligations and liabilities of Dalhousie and the Technical
University are the obligations and liabilities of the amalgamated
university including all employee benefits and entitlements;

(c)      in any enactment or in any document, including any deed, lease,
agreement, will, trust or debenture, a reference to Dalhousie or the
Technical University, whether the reference is by official name or
otherwise, shall be held and construed to be a reference to the amalgamated
university; and

(d)      subject to this Act, the amalgamated university has all of the
rights, powers and privileges that Dalhousie and the Technical University
had immediately before April 1, 1997.

5.1     The amalgamated university shall create a College of applied
science and technology devoted to the advancement of technical education
and research.

5.2     The College shall be an academic unit of the amalgamated
university, bearing a unique name, having a College Board and an Academic
Council, and headed by a Principal.

5.3     The College shall be comprised of multiple interrelated
professional faculties supported by College and university-wide services.

5.4     The Board of Governors of the amalgamated university shall
prescribe the terms of reference of the College Board and the Principal.

5.5     Subject to the approval of the Board of Governors of the
amalgamated university, the Senate of the amalgamated university shall
prescribe the terms of reference of the Academic Council.

6.0     The amalgamated university shall provide to the Minister of
Education and Culture, no later than June 30th of each year, for five years
immediately after the coming into force of this Act, a report concerning
the implementation of this Act including, but not limited to, the effects
of the amalgamation on the administrative costs of the amalgamated
university and the development of technical and applied sciences.

7.0     Effective April 1, 1997, every employee of Dalhousie and the
Technical University becomes an employee of the amalgamated university, the
employment and seniority of each employee with Dalhousie and the Technical
University is deemed to be employment and seniority with the amalgamated
university, and the continuity of employment and seniority is not broken.

8.1     For greater certainty, the amalgamated university is a transferee
for the purposes of Section 31 of the Trade Union Act and, without limiting
the generality of the foregoing,

(a)      the amalgamated university is bound by successor rights as
determined pursuant to the Trade Union Act; and

(b)      subject to the Trade Union Act, the amalgamated university and
persons previously employed by Dalhousie or the Technical University who
are covered by collective agreements, are bound by the collective
agreements as if the amalgamated university were a party to them.

8.2     The Public Sector Compensation (1994-97) Act applies to the
amalgamated university and employees of the amalgamated university except
that, notwithstanding subsection 3(4) of that Act,

(a)     Section 23 of that Act does not apply;

(b)     the Labour Relations Board may exercise all of its powers under the
Trade Union Act but the total effect of any changes to collective
agreements shall not increase the total cost of all compensation in respect
of all employees to whom the collective agreements changed apply and the
pay rates, as defined by the Public Sector Compensation (1994-97) Act, are
not more than permitted by that Act; and

(c)     no change shall be made in a collective agreement without the
approval of the Labour Relations Board in accordance with clause (b).

8.3     Where the Labour Relations Board, in applying subsection (1) or
(2), determines that those employees of the amalgamated university, who
were not previously included in either a bargaining unit of Dalhousie or
the Technical University, are to be included in a bargaining unit of the
amalgamated university, those employees are deemed to have seniority
credits with the amalgamated university equal either to the employment
service they had or were credited with as employees of Dalhousie or the
Technical University immediately before April 1, 1997.

8.4     The right of an employee of Dalhousie or the Technical University
immediately before April 1, 1997, to employment with the amalgamated
university in a bargaining unit position is not affected by whether that
employee was previously employed pursuant to a collective agreement and the
employee is deemed to have seniority credits with the amalgamated
university equal to the service that the employee was credited with as an
employee either of Dalhousie or the Technical University.

8.5     In subsections (3) and (4), "employee" means an employee as defined
in Section 2 of the Trade Union Act but for greater certainty, does not
include those described in subsection 2(2) of that Act.

8.6     The Labour Relations Board may exercise its powers pursuant to this
Section upon the coming into force of this Act.

9.0     Notwithstanding any other provision of this Act, Section 71 of the
Labour Standards Code does not apply to a period of employment that an
employee was credited with as an employee of Dalhousie or the Technical
University immediately before April 1, 1997.

10.1     In this Section,

(a)     "Dalhousie Plan" means the Dalhousie University Staff Pension Plan;

(b)     "employee" means an employee of the Technical University who,
immediately before April 1, 1997, was an employee within the meaning of the
Public Service Superannuation Act;

(c)     "Fund" means the Public Service Superannuation Fund established
pursuant to the Public Service Superannuation Act.

10.2     Notwithstanding anything in this Act, until and including March
31, 1998,

(a)     each employee is deemed to continue to be a person employed in the
public service of the Province for all purposes of the Public Service
Superannuation Act and service in the employment of the amalgamated
university is deemed to be service in the public service of the Province;

(b)     the amalgamated university shall deduct from the salary of each
employee such amount as is directed by the Governor in Council to be
deducted from the salary of employees in the public service of the Province
and shall pay the same to the Minister of Finance, and such amounts when so
received shall be paid into and form part of the Fund; and

(c)     where by the Public Service Superannuation Act a matching payment
is directed to be made into the Fund by the Government or the Minister of
Finance or where by that Act a superannuation allowance or other sum is
directed to be paid out of the Consolidated Fund of the Province, then, in
respect of an employee, the payment, superannuation allowance or other sum
shall be paid by the amalgamated university and shall form part of the
annual expenses of the amalgamated university.

10.3     After March 31, 1998, all employees of the amalgamated university
who were members of the Public Service Superannuation Plan continue to be
employees within the meaning of the Public Service Superannuation Act
unless they elect, in writing in the form approved by the Superintendent of
Pensions, to become members of the Dalhousie Plan.

10.4     Where an employee of the amalgamated university does not make an
election pursuant to subsection (3), clauses (2)(a), (b) and (c) continue
to apply with respect to that employee after the expiry of the time for
making the election.

10.5     Where an employee elects pursuant to subsection (3) to become a
member of the Dalhousie Plan,

(a)     for the purpose of determining the eligibility of the employee to a
deferred superannuation allowance under the Public Service Superannuation
Act, service with the amalgamated university is to be recognized; and

(b)     for the purpose of determining the eligibility of the employee to a
pension under the Dalhousie Plan, service under the Public Service
Superannuation Act is to be recognized.

11.0     The amalgamated university is a successor employer for purposes of
the Pension Benefits Act.

12.1     Chapter 463 of the Revised Statutes, 1989, the Technical
University of Nova Scotia Act, is repealed effective April 1, 1997.

12.2     Notwithstanding subsection (1), the amalgamated university may
award degrees, diplomas or certificates with the designation of the
Technical University to students who have been enrolled in a program at the
Technical University prior to April 1, 1997.

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Questions and Answers
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Q.     I am a staff member in an administrative unit that is being merged
with its counterpart. Will my co-workers and I have any opportunity for
input into the development of the operational plan for our new unit?

A.     As indicated in earlier Bulletins, the development of operational
plans for merged units is the responsibility of the managers who will head
up those units. The managers, naturally, will want input from other unit
members, as well as from clients of their units' services. The way input is
sought and the nature of that input will vary, of course, from unit to
unit, because of differences in unit function and size.

Q.     I am a member of a central administrative unit at Dalhousie that is
being merged with its counterpart at TUNS. I'm eligible for early
retirement under the "rule of 80" (no penalty under the current Dalhousie
package). The deadline to voluntarily elect early retirement under the
current package is Jan. 10, 1997, but the business plan for my unit won't
be ready by then. If I should learn after Jan. 10, 1997, that my current
position is being eliminated as a result of amalgamation, would it be too
late for me to take early retirement on the terms now available?

A.     No. Dalhousie employees who are eligible for early retirement and
whose positions are eliminated before June 30, 1998, will qualify for the
current package.