Acts and Regulations

I-4 - Industrial Relations Act

Section 106
Disposition versions

Full text
Inquiry by Board
106(1)Where a complaint in writing is made to the Board alleging that an employer, employer’s organization, trade union, council of trade unions or any other person is doing or has done any act in violation of any provision of sections 3 to 9, 50 or 51, the Chief Executive Officer shall immediately notify the alleged violator, and any other person or body affected by the complaint, by telephone and telegram of the making of the complaint.
106(2)Where a complaint is received under subsection (1) the Chief Executive Officer shall, on the advice of the Chairperson, either refer the complaint to the Board for inquiry or appoint a person to inquire into the complaint.
106(3)Where a complaint is referred under subsection (2) to the Board, the Board shall inquire forthwith into the matter.
106(4)A person appointed under subsection (2) to inquire into a matter shall endeavour to settle the matter complained of and shall report back to the Chairperson not later than fourteen days after the day on which the complaint was received by the Board.
106(5)Where a person appointed under subsection (2) has not been successful in settling the matter complained of the Board shall inquire forthwith into the matter.
106(6)Where, in the opinion of the Board, a complaint under subsection (1) is without merit, the Board may reject the complaint at any time.
106(7)Where in a complaint under this section it is alleged on an inquiry by the Board that
(a) any employer has discharged any employee or refused to employ or to continue to employ any person or threatened the dismissal of an employee contrary to subsection 3(2), (3) or (4), or
(b) any union has intimidated, coerced, threatened or imposed a penalty on any employee or person contrary to subsection 5(2) or (3),
and the person complaining establishes a prima facie case against the employer or union, the burden of proving that the employer or union did not violate the provision lies with the employer or union, as the case may be.
106(8)Where upon inquiry the Board is satisfied that any employer, employer’s organization, trade union or council of trade unions or any other person is doing or has done any act in violation of any provision of sections 3 to 9, 50 or 51, the Board
(a) shall make an order directing the employer, employers’ organization, trade union, council of trade unions or other person to cease doing the act;
(b) may in the same order or in a subsequent order direct the employer, employers’ organization, trade union, council of trade unions or other person to rectify the act;
(c) may in the same order or in a subsequent order direct the hiring or reinstatement of a person in employment with or without compensation, or the compensation of a person in lieu of hiring or reinstatement for loss of earnings and other employment benefits;
(d) may in the same order or in a subsequent order direct an employer found in violation of subsection 3(3) not to increase or decrease wages, or alter a term or condition of employment, of the employees affected by the order for a period not exceeding thirty days without written permission from the Board, and may in a subsequent order direct the extension of any such direction for a further period not exceeding thirty days;
(e) may, where an employer or employers’ organization, or a trade union or council of trade unions, contravenes any provision of sections 3 to 9 so that the true wishes of the employees are not likely to be ascertained, and, in the opinion of the Board, a trade union has membership support adequate for collective bargaining or such support has been obtained by virtue of an unfair labour practice, certify the trade union, or refuse to certify the trade union, as the case may be;
(f) may in the same order or in a subsequent order declare, where applicable, a suspension, expulsion or penalty to be contrary to this Act, whereupon the suspension, expulsion or penalty is void; and
(g) may in the same order or in a subsequent order determine what, if anything, in addition to or in substitution for the provision made in paragraph (a), (b), (c), (d), (e) or (f), the employer, employers’ organization, trade union, council of trade unions, or person, shall do or refrain from doing with respect to the prohibited act.
106(9)Where a complainant under subsection (1) alleges that he suffers irremediable harm from the continuing alleged violation of a provision of sections 3 to 9, the Board on request by the applicant may, after consulting any employer, employers’ organization, trade union, council of trade unions or other person that in its opinion is concerned, make such interim order as it in its discretion deems proper.
106(10)Where a request is received under subsection (9) the Chief Executive Officer shall serve notice of the complaint by telegram on any employer, employers’ organization, trade union, council of trade unions or other person affected and shall either schedule the matter for hearing before the Board to be held within forty-eight hours, or refer the matter to a person appointed by him who shall report to the Board forthwith regarding the facts of the matter if he has not been successful in settling the complaint.
106(11)Upon receiving the report of a person to whom a matter was referred under subsection (10), the Board may, if it believes irremediable harm would result from the continuation of the act in question, issue an interim order forbidding the continuation of the act and in the same order the Board shall schedule a hearing forthwith to inquire fully into the complaint.
106(12)An order made under this section shall be served on the employer, employers’ organization, trade union, council of trade unions, or other person affected by the order and the employer, employers’ organization, trade union, council of trade unions, or other person shall, notwithstanding the provisions of any collective agreement, comply with the order within the time provided in the order for compliance.
106(13)Where the trade union, council of trade unions, employer, employers’ organization, or person, has failed to comply with any of the terms of an order made under this section, any trade union, council of trade unions, employer, employers’ organization, person or employee affected by the order may, after the expiration of fourteen days from the date of the release of the order or the date provided in the order for compliance, whichever is later, notify the Board in writing of such failure, and thereupon the Board shall file a copy of the order, exclusive of the reasons therefor, in the prescribed form, in The Court of King’s Bench of New Brunswick, whereupon the order shall be entered as a judgment or order of that Court and is enforceable as such.
106(14)Where the matter of a complaint under subsection (1) has been settled, whether through the endeavours of the person appointed by the Chief Executive Officer, or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers’ organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers’ organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1).
106(15)Except where the Board rejects a complaint under subsection (6), when a person proceeds under this section to seek a remedy for any alleged wrongful refusal to employ, refusal to continue his employment, discharge, discrimination, intimidation, coercion, threat, or other act or practice contrary to this Act and referred to in subsection (1), no action, suit, or proceeding shall thereafter be brought by him in any court in respect of the alleged wrongful refusal to employ, refusal to continue his employment, discharge, discrimination, intimidation, coercion, threat or other act or practice contrary to this Act.
106(16)The Board shall not inquire into a complaint under this section unless the complaint is made within ninety days after the date on which the act complained of first occurred.
1971, c.9, s.107; 1979, c.41, s.65; 1980, c.32, s.12; 1985, c.51, s.11; 1994, c.52, s.2; 2023, c.17, s.110
Inquiry by Board
106(1)Where a complaint in writing is made to the Board alleging that an employer, employer’s organization, trade union, council of trade unions or any other person is doing or has done any act in violation of any provision of sections 3 to 9, 50 or 51, the Chief Executive Officer shall immediately notify the alleged violator, and any other person or body affected by the complaint, by telephone and telegram of the making of the complaint.
106(2)Where a complaint is received under subsection (1) the Chief Executive Officer shall, on the advice of the Chairperson, either refer the complaint to the Board for inquiry or appoint a person to inquire into the complaint.
106(3)Where a complaint is referred under subsection (2) to the Board, the Board shall inquire forthwith into the matter.
106(4)A person appointed under subsection (2) to inquire into a matter shall endeavour to settle the matter complained of and shall report back to the Chairperson not later than fourteen days after the day on which the complaint was received by the Board.
106(5)Where a person appointed under subsection (2) has not been successful in settling the matter complained of the Board shall inquire forthwith into the matter.
106(6)Where, in the opinion of the Board, a complaint under subsection (1) is without merit, the Board may reject the complaint at any time.
106(7)Where in a complaint under this section it is alleged on an inquiry by the Board that
(a) any employer has discharged any employee or refused to employ or to continue to employ any person or threatened the dismissal of an employee contrary to subsection 3(2), (3) or (4), or
(b) any union has intimidated, coerced, threatened or imposed a penalty on any employee or person contrary to subsection 5(2) or (3),
and the person complaining establishes a prima facie case against the employer or union, the burden of proving that the employer or union did not violate the provision lies with the employer or union, as the case may be.
106(8)Where upon inquiry the Board is satisfied that any employer, employer’s organization, trade union or council of trade unions or any other person is doing or has done any act in violation of any provision of sections 3 to 9, 50 or 51, the Board
(a) shall make an order directing the employer, employers’ organization, trade union, council of trade unions or other person to cease doing the act;
(b) may in the same order or in a subsequent order direct the employer, employers’ organization, trade union, council of trade unions or other person to rectify the act;
(c) may in the same order or in a subsequent order direct the hiring or reinstatement of a person in employment with or without compensation, or the compensation of a person in lieu of hiring or reinstatement for loss of earnings and other employment benefits;
(d) may in the same order or in a subsequent order direct an employer found in violation of subsection 3(3) not to increase or decrease wages, or alter a term or condition of employment, of the employees affected by the order for a period not exceeding thirty days without written permission from the Board, and may in a subsequent order direct the extension of any such direction for a further period not exceeding thirty days;
(e) may, where an employer or employers’ organization, or a trade union or council of trade unions, contravenes any provision of sections 3 to 9 so that the true wishes of the employees are not likely to be ascertained, and, in the opinion of the Board, a trade union has membership support adequate for collective bargaining or such support has been obtained by virtue of an unfair labour practice, certify the trade union, or refuse to certify the trade union, as the case may be;
(f) may in the same order or in a subsequent order declare, where applicable, a suspension, expulsion or penalty to be contrary to this Act, whereupon the suspension, expulsion or penalty is void; and
(g) may in the same order or in a subsequent order determine what, if anything, in addition to or in substitution for the provision made in paragraph (a), (b), (c), (d), (e) or (f), the employer, employers’ organization, trade union, council of trade unions, or person, shall do or refrain from doing with respect to the prohibited act.
106(9)Where a complainant under subsection (1) alleges that he suffers irremediable harm from the continuing alleged violation of a provision of sections 3 to 9, the Board on request by the applicant may, after consulting any employer, employers’ organization, trade union, council of trade unions or other person that in its opinion is concerned, make such interim order as it in its discretion deems proper.
106(10)Where a request is received under subsection (9) the Chief Executive Officer shall serve notice of the complaint by telegram on any employer, employers’ organization, trade union, council of trade unions or other person affected and shall either schedule the matter for hearing before the Board to be held within forty-eight hours, or refer the matter to a person appointed by him who shall report to the Board forthwith regarding the facts of the matter if he has not been successful in settling the complaint.
106(11)Upon receiving the report of a person to whom a matter was referred under subsection (10), the Board may, if it believes irremediable harm would result from the continuation of the act in question, issue an interim order forbidding the continuation of the act and in the same order the Board shall schedule a hearing forthwith to inquire fully into the complaint.
106(12)An order made under this section shall be served on the employer, employers’ organization, trade union, council of trade unions, or other person affected by the order and the employer, employers’ organization, trade union, council of trade unions, or other person shall, notwithstanding the provisions of any collective agreement, comply with the order within the time provided in the order for compliance.
106(13)Where the trade union, council of trade unions, employer, employers’ organization, or person, has failed to comply with any of the terms of an order made under this section, any trade union, council of trade unions, employer, employers’ organization, person or employee affected by the order may, after the expiration of fourteen days from the date of the release of the order or the date provided in the order for compliance, whichever is later, notify the Board in writing of such failure, and thereupon the Board shall file a copy of the order, exclusive of the reasons therefor, in the prescribed form, in The Court of Queen’s Bench of New Brunswick, whereupon the order shall be entered as a judgment or order of that Court and is enforceable as such.
106(14)Where the matter of a complaint under subsection (1) has been settled, whether through the endeavours of the person appointed by the Chief Executive Officer, or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers’ organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers’ organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1).
106(15)Except where the Board rejects a complaint under subsection (6), when a person proceeds under this section to seek a remedy for any alleged wrongful refusal to employ, refusal to continue his employment, discharge, discrimination, intimidation, coercion, threat, or other act or practice contrary to this Act and referred to in subsection (1), no action, suit, or proceeding shall thereafter be brought by him in any court in respect of the alleged wrongful refusal to employ, refusal to continue his employment, discharge, discrimination, intimidation, coercion, threat or other act or practice contrary to this Act.
106(16)The Board shall not inquire into a complaint under this section unless the complaint is made within ninety days after the date on which the act complained of first occurred.
1971, c.9, s.107; 1979, c.41, s.65; 1980, c.32, s.12; 1985, c.51, s.11; 1994, c.52, s.2
Inquiry by Board
106(1)Where a complaint in writing is made to the Board alleging that an employer, employer’s organization, trade union, council of trade unions or any other person is doing or has done any act in violation of any provision of sections 3 to 9, 50 or 51, the Chief Executive Officer shall immediately notify the alleged violator, and any other person or body affected by the complaint, by telephone and telegram of the making of the complaint.
106(2)Where a complaint is received under subsection (1) the Chief Executive Officer shall, on the advice of the Chairperson, either refer the complaint to the Board for inquiry or appoint a person to inquire into the complaint.
106(3)Where a complaint is referred under subsection (2) to the Board, the Board shall inquire forthwith into the matter.
106(4)A person appointed under subsection (2) to inquire into a matter shall endeavour to settle the matter complained of and shall report back to the Chairperson not later than fourteen days after the day on which the complaint was received by the Board.
106(5)Where a person appointed under subsection (2) has not been successful in settling the matter complained of the Board shall inquire forthwith into the matter.
106(6)Where, in the opinion of the Board, a complaint under subsection (1) is without merit, the Board may reject the complaint at any time.
106(7)Where in a complaint under this section it is alleged on an inquiry by the Board that
(a) any employer has discharged any employee or refused to employ or to continue to employ any person or threatened the dismissal of an employee contrary to subsection 3(2), (3) or (4), or
(b) any union has intimidated, coerced, threatened or imposed a penalty on any employee or person contrary to subsection 5(2) or (3),
and the person complaining establishes a prima facie case against the employer or union, the burden of proving that the employer or union did not violate the provision lies with the employer or union, as the case may be.
106(8)Where upon inquiry the Board is satisfied that any employer, employer’s organization, trade union or council of trade unions or any other person is doing or has done any act in violation of any provision of sections 3 to 9, 50 or 51, the Board
(a) shall make an order directing the employer, employers’ organization, trade union, council of trade unions or other person to cease doing the act;
(b) may in the same order or in a subsequent order direct the employer, employers’ organization, trade union, council of trade unions or other person to rectify the act;
(c) may in the same order or in a subsequent order direct the hiring or reinstatement of a person in employment with or without compensation, or the compensation of a person in lieu of hiring or reinstatement for loss of earnings and other employment benefits;
(d) may in the same order or in a subsequent order direct an employer found in violation of subsection 3(3) not to increase or decrease wages, or alter a term or condition of employment, of the employees affected by the order for a period not exceeding thirty days without written permission from the Board, and may in a subsequent order direct the extension of any such direction for a further period not exceeding thirty days;
(e) may, where an employer or employers’ organization, or a trade union or council of trade unions, contravenes any provision of sections 3 to 9 so that the true wishes of the employees are not likely to be ascertained, and, in the opinion of the Board, a trade union has membership support adequate for collective bargaining or such support has been obtained by virtue of an unfair labour practice, certify the trade union, or refuse to certify the trade union, as the case may be;
(f) may in the same order or in a subsequent order declare, where applicable, a suspension, expulsion or penalty to be contrary to this Act, whereupon the suspension, expulsion or penalty is void; and
(g) may in the same order or in a subsequent order determine what, if anything, in addition to or in substitution for the provision made in paragraph (a), (b), (c), (d), (e) or (f), the employer, employers’ organization, trade union, council of trade unions, or person, shall do or refrain from doing with respect to the prohibited act.
106(9)Where a complainant under subsection (1) alleges that he suffers irremediable harm from the continuing alleged violation of a provision of sections 3 to 9, the Board on request by the applicant may, after consulting any employer, employers’ organization, trade union, council of trade unions or other person that in its opinion is concerned, make such interim order as it in its discretion deems proper.
106(10)Where a request is received under subsection (9) the Chief Executive Officer shall serve notice of the complaint by telegram on any employer, employers’ organization, trade union, council of trade unions or other person affected and shall either schedule the matter for hearing before the Board to be held within forty-eight hours, or refer the matter to a person appointed by him who shall report to the Board forthwith regarding the facts of the matter if he has not been successful in settling the complaint.
106(11)Upon receiving the report of a person to whom a matter was referred under subsection (10), the Board may, if it believes irremediable harm would result from the continuation of the act in question, issue an interim order forbidding the continuation of the act and in the same order the Board shall schedule a hearing forthwith to inquire fully into the complaint.
106(12)An order made under this section shall be served on the employer, employers’ organization, trade union, council of trade unions, or other person affected by the order and the employer, employers’ organization, trade union, council of trade unions, or other person shall, notwithstanding the provisions of any collective agreement, comply with the order within the time provided in the order for compliance.
106(13)Where the trade union, council of trade unions, employer, employers’ organization, or person, has failed to comply with any of the terms of an order made under this section, any trade union, council of trade unions, employer, employers’ organization, person or employee affected by the order may, after the expiration of fourteen days from the date of the release of the order or the date provided in the order for compliance, whichever is later, notify the Board in writing of such failure, and thereupon the Board shall file a copy of the order, exclusive of the reasons therefor, in the prescribed form, in The Court of Queen’s Bench of New Brunswick, whereupon the order shall be entered as a judgment or order of that Court and is enforceable as such.
106(14)Where the matter of a complaint under subsection (1) has been settled, whether through the endeavours of the person appointed by the Chief Executive Officer, or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers’ organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers’ organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1).
106(15)Except where the Board rejects a complaint under subsection (6), when a person proceeds under this section to seek a remedy for any alleged wrongful refusal to employ, refusal to continue his employment, discharge, discrimination, intimidation, coercion, threat, or other act or practice contrary to this Act and referred to in subsection (1), no action, suit, or proceeding shall thereafter be brought by him in any court in respect of the alleged wrongful refusal to employ, refusal to continue his employment, discharge, discrimination, intimidation, coercion, threat or other act or practice contrary to this Act.
106(16)The Board shall not inquire into a complaint under this section unless the complaint is made within ninety days after the date on which the act complained of first occurred.
1971, c.9, s.107; 1979, c.41, s.65; 1980, c.32, s.12; 1985, c.51, s.11; 1994, c.52, s.2