Acts and Regulations

I-4 - Industrial Relations Act

Section 55
Disposition versions

Full text
Settlement of grievances
55(1)Every collective agreement shall provide for the final and binding settlement by arbitration or otherwise, without stoppage of work, of all differences between the parties to, or persons bound by, the agreement or on whose behalf it was entered into, concerning its interpretation, application, administration or an alleged violation of the agreement, including any question as to whether a matter is arbitrable.
55(2)Where a collective agreement does not contain such a provision as is mentioned in subsection (1), it shall be deemed to contain the following provision:
“Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to the arbitration board by the party giving the notice. The party to whom the notice is given shall, within five days of receiving the notice, name the person whom it appoints to the arbitration board and shall advise the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. Where the party receiving the notice fails to appoint a member of the arbitration board, or where the two appointees of the parties fail to agree upon a chairman within the time limited, the Minister of Post-Secondary Education, Training and Labour for New Brunswick, upon the request of a party to the agreement, shall appoint a member on behalf of the party failing to make an appointment, or shall appoint the third member, as the case may be, and, where the case requires, shall appoint both. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairman shall be the decision of the arbitration board.”
55(3)The provisions of subsection (2) apply to arbitrations commenced after March 31, 1972 and to arbitrations commenced before subsection (2) comes into force and in respect of which the arbitrator or arbitration board has heard no evidence, notwithstanding that the collective agreement under which the arbitration was commenced was entered into before April 1, 1972.
55(4)Where, in the opinion of the Board, any part of the arbitration provisions in a collective bargaining agreement, including the method of appointment of the arbitrator or arbitration board, is inadequate, or the provisions set out in subsection (2) are unsuitable in any particular case, the Board, on the application of a party to the collective agreement, may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, the arbitration provision in the collective agreement or in subsection (2), as the case may be, applies.
55(5)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for a panel of arbitrators jointly appointed or nominated thereto by the parties, the parties may at any time, except with respect to an arbitrator who has been appointed or designated to an arbitration or except with respect to a board of arbitration that is constituted, where he or it has entered upon a hearing, remove, substitute or add the names of persons to the panel and may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement applies.
55(6)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for arbitration before a three member board, or is deemed to provide for such a board by virtue of subsection (2), the parties may at any time, except with respect to an arbitration board which is constituted, and has entered upon a hearing, substitute therefor a provision applicable for the term of the agreement or for the term mentioned in the substituted provision, for arbitration before a single arbitrator and the parties may appoint a person to be the arbitrator or provide for appointment from a panel of arbitrators, but until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement or deemed to be included therein by virtue of subsection (2) applies.
55(7)Subsection (5) applies mutatis mutandis to a provision made under subsection (6) for the appointment of a panel of arbitrators.
55(8)Notwithstanding that a collective agreement has expired, an arbitration provision in that collective agreement pursuant to subsection (1) or (2) shall continue in force after the expiration of the agreement, for the benefit of an employee in the bargaining unit who is dismissed by the employer, until such time as a lawful strike or lock-out occurs.
1971, c.9, s.56; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.51, s.7; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89; 2007, c.10, s.50; 2017, c.63, s.29; 2019, c.2, s.72
Settlement of grievances
55(1)Every collective agreement shall provide for the final and binding settlement by arbitration or otherwise, without stoppage of work, of all differences between the parties to, or persons bound by, the agreement or on whose behalf it was entered into, concerning its interpretation, application, administration or an alleged violation of the agreement, including any question as to whether a matter is arbitrable.
55(2)Where a collective agreement does not contain such a provision as is mentioned in subsection (1), it shall be deemed to contain the following provision:
“Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to the arbitration board by the party giving the notice. The party to whom the notice is given shall, within five days of receiving the notice, name the person whom it appoints to the arbitration board and shall advise the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. Where the party receiving the notice fails to appoint a member of the arbitration board, or where the two appointees of the parties fail to agree upon a chairman within the time limited, the Minister of Post-Secondary Education for New Brunswick, upon the request of a party to the agreement, shall appoint a member on behalf of the party failing to make an appointment, or shall appoint the third member, as the case may be, and, where the case requires, shall appoint both. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairman shall be the decision of the arbitration board.”
55(3)The provisions of subsection (2) apply to arbitrations commenced after March 31, 1972 and to arbitrations commenced before subsection (2) comes into force and in respect of which the arbitrator or arbitration board has heard no evidence, notwithstanding that the collective agreement under which the arbitration was commenced was entered into before April 1, 1972.
55(4)Where, in the opinion of the Board, any part of the arbitration provisions in a collective bargaining agreement, including the method of appointment of the arbitrator or arbitration board, is inadequate, or the provisions set out in subsection (2) are unsuitable in any particular case, the Board, on the application of a party to the collective agreement, may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, the arbitration provision in the collective agreement or in subsection (2), as the case may be, applies.
55(5)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for a panel of arbitrators jointly appointed or nominated thereto by the parties, the parties may at any time, except with respect to an arbitrator who has been appointed or designated to an arbitration or except with respect to a board of arbitration that is constituted, where he or it has entered upon a hearing, remove, substitute or add the names of persons to the panel and may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement applies.
55(6)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for arbitration before a three member board, or is deemed to provide for such a board by virtue of subsection (2), the parties may at any time, except with respect to an arbitration board which is constituted, and has entered upon a hearing, substitute therefor a provision applicable for the term of the agreement or for the term mentioned in the substituted provision, for arbitration before a single arbitrator and the parties may appoint a person to be the arbitrator or provide for appointment from a panel of arbitrators, but until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement or deemed to be included therein by virtue of subsection (2) applies.
55(7)Subsection (5) applies mutatis mutandis to a provision made under subsection (6) for the appointment of a panel of arbitrators.
55(8)Notwithstanding that a collective agreement has expired, an arbitration provision in that collective agreement pursuant to subsection (1) or (2) shall continue in force after the expiration of the agreement, for the benefit of an employee in the bargaining unit who is dismissed by the employer, until such time as a lawful strike or lock-out occurs.
1971, c.9, s.56; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.51, s.7; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89; 2007, c.10, s.50; 2017, c.63, s.29
Settlement of grievances
55(1)Every collective agreement shall provide for the final and binding settlement by arbitration or otherwise, without stoppage of work, of all differences between the parties to, or persons bound by, the agreement or on whose behalf it was entered into, concerning its interpretation, application, administration or an alleged violation of the agreement, including any question as to whether a matter is arbitrable.
55(2)Where a collective agreement does not contain such a provision as is mentioned in subsection (1), it shall be deemed to contain the following provision:
“Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to the arbitration board by the party giving the notice. The party to whom the notice is given shall, within five days of receiving the notice, name the person whom it appoints to the arbitration board and shall advise the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. Where the party receiving the notice fails to appoint a member of the arbitration board, or where the two appointees of the parties fail to agree upon a chairman within the time limited, the Minister of Post-Secondary Education, Training and Labour for New Brunswick, upon the request of a party to the agreement, shall appoint a member on behalf of the party failing to make an appointment, or shall appoint the third member, as the case may be, and, where the case requires, shall appoint both. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairman shall be the decision of the arbitration board.”
55(3)The provisions of subsection (2) apply to arbitrations commenced after March 31, 1972 and to arbitrations commenced before subsection (2) comes into force and in respect of which the arbitrator or arbitration board has heard no evidence, notwithstanding that the collective agreement under which the arbitration was commenced was entered into before April 1, 1972.
55(4)Where, in the opinion of the Board, any part of the arbitration provisions in a collective bargaining agreement, including the method of appointment of the arbitrator or arbitration board, is inadequate, or the provisions set out in subsection (2) are unsuitable in any particular case, the Board, on the application of a party to the collective agreement, may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, the arbitration provision in the collective agreement or in subsection (2), as the case may be, applies.
55(5)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for a panel of arbitrators jointly appointed or nominated thereto by the parties, the parties may at any time, except with respect to an arbitrator who has been appointed or designated to an arbitration or except with respect to a board of arbitration that is constituted, where he or it has entered upon a hearing, remove, substitute or add the names of persons to the panel and may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement applies.
55(6)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for arbitration before a three member board, or is deemed to provide for such a board by virtue of subsection (2), the parties may at any time, except with respect to an arbitration board which is constituted, and has entered upon a hearing, substitute therefor a provision applicable for the term of the agreement or for the term mentioned in the substituted provision, for arbitration before a single arbitrator and the parties may appoint a person to be the arbitrator or provide for appointment from a panel of arbitrators, but until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement or deemed to be included therein by virtue of subsection (2) applies.
55(7)Subsection (5) applies mutatis mutandis to a provision made under subsection (6) for the appointment of a panel of arbitrators.
55(8)Notwithstanding that a collective agreement has expired, an arbitration provision in that collective agreement pursuant to subsection (1) or (2) shall continue in force after the expiration of the agreement, for the benefit of an employee in the bargaining unit who is dismissed by the employer, until such time as a lawful strike or lock-out occurs.
1971, c.9, s.56; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.51, s.7; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89; 2007, c.10, s.50
Settlement of grievances
55(1)Every collective agreement shall provide for the final and binding settlement by arbitration or otherwise, without stoppage of work, of all differences between the parties to, or persons bound by, the agreement or on whose behalf it was entered into, concerning its interpretation, application, administration or an alleged violation of the agreement, including any question as to whether a matter is arbitrable.
55(2)Where a collective agreement does not contain such a provision as is mentioned in subsection (1), it shall be deemed to contain the following provision:
“Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to the arbitration board by the party giving the notice. The party to whom the notice is given shall, within five days of receiving the notice, name the person whom it appoints to the arbitration board and shall advise the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. Where the party receiving the notice fails to appoint a member of the arbitration board, or where the two appointees of the parties fail to agree upon a chairman within the time limited, the Minister of Post-Secondary Education and Training for New Brunswick, upon the request of a party to the agreement, shall appoint a member on behalf of the party failing to make an appointment, or shall appoint the third member, as the case may be, and, where the case requires, shall appoint both. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairman shall be the decision of the arbitration board.”
55(3)The provisions of subsection (2) apply to arbitrations commenced after March 31, 1972 and to arbitrations commenced before subsection (2) comes into force and in respect of which the arbitrator or arbitration board has heard no evidence, notwithstanding that the collective agreement under which the arbitration was commenced was entered into before April 1, 1972.
55(4)Where, in the opinion of the Board, any part of the arbitration provisions in a collective bargaining agreement, including the method of appointment of the arbitrator or arbitration board, is inadequate, or the provisions set out in subsection (2) are unsuitable in any particular case, the Board, on the application of a party to the collective agreement, may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, the arbitration provision in the collective agreement or in subsection (2), as the case may be, applies.
55(5)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for a panel of arbitrators jointly appointed or nominated thereto by the parties, the parties may at any time, except with respect to an arbitrator who has been appointed or designated to an arbitration or except with respect to a board of arbitration that is constituted, where he or it has entered upon a hearing, remove, substitute or add the names of persons to the panel and may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement applies.
55(6)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for arbitration before a three member board, or is deemed to provide for such a board by virtue of subsection (2), the parties may at any time, except with respect to an arbitration board which is constituted, and has entered upon a hearing, substitute therefor a provision applicable for the term of the agreement or for the term mentioned in the substituted provision, for arbitration before a single arbitrator and the parties may appoint a person to be the arbitrator or provide for appointment from a panel of arbitrators, but until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement or deemed to be included therein by virtue of subsection (2) applies.
55(7)Subsection (5) applies mutatis mutandis to a provision made under subsection (6) for the appointment of a panel of arbitrators.
55(8)Notwithstanding that a collective agreement has expired, an arbitration provision in that collective agreement pursuant to subsection (1) or (2) shall continue in force after the expiration of the agreement, for the benefit of an employee in the bargaining unit who is dismissed by the employer, until such time as a lawful strike or lock-out occurs.
1971, c.9, s.56; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.51, s.7; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89