Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 1
Disposition versions

Full text
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employé)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(c.2) a person employed during all or part of the period from May to September who was enrolled in full-time studies at a secondary or post-secondary educational institution before he or she became employed and who declared at the time he or she became employed his or her intention to return to full-time studies at a secondary or post-secondary educational institution in the same year,
(c.3) a person employed under a co-op program for university or community college students, except for an apprentice as defined in the Apprenticeship and Occupational Certification Act,
(c.4) a person employed under an employment development program under the Employment Development Act or a similar program subsidized by the Crown in right of the Province or the Crown in right of Canada,
(d) Repealed: 1990, c.30, s.1
(e) Repealed: 2010, c.20, s.1
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means the Crown in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Treasury Board, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Treasury Board under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of King’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) Repealed: 2009, c.39, s.1
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education, Training and Labour,
(d) is employed in a position under the Minister of Post-Secondary Education, Training and Labour and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education, Training and Labour in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with a person employed as a legal officer under the Attorney General or who works in confidence with any person described in paragraph (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150; 2009, c.39, s.1; 2010, c.20, s.1; 2012, c.52, s.44; 2016, c.37, s.161; 2017, c.63, s.50; 2019, c.2, s.124; 2023, c.17, s.223
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employé)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(c.2) a person employed during all or part of the period from May to September who was enrolled in full-time studies at a secondary or post-secondary educational institution before he or she became employed and who declared at the time he or she became employed his or her intention to return to full-time studies at a secondary or post-secondary educational institution in the same year,
(c.3) a person employed under a co-op program for university or community college students, except for an apprentice as defined in the Apprenticeship and Occupational Certification Act,
(c.4) a person employed under an employment development program under the Employment Development Act or a similar program subsidized by Her Majesty in right of the Province or Her Majesty in right of Canada,
(d) Repealed: 1990, c.30, s.1
(e) Repealed: 2010, c.20, s.1
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means Her Majesty in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Treasury Board, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Treasury Board under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of Queen’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) Repealed: 2009, c.39, s.1
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education, Training and Labour,
(d) is employed in a position under the Minister of Post-Secondary Education, Training and Labour and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education, Training and Labour in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with a person employed as a legal officer under the Attorney General or who works in confidence with any person described in paragraph (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150; 2009, c.39, s.1; 2010, c.20, s.1; 2012, c.52, s.44; 2016, c.37, s.161; 2017, c.63, s.50; 2019, c.2, s.124
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employée)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(c.2) a person employed during all or part of the period from May to September who was enrolled in full-time studies at a secondary or post-secondary educational institution before he or she became employed and who declared at the time he or she became employed his or her intention to return to full-time studies at a secondary or post-secondary educational institution in the same year,
(c.3) a person employed under a co-op program for university or community college students, except for an apprentice as defined in the Apprenticeship and Occupational Certification Act,
(c.4) a person employed under an employment development program under the Employment Development Act or a similar program subsidized by Her Majesty in right of the Province or Her Majesty in right of Canada,
(d) Repealed: 1990, c.30, s.1
(e) Repealed: 2010, c.20, s.1
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means Her Majesty in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Treasury Board, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Treasury Board under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of Queen’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) Repealed: 2009, c.39, s.1
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education,
(d) is employed in a position under the Minister of Post-Secondary Education and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with a person employed as a legal officer under the Attorney General or who works in confidence with any person described in paragraph (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150; 2009, c.39, s.1; 2010, c.20, s.1; 2012, c.52, s.44; 2016, c.37, s.161; 2017, c.63, s.50
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employée)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(c.2) a person employed during all or part of the period from May to September who was enrolled in full-time studies at a secondary or post-secondary educational institution before he or she became employed and who declared at the time he or she became employed his or her intention to return to full-time studies at a secondary or post-secondary educational institution in the same year,
(c.3) a person employed under a co-op program for university or community college students, except for an apprentice as defined in the Apprenticeship and Occupational Certification Act,
(c.4) a person employed under an employment development program under the Employment Development Act or a similar program subsidized by Her Majesty in right of the Province or Her Majesty in right of Canada,
(d) Repealed: 1990, c.30, s.1
(e) Repealed: 2010, c.20, s.1
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means Her Majesty in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Treasury Board, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Treasury Board under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of Queen’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) Repealed: 2009, c.39, s.1
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education, Training and Labour,
(d) is employed in a position under the Minister of Post-Secondary Education, Training and Labour and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education, Training and Labour in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with a person employed as a legal officer under the Attorney General or who works in confidence with any person described in paragraph (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150; 2009, c.39, s.1; 2010, c.20, s.1; 2012, c.52, s.44; 2016, c.37, s.161
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employée)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(c.2) a person employed during all or part of the period from May to September who was enrolled in full-time studies at a secondary or post-secondary educational institution before he or she became employed and who declared at the time he or she became employed his or her intention to return to full-time studies at a secondary or post-secondary educational institution in the same year,
(c.3) a person employed under a co-op program for university or community college students, except for an apprentice as defined in the Apprenticeship and Occupational Certification Act,
(c.4) a person employed under an employment development program under the Employment Development Act or a similar program subsidized by Her Majesty in right of the Province or Her Majesty in right of Canada,
(d) Repealed: 1990, c.30, s.1
(e) Repealed: 2010, c.20, s.1
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means Her Majesty in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Board of Management, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Board of Management under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of Queen’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) Repealed: 2009, c.39, s.1
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education, Training and Labour,
(d) is employed in a position under the Minister of Post-Secondary Education, Training and Labour and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education, Training and Labour in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with a person employed as a legal officer under the Attorney General or who works in confidence with any person described in paragraph (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150; 2009, c.39, s.1; 2010, c.20, s.1; 2012, c.52, s.44
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employée)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(c.2) a person employed during all or part of the period from May to September who was enrolled in full-time studies at a secondary or post-secondary educational institution before he or she became employed and who declared at the time he or she became employed his or her intention to return to full-time studies at a secondary or post-secondary educational institution in the same year,
(c.3) a person employed under a co-op program for university or community college students, except for an apprentice as defined in the Apprenticeship and Occupational Certification Act,
(c.4) a person employed under an employment development program under the Employment Development Act or a similar program subsidized by Her Majesty in right of the Province or Her Majesty in right of Canada,
(d) Repealed: 1990, c.30, s.1
(e) Repealed: 2010, c.20, s.1
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means Her Majesty in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Board of Management, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Board of Management under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of Queen’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) Repealed: 2009, c.39, s.1
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education, Training and Labour,
(d) is employed in a position under the Minister of Post-Secondary Education, Training and Labour and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education, Training and Labour in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with a person employed as a legal officer under the Attorney General or who works in confidence with any person described in paragraph (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150; 2009, c.39, s.1; 2010, c.20, s.1; 2012, c.52, s.44
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employée)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(c.2) a person employed during all or part of the period from May to September who was enrolled in full-time studies at a secondary or post-secondary educational institution before he or she became employed and who declared at the time he or she became employed his or her intention to return to full-time studies at a secondary or post-secondary educational institution in the same year,
(c.3) a person employed under a co-op program for university or community college students, except for an apprentice as defined in the Apprenticeship and Occupational Certification Act,
(c.4) a person employed under an employment development program under the Employment Development Act or a similar program subsidized by Her Majesty in right of the Province or Her Majesty in right of Canada,
(d) Repealed: 1990, c.30, s.1
(e) Repealed: 2010, c.20, s.1
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means Her Majesty in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Board of Management, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Board of Management under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of Queen’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) Repealed: 2009, c.39, s.1
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education and Training,
(d) is employed in a position under the Minister of Post-Secondary Education and Training and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education and Training in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with a person employed as a legal officer under the Attorney General or who works in confidence with any person described in paragraph (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150; 2009, c.39, s.1; 2010, c.20, s.1
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employée)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(d) Repealed: 1990, c.30, s.1
(e) a person employed on a casual or temporary basis unless the person has been so employed for a continuous period of six months or more,
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means Her Majesty in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Board of Management, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Board of Management under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of Queen’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) Repealed: 2009, c.39, s.1
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education and Training,
(d) is employed in a position under the Minister of Post-Secondary Education and Training and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education and Training in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with a person employed as a legal officer under the Attorney General or who works in confidence with any person described in paragraph (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150; 2009, c.39, s.1
Definitions
1In this Act
“adjudicator” means(arbitre)
(a) except in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator in accordance with subsection 92(1) and includes a board of adjudication established in accordance with subsection 92(2), and
(b) in paragraph 18(1)(g.1) and section 100.1, a person appointed as an adjudicator by the Board for the purposes of section 100.1;
“approved leave” Repealed: 1993, c.39, s.1
“arbitral award” means an award made by an arbitration tribunal in respect of a dispute;(sentence arbitrale)
“arbitration tribunal” means an arbitration tribunal established under subsection 79(2);(tribunal d’arbitrage)
“bargaining agent” means an employee organization(agent négociateur)
(a) that has been certified by the Board as bargaining agent for a bargaining unit, and
(b) the certification of which has not been revoked;
“bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining;(unité de négociation)
“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)
“Chairperson” means the Chairperson of the Board;(président)
“collective agreement” means an agreement in writing entered into under this Act between the employer on the one hand, and a bargaining agent on the other hand, containing provisions respecting terms and conditions of employment and related matters;(convention collective)
“commissioner” means a person appointed by the Board under section 60.1;(commissaire)
“conciliation board” means a board appointed under section 49 for the investigation and conciliation of a dispute;(commission de conciliation)
“conciliator” means a person appointed by the Board under section 47 to assist the parties to collective bargaining in reaching agreement;(conciliateur)
“designated position” means a position that is agreed by the parties to collective bargaining or determined by the Board under section 43.1 to be a designated position within the meaning of that section;(poste désigné)
“dispute” means a dispute or difference arising in connection with the conclusion, renewal or revision of a collective agreement in respect of which a commissioner is appointed under section 60.1, in respect of which a conciliation board is appointed under section 49 or in respect of which an arbitration tribunal is established under subsection 79(2);(différend)
“employee” means a person employed in the Public Service, other than(employée)
(a) a person appointed by the Lieutenant-Governor in Council under an Act of the Legislature to a statutory position described in that Act and to whom the Civil Service Act does not apply,
(b) a person locally engaged outside the Province,
(c) a person whose compensation for the performance of the regular duties of his position or office consists of fees of office, or is related to the revenue of the office in which he is employed,
(c.1) a person not ordinarily required to work more than one-third of the normal period for persons doing similar work,
(d) Repealed: 1990, c.30, s.1
(e) a person employed on a casual or temporary basis unless the person has been so employed for a continuous period of six months or more,
(f) a person employed by or under the Board, or
(g) a person employed in a managerial or confidential capacity,
and for the purposes of this definition a person does not cease to be employed in the Public Service by reason only of his ceasing to work as a result of a lawful strike or by reason only of his discharge contrary to this or any other Act of the Legislature;
“employee organization” means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of this Act, and includes, unless the context otherwise requires, a council of employee organizations;(association d’employés)
“employer” means Her Majesty in right of the Province as represented by,(employeur)
(a) in the case of the three divisions of the public service of the Province specified in Part I, Part II and Part III of the First Schedule, the Board of Management, and
(b) in the case of any portion of the public service of the Province specified in Part IV of the First Schedule, the separate employer concerned;
“grievance” means (grief)
(a) a complaint in writing presented in accordance with a collective agreement or an arbitral award by the employer, an employee or a bargaining agent, and
(b) for the purposes of section 100.1, a complaint in writing presented by an employee in the manner, form and within such time as may be prescribed,
except that for the purposes of grievances with respect to discharge or suspension, a reference to an “employee” includes a former employee or a person who would be a former employee but for the fact that at the time of the person’s discharge or suspension the person was a person employed in a managerial or confidential capacity;
“initial certification period” means, in respect of employees in any occupational category, the period ending on the day specified in the regulations applicable to that occupational category;(période d’accréditation initiale)
“occupational category” means any of the following categories of employees, namely,(catégorie d’occupations)
(a) scientific and professional,
(b) technical,
(c) administrative,
(d) administrative support, or
(e) operational,
and includes any other occupationally related category of employees determined by the Board to be an occupational category;
“occupational group” means a group of employees specified and defined by the Board of Management under subsection 24(1) or specified and defined by a separate employer under subsection 24(2);(groupe d’occupations)
“parties” means(parties)
(a) in relation to collective bargaining, arbitration or a dispute, the employer and the bargaining agent,
(b) in relation to a grievance presented in accordance with a collective agreement or an arbitral award, the employer and the bargaining agent or the employee who presented the grievance, as the case may be, and
(c) in relation to a grievance under section 100.1, the employer and the employee who presented the grievance;
“person employed in a managerial or confidential capacity” means any person who(préposé à la gestion ou à des fonctions confidentielles)
(a) is employed in a position confidential to the Lieutenant-Governor, a Minister of the Crown, a judge of The Court of Queen’s Bench of New Brunswick, a judge of The Court of Appeal of New Brunswick, a judge of the Provincial Court of New Brunswick or the deputy head or the chief executive officer of any portion of the Public Service,
(b) is employed as a legal officer under the Attorney General,
(c) is employed as an industrial relations officer under the Minister of Post-Secondary Education and Training,
(d) is employed in a position under the Minister of Post-Secondary Education and Training and
(i) who has executive duties and responsibilities in relation to the development and administration of conciliation, employment standards, labour relations or pension programs, or
(ii) who provides advice to the Minister of Post-Secondary Education and Training in relation to a program referred to in subparagraph (i),
(e) is employed in a position in the Public Service that, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in the prescribed manner to be a position in which is employed a person
(i) who has executive duties and responsibilities in relation to the development and administration of government programs,
(ii) whose duties include those of a personnel administrator or who has duties that cause the person to be directly involved in the process of collective bargaining on behalf of the employer,
(iii) who is required by reason of the person’s duties and responsibilities to deal formally on behalf of the employer with a grievance,
(iv) who works in confidence with any person described in paragraph (b), (c) or (d) or subparagraph (i), (ii) or (iii), or
(v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who in the opinion of the Board should not be included in a bargaining unit by reason of the person’s duties and responsibilities to the employer, or
(f) is employed in the Public Service and who, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board to be a person described in subparagraph (e)(i), (ii), (iii), (iv) or (v);
“prescribed” means prescribed by regulation of the Board;(prescrit)
“process for resolution of a dispute” means a process for the resolution of a dispute specified in this Act or prescribed by the Board;(méthode de règlement des différends)
“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule;(services publics)
“remuneration” includes a per diem or other allowance for the performance of the duties of a position or office;(rémunération)
“separate employer” means any portion of the public service of the Province specified from time to time in Part IV of the First Schedule;(employeur distinct)
“strike” includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.(grève)
“Vice-Chairman” Repealed: 1994, c.52, s.5
1968, c.88, s.1; 1979, c.41, s.102; 1981, c.6, s.1; 1982, c.3, s.60; 1983, c.30, s.28; 1984, c.C-5.1, s.53; 1984, c.44, s.17; 1986, c.8, s.107; 1990, c.30, s.1; 1991, c.53, s.1; 1992, c.2, s.51; 1992, c.48, s.1; 1992, c.88, s.1; 1993, c.39, s.1; 1994, c.52, s.5; 1996, c.68, s.1; 1998, c.41, s.98; 2000, c.26, s.254; 2006, c.16, s.150