Acts and Regulations

I-4 - Industrial Relations Act

Section 55.1
Disposition versions

Full text
Technological change
55.1(1)Every collective agreement shall contain provisions regarding technological change which, without limiting the generality of the foregoing,
(a) define technological change,
(b) require the employer to give reasonable advance notice of technological change to the bargaining agent, and
(c) describe the contents of the notice.
55.1(2)Where a collective agreement does not contain such provisions as are mentioned in subsection (1), it shall be deemed to contain the following provision:
“The parties, being unable to agree upon provisions to be included in this agreement regarding technological change, agree upon notice in writing given by one party to the other party to submit their differences to arbitration before an arbitration board for final and binding settlement, without stoppage of work. 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 differences 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 the 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.”
55.1(3)Subsections (1) and (2) do not apply if a provision of a collective agreement expressly states that a benefit, privilege, right or obligation was agreed to in lieu of the application of this section.
55.1(4)Where a dispute has been submitted to arbitration in accordance with subsection (2), sections 73 and 74, subsections 75(1) and (2), subsections 76(1) and (2), subsections 77(1) and (2), and subsections 79(4) to (10) apply mutatis mutandis and subsection 131(2) applies to the proceedings and award of the arbitration board as if the arbitration board were named in that subsection.
55.1(5)Subsections (1), (2), (3) and (4) do not apply to a collective agreement that is in effect on the day this section comes into force.
55.1(6)Subsection (5) does not apply after the day on which the collective agreement expires or after the day that is two years after the day this section comes into force, whichever occurs first.
55.1(7)For the purposes of subsections (5) and (6), “collective agreement” includes an arbitration award that is in effect but not incorporated into a collective agreement on the day this section comes into force.
55.1(8)This section does not apply to a collective agreement that is entered into in the construction industry.
1988, c.63, s.1; 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(1)Every collective agreement shall contain provisions regarding technological change which, without limiting the generality of the foregoing,
(a) define technological change,
(b) require the employer to give reasonable advance notice of technological change to the bargaining agent, and
(c) describe the contents of the notice.
55.1(2)Where a collective agreement does not contain such provisions as are mentioned in subsection (1), it shall be deemed to contain the following provision:
“The parties, being unable to agree upon provisions to be included in this agreement regarding technological change, agree upon notice in writing given by one party to the other party to submit their differences to arbitration before an arbitration board for final and binding settlement, without stoppage of work. 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 differences 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 the 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.”
55.1(3)Subsections (1) and (2) do not apply if a provision of a collective agreement expressly states that a benefit, privilege, right or obligation was agreed to in lieu of the application of this section.
55.1(4)Where a dispute has been submitted to arbitration in accordance with subsection (2), sections 73 and 74, subsections 75(1) and (2), subsections 76(1) and (2), subsections 77(1) and (2), and subsections 79(4) to (10) apply mutatis mutandis and subsection 131(2) applies to the proceedings and award of the arbitration board as if the arbitration board were named in that subsection.
55.1(5)Subsections (1), (2), (3) and (4) do not apply to a collective agreement that is in effect on the day this section comes into force.
55.1(6)Subsection (5) does not apply after the day on which the collective agreement expires or after the day that is two years after the day this section comes into force, whichever occurs first.
55.1(7)For the purposes of subsections (5) and (6), “collective agreement” includes an arbitration award that is in effect but not incorporated into a collective agreement on the day this section comes into force.
55.1(8)This section does not apply to a collective agreement that is entered into in the construction industry.
1988, c.63, s.1; 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(1)Every collective agreement shall contain provisions regarding technological change which, without limiting the generality of the foregoing,
(a) define technological change,
(b) require the employer to give reasonable advance notice of technological change to the bargaining agent, and
(c) describe the contents of the notice.
55.1(2)Where a collective agreement does not contain such provisions as are mentioned in subsection (1), it shall be deemed to contain the following provision:
“The parties, being unable to agree upon provisions to be included in this agreement regarding technological change, agree upon notice in writing given by one party to the other party to submit their differences to arbitration before an arbitration board for final and binding settlement, without stoppage of work. 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 differences 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 the 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.”
55.1(3)Subsections (1) and (2) do not apply if a provision of a collective agreement expressly states that a benefit, privilege, right or obligation was agreed to in lieu of the application of this section.
55.1(4)Where a dispute has been submitted to arbitration in accordance with subsection (2), sections 73 and 74, subsections 75(1) and (2), subsections 76(1) and (2), subsections 77(1) and (2), and subsections 79(4) to (10) apply mutatis mutandis and subsection 131(2) applies to the proceedings and award of the arbitration board as if the arbitration board were named in that subsection.
55.1(5)Subsections (1), (2), (3) and (4) do not apply to a collective agreement that is in effect on the day this section comes into force.
55.1(6)Subsection (5) does not apply after the day on which the collective agreement expires or after the day that is two years after the day this section comes into force, whichever occurs first.
55.1(7)For the purposes of subsections (5) and (6), “collective agreement” includes an arbitration award that is in effect but not incorporated into a collective agreement on the day this section comes into force.
55.1(8)This section does not apply to a collective agreement that is entered into in the construction industry.
1988, c.63, s.1; 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(1)Every collective agreement shall contain provisions regarding technological change which, without limiting the generality of the foregoing,
(a) define technological change,
(b) require the employer to give reasonable advance notice of technological change to the bargaining agent, and
(c) describe the contents of the notice.
55.1(2)Where a collective agreement does not contain such provisions as are mentioned in subsection (1), it shall be deemed to contain the following provision:
“The parties, being unable to agree upon provisions to be included in this agreement regarding technological change, agree upon notice in writing given by one party to the other party to submit their differences to arbitration before an arbitration board for final and binding settlement, without stoppage of work. 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 differences 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 the 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.”
55.1(3)Subsections (1) and (2) do not apply if a provision of a collective agreement expressly states that a benefit, privilege, right or obligation was agreed to in lieu of the application of this section.
55.1(4)Where a dispute has been submitted to arbitration in accordance with subsection (2), sections 73 and 74, subsections 75(1) and (2), subsections 76(1) and (2), subsections 77(1) and (2), and subsections 79(4) to (10) apply mutatis mutandis and subsection 131(2) applies to the proceedings and award of the arbitration board as if the arbitration board were named in that subsection.
55.1(5)Subsections (1), (2), (3) and (4) do not apply to a collective agreement that is in effect on the day this section comes into force.
55.1(6)Subsection (5) does not apply after the day on which the collective agreement expires or after the day that is two years after the day this section comes into force, whichever occurs first.
55.1(7)For the purposes of subsections (5) and (6), “collective agreement” includes an arbitration award that is in effect but not incorporated into a collective agreement on the day this section comes into force.
55.1(8)This section does not apply to a collective agreement that is entered into in the construction industry.
1988, c.63, s.1; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89