Acts and Regulations

I-4 - Industrial Relations Act

Section 77
Disposition versions

Full text
Decision of arbitrator or arbitration board
77(1)The decision of the arbitrator or of the arbitration board, in any proceeding under the provisions of section 55, is binding
(a) upon the parties,
(b) in the case of a collective agreement between a trade union and an employers’ organization, upon the employers covered by the agreement who are affected by the decision,
(c) in the case of a collective agreement between a council of trade unions and an employer or an employers’ organization, upon the members or affiliates of the council and the employer or the employees covered by the agreement, as the case may be, who are affected by the decision, and
(d) upon the employees covered by the agreement who are affected by the decision,
and such parties, employers, trade unions and employees shall do or abstain from doing anything required of them by the decision.
77(2)No award within subsection (1) shall be invalidated from any want of form or other technical objection if the requirements of this Act have been complied with.
77(3)Where a party, employer, employers’ organization, trade union, council of trade unions, or employee has failed to comply with any of the terms of the decision of the arbitrator or of the arbitration board within subsection (1), any party, employer, employers’ organization, trade union, council of trade unions or employee affected by the decision may, after the expiration of fourteen days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file a copy of the decision, exclusive of the reasons therefor, in the prescribed form, in The Court of King’s Bench of New Brunswick, whereupon the decision shall be entered as a judgment or order of that Court and is enforceable as such.
1971, c.9, s.78; 1979, c.41, s.65; 1980, c.32, s.12; 2023, c.17, s.110
Decision of arbitrator or arbitration board
77(1)The decision of the arbitrator or of the arbitration board, in any proceeding under the provisions of section 55, is binding
(a) upon the parties,
(b) in the case of a collective agreement between a trade union and an employers’ organization, upon the employers covered by the agreement who are affected by the decision,
(c) in the case of a collective agreement between a council of trade unions and an employer or an employers’ organization, upon the members or affiliates of the council and the employer or the employees covered by the agreement, as the case may be, who are affected by the decision, and
(d) upon the employees covered by the agreement who are affected by the decision,
and such parties, employers, trade unions and employees shall do or abstain from doing anything required of them by the decision.
77(2)No award within subsection (1) shall be invalidated from any want of form or other technical objection if the requirements of this Act have been complied with.
77(3)Where a party, employer, employers’ organization, trade union, council of trade unions, or employee has failed to comply with any of the terms of the decision of the arbitrator or of the arbitration board within subsection (1), any party, employer, employers’ organization, trade union, council of trade unions or employee affected by the decision may, after the expiration of fourteen days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file a copy of the decision, exclusive of the reasons therefor, in the prescribed form, in The Court of Queen’s Bench of New Brunswick, whereupon the decision shall be entered as a judgment or order of that Court and is enforceable as such.
1971, c.9, s.78; 1979, c.41, s.65; 1980, c.32, s.12