Acts and Regulations

I-4 - Industrial Relations Act

Full text
Interim order or direction
87(1)Where a complaint is made under subsection 83(1) and the complainant alleges that a strike is imminent or is taking place by reason of the requirement as to the assignment of work, or by reason of the assignment of work, the Board may, after consulting any employer, employers’ organization, trade union or council of trade unions that in its opinion is concerned, make such interim order with respect to the assignment of the work as it in its discretion deems proper, and the Board from time to time may amend or vary such order as it in its discretion deems proper.
87(2)Where the Board has made an interim order or a direction under subsection (1), the person, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents affected by the interim order or the direction may comply with it notwithstanding any provision of this Act or of any collective agreement relating to the assignment of the work to which the interim order or the direction relates, and the person, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents so complying shall be deemed not to have violated any provision of this Act or of any collective agreement.
87(3)The Board may in an interim order or direction under subsection (1), or at any time after the making of such interim order or direction, direct any person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents to cease and desist from doing anything intended or likely to interfere with the terms of an interim order or direction respecting the assignment of work.
87(4)The Board may file a copy of an interim order or direction made under this section, exclusive of the reasons therefor, in the prescribed form, in The Court of King’s Bench of New Brunswick, whereupon the interim order or direction shall be entered as a judgment or order of that Court and is enforceable as such.
87(5)Where an interim order or a direction has been entered under subsection (4), it is enforceable by a person, employee, employer, employers’ organization, trade union or council of trade unions affected as a judgment or order of the Court on the day next after the day fixed for compliance in the interim order or direction.
87(6)A complaint in a case within subsection (1) may be withdrawn by the complainant only upon such terms and conditions as the Board may fix.
1971, c.9, s.88; 1979, c.41, s.65; 1980, c.32, s.12; 2023, c.17, s.110
Interim order or direction
87(1)Where a complaint is made under subsection 83(1) and the complainant alleges that a strike is imminent or is taking place by reason of the requirement as to the assignment of work, or by reason of the assignment of work, the Board may, after consulting any employer, employers’ organization, trade union or council of trade unions that in its opinion is concerned, make such interim order with respect to the assignment of the work as it in its discretion deems proper, and the Board from time to time may amend or vary such order as it in its discretion deems proper.
87(2)Where the Board has made an interim order or a direction under subsection (1), the person, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents affected by the interim order or the direction may comply with it notwithstanding any provision of this Act or of any collective agreement relating to the assignment of the work to which the interim order or the direction relates, and the person, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents so complying shall be deemed not to have violated any provision of this Act or of any collective agreement.
87(3)The Board may in an interim order or direction under subsection (1), or at any time after the making of such interim order or direction, direct any person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents to cease and desist from doing anything intended or likely to interfere with the terms of an interim order or direction respecting the assignment of work.
87(4)The Board may file a copy of an interim order or direction made under this section, exclusive of the reasons therefor, in the prescribed form, in The Court of Queen’s Bench of New Brunswick, whereupon the interim order or direction shall be entered as a judgment or order of that Court and is enforceable as such.
87(5)Where an interim order or a direction has been entered under subsection (4), it is enforceable by a person, employee, employer, employers’ organization, trade union or council of trade unions affected as a judgment or order of the Court on the day next after the day fixed for compliance in the interim order or direction.
87(6)A complaint in a case within subsection (1) may be withdrawn by the complainant only upon such terms and conditions as the Board may fix.
1971, c.9, s.88; 1979, c.41, s.65; 1980, c.32, s.12