Acts and Regulations

I-4 - Industrial Relations Act

Section 1
Disposition versions

Full text
Definitions, interpretation and application
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of King’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
1(3)For the purposes of this Act, if a local government is empowered to prescribe any term or condition of employment for police officers in a local government, the local government shall be deemed to be an employer in relation to the police officers, and the police officers shall be deemed to be employees in relation to the local government, except for police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a local government, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
1(8)This Act does not apply to the Crown in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
1(8.1)Subsection (8) does not apply where the Minister of Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50; 2016, c.37, s.86; 2017, c.20, s.82; 2017, c.63, s.29; 2019, c.2, s.72; 2020, c.25, s.61; 2022, c.28, s.28; 2023, c.17, s.110
Definitions, interpretation and application
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
1(3)For the purposes of this Act, if a local government is empowered to prescribe any term or condition of employment for police officers in a local government, the local government shall be deemed to be an employer in relation to the police officers, and the police officers shall be deemed to be employees in relation to the local government, except for police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a local government, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
1(8.1)Subsection (8) does not apply where the Minister of Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50; 2016, c.37, s.86; 2017, c.20, s.82; 2017, c.63, s.29; 2019, c.2, s.72; 2020, c.25, s.61; 2022, c.28, s.28
Definitions, interpretation and application
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
1(3)For the purposes of this Act, if a local government is empowered to prescribe any term or condition of employment for police officers in a local government, the local government shall be deemed to be an employer in relation to the police officers, and the police officers shall be deemed to be employees in relation to the local government, except for police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a local government, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
1(8.1)Subsection (8) does not apply where the Minister of Justice and Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50; 2016, c.37, s.86; 2017, c.20, s.82; 2017, c.63, s.29; 2019, c.2, s.72; 2020, c.25, s.61
Definitions, interpretation and application
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
1(3)For the purposes of this Act, if a local government is empowered to prescribe any term or condition of employment for police officers in a local government, the local government shall be deemed to be an employer in relation to the police officers, and the police officers shall be deemed to be employees in relation to the local government, except for police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a local government, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
1(8.1)Subsection (8) does not apply where the Minister of Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50; 2016, c.37, s.86; 2017, c.20, s.82; 2017, c.63, s.29; 2019, c.2, s.72
Definitions
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
Employee status
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
1(3)For the purposes of this Act, if a local government is empowered to prescribe any term or condition of employment for police officers in a local government, the local government shall be deemed to be an employer in relation to the police officers, and the police officers shall be deemed to be employees in relation to the local government, except for police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a local government, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
Logging operations
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
“Unit” defined
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
Calculation of time
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
Interpretation of Act
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
Application of the Act
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
Application of the Act
1(8.1)Subsection (8) does not apply where the Minister of Justice and Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50; 2016, c.37, s.86; 2017, c.20, s.82; 2017, c.63, s.29
Definitions
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
Employee status
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
Employment relationship of police officers
1(3)For the purposes of this Act, where a municipality or rural community is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the municipality or rural community shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the municipality or rural community, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
Logging operations
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
“Unit” defined
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
Calculation of time
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
Interpretation of Act
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
Application of the Act
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
Application of the Act
1(8.1)Subsection (8) does not apply where the Minister of Justice and Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50; 2016, c.37, s.86; 2017, c.63, s.29
Definitions
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
Employee status
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
Employment relationship of police officers
1(3)For the purposes of this Act, where a municipality or rural community is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the municipality or rural community shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the municipality or rural community, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
Logging operations
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
“Unit” defined
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
Calculation of time
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
Interpretation of Act
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
Application of the Act
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
Application of the Act
1(8.1)Subsection (8) does not apply where the Minister of Justice and Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50; 2016, c.37, s.86
Definitions
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
Employee status
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
Employment relationship of police officers
1(3)For the purposes of this Act, where a municipality or rural community is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the municipality or rural community shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the municipality or rural community, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
Logging operations
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
“Unit” defined
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
Calculation of time
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
Interpretation of Act
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
Application of the Act
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
Application of the Act
1(8.1)Subsection (8) does not apply where the Minister of Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50
Definitions
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
Employee status
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
Employment relationship of police officers
1(3)For the purposes of this Act, where a municipality or rural community is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the municipality or rural community shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the municipality or rural community, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
Logging operations
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
“Unit” defined
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
Calculation of time
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
Interpretation of Act
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
Application of the Act
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
Application of the Act
1(8.1)Subsection (8) does not apply where the Minister of Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50
Definitions
1(1)In this Act
“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)
“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)
(a) in collective bargaining, or
(b) as a party to a collective agreement with their employer;
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)
“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)
“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)
“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)
“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)
“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)
“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)
“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)
“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)
“Court” means The Court of Queen’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)
“day” means a calendar day;(jour)
“Deputy Minister” means the Deputy Minister of Post-Secondary Education and Training;(sous-ministre)
“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)
“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)
(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or
(b) a person employed in domestic service in a private home;
“employer” means a person who employs one or more employees;(employeur)
“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)
“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)
“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)
“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)
“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)
“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)
“Minister” means the Minister of Post-Secondary Education and Training;(Ministre)
“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)
“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)
“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)
“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)
“strike” includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)
“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)
“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)
Employee status
1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.
Employment relationship of police officers
1(3)For the purposes of this Act, where a municipality or rural community is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the municipality or rural community shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the municipality or rural community, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
Employment relationship of police officers
1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a municipality or rural community, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.
1(3.12)Repealed: 2000, c.38, s.21
Logging operations
1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.
“Unit” defined
1(5)For the purposes of this Act,
(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;
(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.
Calculation of time
1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.
Interpretation of Act
1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.
Application of the Act
1(8)This Act does not apply to Her Majesty in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.
Application of the Act
1(8.1)Subsection (8) does not apply where the Minister of Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.
1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89