Acts and Regulations

I-4 - Industrial Relations Act

Section 134
Disposition versions

Full text
Service to process
134(1)Every trade union, council of trade unions and unincorporated employers’ organization in New Brunswick that has members in New Brunswick shall, on or before such date as may be fixed by the Lieutenant-Governor in Council, or within fifteen days after it has enrolled its first member, whichever is later, file with the Board and with the Minister a notice giving the name and address of a person resident in New Brunswick who is authorized by the trade union, council of trade unions or unincorporated employers’ organization to accept on its behalf service of process and notices under this Act.
134(2)Whenever a trade union, council of trade unions or unincorporated employers’ organization changes the authorization referred to in subsection (1), it shall file with the Board and with the Minister notice thereof within fifteen days after making such change.
134(3)Service on the person named in a notice or the latest notice, as the case may be, filed under subsection (1) or (2) is a good and sufficient service for the purposes of this Act on the trade union, council of trade unions or unincorporated employers’ organization that filed the notice.
134(4)Where the employer is an extra-provincial company of which the board of directors does not meet in the Province,
(a) the company shall appoint a person resident in the Province to accept on its behalf service or process and notices under this Act and with authority
(i) to bargain collectively,
(ii) to conclude a collective agreement with the certified bargaining agent, and
(iii) to sign such agreement on behalf of the company;
(b) the collective agreement signed by such person is binding on the company; and
(c) the company is guilty of an offence if it fails to appoint a person in compliance with paragraph (a).
1971, c.9, s.135
Service to process
134(1)Every trade union, council of trade unions and unincorporated employers’ organization in New Brunswick that has members in New Brunswick shall, on or before such date as may be fixed by the Lieutenant-Governor in Council, or within fifteen days after it has enrolled its first member, whichever is later, file with the Board and with the Minister a notice giving the name and address of a person resident in New Brunswick who is authorized by the trade union, council of trade unions or unincorporated employers’ organization to accept on its behalf service of process and notices under this Act.
134(2)Whenever a trade union, council of trade unions or unincorporated employers’ organization changes the authorization referred to in subsection (1), it shall file with the Board and with the Minister notice thereof within fifteen days after making such change.
134(3)Service on the person named in a notice or the latest notice, as the case may be, filed under subsection (1) or (2) is a good and sufficient service for the purposes of this Act on the trade union, council of trade unions or unincorporated employers’ organization that filed the notice.
134(4)Where the employer is an extra-provincial company of which the board of directors does not meet in the Province,
(a) the company shall appoint a person resident in the Province to accept on its behalf service or process and notices under this Act and with authority
(i) to bargain collectively,
(ii) to conclude a collective agreement with the certified bargaining agent, and
(iii) to sign such agreement on behalf of the company;
(b) the collective agreement signed by such person is binding on the company; and
(c) the company is guilty of an offence if it fails to appoint a person in compliance with paragraph (a).
1971, c.9, s.135