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1The enacting clause of New Brunswick Regulation 84-130 under the Public Service Labour Relations Act is repealed and the following is substituted:

Under section 18 of the Public Service Labour Relations Act, the Board makes the following Regulation:

2Section 1 of the Regulation is repealed and the following is substituted:

1This Regulation may be cited as the Labour and Employment Board Regulation - Public Service Labour Relations Act.

3Subsection 2(1) of the Regulation is amended by repealing the definition “Act” and substituting the following:

“Act” means the Public Service Labour Relations Act;(Loi)

4Section 7 of the Regulation is repealed and the following is substituted:

7If the Board wishes to summon and enforce the attendance of a witness under section 21 of the Act, it shall serve the witness with a summons.

5Section 12 of the Regulation is amended by striking out “at 200 Prospect Street, P.O. Box 146, Fredericton, New Brunswick, E3B 4Y2,”.

6Section 18 of the Regulation is repealed and the following is substituted:

18After the receipt of an application, the Secretary shall serve the employer with the following documents without delay:

(a) a copy of the application;

(b) a notice to the employer setting out the employer’s duties under sections 19 and 21; and

(c) if the Board directs the employer to post notices under subsection 19(1), a sufficient number of notices for posting.

7Subsection 19(1) of the Regulation is repealed and the following is substituted:

19(1)If the Board considers it advisable, it may direct the employer to post notices, immediately on their receipt, setting out the employees’ rights and duties under section 24 in places where those notices are most likely to come to the attention of the employees who may be affected by the application and to keep the notices posted for ten days.

8Section 21 of the Regulation is repealed and the following is substituted:

21The Secretary shall serve a copy of the application and a notice of setting out the employee organization’s rights and duties under section 22 on any employee organization known to the Secretary as claiming to represent any employees who may be affected by the application.

9Section 27 of the Regulation is repealed and the following is substituted:

27At any time after the expiration of the time limits for the filing of any document in accordance with this Part, the Secretary shall serve a notice of hearing on each of the parties and on every person who has filed a document in the proceeding.

10Section 33 of the Regulation is repealed and the following is substituted:

33(1)After the receipt of an application, the Secretary shall serve the bargaining agent and the employer, if the application is made by a person other than the employer, with the following documents without delay:

(a) a copy of the application;

(b) a notice to the employer setting out the employer’s duties under subsection (2) and section 34; and

(c) if the Board directs the employer to post notices under subsection (2), a sufficient number of notices for posting.

33(2)If the Board considers it advisable, it may direct the employer to post notices, immediately on their receipt, setting out the employees’ rights and duties under section 24 in places where those notices are most likely to come to the attention of the employees who may be affected by the application and to keep the notices posted for ten days.

33(3)If the Board considers it advisable, it may require the employer, in addition to posting the notices referred to in subsection (2) or in lieu of posting the notices, to bring the application to the attention of the employees concerned in any other manner that the Board directs.

11Section 38 of the Regulation is amended by striking out “in Form R-13 of Schedule A”.

12Section 42 of the Regulation is repealed and the following is substituted:

42(1)The Secretary shall serve a copy of the application and a notice setting out the employer’s duties under subsection (2) and section 43 on

(a) the respondent,

(b) the employee organization named in the application as the predecessor employee organization, and

(c) the employer, if the respondent named in the application is a person other than the employer.

42(2)If the Board directs the employer to post notices under subsection (3), the Secretary shall provide the employer with a sufficient number of notices for posting.

42(3)If the Board considers it advisable, it may direct the employer to post notices, immediately on their receipt, setting out the employees’ rights and duties under sections 44 and 45 in places where those notices are most likely to come to the attention of the employees who may be affected by the application and to keep the notices posted for ten days.

13Section 47 of the Regulation is amended by striking out “in Form S-5 of Schedule C”.

14Section 76 of the Regulation is repealed and the following is substituted:

76The Secretary shall serve each respondent with a copy of the complaint and a notice setting out a respondent’s duties under section 77.

15Subsection 78(2) of the Regulation is amended by striking out “in Form C-4 of Schedule C”.

16Section 83 of the Regulation is repealed and the following is substituted:

83When an application is filed, the Secretary shall serve the party whom the applicant desires to prosecute with a copy of the application, a notice of the application and any further particulars furnished by the applicant that the Secretary considers advisable.

17Section 84 of the Regulation is amended by striking out “in Form P-3 of Schedule C”.

18 Paragraph 86(2)(b) of the Regulation is amended by striking out “in Form E-1 of Schedule E”.

19Section 87 of the Regulation is amended

(a) in subsection (2) by striking out “and a notice of the application in Form E-3 of Schedule E” and substituting “and a notice setting out the other party’s duties under subsection (3)”;

(b) in paragraph (4)(b) by striking out “in Form E-1 of Schedule E”.

20Schedule A of the Regulation is amended

(a) by repealing the index and substituting the following:

Application for Certification.............. R-1A

Reply by Employer to Application for

Certification ..............R-4A

Intervention.............. R-6

Application for Certification by

Intervener.............. R-7A

Application for Revocation of Certification.............. R-9

Reply to Application for Revocation of

Certification.............. R-12

(b) in Form R-1A by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(c) by repealing Form R-2;

(d) by repealing Form R-3;

(e) in Form R-4A by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(f) by repealing Form R-5;

(g) in Form R-6

(i) by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(ii) in the note by striking out “Rules of Procedure of the Public Service Labour Relations Board - Public Service Labour Relations Act” and substituting “Labour and Employment Board Regulation - Public Service Labour Relations Act”;

(h) in Form R-7A by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(i) by repealing Form R-8;

(j) in Form R-9 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(k) by repealing Form R-10;

(l) by repealing Form R-11;

(m) in Form R-12 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(n) by repealing Form R-13;

(o) by repealing Form R-14.

21Schedule C of the Regulation is amended

(a) by repealing the index and substituting the following:

Complaint under section 19 of the Act.............. C-1

Reply to Complaint under section 19

of the Act.............. C-3

Application for Consent to Prosecute.............. P-1

Application for Declaration

Concerning Status of Successor

Employee Organization.............. S-1

Reply to Application for Declaration

Concerning Status of Successor

Employee Organization.............. S-3

Designation of a Position of a Person

Employed in a Managerial or

Confidential Capacity.............. MC-1

(b) in Form C-1 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(c) by repealing Form C-2;

(d) in Form C-3 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(e) by repealing Form C-4;

(f) in Form P-1 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(g) by repealing Form P-2;

(h) by repealing Form P-3;

(i) in Form S-1 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and “Public Service Labour Relations Board” and substituting “LABOUR AND EMPLOYMENT BOARD” and “Labour and Employment Board” respectively;

(j) by repealing Form S-2;

(k) in Form S-3 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(l) by repealing Form S-4;

(m) by repealing Form S-5;

(n) in Form MC-1 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”.

22Schedule D of the Regulation is amended in Form V-1 by striking out “Public Service Labour Relations Board” and substituting “Labour and Employment Board”.

23Schedule E of the Regulation is amended

(a) by repealing the index and substituting the following:

Application under subsection 43.1(8) of the Act to Amend an Order or a Determination.............. E-2

Reply to Application under subsection 43.1(8) of the Act to Amend an Order or a Determination.............. E-4

(b) by repealing Form E-1;

(c) in Form E-2 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”;

(d) by repealing Form E-3;

(e) in Form E-4 by striking out “PUBLIC SERVICE LABOUR RELATIONS BOARD” and substituting “LABOUR AND EMPLOYMENT BOARD”.

24The French version of the Regulation is amended in the following provisions by striking out “loi” and substituting “Loi”:

(a) section 3;

(b) section 7;

(c) subsection 29(1);

(d) subsection 29.1(1);

(e) subsection 36(1);

(f) subsection 40(1);

(g) subsection 40(3);

(h) section 48.1;

(i) subsection 50(1);

(j) subsection 52(4);

(k) subsection 58(1);

(l) section 75;

(m) subsection 86(1), wherever it occurs;

(n) subsection 87(1);

(o) subsection 87(2);

(p) subsection 87(5);

(q) section 88;

(r) subsection 89(2);

(s) section 91, in the definition « vote »;

(t) section 92;

(u) section 101;

(v) Schedule A

(i) in Form R-1A

(A) in the portion entitled « REMARQUES »;

(B) in the portion following the declaration;

(ii) in Form R-7A

(A) in the portion entitled « REMARQUE »;

(B) in the portion following the declaration;

(iii) in Form R-9

(A) in section 6;

(B) in section 7;

(C) in the portion entitled « REMARQUE » following the declaration;

(w) Schedule B, in the index wherever it occurs;

(x) Schedule C

(i) in Form C-1, in paragraph 2d);

(ii) in Form P-1, in the portion following the declaration;

(iii) in Form MC-1, in the first portion of section 1;

(y) Schedule D, in the index;

(z) Schedule E, in Form E-1

(i) in paragraph a);

(ii) in paragraph b).

2014-118 - Public Service Labour Relations Act

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