Acts and Regulations

N-4.05 - New Brunswick Community Colleges Act

Section 40
Disposition versions

Full text
Transfer of employees to a corporation
40(1)Subject to subsection (3), on the commencement of this section an employee of the New Brunswick Community College / Collège communautaire du Nouveau-Brunswick shall become an employee of either the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB) established under this Act.
40(2)The Board of Management shall determine whether an employee in subsection (1) shall become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
40(3)On the commencement of this section, an employee of the New Brunswick College of Craft and Design or of the College Support Service Branch of the Department of Post-Secondary Education, Training and Labour shall not become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
40(4)Subject to subsection (5), the terms and conditions of employment of an employee referred to in subsection (1) shall continue until changed by a collective agreement or an employment contract.
40(5)Despite the Public Service Labour Relations Act and section 41, a collective agreement applicable to an employee referred to in subsection (1) immediately before the commencement of this section shall continue in force and binds the respective corporation as employer until a new collective agreement comes into effect.
40(6)Despite subsection (5), if notice to bargain collectively has been given and the employees in the bargaining unit have authorized strike action in accordance with the Public Service Labour Relations Act, section 46 of that Act applies.
40(7)The accumulated sick leave credits and vacation leave credits of an employee referred to in subsection (1) shall be recognized by the respective corporation.
40(8)The period of employment in the public service of an employee referred to in subsection (1) is deemed to be service with the respective corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.
Transfer of employees to a corporation
40(1)Subject to subsection (3), on the commencement of this section an employee of the New Brunswick Community College / Collège communautaire du Nouveau-Brunswick shall become an employee of either the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB) established under this Act.
40(2)The Board of Management shall determine whether an employee in subsection (1) shall become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
40(3)On the commencement of this section, an employee of the New Brunswick College of Craft and Design or of the College Support Service Branch of the Department of Post-Secondary Education, Training and Labour shall not become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
40(4)Subject to subsection (5), the terms and conditions of employment of an employee referred to in subsection (1) shall continue until changed by a collective agreement or an employment contract.
40(5)Despite the Public Service Labour Relations Act and section 41, a collective agreement applicable to an employee referred to in subsection (1) immediately before the commencement of this section shall continue in force and binds the respective corporation as employer until a new collective agreement comes into effect.
40(6)Despite subsection (5), if notice to bargain collectively has been given and the employees in the bargaining unit have authorized strike action in accordance with the Public Service Labour Relations Act, section 46 of that Act applies.
40(7)The accumulated sick leave credits and vacation leave credits of an employee referred to in subsection (1) shall be recognized by the respective corporation.
40(8)The period of employment in the public service of an employee referred to in subsection (1) is deemed to be service with the respective corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.
Transfer of employees to a corporation
40(1)Subject to subsection (3), on the commencement of this section an employee of the New Brunswick Community College / Collège communautaire du Nouveau-Brunswick shall become an employee of either the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB) established under this Act.
40(2)The Board of Management shall determine whether an employee in subsection (1) shall become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
40(3)On the commencement of this section, an employee of the New Brunswick College of Craft and Design or of the College Support Service Branch of the Department of Post-Secondary Education, Training and Labour shall not become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
40(4)Subject to subsection (5), the terms and conditions of employment of an employee referred to in subsection (1) shall continue until changed by a collective agreement or an employment contract.
40(5)Despite the Public Service Labour Relations Act and section 41, a collective agreement applicable to an employee referred to in subsection (1) immediately before the commencement of this section shall continue in force and binds the respective corporation as employer until a new collective agreement comes into effect.
40(6)Despite subsection (5), if notice to bargain collectively has been given and the employees in the bargaining unit have authorized strike action in accordance with the Public Service Labour Relations Act, section 46 of that Act applies.
40(7)The accumulated sick leave credits and vacation leave credits of an employee referred to in subsection (1) shall be recognized by the respective corporation.
40(8)The period of employment in the public service of an employee referred to in subsection (1) is deemed to be service with the respective corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.