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Chapter	Title
82-92	Rules of Procedure of the Labour and Employment Board
82-100	General
82-110	The Court of King’s Bench of New Brunswick Forms
86-171	Awards of Arbitrators and Arbitration Boards
90-51	Major Projects

Definitions, interpretation and application

“accredited employers’ organization” means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers;(organisation d’employeurs agréee)

“bargaining agent” means a trade union or council of trade unions that acts on behalf of employees(agent négociateur)

(a) in collective bargaining, or

(b) as a party to a collective agreement with their employer;

“Board” means the Labour and Employment Board established under the Labour and Employment Board Act;(Commission)

“certified bargaining agent” means a bargaining agent that is certified under this Act as bargaining agent;(agent négociateur accrédité)

“certified council of trade unions” means a council of trade unions that is certified under this Act as a bargaining agent;(conseil syndical accrédité)

“Chief Executive Officer” means the chief executive officer appointed under the Labour and Employment Board Act;(chef administratif)

“collective agreement” means an agreement in writing between an employer or an employers’ organization, on the one hand, and a trade union or a council of trade unions that represents employees of the employer or employees of members of the employers’ organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(convention collective)

“collective bargaining” means negotiating in good faith with a view to the conclusion of a collective agreement or the renewal or revision thereof, as the case may be; and “bargaining collectively” and “bargain collectively” have corresponding meanings;(négociations collectives)

“conciliation board” means a board of conciliation appointed or constituted under this Act;(commission de conciliation)

“conciliation officer” , “mediator” or “mediation officer” means a conciliation officer, mediator or mediation officer appointed under this Act;(conciliateur), (médiateur) ou (agent de médiation)

“construction industry” means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site thereof;(industrie de la construction)

“council of trade unions” includes an allied council, a trades council, a joint board and any other association of trade unions;(conseil syndical)

“Court” means The Court of King’s Bench of New Brunswick and “judge”, when used in reference to the Provincial Court, means a Judge of the Provincial Court;(Cour)

“day” means a calendar day;(jour)

“Deputy Minister” means the Deputy Minister of Post-Secondary Education, Training and Labour;(sous-ministre)

“dispute” means any dispute or difference or apprehended dispute or difference between an employer or an employers’ organization and one or more of his or their employees or a bargaining agent, acting on behalf of his or their employees, as to any matter or thing affecting or relating to terms or conditions of employment or work done or to be done or the rights, privileges or duties of the employer, the employers’ organization, the bargaining agent, the employee or employees;(différend)

“employee” means a person employed to do skilled or unskilled manual, clerical, technical or professional work, but does not include(salarié)

(a) a manager or superintendent, or any other person who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour relations or who exercises management functions, or

(b) a person employed in domestic service in a private home;

“employer” means a person who employs one or more employees;(employeur)

“employers’ organization” means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes any organization of employers that has for its objects, or one of its objects, the regulation of relations between employers and employees and includes an accredited employers’ organization;(organisation d’employeurs)

“jurisdictional dispute” means a dispute between two or more trade unions or council of trade unions or between an employer and one or more trade unions or councils of trade unions over the assignment of work;(conflit de compétence)

“limit holder” means the holder of the right to cut timber or the owner of the land or the holder of a Crown timber license, a Crown timber sublicense or a Crown timber permit issued under the Crown Lands and Forests Act;(concessionnaire forestier)

“local government” means a local government as defined in subsection 1(1) of the Local Governance Act; (gouvernement local)

“lock-out” includes the closing of a place of employment, a suspension of work, a substantial alteration in the normal pattern of operation in a place of employment, or a refusal by an employer to continue to employ a number of his employees, done with a view to compel or induce his employees, or to aid another employer to compel or induce his employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers’ organization, the trade union, the council of trade unions or the employees;(lock-out)

“logging operation” , without restricting the generality thereof, includes the felling, cutting into logs, barking in the forest, cartage, piling, driving, loading and highway transportation of timber but does not include the processing thereof outside the forest;(exploitation forestière)

“member in good standing” , as applied to a member of a trade union, means a member thereof who is not excluded from membership in good standing under this Act;(membre en règle)

“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)

“parties” with reference to the appointment of, or proceedings before, a conciliation board means the parties who are engaged in the collective bargaining or the dispute in respect of which the conciliation board is or is not to be established; and with reference to a proceeding before the Board, means the trade union, council of trade unions, employer, employers’ organization, or person, that or who is an applicant or a respondent named in the proceeding or is deemed by the Board to be affected thereby;(parties)

“recognition agreement” means an agreement in writing, signed by the parties, between an employer or employers’ organization, on the one hand, and a trade union or council of trade unions, on the other, under which the trade union or council of trade unions is recognized as the exclusive bargaining agent of the employees in a bargaining unit defined in the recognition agreement;(convention de reconnaissance)

“regulations” means regulations of the Lieutenant-Governor in Council made under this Act;(règlements)

“rules” , when in reference to the Board, means rules of the Board made under this Act and approved by the Lieutenant-Governor in Council;(règles)

“strike” includes a cessation of work, 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 slow-down or other concerted activity on the part of employees designed to restrict or limit output, but no act or thing required by the provisions of a collective agreement for the safety or health of employees shall be deemed to be an activity intended to restrict or limit output; “to strike” has a corresponding meaning;(grève)

“trade union” includes any organization of employees formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership and includes a provincial, national, or international trade union and a certified council of trade unions but does not include an employer dominated organization;(syndicat)

“unit” or “bargaining unit” means a group of employees and “appropriate for collective bargaining”, with reference to a unit, means a unit that is appropriate for such purposes whether it is an employer unit, craft unit, technical unit, professional unit, plant unit, or any other unit and whether or not the employees therein are employed by one or more employers.(unité) ou (unité de négociation)

1(2)For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of his ceasing to work for his employer as the result of a lock-out or a lawful strike or by reason only of his being dismissed by his employer contrary to this Act or to a collective agreement.

1(3)For the purposes of this Act, if a local government is empowered to prescribe any term or condition of employment for police officers in a local government, the local government shall be deemed to be an employer in relation to the police officers, and the police officers shall be deemed to be employees in relation to the local government, except for police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.

1(3.1)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to an agreement authorized by section 17.1 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a region, as defined in that Act, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.

1(3.11)Notwithstanding subsection (3), for the purposes of this Act, where a board of police commissioners established pursuant to section 7 of the Police Act is empowered to prescribe any term or condition of employment for police officers in a local government, the board of police commissioners shall be deemed to be an employer in relation to the police officers and the police officers shall be deemed to be employees in relation to the board of police commissioners, excepting police officers who, in the opinion of the Board, exercise management functions or are employed in a confidential capacity in matters relating to labour relations.

1(3.12)Repealed: 2000, c.38, s.21

1(4)For the purposes of this Act, the limit holder shall be deemed to be the employer of all the employees engaged in logging operations on or with respect to the land for which he is the limit holder except that, where the limit holder files with the Board a list in a prescribed form of bona fide contractors engaged in such logging operations, the list shall be prima facie evidence that the persons named therein are the employers of the employees or respective employees under this Act.

1(5)For the purposes of this Act,

(a) a unit, where an employee is employed in agriculture, shall comprise five or more employees;

(b) a unit, consisting solely of members of the medical, or dental, or dietetic, or architectural, or engineering or legal profession qualified to practise under the laws of the Province and employed in that capacity, shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include such members in a bargaining unit with other employees if the Board is satisfied that a majority of such members wish to be included in such bargaining unit.

1(6)For the purposes of this Act, if the time limited for any proceeding or the doing of anything under its provisions expires or falls upon a holiday or Sunday the time so limited shall extend to, and such thing may be done on the day next following which is not a holiday or Sunday.

1(7)In this Act, words importing the masculine gender include corporations, trade unions, council of trade unions and employers’ organizations, as well as females, and the singular includes the plural; and where in this Act a reference is made to a section and is followed by the word “to” and an immediate reference to a subsequent section, the reference made to such sections is inclusive of the sections so mentioned.

1(8)This Act does not apply to the Crown in Right of the Province of New Brunswick or to any person subject to the provisions of the Public Service Labour Relations Act.

1(8.1)Subsection (8) does not apply where the Minister of Public Safety is a party to an agreement authorized by section 17.1 of the Police Act.

1971, c.9, s.2; 1979, c.41, s.65; 1981, c.59, s.30; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.4, s.32; 1986, c.8, s.59; 1987, c.6, s.43; 1988, c.11, s.18; 1988, c.64, s.1; 1992, c.2, s.28; 1994, c.52, s.2; 1997, c.55, s.12; 1997, c.60, s.17; 1998, c.41, s.66; 2000, c.26, s.163; 2000, c.38, s.21; 2005, c.7, s.35; 2006, c.16, s.89; 2007, c.10, s.50; 2016, c.37, s.86; 2017, c.20, s.82; 2017, c.63, s.29; 2019, c.2, s.72; 2020, c.25, s.61; 2022, c.28, s.28; 2023, c.17, s.110

FREEDOM AND RIGHTS

Trade union and employers' organization

2(1)Every employee has the right to be a member of a trade union and to participate in the lawful activities thereof.

2(2)Every employer has the right to be a member of an employers’ organization and to participate in the lawful activities thereof.

2(3)A trade union and the acts thereof shall not be deemed to be unlawful under subsection (1) by reason only that one or more of its objects are in restraint of trade.

1971, c.9, s.3

Employer and employee rights

3(1)No employer or employers’ organization, and no person acting on behalf of an employer or employers’ organization, shall participate in or interfere with the formation, selection or administration of a trade union or council of trade unions or the representation of employees by a trade union or council of trade unions or contribute financial or other support to it, but, notwithstanding anything in this section, an employer may

(a) make to a trade union donations to be used solely for the welfare of the members of the trade union and their dependents,

(b) permit an employee or representative of a trade union or council of trade unions to confer with him during working hours, or to attend to the business of a trade union or council of trade unions during working hours, without deduction of time so occupied in the computation of time worked for the employer and without deduction of wages in respect of the time so occupied,

(c) provide free transportation to representatives of a trade union or a council of trade unions for purposes of collective bargaining, the settlement of grievances, or an arbitration, and

(d) permit a trade union or council of trade unions to use the employer’s premises for the purposes of the trade union or council of trade unions.

3(2)No employer or employers’ organization, and no person acting on behalf of an employer or an employers’ organization, shall

(a) refuse to employ or to continue to employ any person, or discriminate against any person in regard to employment or any term or condition of employment, because the person is a member or officer of a trade union or council of trade unions,

(b) impose any condition in a written or verbal contract of employment seeking to restrain an employee or a person seeking employment from exercising his rights under this Act, or

(c) discharge an employee for the reason that

(i) the employee is or proposes to become, or seeks to induce any other person to become, a member or officer of a trade union or council of trade unions, or

(ii) the employee participates in the promotion, formation, or administration of a trade union or council of trade unions.

3(3)No employer or organization, and no person acting on behalf of an employer or an employers’ organization, shall seek by intimidation, by dismissal, by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by a promise, or by a wage increase, or by altering any other term or condition of employment, or by any other means, to compel or to induce an employee to refrain from becoming, or to cease to be, a member or officer or representative of a trade union or council of trade unions, or to deprive an employee of his rights under this Act, and no other person shall seek by intimidation or coercion to compel or induce an employee to become or refrain from becoming or to cease to be a member or officer of a trade union or council of trade unions or to deprive an employee of his rights under this Act.

3(4)No employer or employers’ organization, and no person acting on behalf of an employer or employers’ organization, shall

(a) refuse to employ or continue to employ a person,

(b) threaten dismissal or otherwise threaten a person,

(c) discriminate against a person in regard to employment or a term or condition of employment, or

(d) intimidate or coerce or impose a pecuniary or other penalty on a person,

because of a belief that he may testify in a proceeding under this Act or because he has made or is about to make a disclosure that may be required of him in a proceeding under this Act or because he has made an application or filed a complaint under this Act or because he has participated or is about to participate in a proceeding under this Act.

3(5)Nothing in this Act shall be deemed to deprive an employer or an employers’ organization, or a person acting on behalf of an employer or employers’ organization, of freedom to express his or its views so long as he or it does not exercise that freedom in a manner that is coercive, intimidating, threatening or intended to unduly influence any person.

3(6)Except as expressly provided, nothing in this Act shall be interpreted to affect the right of an employer or an employers’ organization to suspend, transfer, lay off or discharge an employee for proper cause.

3(7)Where an application for certification has been made and notwithstanding the definition “employee”, a person described in paragraph (a) of the definition “employee” is an employee for the purposes of subsections (2), (3) and (4) where he has, prior to being found by the Board to be excluded from the bargaining unit by virtue of paragraph (a) of the definition “employee”, engaged in any of the activities described in subsections (2), (3) and (4).

1971, c.9, s.4; 1982, c.31, s.1; 1985, c.51, s.1

Trade union activity

4(1)Except with the consent of the employer, no trade union or council of trade unions, and no person acting on behalf of a trade union or council of trade unions, shall attempt, at an employer’s place of employment during the working hours of an employee of the employer, to persuade the employee to become or refrain from becoming or to cease to be a member or officer of a trade union or council of trade unions.

4(2)Subject to subsection (1), where an employee resides on land owned by or under the control of his employer or a person who owns or has an interest in the land on which the operation in which he is employed is conducted, the person owning or having control of the land shall not prohibit, prevent or interfere with the visiting of the employee by any representative of a trade union or council of trade unions to whom the Board has issued a permit under this section, in accordance with the terms of the permit, for any purpose relating to the formation, organization, selection or administration of a trade union or council of trade unions or soliciting membership in a trade union.

4(3)On application therefor, the Board may issue, for the purposes of subsection (2), a permit, subject to such terms as the Board deems advisable, to a representative of a trade union or council of trade unions to visit employees.

4(4)A representative of a trade union or council of trade unions who visits an employee in the circumstances described in subsection (2) is not, by reason solely of that visit, a trespasser on the land on which the visit is made.

1971, c.9, s.5; 1987, c.6, s.43

Interference, intimidation, discrimination

5(1)No trade union or council of trade unions, and no person acting on behalf of a trade union or council of trade unions, shall

(a) participate in, or interfere with, the formation, selection or administration of an employers’ organization or the representation of an employer by an employers’ organization or contribute financial or other support to an employers’ organization, or

(b) impose any condition in a collective agreement or recognition agreement seeking to restrain or deprive an employer from exercising his rights under this Act to become or to refrain from becoming or to cease to be a member of an employers’ organization.

5(2)No trade union or council of trade unions, and no person acting on behalf of a trade union or council of trade unions, shall seek by intimidation, by coercion, by the threat of dismissal or loss of employment, by the imposition of a pecuniary or other penalty, by undue influence, or by any other means, to compel or to induce an employee or other person to become or to refrain from becoming, or to cease to be, a member or officer of a trade union or council of trade unions, or to deprive an employee or other person of his rights under this Act.

5(3)No trade union or council of trade unions, and no person acting on behalf of a trade union or council of trade unions, shall

(a) discriminate against a person in regard to employment or a term or condition of employment, or

(b) intimidate or coerce or impose a pecuniary or other penalty on a person,

because of a belief that he may testify in a proceeding under this Act or because he has made or is about to make a disclosure that may be required of him in a proceeding under this Act or because he has made an application or filed a complaint under this Act or because he has participated or is about to participate in a proceeding under this Act.

5(4)Nothing in this section or in this Act shall be deemed to deprive a trade union, or a council of trade unions, or a person acting on behalf of a trade union or council of trade unions, of freedom to express its or his views so long as it or he does not exercise that freedom in a manner that is coercive, intimidating, threatening or intended to unduly influence any person.

1971, c.9, s.6; 1985, c.51, s.2

Freedom from coercion, voting rights, offences re collective agreement

6(1)No employer, employers’ organization, trade union, council of trade unions, or other person shall use coercion or intimidation of any kind with a view to encouraging or discouraging membership in, or activity in or for, an employers’ organization.

6(2)No trade union, council of trade unions, employer, employers’ organization, or other person shall use coercion or intimidation of any kind with a view to encouraging or discouraging membership in, or activity in or for, a trade union or council of trade unions.

6(3)No employer, employers’ organization, trade union, council of trade unions, or other person shall seek to influence the manner in which an employee may vote, in any vote taken under this Act, by intimidation or coercion or by giving, or offering to give, money or any other valuable consideration.

6(4)No employers’ organization, trade union, council of trade unions, or other person shall seek to influence the manner in which an employer may vote, in any vote taken under this Act, by intimidation or coercion.

6(5)No employer or employers’ organization, and no person acting on behalf of an employer or employers’ organization, shall, so long as a trade union or council of trade unions continues to be entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with any person or another trade union or council of trade unions on behalf of, or designed or intended to be binding upon, the employees in the bargaining unit or any of them, and, if entered into, any such agreement is void.

6(6)No trade union or council of trade unions, and no person acting on behalf of a trade union or council of trade unions, shall, so long as another trade or council of trade unions continues to be entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with an employer or employers’ organization on behalf of, or designed or intended to be binding upon, the employees in the bargaining unit or any of them, and, if entered into, any such agreement is void.

1971, c.9, s.7

Right not to participate in strike or lock-out

7(1)No employers’ organization, and no person acting on behalf of the employers’ organization, shall expel or suspend or impose a pecuniary or other penalty on a member of the employers’ organization for the reason that the member refused to participate in or to continue to participate in a lock-out contrary to the provisions of this Act.

7(2)No trade union, and no person acting on behalf of the trade union, shall expel or suspend or impose a pecuniary or other penalty on a member of the trade union for the reason that the member refused to participate in or to continue to participate in a strike contrary to the provisions of this Act.

7(3)No council of trade unions, and no person acting on behalf of the council or of a trade union, shall expel or suspend or impose a pecuniary or other penalty on a member or affiliate of the council for the reason that the member or affiliate refused to participate in or to continue to participate in a strike contrary to the provisions of this Act.

1971, c.9, s.8

Provisions in collective agreement, discharge or discrmination against an employee

8(1)Notwithstanding anything in this Act, the parties to a collective agreement may include in the agreement provisions for requiring, as a condition of employment, membership in the trade union that is a party to or is bound by the agreement, granting a preference of employment to members of the trade unions, or requiring the payment of dues or contributions to the trade union.

8(2)Where a person is required by the terms of a collective agreement to be a member of a specified trade union, his membership or application for membership shall not be affected by any terms or conditions not applicable to other members.

8(3)No trade union that is party to or bound by a collective agreement, containing a provision mentioned in subsection (1), shall require the employer to discharge an employee where such employee has been expelled or suspended from membership, or denied membership in the trade union where

(a) the reason for expulsion, suspension or denial of membership is that the employee was or is a member of another trade union, or has engaged in activity against the trade union or on behalf of another trade union, or

(b) the employee has been discriminated against by the trade union in the application of its membership rules in circumstances where the employee is qualified to engage in the trade or work and is otherwise eligible for membership.

8(4)Subsection (3) does not apply to an employee who has engaged in unlawful activity against the trade union mentioned in subsection (1) or an officer or representative thereof, or whose activity against the trade union or on behalf of another trade union has been instigated or procured by the employer or a person acting on behalf of the employer, or whose employer or a person acting on behalf of the employer has participated in such activity or contributed financial or other support to the employee in respect of such activity.

8(5)A trade union or council of trade unions and the employer of the employees concerned shall not enter into a collective agreement that includes provisions requiring, as a condition of employment, membership in the trade union that is a party to or is bound by the agreement unless the trade union has established at the time it entered into or became bound by the agreement that not less than fifty-five per cent of the employees in the bargaining unit were members of such trade union, and any such provision entered into contrary to this subsection is void.

8(6)Subsection (5) does not apply

(a) where the trade union has been certified as the bargaining agent of the employees of the employer in the bargaining unit,

(b) where the trade union has been a party to or bound by a collective agreement with the employer for at least one year,

(c) where the employer becomes a member of an employers’ organization that has entered into a collective agreement with the trade union or council of trade unions containing such a provision and agrees with the trade union or council of trade unions to be bound by such agreement, or

(d) where the employer and his employees in the bargaining unit are engaged in the construction industry.

8(7)Notwithstanding anything in this Act, where the parties to a collective agreement have included in it any of the provisions permitted by subsection (1), any of such provisions may be continued in effect during the period when the parties are bargaining with a view to the renewal or revision of the agreement or to the making of a new agreement.

8(8)Notwithstanding anything in this Act, where the parties to a collective agreement have included in it any of the provisions permitted by subsection (1) and the employer who was a party to or was bound by the agreement sells his business within the meaning of section 60, any of such provisions, as were included in the collective agreement, may be continued in effect during the period when the person to whom the business was sold and the trade union or council of trade unions, that is the bargaining agent for his employees in the appropriate bargaining unit by reason of the sale, bargain with a view to the making of a new agreement.

8(9)Nothing in subsection (7) or (8) affects the application of section 35.

8(10)No employer, and no person acting on behalf of an employer, shall discharge or otherwise discriminate against an employee within the meaning of this section when he has reasonable grounds for believing that membership was not available to the employee on the same terms and conditions generally applicable to other members or when he has reasonable grounds for believing that membership, subject to subsection (4), was denied, suspended or terminated for a reason specified in subsection (3).

8(11)Where a dispute arises as a result of a provision in a collective agreement permitted by subsection (1), the employer’s obligation to discharge an employee is arbitrable under the terms of that collective agreement.

1971, c.9, s.9; 1985, c.51, s.3; 1987, c.6, s.43

Union dues

9(1)Every employer shall honour a written authorization for the deduction of wages for union dues to a trade union certified under this Act or recognized by the employer in a recognition agreement.

9(2)An authorization pursuant to subsection (1) shall be substantially in the following form:

To (name of Employer)

I hereby authorize you to deduct from my wages and pay to (name of trade union) my regular dues . . . . . . . . (in the amount of $. . . . . . . . or in the per cent of . . . . . . . . per cent or as assessed) per . . . . . . . .

9(3)Unless an authorization under subsection (1) is revoked in writing pursuant to subsection (4), the employer shall remit the dues deducted to the trade union named in the authorization at least once each month together with a written statement of the names of the employees for whom the deductions were made and the amount of each deduction.

9(4)An authorization under subsection (1) shall continue in effect for a minimum period of three consecutive months and thereafter the employee may revoke the authorization by delivering or sending to the employer a revocation in writing

(a) at any time when there is no collective agreement in operation, or

(b) when there is a collective agreement in operation, within the period of two months prior to the expiry date of the collective agreement.

9(5)When an authorization is revoked pursuant to subsection (4), the employer shall give notice thereof to the trade union.

9(6)Notwithstanding anything in this section, there shall be no financial responsibility on the part of an employer for the dues of an employee unless there are sufficient unpaid wages of that employee in the employer’s hands.

1971, c.9, s.10

ESTABLISHMENT OF
BARGAINING RIGHTS

Certification of bargaining agent

10(1)A trade union claiming to have as members in good standing a majority of employees of one or more employers in a unit that is appropriate for collective bargaining may, subject to the rules of the Board, make application to the Board to be certified as bargaining agent of the employees in the unit.

10(2)Where no collective agreement is in force and no bargaining agent has been certified under this Act for the unit, an application may, subject to section 11, be made at any time for certification as bargaining agent of the employees in the unit.

10(3)Where no collective agreement is in force but a bargaining agent has been certified under this Act for the unit and where no declaration has been made by the Board that the trade union no longer represents the employees in the bargaining unit, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit determined in the certificate only after the expiry of twelve months from the date of the certificate, or only after the expiry of twelve months from the date of the termination of a collective agreement when section 21 applies.

10(4)Where no collective agreement is in force and where an employer and a trade union have entered into a recognition agreement and where the Board has not made a declaration under section 29, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the recognition agreement only after the expiry of twelve months from the date that the recognition agreement was entered into.

10(5)Where a collective agreement for a term of not more than three years is in force, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last two months of its operation.

10(6)Where a collective agreement for a term of more than three years is in force, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the thirty-fifth month of its operation and before the commencement of the thirty-seventh month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation.

10(7)Where a collective agreement referred to in subsection (5) or (6) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal or revision of the agreement or to the making of a new agreement, another trade union may, subject to section 11, apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate or after the commencement of the last two months of its operation.

10(8)Where the Board is of the opinion that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application under subsection (1) at a time other than as authorized in subsection (5), (6) or (7), and that it is not reasonable in the circumstances that the employees or the employer, as the case may be, should suffer that damage or loss, an application under this section may be made at any time.

1971, c.9, s.11

Application for certification as bargaining agent

11(1)Subject to subsection (3), where a trade union has not made a collective agreement within one year after its certification or within one year after the date of the termination of a collective agreement when section 21 applies, and the Minister has appointed a conciliation officer or appointed a mediator under section 70, no application for certification of a bargaining agent of the employees in the bargaining unit determined in the certificate shall be made until

(a) thirty days have elapsed after the Minister has released to the parties the report of a conciliation board,

(b) thirty days have elapsed after the Minister has released to the parties a notice that he does not deem it advisable to appoint a conciliation board, or

(c) six months have elapsed after the Minister has released to the parties a notice of a report of the conciliation officer or the mediator that the differences between the parties concerning the terms of a collective agreement have been settled,

as the case may be.

11(2)Where notice has been given under section 33 with a view to the renewal or revision of a collective agreement then in operation or to the making of a new agreement and the Minister has appointed a conciliation officer or appointed a mediator under section 70, no application for certification of a bargaining agent of any of the employees in the bargaining unit as defined in the collective agreement shall be made after the date when the agreement ceased to operate or the date when the Minister appointed the conciliation officer or the mediator, whichever is later, unless, following the appointment of the conciliation officer or the mediator, if no collective agreement has been made,

(a) at least twelve months have elapsed from the date of the appointment of the conciliation officer or the mediator,

(b) a conciliation board has been appointed and thirty days have elapsed after the report of the conciliation board has been released by the Minister to the parties, or

(c) thirty days have elapsed after the Minister has informed the parties that he does not deem it desirable to appoint a conciliation board,

whichever is later.

11(3)Where a trade union has given notice under section 32 with a view to the making of a collective agreement and the employees in the bargaining unit on whose behalf the trade union was certified as bargaining agent thereafter engage in a lawful strike or the employer lawfully locks-out such employees, no application for certification of a bargaining agent of any of the employees in the bargaining unit determined in the certificate shall be made

(a) until six months have elapsed after the strike or lock-out commenced, or

(b) until seven months have elapsed after the Minister has released to the parties the report of the conciliation board or a notice that the Minister does not deem it advisable to appoint a conciliation board,

whichever occurs first.

11(4)Subsections (1) and (3) apply mutatis mutandis to an application made under subsection 10(4).

1971, c.9, s.12

Joint applications for certification

12Two or more trade unions, claiming to have as members in good standing of the unions a majority of employees in a unit that is appropriate for collective bargaining, may join in an application under section 10 and the provisions of this Act relating to an application by one union and all matters or things arising therefrom shall apply in respect of the application and the unions as if it were an application by one trade union.

1971, c.9, s.13

Appropriate units

13(1)Upon an application for certification as bargaining agent for employees in a unit, the Board shall determine whether the unit in respect of which the application is made is appropriate for collective bargaining and the Board may before certification, if it deems it appropriate to do so, include additional employees in, or exclude employees from, the unit, and the Board may, before determining the unit, take such steps as it deems appropriate for the purpose of ascertaining the wishes of the employees as to the appropriateness of the unit.

13(2)Upon an application for certification within subsection (1), any group of employees, who exercise technical skills or who are members of a craft by reason of which they are distinguishable from the other employees and commonly bargain separately and apart from other employees through a trade union that according to established trade union practice pertains to such skills or craft, shall be deemed by the Board to be a unit appropriate for collective bargaining if the application is made by a trade union pertaining to such skills or craft, and the Board may include in such unit persons who according to established trade union practice are commonly associated in their work and bargaining with such group; but the Board is not required to apply this subsection where the group of employees is included in a bargaining unit represented by another bargaining agent at the time the application is made, or where the group of employees is exercising a combination of technical skills or is required to perform the skills in whole or in part of more than one craft as part of a work crew or team, the other members of which are also required to perform in similar fashion.

13(3)Where the Board has certified a trade union as the bargaining agent for a unit of employees that comprises members of a fire department and other employees and where that bargaining agent makes an application to the Board for a separate certification for a unit of employees comprising only those members of a fire department, the members of the fire department shall be deemed to be a unit appropriate for collective bargaining.

1971, c.9, s.14; 1985, c.51, s.4

Representation vote

14(1)When, pursuant to an application for certification under this Act by a trade union, the Board has determined that a unit of employees is appropriate for collective bargaining, the Board shall ascertain the number of employees in the bargaining unit at the date the application was made and the number of employees in the unit who were members of the trade union at such time as is determined under paragraph 126(2)(e).

14(2)If the Board is satisfied that not less than forty per cent and not more than sixty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board may direct that a representation vote be taken.

14(3)If, on the taking of a representation vote, more than fifty per cent of the ballots of all those eligible to vote are cast in favour of the trade union, and, in other cases, if the Board is satisfied that more than sixty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit.

14(4)In determining the number of eligible voters for the purpose of subsection (3), employees who are absent from work during voting hours and who do not cast their ballots shall not be counted as eligible.

14(5)If, on any application to which this section refers, the Board is satisfied that more than fifty per cent of the employees in the bargaining unit are members in good standing of the trade union, the Board may certify the trade union as bargaining agent without taking a representation vote.

1971, c.9, s.15

Pre-hearing representation vote

15(1)Upon an application for certification, the trade union may request that a pre-hearing representation vote be taken.

15(2)Upon a request made under subsection (1), the Board may determine a voting constituency and, if it appears to the Board on an examination of the records of the trade union and the records of the employer that not less than forty per cent of the employees in the voting constituency were members of the trade union at the time the application was made, the Board may direct that a representation vote be taken among the employees in the voting constituency.

15(3)The Board may direct that the ballot box containing the ballots cast in a representation vote taken under subsection (2) be sealed and that the ballots not be counted until the parties have been given full opportunity to present evidence and make representations.

15(4)Where a representation vote has been taken under subsection (2), the Board shall determine the unit of employees that is appropriate for collective bargaining and, if it is satisfied that not less than forty per cent of the employees in such bargaining unit were members of the trade union at the time the application was made, the representation vote taken under subsection (2) has the same effect as a representation vote taken under subsection 14(2).

1971, c.9, s.16

Determination of membership in trade union

16(1)Membership in good standing for the purposes of section 14 shall be determined in accordance with such rules as the Board may prescribe, subject to this section.

16(2)Where the Board is satisfied that a trade union has an established practice of admitting persons to membership without regard to the eligibility requirements of its charter, constitution or by-laws, the Board, in determining whether a person is a member of the trade union, shall not consider those eligibility requirements.

16(3)Where the Board is satisfied that an employee has made application in writing for membership in the trade union, the expression “member” or “member in good standing” shall include a person who has paid to the trade union on his own behalf an amount of at least one dollar in respect of initiation fees or monthly or other periodic dues of the union.

1971, c.9, s.17; 1982, c.31, s.2

Multiple employment by members of union

17Where an application for certification is made by a trade union claiming to have as members in good standing a majority of employees in a unit that is appropriate for collective bargaining, and the employees in the unit are employed by two or more employers, or by two or more employers who are members of an employers’ organization, the Board shall not certify the trade union as the bargaining agent of the employees in the unit unless

(a) all employers of the employees in the unit consent thereto, and

(b) the Board is satisfied that the trade union might be certified by it under this Act as the bargaining agent of the employees in the unit of each such employer if separate applications for such purpose were made by the trade union.

1971, c.9, s.18

Void certifications

18The Board shall not certify a trade union if, contrary to the provisions of this Act, any employer or any employers’ organization has participated in its formation, selection or administration or has contributed financial or other support to it, and, if entered into, a collective agreement between such trade union and such employer or employers’ organization is void.

1971, c.9, s.19

Certification of council of trade unions

19(1)Sections 10, 11, 13 to 18, 20, 38 and 40 apply mutatis mutandis to an application for certification by a council of trade unions, but, before the Board certifies such a council as bargaining agent for the employees of an employer in a bargaining unit, the Board shall satisfy itself that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

19(2)Where the Board is of opinion that appropriate authority has not been vested in the applicant, the Board may postpone disposition of the application to enable the constituent unions to vest such additional or other authority as the Board deems necessary.

19(3)For the purposes of sections 14 and 15, a person who is a member of any constituent trade union of a council shall be deemed by the Board to be a member of the council.

1971, c.9, s.20

Additional application for certification

20Where the Board is satisfied that a trade union is not entitled to be certified under this Act it shall reject the application, and may designate the length of time that must elapse before a new application will be considered from the same applicant.

1971, c.9, s.21

EFFECT OF CERTIFICATION

Effect of certification

21(1)Where a trade union is certified under this Act as the bargaining agent of the employees in a unit,

(a) the trade union shall immediately replace any other bargaining agent of employees in the unit and shall have exclusive authority to bargain collectively on behalf of employees in the unit and to bind them by a collective agreement until the certification of the trade union in respect of employees in the unit is revoked, and

(b) if another trade union had previously been certified as bargaining agent in respect of employees in the unit, the certification of that trade union shall cease to operate and shall be deemed to be revoked in respect of such employees.

21(2)Where a trade union is certified under this Act as the bargaining agent of the employees in a unit, if at the time of certification a collective agreement that is binding on or that was entered into on behalf of the employees is in force, the trade union shall be substituted as a party to the agreement in place of the bargaining agent that is a party to the agreement on behalf of the employees in the unit.

21(3)Where a trade union is substituted as a party to a collective agreement under this section, the collective agreement, in so far as it applies to the employees in the unit for which the trade union was certified, notwithstanding anything in the agreement or in this Act, may be terminated

(a) at any time by the mutual consent of the parties,

(b) when the agreement provides for a term of one year, at any time after the agreement has been in force for ten months, if written notice is given by the trade union,

(c) when the agreement provides for a term of more than one year and less than the term in paragraph (d) and the agreement has been in force for one year, at the end of the second year or at the end of the term, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement or before the end of the term,

(d) when the agreement provides for a term of three years or more, at the end of the second or subsequent year that the agreement has been in force or at the end of the term, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement or before the end of the term, or

(e) when the agreement provides for the continuation of the agreement from year to year, and the agreement has been in force for ten months, at the end of the first or subsequent year, if two months’ notice in writing is given by the trade union preceding the anniversary date of the agreement.

21(4)Where the Board is satisfied that consent should be given to the termination of a collective agreement under subsection (3) at a time other than as authorized, the Board may consent to earlier termination.

21(5)Where a trade union is substituted as a party to a collective agreement under this section and the collective agreement is terminated under this section, the trade union, may at any time serve written notice on the employer to commence collective bargaining and a notice given has the effect of a notice given under section 32.

21(6)Where, after the date a trade union or council of trade unions becomes entitled to apply for certification under subsections 10(5) to (7) or to apply for a declaration of termination of bargaining rights under subsection 23(2), a trade union or council of trade unions terminates a collective agreement by mutual consent under subsection (3), an application may be made under subsection 10(3) or under subsection 23(1) and, notwithstanding the condition expressed in section 10, 11, 23 or 30 with respect to an expiry date following the termination of an agreement under section 21, the condition shall not apply to the application.

1971, c.9, s.22

Application for amendment of certification

22(1)Where a trade union is certified under this Act, an application may be made to the Board at any time to amend the certification

(a) to change the name of the trade union or employer where the name of the trade union or employer has been changed,

(b) to include specific additional classifications of employees in the unit,

(c) to exclude specific classifications of employees from the unit, or

(d) to combine previous certification orders into one order.

22(2)Where two or more trade unions are certified under this Act an application may be made to the Board at any time for the merging of their certificates into one consolidated certificate.

22(3)Before disposing of an application under this section, the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary, or take or supervise the taking of such votes as it deems expedient to direct, and the Board may prescribe the nature of the evidence to be furnished to the Board.

22(4)In disposing of an application under this section, the Board shall declare which collective agreements, if any, shall continue in force and to what extent they shall continue in force and which collective agreements, if any, shall terminate.

1971, c.9, s.23

TERMINATION OF BARGAINING RIGHTS

Decertification – collective agreement

23(1)Where a trade union does not make a collective agreement with the employer within one year after its certification or within one year after the date of the termination of a collective agreement when section 21 applies, any of the employees in the bargaining unit determined in the certificate may, subject to section 30, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.

23(2)Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 30, apply to the Board for a declaration that the trade union or council of trade unions no longer represents the employees in the bargaining unit,

(a) when a collective agreement for a term of not more than three years is in force, only after the commencement of the last two months of its operation;

(b) when a collective agreement for a term of more than three years is in force, only after the commencement of the thirty-fifth month of its operation and before the commencement of the thirty-seventh month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation;

(c) when a collective agreement referred to in paragraph (a) or (b) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal or revision of the agreement or to the making of a new agreement, only during the last two months of each year that the agreement continues to operate, or after the commencement of the last two months of its operation.

23(3)Upon an application under subsection (1) or (2), the Board shall ascertain the number of employees in the bargaining unit at the date the application was made and, if satisfied that the application is supported by or has the voluntary support of not less than forty per cent of the employees in the bargaining unit at such time as is determined under paragraph 126(2)(e) the Board shall, by a representation vote, satisfy itself whether a majority of the employees desire that the right of the trade union or council of trade unions to bargain on their behalf be terminated.

23(4)Where, on the taking of the representation vote under subsection (3), more than fifty per cent of the ballots of all those eligible to vote are cast in opposition to the trade union or council of trade unions, the Board shall declare that the trade union or council of trade unions that was certified or that was or is a party to the collective agreement, as the case may be, no longer represents the employees in the bargaining unit.

23(5)In determining the number of eligible voters for the purpose of subsection (4), employees who are absent from work during voting hours and who do not cast their ballots shall not be counted as eligible.

23(6)An application under subsection (1) or (2) may be made by the employer and subsections (1) to (5) apply mutatis mutandis, if, in the application of subsection (3), the Board is satisfied that a substantial question exists as to whether the trade union or council of trade unions is supported by or has the voluntary support of the majority of the employees in the unit.

23(7)An application under subsection (1) or (2) may be made by another trade union or council of trade unions representing any of the employees in the bargaining unit described in the certification or in the collective agreement and subsections (1) to (5) apply mutatis mutandis.

23(8)Where the Board is of the opinion that the employees in a unit or their employer, or both, would suffer substantial and irremediable damage or loss if it did not entertain an application made by or on behalf of those employees or that employer under subsection (1) or (2), and that it is not reasonable in the circumstances that the employees or that the employer, as the case may be, should suffer that damage or loss, an application under this section may be made at any time.

23(9)An application under subsection (6) does not affect any obligation of the employer to bargain collectively under the provisions of this Act, but the Board, pending disposition of the application or on disposition, may extend any time limits applicable to collective bargaining under this Act as the circumstances may require.

1971, c.9, s.24; 1987, c.6, s.43

Decertification – notice, bargaining

24(1)Where a trade union or council of trade unions fails to give the employer notice under section 32 within thirty days following certification or within thirty days following the date of the termination of a collective agreement when section 21 applies, or where a trade union or council of trade unions fails to give notice under section 33, and no such notice is given by the employer, the Board may, upon the application of the employer, another trade union or council of trade unions, or of any of the employees in the bargaining unit, and with or without a representation vote, declare that the trade union or council of trade unions no longer represents the employees in the bargaining unit.

24(2)Where a trade union or council of trade unions that has given notice under section 32 or 33, or that has received notice under section 33, fails to commence to bargain within thirty days from the giving of the notice, or after having commenced to bargain, but before the Minister has appointed a conciliation officer or appointed a mediator under section 70, allows a period of thirty days to elapse during which it has not sought to bargain, the Board may, upon the application of the employer, or another trade union or council of trade unions, or of any of the employees in the bargaining unit, and with or without a representation vote, declare that the trade union or council of trade unions no longer represents the employees in the bargaining unit.

24(3)The trade union or council of trade unions and the employer concerned may for the purposes of this section agree in writing to an extension of the times prescribed in subsection (1) or (2) in which event subsection (1) and (2) apply from the elapse of the extended time.

1971, c.9, s.25

Decertification – employees

25Where there have been no employees in a bargaining unit described in a certification or in a collective agreement or in a recognition agreement for a period of two years, the Board, upon application of the employer, may at any time thereafter declare that the trade union or council of trade unions no longer represents the employees in the bargaining unit.

1971, c.9, s.26

Decertification – fraud

26Notwithstanding anything in this Act where a trade union has obtained a certification certificate by fraud, the Board on its own motion or upon application made by the employer, another trade union, or by any employee in the bargaining unit may at any time declare that the trade union no longer represents the employees in the bargaining unit.

1971, c.9, s.27

Decertification – trade union or council of trade unions

27Where, upon an application made under sections 23 to 26, the trade union or council of trade unions concerned informs the Board that it does not desire to continue to represent the employees in the bargaining unit, the Board may declare that the trade union or council of trade unions no longer represents the employees in the bargaining unit.

1971, c.9, s.28

Decertification – effect

28(1)Where, upon an application made under sections 23 to 26, a declaration is made by the Board that the trade union or council of trade unions no longer represents the employees in the bargaining unit, the trade union or council of trade unions ceases to be the certified bargaining agent or the recognized bargaining agent, as the case may be, in respect of such employees, the employer is not required to bargain collectively with the bargaining agent and, subject to subsection (2), any collective agreement in effect between the trade union or council of trade unions and the employer that is binding upon the employees in the bargaining unit ceases to operate forthwith.

28(2)Upon a declaration made by the Board under section 26 that a trade union no longer represents the employees in the bargaining unit, the trade union is not entitled to claim any rights or privileges flowing from certification and, if it has made a collective agreement binding upon the employees in the bargaining unit, the collective agreement is void from the commencement date of the agreement.

28(3)Where, under sections 23 to 27, a declaration is made by the Board that a trade union or council of trade unions no longer represents the employees in the bargaining unit, the trade union or council of trade unions, subject to the provisions of this Act, may at any time make application to be certified as bargaining agent for the same unit of employees, in whole or in part.

1971, c.9, s.29

Disallowance of acts of trade union

29(1)Where an employer and a trade union or council of trade unions that has not been certified as the bargaining agent for a bargaining unit of employees of the employer enter into a collective agreement, or a recognition agreement, the Board may, upon the application of any of the employees in the bargaining unit, or of another trade union or council of trade unions representing any of the employees in the bargaining unit, during the first year of the period of time that the first collective agreement between them is in operation or, if no collective agreement has been entered into, within one year from the signing of such recognition agreement, declare that the trade union or council of trade unions was not, at the time the agreement was entered into, entitled to represent the employees in the bargaining unit.

29(2)Before disposing of an application under subsection (1), the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary or take or supervise the taking of such votes as it deems expedient to direct and the Board may prescribe the nature of the evidence to be furnished to the Board.

29(3)On an application made under subsection (1), the onus of establishing that the trade union or council of trade unions was entitled to represent the employees in the bargaining unit at the time the agreement was entered into rests on the parties to the agreement.

29(4)Upon the Board making a declaration under subsection (1), the trade union or council of trade unions forthwith ceases to represent the employees in the defined bargaining unit in the recognition agreement or collective agreement and any collective agreement or recognition agreement in operation between the trade union or council of trade unions and the employer ceases to operate forthwith in respect of the employees affected by the declaration.

1971, c.9, s.30

Application for decertification

30(1)Subject to subsection (3), where a trade union or council of trade unions has not made a collective agreement within one year after its certification or within one year after the date of the termination of a collective agreement when section 21 applies and the Minister has appointed a conciliation officer or appointed a mediator under section 70, no application for a declaration that the trade union or council of trade unions no longer represents the employees in the bargaining unit determined in the certificate shall be made until

(a) thirty days have elapsed after the Minister has released to the parties the report of a conciliation board,

(b) thirty days have elapsed after the Minister has released to the parties a notice that he does not deem it advisable to appoint a conciliation board, or

(c) six months have elapsed after the Minister has released to the parties a notice of a report of the conciliation officer or mediator that the differences between the parties concerning the terms of a collective agreement have been settled,

as the case may be.

30(2)Where notice has been given under section 33 with a view to the renewal or revision of a collective agreement then in operation or to the making of a new agreement and the Minister has appointed a conciliation officer or appointed a mediator under section 70, no application for a declaration that the trade union or council of trade unions that was a party to the collective agreement no longer represents the employees in the bargaining unit as defined in the agreement shall be made after the date when the agreement ceased to operate or the date when the Minister appointed the conciliation officer or mediator, whichever is later, unless, following the appointment of the conciliation officer or mediator, if no collective agreement has been made,

(a) at least twelve months have elapsed from the date of the appointment of the conciliation officer or mediator,

(b) a conciliation board has been appointed and thirty days have elapsed after the report of the conciliation board has been released by the Minister to the parties, or

(c) thirty days have elapsed after the Minister has informed the parties that he does not deem it desirable to appoint a conciliation board,

whichever is later.

30(3)Where a trade union has given notice under section 32 with the view to making an agreement and the employees in the bargaining unit on whose behalf the trade union was certified as bargaining agent thereafter engage in a lawful strike or the employer lawfully locks-out such employees, no application for a declaration that the trade union no longer represents the employees in the bargaining unit determined in the certificate shall be made

(a) until six months have elapsed after the strike or lock-out commenced, or

(b) until seven months have elapsed after the Minister has released to the parties the report of the conciliation board or a notice that the Minister does not deem it advisable to appoint a conciliation board,

whichever occurs first.

1971, c.9, s.31

Dissolution of council of trade unions

31(1)Where a certified council of trade unions is a party to or is bound by a collective agreement, no resolution, by-law or other action by the constituent unions of a certified council of trade unions to dissolve the council or by a constituent union of such a council to withdraw from the council, as the case may be, has effect,

(a) unless a copy of such resolution, by-law or other action is delivered to the employer or the employers’ organization and, in the case of a withdrawal, to the other constituent members and to the council at least ninety days before the collective agreement ceases to operate, and

(b) until the collective agreement ceases to operate.

31(2)Where a certified council of trade unions is not a party to or is not bound by a collective agreement, no resolution, by-law or other action by the constituent unions of a certified council of trade unions to dissolve the council or by a constituent union of such a council to withdraw from the council, as the case may be, has effect until the ninetieth day after the day on which a copy of such resolution, by-law or other action is delivered to the employer or the employers’ organization and, in the case of a withdrawal, to the other constituent members and to the council.

31(3)Where a resolution, by-law or other notification is delivered under subsection (1) or (2), a copy thereof shall be delivered to the Board and, on default, the Board may by order require the delivery of a copy.

1971, c.9, s.32

COLLECTIVE BARGAINING

Notice to commence collective bargaining – no collective agreement

32(1)Where the Board has under this Act certified a trade union as a bargaining agent of employees in a unit and no collective agreement with their employer binding on or entered into on behalf of employees in the unit, is in force,

(a) the bargaining agent may, on behalf of the employees in the unit, by notice in writing, require the employer to commence collective bargaining, or

(b) the employer or an employers’ organization representing the employer, may, by notice in writing, require the bargaining agent to commence collective bargaining,

with a view to the conclusion of a collective agreement.

32(2)Where a notice is given under subsection (1), the employer, upon written request of the bargaining agent, shall within a reasonable time, not exceeding the time prescribed in section 34, furnish to the bargaining agent a statement in writing of the classifications of employees not excluded by the certification order setting out the numbers of persons and rates of pay within each classification or, in the absence of such classifications, a list of all employees within the bargaining unit setting out the name and rate of pay of each such employee.

1971, c.9, s.33

Notice to commence collective bargaining – collective agreement in force

33(1)Either party to a collective agreement may, within the period of the ninetieth and the thirtieth day before the expiry date of the agreement, give notice in writing to the other party of its desire to bargain with a view to the renewal or revision of the agreement then in operation or to the making of a new agreement.

33(2)Where the provisions of a collective agreement relating to its termination or renewal or revision prescribe a period of notice that is longer than the period required under subsection (1), a notice, if given by a party to the agreement in accordance with the provisions thereof, shall be deemed a compliance with subsection (1).

33(3)Upon an application being made by or on behalf of employees affected by a collective agreement that has been renewed, revised, or replaced by a new collective agreement upon less than the notice prescribed in subsection (1), the Board may require the parties to the new agreement, or any of them, to show cause why a trade union or council of trade unions that is not a party to the new agreement should not be permitted to apply to be certified as the bargaining agent for the employees affected in place of the trade union or council of trade unions that is a party to the agreement and the Board, notwithstanding anything in this Act, may make such order with respect to the matter as it may deem just and reasonable, including permitting the trade union or council of trade unions that is not a party to the agreement to apply to be certified as the bargaining agent for the employees in the bargaining unit and the cancellation of the renewed, revised, or new agreement.

33(4)Where notice is given by or to an employers’ organization that has a collective agreement with a trade union or council of trade unions, it shall be deemed to be a notice given by or to each member of the employers’ organization who is bound by the agreement or who has ceased to be a member of the employers’ organization but has not notified the trade union or council of trade unions in writing that he has ceased to be a member.

33(5)Where notice is given by or to a council of trade unions, other than a certified council of trade unions, that has a collective agreement with an employer or employers’ organization, it shall be deemed to be a notice given by or to each member or affiliate of the council of trade unions that is bound by the agreement or that has ceased to be a member or affiliate of the council of trade unions but has not notified the employer or employers’ organization in writing that it has ceased to be a member or affiliate.

1971, c.9, s.34

Collective bargaining

34(1)Where notice to commence collective bargaining is given under section 32, the certified bargaining agent and the employer, or an employers’ organization representing the employer shall, without delay, but in any case within twenty days after the notice was given, or such further time as the parties may agree, meet and commence or cause authorized representatives on their behalf to meet and commence to bargain collectively with one another and shall make every reasonable effort to conclude a collective agreement.

34(2)Where a party to a collective agreement gives notice under section 33 to the other party to the agreement, the parties shall, without delay, but in any case within twenty days after the notice was given, or such further time as the parties may agree upon, meet and commence or cause authorized representatives on their behalf to meet and commence to bargain collectively and make every reasonable effort to conclude a renewal or revision of the agreement or a new agreement.

34(3)Where collective bargaining is substantially entered into under subsection (1) or (2), a party so bargaining collectively shall not discontinue, or withdraw from, the collective bargaining on the ground that no notice, or improper or insufficient notice, has been given under section 32 or 33.

34(4)Where an employers’ organization commences to bargain with a trade union or council of trade unions, it shall deliver to the trade union or council of trade unions, and to each employer therein named, a list of the names of the employers on whose behalf it is bargaining and, in default of so doing, it shall be deemed to bargain for all members of the employers’ organization for whose employees the trade union or council of trade unions is entitled to bargain and to make a collective agreement at that time, except an employer, who, either by himself or through the employers’ organization, has, within fourteen days of the commencement of bargaining, notified the trade union or council of trade unions in writing that the employers’ organization is not authorized to bargain collectively on behalf of the employer named in the notification.

34(5)Where a council of trade unions, other than a certified council of trade unions, commences to bargain with an employer or an employers’ organization, it shall deliver to the employer or employers’ organization, and to each trade union therein named, a list of the names of the trade unions on whose behalf it is bargaining and, in default of so doing, it shall be deemed to bargain for all members or affiliates of the council of trade unions and for all employees for whom the respective trade unions are entitled to bargain and to make a collective agreement at that time with the employer or the employers’ organization, except a trade union that, either by itself or through the council of trade unions, has, within fourteen days of the date of the commencement of bargaining, notified the employer or employers’ organization in writing that the council of trade unions is not authorized to bargain collectively on behalf of the trade union named in the notification.

34(6)Where a list is delivered or a notification given under subsection (4) or (5), a copy thereof shall be delivered or given to the Board within the time prescribed and, on default, the Board may by order require the delivery of a copy of the list or of the notification.

1971, c.9, s.35

Alteration of rights during collective bargaining

35(1)Where a trade union or council of trade unions has applied for certification and notice thereof from the Board has been received by the employer or employers’ organization, no employer or employers’ organization shall, except with the consent of the trade union or council of trade unions, alter the rights, privileges or duty of the employer or the employee until

(a) the trade union has given notice under section 32, in which case subsection (2) applies, or

(b) the application for certification by the trade union or council of trade unions is dismissed or terminated by the Board or withdrawn by the trade union or council of trade unions.

35(2)Where notice has been given under section 32 or 33 and no collective agreement is in operation, no employer or employers’ organization shall, except with the consent of the trade union or council of trade unions, alter the rates of wages or any other term or condition of employment or any right, privilege or duty, of the employer, the employers’ organization, the trade union, the council of trade unions, or the employees, and no trade union or council of trade unions shall, except with the consent of the employer or employers’ organization, alter any term or condition of employment or any right, privilege or duty of the employer, the employers’ organization, the trade union, the council of trade unions, or the employees until a collective agreement or a renewal or revision of the agreement or a new agreement has been concluded or one of the following conditions has been met:

(a) until a party has requested the Minister to instruct a conciliation officer to confer with the parties and seven days have elapsed from the date on which the Minister has released to the parties a notice under subsection 36(3) that he does not deem it advisable to appoint a conciliation officer or to appoint a mediator under section 70,

(b) until, where the Minister has appointed a conciliation officer or a mediator to confer with the parties, fourteen days have elapsed after the Minister has released to the parties a notice that he does not deem it advisable to appoint a conciliation board,

(c) until, where the Minister has appointed a conciliation board, fourteen days have elapsed after the Minister has released to the parties the report of the conciliation board, or

(d) until the right of the trade union or council of trade unions to represent the employees has been terminated,

whichever occurs first.

35(3)Where notice has been given under section 33 and no collective agreement is in operation, any difference between the parties as to whether or not subsection (2) of this section was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation with the reference made thereunder and section 55 applies mutatis mutandis thereto.

35(4)Where a violation of this section is alleged and the matter has not been referred to arbitration under subsection (3), either of the parties may make an application to the Board and, where the Board determines upon hearing the application that this section has been violated, the Board may order any party to comply with the terms and conditions of employment or to cease doing anything that constitutes a violation of this section.

1971, c.9, s.36; 1982, c.31, s.3; 1987, c.6, s.43

Conciliation officer

36(1)Where a notice to commence collective bargaining has been given under section 32 or 33, and

(a) collective bargaining has not commenced within the time prescribed under this Act, or

(b) collective bargaining has commenced,

and either party thereto requests the Minister in writing to instruct a conciliation officer to confer with the parties thereto to assist them to conclude a collective agreement or a renewal or revision thereof and such request is accompanied by a statement of the difficulties, if any, that have been encountered before the commencement or in the course of the collective bargaining, or in any other case in which in the opinion of the Minister it is advisable so to do, the Minister may appoint one or more conciliation officers to confer with the parties engaged in collective bargaining.

36(2)Where a conciliation officer fails to bring about an agreement between parties engaged in collective bargaining, or in any other case where in the opinion of the Minister a conciliation board should be appointed to endeavour to bring about agreement between parties to a dispute, the Minister may appoint a conciliation board for such purpose.

36(3)Where the Minister receives a request to appoint a conciliation officer under subsection (1), he shall, within seven days of receiving the request, send to the parties a notice as to whether he deems it advisable to appoint a conciliation officer.

36(4)Where the Minister has received the report of a conciliation officer appointed under subsection (1) he may consult with the parties and, within fifteen days after receiving that report, he shall send to the parties a notice as to whether he deems it advisable to appoint a conciliation board.

36(5)The Minister, in any case to which subsection (1) applies, may appoint a mediator under section 70.

36(6)Where an employer or employers’ organization and a trade union or council of trade unions have entered into a recognition agreement and a collective agreement has not been concluded, the Minister may, upon the request of either party, appoint a conciliation officer or appoint a mediator under section 70 to confer with the parties and endeavour to effect a collective agreement.

36(7)Where an appointment is made by the Minister under subsection (6), the appointment has the effect of an appointment made under subsection (1) for the purposes of this Act.

36(8)Where the Minister deems it advisable not to make an appointment under subsection (6), the notification is not a notice within the meaning of subsection (3) for the purposes of this Act.

36(9)Notwithstanding anything in this Act, where the Minister has appointed a conciliation officer or a mediator under this section and the parties have failed to enter into a collective agreement within fifteen months from the date of such appointment, the Minister may, upon the joint request of the parties, again appoint a conciliation officer or a mediator to confer with the parties and endeavour to effect a collective agreement, and, upon such appointment being made, all provisions of this Act relating to or regulating a first appointment of a conciliation officer, mediator, or conciliation board appointed under this section and all provisions prescribing any such appointment as a requirement or condition, or prescribing the effect of any such appointment under this Act, shall apply mutatis mutandis, but such appointment is not a bar to an application for certification or for a declaration that the trade union or council of trade unions no longer represents the employees in the bargaining unit.

36(10)Notwithstanding the failure of a trade union to give written notice under section 32, or the failure of either party to give written notice under section 33, where the parties have met and bargained, the Minister may appoint a conciliation officer, a mediator, or a conciliation board in any case to which subsection (1), (2), (5) or (6) applies.

1971, c.9, s.37; 1985, c.51, s.5

Binding arbitration in the case of a first contract

36.1(1)When a notice to commence collective bargaining has been given under section 32 and the parties are unable to bring about a first collective agreement, either party may request that the Minister refer the matter to the Board for first contract arbitration.

36.1(2)A request under subsection (1) shall not be made to the Minister until the following, whichever occurs first:

(a) a party has requested the Minister to instruct a conciliation officer to confer with the parties and seven days have elapsed from the date on which the Minister has released to the parties a notice under subsection 36(3) that the Minister does not deem it advisable to appoint a conciliation officer or mediator under section 70,

(b) if the Minister has appointed a conciliation officer or a mediator under paragraph (a), seven days have elapsed after the Minister has released to the parties a notice that the Minister does not deem it advisable to appoint a conciliation board, or

(c) if the Minister has appointed a conciliation board, seven days have elapsed after the Minister has released to the parties the report of the conciliation board.

36.1(3)Within seven days of receiving a request under subsection (1), the Minister shall deliver the request to the Board and to the other party.

36.1(4)If the Board receives a request under subsection (3), the Board shall inquire into the negotiations between the parties on the settlement of a first collective agreement and determine if the party making the request can demonstrate the existence of one or more of the following conditions:

(a) the refusal of the employer to recognize the bargaining authority of the bargaining agent,

(b) the uncompromising nature of any bargaining position adopted by the other party without reasonable justification,

(c) the failure of the other party to make reasonable or expeditious efforts to conclude a first collective agreement, or

(d) any other condition the Board considers relevant.

36.1(5)Not later than 30 days after inquiring into the negotiations between the parties, if

(a) the Board determines that a condition under subsection (4) has not been demonstrated, it shall refuse the request and inform the parties and the Minister of its determination, or

(b) the Board determines that a condition under subsection (4) has been demonstrated, it shall inform the parties and the Minister of its determination and

(i) refer the matter to the Minister who shall appoint a mediation officer under section 71 to confer with the parties and endeavour to effect a first collective agreement, or

(ii) after conferring with the parties, submit the matter to an arbitrator or an arbitration board that shall render an award.

36.1(6)If the Minister appoints a mediation officer under subparagraph (5)(b)(i), the mediation officer shall make a report to the Minister in accordance with subsection 71(5) within 30 days after the mediation commences.

36.1(7) If the mediation officer advises the Minister under subsection (6) of the parties’ failure to conclude a first collective agreement, the Minister shall inform the Board of the failure and the Board shall refer the matter to an arbitrator or an arbitration board under subparagraph (5)(b)(ii) within 14 days.

36.1(8)Within seven days of receiving notice from the Board that the matter is being submitted to an arbitrator or an arbitration board, either party may apply to the Board to have the Board conduct the arbitration itself, in which case the Board is bound to conduct the arbitration.

36.1(9)If the arbitration is submitted to an arbitrator or an arbitration board under subparagraph (5)(b)(ii),

(a) each of the parties shall pay one-half of the remuneration and expenses of the arbitrator or arbitration board,

(b) the arbitration shall commence within 14 days of the arbitrator or arbitration board being appointed or constituted, and

(c) the Board may extend, if required, the time limit under paragraph (b).

36.1(10)If the Board conducts the arbitration itself,

(a) the Board shall conduct the arbitration in accordance with section 8 of the Labour and Employment Board Act,

(b) the Board is deemed to be an arbitration board under this Act,

(c) the Board shall determine the date on which the arbitration is to be commenced, hear the matter within 21 days of receiving the application under subsection (8) and render an award within 45 days of the date on which the arbitration commences,

(d) the Board may extend, if required, the time limit under paragraph (c), and

(e) in the event of a conflict between this subsection and any other provision of this Act, this subsection prevails.

2017, c.44, s.1

Ratification of collective agreement

37(1)Where persons who are bargaining collectively have agreed upon the terms to be contained in the collective agreement, they shall forthwith commit the terms of the collective agreement to writing and, if ratification or approval is required, cause the agreement to be referred to their respective parties for ratification or approval.

37(2)Where the parties who are bargaining collectively have agreed upon the terms to be contained in the collective agreement, or pursuant to subsection (1) have ratified or approved the terms, the parties shall forthwith execute and deliver, each to the other, a true copy of the collective agreement so executed.

37(3)Where a collective agreement has been executed under subsection (2), each party thereto shall file a copy of the collective agreement with the Minister and with the Board.

37(4)Where a collective agreement within subsection (3) is revised during its term under the provisions of this Act, each party thereto shall file a copy of the revisions with the Minister and with the Board.

37(5)A collective agreement filed under subsection (3) by a council of trade unions or by an employers’ organization shall be deemed to be filed by each of the parties bound by the agreement.

37(6)A failure to comply with subsection (3) or (4) does not invalidate any proceedings under the collective agreement or under this Act.

1971, c.9, s.38

BARGAINING RIGHTS IN THE
CONSTRUCTION INDUSTRY

Definitions

38In this section and in sections 39 to 51.9 and in section 82

“council of trade unions” means a council that is formed for the purpose of representing or that according to established bargaining practice represents trade unions as defined in the definition of “trade union” in this section;(conseil syndical)

“employee” includes, except in sections 51.3 to 51.8, an employee engaged in whole or in part in off-site work but who is commonly associated in his work or bargaining with on-site employees;(salarié)

“employer” means a person who operates a business in the construction industry and, for purposes of an application for accreditation, means an employer for whose employees a trade union or council of trade unions affected by the application has bargaining rights in a particular geographic area and sector or areas or sectors or parts thereof;(employeur)

“employers’ organization” means an organization that is formed for the purpose of representing or represents employers as defined in the definition of “employer” in this section;(organisation d’employeurs)

“sector” means a division of the construction industry as determined by work characteristics and includes the industrial, commercial and institutional sector, the residential sector, the sewers, tunnels and watermains sector, the roads sector, the heavy engineering sector and the pipeline sector;(secteur)

“trade union” means a trade union that according to established trade union practice pertains to the construction industry.(syndicat)

1971, c.9, s.39; 1987, c.6, s.43; 1989, c.14, s.1

Interpretation

39(1)Where there is a conflict between any provision in sections 38, 40 to 51.9 and 82 and any provision in sections 1, 3 to 37, 52 to 81 and 83 to 143, the provisions in sections 38, 40 to 51.9 and 82 prevail.

39(2)Where there is a conflict between any provision in sections 51.1 to 51.9 and any provision in sections 38, 40 to 51 and 82, the provisions in sections 51.1 to 51.9 prevail.

1971, c.9, s.40; 1985, c.51, s.6; 1989, c.14, s.2

Application for certification

40(1)Where a trade union applies for certification as bargaining agent of the employees of an employer, the Board shall determine the unit of employees that is appropriate for collective bargaining by reference to a geographic area and it shall not confine the unit to a particular project unless satisfied that the circumstances warrant a unit so confined.

40(2)In determining the appropriate unit on an application to which subsection (1) applies, the Board may designate the whole or any part of the Province as a geographic area and may limit the unit to a designated geographic area.

40(3)In determining whether a trade union to which subsection (1) applies has met the requirements of subsection 14(1), the Board need not have regard to any increase in the number of employees in the bargaining unit after the date the application was made.

40(4)Where application to which subsection (1) applies is made, the application is, except as provided in subsection (5), subject to the provisions of this Act and any rules prescribed by the Board requiring notice on an application.

40(5)The Board, subject to such rules as it may prescribe, in respect to any application to which subsection (1) applies, may certify an applicant or dismiss the application without a hearing and without notice or without a hearing on such notice as may be required under the rules.

40(6)Where a trade union makes an application for certification to which subsection (1) applies, the Board shall forthwith determine,

(a) whether or not the unit in respect of which the application is made is appropriate for collective bargaining, and

(b) whether or not, if the unit is an appropriate unit, a majority of employees in the unit are members in good standing of the trade union or have selected the trade union to be bargaining agent on their behalf.

40(7)For the purposes of determining the percentage of employees in the appropriate unit who are members in good standing of the trade union under subsection (6), the Board may require the employer to file with the Board a list of employees verified by statutory declaration together with any information that the Board may require in respect of the employees.

40(8)Where the Board determines, in respect of an application to which subsection (1) applies, that the unit is appropriate for collective bargaining and that the majority of employees in the unit are members in good standing or have selected the trade union to be bargaining agent, the Board shall forthwith certify the trade union as the bargaining agent of the employees of the employer in the appropriate unit and the order of certification shall be an order under section 14.

40(9)Where, on an application to which subsection (1) applies, the Board is satisfied that the trade union is not entitled to be certified, the Board shall dismiss the application and may, in the same order or a subsequent order, establish the length of time before the trade union may make another application on behalf of the same unit of employees.

40(10)Where the Board issues an order under subsection (9) dismissing an application to which this section applies without a hearing pursuant to subsection (5) and the applicant trade union requests a hearing, the Board shall hold a hearing and may revoke the order and proceed under this section.

40(11)Where the Board certifies a trade union on an application to which this section applies without notice or without a hearing pursuant to subsection (5), and the employer or another trade union requests a hearing, the Board shall hold a hearing and may revoke or vary the order made under subsection (8).

40(12)A request made under subsection (10) or (11) for a hearing shall be made within ten days after the order or certification is issued subject to extension by the Board.

1971, c.9, s.41

Collective bargaining

41(1)Where notice has been given by a trade union to an employer or by an employer or employers’ organization under section 32 or by a trade union or a council of trade unions or by an employer or employers’ organization under section 33, the parties for the purposes of collective bargaining under section 34 shall meet within ten days from the giving of such notice or within such further period as the parties agree upon.

41(2)Where the Minister appoints a conciliation officer or appoints a mediator under section 70 at the request of a trade union, council of trade unions or an employer or employers’ organization to confer with the parties and endeavour to effect a collective agreement binding upon employees of the employer or upon employees of members of the employers’ organization, the period mentioned in subsection 61(1) may be extended by agreement of the parties or by the Minister upon the advice of the conciliation officer or mediator that a collective agreement may be made within a reasonable time if the period is extended.

41(3)Where a conciliation board has been appointed under this Act, it shall report its findings and recommendations to the Minister within seven days after the appointment of the chairman, but such period may be extended

(a) for a further period not exceeding fifteen days by agreement of the parties or by the Minister, or

(b) for such further period beyond the period fixed in paragraph (a) by agreement of the parties or by the Minister.

1971, c.9, s.42

Decertification

42(1)Where a trade union does not make a collective agreement with the employer or employers’ organization within six months after its certification or within six months after the date of the termination of a collective agreement when section 21 applies, any of the employees in the bargaining unit determined in the certification may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.

42(2)Notwithstanding subsection 23(2), any of the employees in the bargaining unit defined in a first collective agreement, where the trade union or council of trade unions has not been certified as the bargaining agent of the employees, may apply to the Board for a declaration that the trade union or council of trade unions no longer represents the employees in the bargaining unit after the commencement of the tenth month of its operation and before the end of the twelfth month of its operation.

42(3)Subsections 23(3) to (5), section 27 and subsection 28(1) apply mutatis mutandis to an application under subsection (1) or (2).

1971, c.9, s.43

Collective agreements in absence of employees

43An agreement in writing between an employer or employers’ organization, on the one hand, and a trade union that has been certified as bargaining agent for a unit of employees of the employer, or a trade union or a council of trade unions that is entitled to require the employer or the employers’ organization to bargain with it for the renewal or revision of the agreement then in operation or for the making of a new agreement, on the other hand, shall be deemed to be a collective agreement notwithstanding that there were no employees in the bargaining unit or units affected at the time the agreement was entered into.

1971, c.9, s.44

Employers’ organization – construction industry

44Where a trade union or council of trade unions has been certified or has been granted voluntary recognition in a recognition agreement, as the bargaining agent for a unit of employees of more than one employer in the construction industry or where a trade union or council of trade unions has entered into collective agreements with more than one employer covering a unit of employees in the construction industry, an employers’ organization may apply to the Board to be accredited as the bargaining agent for all employers in the geographic area and particular sector of the industry described in the certificates, voluntary recognition agreements or collective agreements, as the case may be.

1971, c.9, s.45

Employers’ organization – unit of employers

45(1)Upon an application for accreditation, the Board shall determine the unit of employers that is appropriate for collective bargaining in a particular geographic area and sector, but the Board need not confine the unit to one geographic area or sector and may, if it considers it advisable, combine areas or sectors or both or parts thereof.

45(2)The unit of employers shall comprise all employers as defined for the purposes of an application for accreditation in the definition “employer” in section 38 in the geographic area and sector determined by the Board to be appropriate.

1971, c.9, s.46

Employers’ organization – application under section 44

46(1)Upon an application for accreditation under section 44, the Board shall ascertain

(a) the number of employers in the unit of employers on the date of the application who have within one year prior to such date had employees in their employ for whom the trade union or council of trade unions has bargaining rights in the geographic area and sector determined by the Board to be appropriate,

(b) the number of employers in paragraph (a), represented by the employers’ organization on the date of the application, and

(c) the number of employees of employers in paragraph (a) on the payroll of each such employer for the weekly payroll period immediately preceding the date of the application or, if in the opinion of the Board such payroll period is unsatisfactory for any one or more of the employers in paragraph (a), such other weekly payroll period for any one or more of such employers as the Board considers advisable.

46(2)The Board, if satisfied

(a) that a majority of the employers in paragraph (1)(a) are represented by the employers’ organization, and

(b) that such majority of employers employed a majority of the employees in paragraph (1)(c)

shall, subject to subsection (3), accredit the employers’ organization as the bargaining agent of the employers in the unit of employers and for such other employers for whose employees the trade union or council of trade unions may, after the date of the making of the application, obtain bargaining rights through certification or voluntary recognition in recognition agreements in the appropriate geographic area and sector.

46(3)Before accrediting an employers’ organization under subsection (2), the Board shall satisfy itself that the employers’ organization is a properly constituted organization and that each of the employer members whom it represents has vested appropriate authority in the organization to enable it to discharge the responsibilities of an accredited bargaining agent.

46(4)Where the Board is of the opinion that appropriate authority has not been vested in the employers’ organization, the Board may postpone disposition of the application to enable employers represented by the organization to vest such additional or other authority in the organization as the Board considers necessary.

46(5)The Board shall not accredit any employers’ organization if any trade union or council of trade unions has participated in its formation, selection or administration or has contributed financial or other support to it.

1971, c.9, s.47

Employers’ organization – effect of accreditation

47(1)Upon the accreditation of an employers’ organization, all rights, duties and obligations under this Act of employers for whom the accredited employers’ organization is or becomes the bargaining agent apply mutatis mutandis to the accredited employers’ organization.

47(2)Upon the accreditation of an employers’ organization, any collective agreement in operation between the trade union or council of trade unions and any employer in paragraph 46(1)(a) is binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision therein respecting its renewal or revision.

47(3)When any collective agreement mentioned in subsection (2) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by such parties.

47(4)Where, after the date of the making of an application for accreditation, a trade union or council of trade unions obtains bargaining rights for the employee of an employer through certification or voluntary recognition in a recognition agreement, that employer is bound by any collective agreement in existence at the time of the certification or voluntary recognition between the trade union or council of trade unions and the applicant employers’ organization or subsequently entered into by the parties.

47(5)A collective agreement between a trade union or council of trade unions and an employer who, but for the one-year requirement, would have been included in paragraph 46(1)(a) is binding on the parties thereto only for the remainder of the term of operation of the agreement regardless of any provisions therein respecting its renewal or revision.

47(6)When any collective agreement mentioned in subsection (5) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by such parties.

47(7)Where, under the provisions of this section, an employer becomes bound by a collective agreement between a trade union or council of trade unions and an accredited employers’ organization after the agreement has commenced to operate, the agreement ceases to be binding on the employer in accordance with the terms thereof, notwithstanding subsection 57(1).

1971, c.9, s.48

Employers’ organization – collective agreement

48(1)Subsection 34(4) and subsection 56(3) do not apply to an accredited employers’ organization.

48(2)A collective agreement between an accredited employers’ organization and a trade union or council of trade unions is, subject to and for the purposes of this Act, binding upon the accredited employers’ organization and the trade union or council of trade unions, as the case may be, and upon each employer in the unit of employers represented by the accredited employers’ organization at the time the agreement was entered into and upon such other employers as may subsequently be bound by that agreement, as if it was made between each of such employers and the trade union or council of trade unions and, if any such employer ceases to be represented by the accredited employers’ organization during the term of operation of the agreement, the employer shall, for the remainder of the term of operation of the agreement, be deemed to be a party to a like agreement with the trade union or council of trade unions.

48(3)A collective agreement between an accredited employers’ organization and a trade union or council of trade unions is binding on the employees in the bargaining unit defined in the agreement of any employer bound by the collective agreement.

1971, c.9, s.49

Decertification of employers’ organization

49(1)Where an accredited employers’ organization does not make a collective agreement with the trade union or council of trade unions, as the case may be, within one year after its accreditation, any of the employers in the unit of employers determined in the accreditation certificate may apply at any time to the Board for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit.

49(2)Any of the employers in the bargaining unit defined in a collective agreement between an accredited employers’ organization and a trade union or council of trade unions, as the case may be, may apply to the Board only during the last two months of the operation of the agreement for a declaration that the accredited employers’ organization no longer represents the employers in the unit of employers.

49(3)Upon an application under subsection (1) or (2), the Board shall ascertain

(a) the number of employers in the unit of employers on the date of the application,

(b) the number of employers in the unit of employers who, within the two-month period immediately preceding the date of making of the application, have voluntarily signified in writing that they no longer wish to be represented by the accredited employers’ organization, and

(c) the number of employees affected by the application of employers in the unit of employers on the payroll of each such employer for the weekly payroll period immediately preceding the date of the application or, if in the opinion of the Board such payroll period is unsatisfactory for any one or more of the employers in paragraph (a), such other weekly payroll period for any one or more of such employers as the Board considers advisable.

49(4)If the Board, on an application made under subsection (1) or (2) is satisfied

(a) that a majority of the employers in paragraph (3)(a) has voluntarily signified in writing that they no longer wish to be represented by the accredited employers’ organization, and

(b) that such majority of employers employed a majority of the employees in paragraph (3)(c)

the Board shall declare that the employers’ organization that was accredited or that was or is a party to the collective agreement, as the case may be, no longer represents the employers in the unit of employers.

49(5)Where an accredited employers’ organization does not give notice to commence to bargain within thirty days after it becomes entitled so to do following its accreditation, or where it fails to give notice under section 33, and no such notice is given by the trade union or council of trade unions, any of the employers in the unit of employers determined in the accreditation certificate or any of the employees in the unit or a trade union or council of trade unions affected by the accreditation may, with the consent of the Board, apply for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit and the Board, upon the application, may, upon inquiry, declare that the accredited employers’ organization no longer represents the employers in the bargaining unit.

49(6)Where an accredited employers’ organization that has given notice to commence to bargain within thirty days after it became entitled so to do following its accreditation or that has given notice under section 33, or that has received notice under section 32 or 33, fails to commence to bargain within ten days from the giving of the notice, or after having commenced to bargain, but before the Minister has appointed a conciliation officer or appointed a mediator under section 70, allows a period of thirty days to elapse during which it has not sought to bargain, any of the employers in the unit of employers determined in the accreditation certificate or any of the employees in the unit or a trade union or council of trade unions affected by the accreditation may, with the consent of the Board, apply for a declaration that the accredited employers’ organization no longer represents the employers in the bargaining unit and the Board, upon the application, may, upon inquiry, declare that the accredited employers’ organization no longer represents the employers in the bargaining unit.

49(7)Upon an application under subsections (1) to (6), when the employers’ organization informs the Board that it does not desire to continue to represent the employers in the unit of employers, the Board may declare that the employers’ organization no longer represents the employers in the unit.

49(8)Upon the Board making a declaration under subsections (4) to (7) the employers’ organization ceases to be an accredited employers’ organization, and

(a) any collective agreement in operation between the trade union or council of trade unions and the employers’ organization that is binding upon the employers in the unit of employers ceases to operate forthwith,

(b) all rights, duties and obligations under this Act of the employers’ organization revert mutatis mutandis to the individual employers represented by the employers’ organization, and

(c) the trade union or council of trade unions, as the case may be, is entitled to give to any employer in the unit of employers a written notice of its desire to bargain with a view to making a collective agreement, and such notice has the same effect as a notice under section 32.

49(9)The trade union or council of trade unions, as the case may be, and the accredited employers’ organization may for the purposes of this section agree in writing to an extension of the times prescribed in subsection (1), (5) or (6) in which event subsection (1), (5) or (6) applies from the elapse of the extended time.

49(10)An application under subsection (5) or (6) by a trade union or council of trade unions does not affect any obligation of the trade union or council of trade unions to bargain collectively under the provisions of this Act, but the Board, pending disposition of the application or on disposition, may extend any time limits applicable to collective bargaining under this Act as the circumstances may require.

1971, c.9, s.50

Bargaining agent for employers’ organization

50(1)No trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employers’ organization and no such employer, and no person acting on behalf of such employer, trade union or council of trade unions shall, so long as the accredited employers organization continues to be entitled to represent the employers in a unit of employers, bargain with each other with respect to such employees or enter into a collective agreement designed or intended to be binding upon such employees and, if entered into, any such agreement is void.

50(2)No trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employer’s organization and no such employer, and no person acting on behalf of the employer, trade union or council of trade unions shall, so long as the accredited employers’ organization continues to be entitled to represent the employers in a unit of employers, enter into any agreement or understanding, oral or written, which provides for the supply of employees during a legal strike or lock-out, and any such agreement or understanding, if entered into, is void and no such trade union or council of trade unions or person shall supply such employees to the employer.

1971, c.9, s.51

Duties of employers’ organizations

51(1)An accredited employers’ organization, so long as it continues to be entitled to represent employers in a unit of employers, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employers in the unit, whether members of the accredited employers’ organization or not.

51(2)An application by an employer for membership in an accredited employers’ organization shall not be affected by any terms or conditions not applicable to other members and membership shall not be denied or terminated except for cause which, in the opinion of the Board, is fair and reasonable.

1971, c.9, s.52

Common control or direction

51.01(1)Where, in the opinion of the Board, associated or related activities or businesses are carried on, whether or not simultaneously, by or through more than one corporation, partnership, person, syndicate or association of persons, under common control or direction, the Board may, on the application of a person, trade union or council of trade unions and where, in the opinion of the Board, there is a labour relations purpose for the application, declare the corporations, partnerships, persons, syndicates or associations of persons to be one employer for the purposes of this Act.

51.01(2)Where, in an application or order under subsection (1), it is alleged that more than one corporation, partnership, person, syndicate or association of persons is under common control or direction, a respondent to the application shall, when ordered to do so by the Board, adduce all facts within his or her knowledge that are material to the allegation.

51.01(3)Where a corporation, partnership, person, syndicate or association of persons is the subject of a declaration under subsection (1), the declaration shall not apply to the corporation, partnership, person, syndicate or association of persons in relation to obligations under a contract entered into prior to the coming into force of this section.

51.01(4)The Board shall not declare more than one corporation, partnership, person, syndicate or association of persons to be one employer unless, in the opinion of the Board it is necessary

(a) to preserve from infringement bargaining rights held by a trade union; or

(b) to prevent an employer from avoiding the provisions of this Act.

51.01(5)This section applies only to the construction industry.

2008, c.34, s.1

Regulations regarding construction project and geographic area

51.1(1)The Lieutenant-Governor in Council may, subject to subsection 51.21(4), make regulations

(a) designating a construction project within a described geographic area as a major project;

(b) adding any area to or excluding any area from a geographic area described under paragraph (a);

(c) revoking a designation under paragraph (a) in whole or in part.

51.1(2)Repealed: 1996, c.5, s.1

1989, c.14, s.3; 1996, c.5, s.1

Definitions

51.11In this section, in sections 51.2 to 51.9 and in subsection 104(1.1)

“committee” means the major project advisory committee established under section 51.2;(comité)

“major project” means a construction project within a described geographic area designated by a regulation under section 51.1 as a major project;(projet majeur)

“off-site work” means construction work other than construction work within the described geographic area of a major project;(travail en dehors du chantier)

“on-site work” means construction work within the described geographic area of a major project;(travail sur le chantier)

“owner” includes a Crown corporation.(propriétaire)

1989, c.14, s.3

Major project advisory committee

51.2(1)There shall be a major project advisory committee that consists in its membership of a chairperson and such other members as the Lieutenant-Governor in Council may determine consisting of an equal number representative, in the opinion of the Lieutenant-Governor in Council, of employees and employers in the construction industry.

51.2(2)The purpose of the committee is to render advice to the Lieutenant-Governor in Council through the Minister in accordance with section 51.21.

51.2(3)The chairperson and the other members of the committee shall be appointed by the Lieutenant-Governor in Council to hold office during good behaviour for such period as may be determined by the Lieutenant-Governor in Council on making the appointment, but the chairperson or any other member may be removed for cause at any time by the Lieutenant-Governor in Council.

51.2(4)A member of the committee may be reappointed by the Lieutenant-Governor in Council.

51.2(5)Vacancies in the membership of the committee from any cause may be filled by the Lieutenant-Governor in Council.

51.2(6)The members of the committee shall be paid such remuneration and such allowance for expenses as may be fixed, from time to time, by the Lieutenant-Governor in Council.

1989, c.14, s.3; 1992, c.2, s.28; 1998, c.41, s.66

Request for designation as major project

51.21(1)A request for the designation of a construction project within a described geographic area as a major project shall be made in writing to the chairperson of the committee by the owner, or the agent of the owner, of the construction project.

51.21(2)Upon receipt of a request referred to in subsection (1), the committee shall hold such meetings as it considers necessary for the purpose of rendering its advice in relation to the request.

51.21(3)In rendering its advice in relation to a request referred to in subsection (1), the committee shall take into account the social and economic effects within the Province of the construction project under consideration.

51.21(4)The Lieutenant-Governor in Council shall not make a regulation under paragraph 51.1(1)(a)

(a) unless the committee has considered a request referred to in subsection (1) and, by a majority of its members, recommends that a regulation be made in relation to the request, and

(b) until such time as the committee has rendered its advice through the Minister to the Lieutenant-Governor in Council in relation to the request.

1989, c.14, s.3; 1992, c.2, s.28; 1998, c.41, s.66

Bargaining unit

51.3(1)If before the commencement of a regulation designating a construction project as a major project a trade union or council of trade unions has been certified or has been granted voluntary recognition in a recognition agreement as the bargaining agent for a unit of employees, all members of the trade union or council of trade unions engaged in on-site work on or after the commencement of the regulation shall, for the purposes of this Act, be deemed to constitute a bargaining unit separate and apart from the bargaining unit consisting of members of the trade union or council of trade unions engaged in off-site work.

51.3(2)If before the commencement of a regulation designating a construction project as a major project the Board has accredited an employers’ organization as the bargaining agent for a unit of employers, all employers in the unit engaged in on-site work on or after the commencement of the regulation shall, for the purposes of this Act, be deemed to constitute a unit of employers separate and apart from the unit of employers consisting of employers engaged in off-site work.

51.3(3)Notwithstanding subsection (2), an employer in a unit of employers constituted under subsection (2) who is engaged in both on-site and off-site work retains, in addition to and distinct from the rights, duties and obligations under this Act in respect of the unit of employers constituted under subsection (2), all the rights, duties and obligations under this Act in respect of the unit of employers consisting of employers engaged in off-site work.

51.3(4)Notwithstanding section 57, any collective agreement in operation at the time a bargaining unit is constituted under subsection (1) that would but for this section be applicable in relation to both employees engaged in on-site and off-site work, ceases to apply in relation to the bargaining unit constituted under subsection (1).

1989, c.14, s.3

Notice requiring commencement of collective bargaining

51.4(1)A trade union or council of trade unions that represents employees in a bargaining unit constituted under subsection 51.3(1) may, on behalf of the employees in the unit, by notice in writing, require the employer, the employers’ organization or the accredited employers’ organization to commence collective bargaining with a view to the conclusion of a collective agreement and such notice shall be deemed for the purposes of this Act to be a notice given under section 32.

51.4(2)An employer or an employers’ organization representing the employer or an accredited employers’ organization that represents employers in a unit of employers constituted under subsection 51.3(2) may, in respect of employees who are in a bargaining unit constituted under subsection 51.3(1) and employed by the employer or employers, by notice in writing, require the bargaining agent to commence collective bargaining with a view to the conclusion of a collective agreement and such notice shall be deemed for the purposes of this Act to be a notice given under section 32.

1989, c.14, s.3

Application for certification as bargaining agent

51.5(1)Where a collective agreement or a recognition agreement is entered into between an employer and a trade union or council of trade unions in respect of employees of the employer who are engaged in on-site work, the trade union or council of trade unions may, subject to the rules of the Board, make application to the Board to be certified as bargaining agent of any of the employees of the employer by reference to a geographic area that is larger than the geographic area described in the regulation designating the construction project as a major project.

51.5(2)Subject to subsection (3), on an application for certification under subsection (1), the Board shall forthwith, without a hearing and without notice or without a hearing on such notice as may be required under the rules, certify the trade union or council of trade unions as the bargaining agent for the employees of the employer who are engaged in on-site work by reference to the geographic area described in the regulation designating the construction project as a major project and the order of certification shall be an order under section 14.

51.5(3)If the Board considers it advisable the Board may certify the trade union or council of trade unions as the bargaining agent of the employees of the employer by reference to the geographic area described in the application for certification under subsection (1).

51.5(4)Where the Board certifies a trade union or council of trade unions on an application to which this section applies without notice or without a hearing pursuant to subsection (2), and the employer or another trade union requests a hearing, the Board shall hold a hearing and may revoke or vary the order made under subsection (2).

51.5(5)A request made under subsection (4) for a hearing shall be made within ten days after the certification is issued subject to extension by the Board.

1989, c.14, s.3

Interpretation

51.6In respect of a collective agreement entered into after the designation of a construction project as a major project that is applicable to a bargaining unit constituted under subsection 51.3(1), the references to the thirty-fifth month of its operation and to the thirty-seventh month of its operation in subsection 10(6) and in paragraph 23(2)(b) shall be read as references to the fifty-ninth month of its operation and to the sixty-first month of its operation, respectively.

1989, c.14, s.3

Employee participation in strike vote

51.7Notwithstanding section 94, an employee who, at the time the vote is taken, has been engaged in on-site work continuously for the three calendar month period immediately preceding the taking of the vote, shall not participate in or be counted in respect of a strike vote taken by a trade union or council of trade unions of employees engaged in off-site work.

1989, c.14, s.3

Revocation of designation as major project

51.8When the designation of a construction project as a major project is revoked in whole or in part by a regulation under section 51.1, the employer, the employers’ organization or the accredited employers’ organization and the trade union or the council of trade unions shall, on the commencement of the regulation and to the extent of the revocation, revert to the rights, duties and obligations that obtained under the Act before the designation of the construction project as a major project so far as the rights, duties and obligations have continued, subject to such rights, duties and obligations, if any, that may have arisen under the Act after the designation of the construction project as a major project.

1989, c.14, s.3

Exclusive jurisdiction of Board

51.9Where any question arises under sections 51.3 to 51.8 after the designation or the revocation of the designation of a construction project as a major project as to whether rights, duties and obligations exist or as to the nature of the rights, duties or obligations, the Board, in addition to the provision made in section 128 and without restricting the generality of that section, has exclusive jurisdiction to determine the question and its decision in respect of the question is final and conclusive for all purposes of the Act as if made under section 128.

1989, c.14, s.3

COLLECTIVE AGREEMENTS

Signing of collective agreement

52(1)Every collective agreement shall provide that the trade union or council of trade unions that is a party thereto is recognized as the exclusive bargaining agent of the employees in the bargaining unit defined therein.

52(2)Every collective agreement to which an accredited employers’ association is a party shall provide that the accredited employers’ organization is recognized as the exclusive bargaining agent of the employers for whom the employers’ organization has been accredited.

52(3)Where a collective agreement does not contain such a provision as is mentioned in subsection (1) or (2), it may be added to the agreement at any time by the Board upon the application of either party.

1971, c.9, s.53

Prohibition of strikes or lock-outs

53(1)Every collective agreement shall provide that there shall be no strikes or lock-outs so long as the agreement continues to operate.

53(2)Where a collective agreement does not contain such a provision as is mentioned in subsection (1), it shall be deemed to contain the following provision:

“There shall be no strikes or lock-outs so long as this agreement continues to operate.”

1971, c.9, s.54

Permissive provisions of collective agreement

54Every collective agreement, whether entered into before or after the commencement of this Act, may, notwithstanding any provision of this Act, contain provisions

(a) for permitting an employee who represents the trade union or council of trade unions that is a party to or is bound by the agreement to attend to the business of the trade union or council of trade unions during working hours without deduction of the time so occupied in the computation of the time worked for the employer and without deduction of wages in respect of the time so occupied,

(b) for permitting the trade union or council of trade unions that is a party to or is bound by the agreement to use the employer’s premises for the purposes of the trade union or council of trade unions without payment therefor, and

(c) for providing free transportation and time-off during working hours without deduction of the time so occupied in the computation of the time worked for the employer and without deduction of wages in respect of the time so occupied to representatives of a trade union or council of trade unions or to employees for purposes of collective bargaining, the settlement of grievances or arbitration.

1971, c.9, s.55

Settlement of grievances

55(1)Every collective agreement shall provide for the final and binding settlement by arbitration or otherwise, without stoppage of work, of all differences between the parties to, or persons bound by, the agreement or on whose behalf it was entered into, concerning its interpretation, application, administration or an alleged violation of the agreement, including any question as to whether a matter is arbitrable.

55(2)Where a collective agreement does not contain such a provision as is mentioned in subsection (1), it shall be deemed to contain the following provision:

“Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to the arbitration board by the party giving the notice. The party to whom the notice is given shall, within five days of receiving the notice, name the person whom it appoints to the arbitration board and shall advise the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. Where the party receiving the notice fails to appoint a member of the arbitration board, or where the two appointees of the parties fail to agree upon a chairman within the time limited, the Minister of Post-Secondary Education, Training and Labour for New Brunswick, upon the request of a party to the agreement, shall appoint a member on behalf of the party failing to make an appointment, or shall appoint the third member, as the case may be, and, where the case requires, shall appoint both. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairman shall be the decision of the arbitration board.”

55(3)The provisions of subsection (2) apply to arbitrations commenced after March 31, 1972 and to arbitrations commenced before subsection (2) comes into force and in respect of which the arbitrator or arbitration board has heard no evidence, notwithstanding that the collective agreement under which the arbitration was commenced was entered into before April 1, 1972.

55(4)Where, in the opinion of the Board, any part of the arbitration provisions in a collective bargaining agreement, including the method of appointment of the arbitrator or arbitration board, is inadequate, or the provisions set out in subsection (2) are unsuitable in any particular case, the Board, on the application of a party to the collective agreement, may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, the arbitration provision in the collective agreement or in subsection (2), as the case may be, applies.

55(5)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for a panel of arbitrators jointly appointed or nominated thereto by the parties, the parties may at any time, except with respect to an arbitrator who has been appointed or designated to an arbitration or except with respect to a board of arbitration that is constituted, where he or it has entered upon a hearing, remove, substitute or add the names of persons to the panel and may modify any such provision in such manner as not to conflict with subsection (1), but, until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement applies.

55(6)Where a collective agreement, whether entered into before or after the commencement of this Act, provides for arbitration before a three member board, or is deemed to provide for such a board by virtue of subsection (2), the parties may at any time, except with respect to an arbitration board which is constituted, and has entered upon a hearing, substitute therefor a provision applicable for the term of the agreement or for the term mentioned in the substituted provision, for arbitration before a single arbitrator and the parties may appoint a person to be the arbitrator or provide for appointment from a panel of arbitrators, but until so modified, or modified pursuant to subsection (4), the arbitration provision in the collective agreement or deemed to be included therein by virtue of subsection (2) applies.

55(7)Subsection (5) applies mutatis mutandis to a provision made under subsection (6) for the appointment of a panel of arbitrators.

55(8)Notwithstanding that a collective agreement has expired, an arbitration provision in that collective agreement pursuant to subsection (1) or (2) shall continue in force after the expiration of the agreement, for the benefit of an employee in the bargaining unit who is dismissed by the employer, until such time as a lawful strike or lock-out occurs.

1971, c.9, s.56; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.51, s.7; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89; 2007, c.10, s.50; 2017, c.63, s.29; 2019, c.2, s.72

Request for referral to arbitrator

55.01(1)Notwithstanding the arbitration provisions in a collective agreement or deemed to be contained in a collective agreement under subsection 55(2) but subject to subsection (2), a party to a collective agreement may, in writing, request that the Minister refer to an arbitrator any difference between the parties to, or persons bound by, the collective agreement or on whose behalf it was entered into, concerning its interpretation, application, administration or an alleged violation of the collective agreement, including any question as to whether a matter is arbitrable.

55.01(2)A request under subsection (1) shall not be made

(a) unless the grievance procedure under the collective agreement has been exhausted or thirty days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever occurs first, or

(b) if the difference has been referred to arbitration under the collective agreement by the party who wishes to make the request under subsection (1) or the time, if any, stipulated in or permitted by the collective agreement for referring the difference to arbitration has expired.

55.01(3)At the time of the making of a request under subsection (1), the party making the request shall send a copy of the request to the other party to the difference.

55.01(4)Where a request under subsection (1) is received by the Minister, the Minister

(a) shall appoint an arbitrator to hear and determine the matter arising out of the difference,

(b) shall fix the day, not later than twenty-eight days after the day on which the difference was referred to the Minister, on which the hearing by the arbitrator will commence, and

(c) may, if one party so requests and the other party agrees, appoint a grievance mediator to assist the parties in settling the grievance before the hearing.

55.01(5)If a request or more than one request concerns several differences arising under the collective agreement, the Minister may, in the Minister’s discretion, appoint an arbitrator under paragraph (4)(a) to deal with all the differences raised in the request or requests.

55.01(6)If a grievance mediator is appointed under paragraph (4)(c), the grievance mediator shall, within ten days after the appointment or within such further time as the Minister may allow,

(a) inquire into the difference,

(b) endeavour to assist the parties in settling the difference, and

(c) report to the Minister on the results of the inquiry and the success of the settlement effort.

55.01(7)If a grievance mediator is not appointed under paragraph (4)(c), or if the parties are unable to settle the difference with the assistance of a grievance mediator appointed under paragraph (4)(c), the arbitrator appointed under paragraph (4)(a) shall

(a) proceed to hear and determine the matter arising out of the difference, and

(b) subject to subsection (8), issue to the parties and file with the Minister a decision within twenty-one days after the conclusion of the hearing.

55.01(8)If requested to do so by the parties to the difference, an arbitrator appointed under paragraph (4)(a) shall

(a) if possible, issue an oral decision within one day after the conclusion of the hearing, and

(b) issue to the parties and file with the Minister written reasons within twenty-one days after the conclusion of the hearing.

55.01(9)If the arbitrator does not issue a decision within the time referred to in paragraph (7)(b) or does not issue written reasons within the time referred to in paragraph (8)(b), the Minister may make such order as the Minister considers necessary to ensure that the decision or the written reasons will be issued without further undue delay.

55.01(10)The Minister may establish a list of approved arbitrators for the purpose of this section.

55.01(11)For the purpose of advising the Minister with respect to persons qualified to act as arbitrators and other matters related to arbitrations under this section, the Minister may appoint an advisory committee comprised of

(a) three members who, in the opinion of the Minister, are representative of employers,

(b) three members who, in the opinion of the Minister, are representative of employees, and

(c) one member who, in the opinion of the Minister, is not representative of either employers or employees, to be the chairperson of the advisory committee.

55.01(12)Where the Minister appoints an arbitrator under paragraph (4)(a), the parties to the difference shall each pay one-half of the remuneration and expenses of the arbitrator.

55.01(13)Where the Minister appoints an arbitrator under paragraph (4)(a), subsection 74(2) and sections 76, 77 and 78 shall apply with the necessary modifications.

1997, c.6, s.1

Technological change

55.1(1)Every collective agreement shall contain provisions regarding technological change which, without limiting the generality of the foregoing,

(a) define technological change,

(b) require the employer to give reasonable advance notice of technological change to the bargaining agent, and

(c) describe the contents of the notice.

55.1(2)Where a collective agreement does not contain such provisions as are mentioned in subsection (1), it shall be deemed to contain the following provision:

“The parties, being unable to agree upon provisions to be included in this agreement regarding technological change, agree upon notice in writing given by one party to the other party to submit their differences to arbitration before an arbitration board for final and binding settlement, without stoppage of work. The notice shall contain the name of the person appointed to the arbitration board by the party giving the notice. The party to whom the notice is given shall, within five days of receiving the notice, name the person whom it appoints to the arbitration board and shall advise the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. Where the party receiving the notice fails to appoint a member of the arbitration board, or where the two appointees of the parties fail to agree upon a chairman within the time limited, the Minister of Post-Secondary Education, Training and Labour for New Brunswick, upon the request of a party to the agreement, shall appoint a member on behalf of the party failing to make an appointment, or shall appoint the third member, as the case may be, and, where the case requires, shall appoint both. The arbitration board shall hear and determine the differences and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of the majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairman shall be the decision of the arbitration board.”

55.1(3)Subsections (1) and (2) do not apply if a provision of a collective agreement expressly states that a benefit, privilege, right or obligation was agreed to in lieu of the application of this section.

55.1(4)Where a dispute has been submitted to arbitration in accordance with subsection (2), sections 73 and 74, subsections 75(1) and (2), subsections 76(1) and (2), subsections 77(1) and (2), and subsections 79(4) to (10) apply mutatis mutandis and subsection 131(2) applies to the proceedings and award of the arbitration board as if the arbitration board were named in that subsection.

55.1(5)Subsections (1), (2), (3) and (4) do not apply to a collective agreement that is in effect on the day this section comes into force.

55.1(6)Subsection (5) does not apply after the day on which the collective agreement expires or after the day that is two years after the day this section comes into force, whichever occurs first.

55.1(7)For the purposes of subsections (5) and (6), “collective agreement” includes an arbitration award that is in effect but not incorporated into a collective agreement on the day this section comes into force.

55.1(8)This section does not apply to a collective agreement that is entered into in the construction industry.

1988, c.63, s.1; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89; 2007, c.10, s.50; 2017, c.63, s.29; 2019, c.2, s.72

Effect of collective agreements

56(1)There shall be only one collective agreement at a time between a trade union or council of trade unions and an employer or employers’ organization with respect to the employees in the bargaining unit defined in the collective agreement.

56(2)A collective agreement is, subject to and for the purposes of this Act, binding upon the employer and upon the trade union that is a party to the agreement whether or not the trade union is certified and upon the employees in the bargaining unit defined in the agreement.

56(3)A collective agreement between an employers’ organization and a trade union or council of trade unions is, subject to and for the purposes of this Act, binding upon the employers’ organization and each person who was a member of the employers’ organization at the time the agreement was entered into and on whose behalf the employers’ organization bargained with the trade union or council of trade unions as if it was made between each of such persons and the trade union or council of trade unions and upon the employees in the bargaining unit defined in the agreement and, if any such person ceases to be a member of the employers’ organization during the term of operation of the agreement, he shall, for the remainder of the term of operation of the agreement, be deemed to be a party to a like agreement with the trade union or council of trade unions, as the case may be.

56(4)A collective agreement between a certified council of trade unions and an employer is, subject to and for the purposes of this Act, binding upon each trade union that is a constituent union of such a council as if it had been made between each of such trade unions and the employer.

56(5)A collective agreement between a council of trade unions, other than a certified council of trade unions, and an employer or an employers’ organization is, subject to and for the purposes of this Act, binding upon the council of trade unions and each trade union that was a member of or affiliated with the council of trade unions at the time the agreement was entered into and on whose behalf the council of trade unions bargained with the employer or employers’ organization as if it was made between each of such trade unions and the employer or employers’ organization, and upon the employees in the bargaining unit defined in the agreement, and, if any such trade union ceases to be a member of or affiliated with the council of trade unions during the term of operation of the agreement, it shall, for the remainder of the term of operation of the agreement, be deemed to be a party to a like agreement with the employer or employers’ organization, as the case may be.

1971, c.9, s.57

Deemed provisions of collective agreements

57(1)Where a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate.

57(2)Where a collective agreement, or an arbitration award made under section 79 or 80, or a conciliation board award made under section 69, does not specify a commencement date, the agreement or award shall be deemed to commence on the first day of the month next following the month in which the agreement is executed or the award is made, as the case may be, and a collective agreement incorporating any such award shall be deemed to commence on the date of the commencement of the award.

57(3)Notwithstanding subsection (2), the parties may, before or after a collective agreement has ceased to operate, agree to continue its operation or any of its provisions for a period of less than one year while they are bargaining for its renewal or revision or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit.

57(4)Where a collective agreement is for a term longer than one year, the agreement shall contain or be deemed to contain a provision for the termination of the agreement

(a) at any time after the first year, by consent of the parties to the agreement, or

(b) at the end of the final year of the term of the agreement, by not less than two months’ notice given in writing by either party to the agreement before the end of the final year of the term of the agreement.

57(5)Subject to subsection (4), a collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or before it may be terminated under the provisions of this Act without the consent of the Board on the joint application of the parties.

57(6)Notwithstanding anything in this section, where an employer joins an employers’ organization, other than an accredited employers’ organization, that is a party to a collective agreement with a trade union or council of trade unions and he agrees with the trade union or council of trade unions to be bound by the collective agreement between the trade union or council of trade unions and the employers’ organization, the agreement ceases to be binding upon the employer and the trade union or council of trade unions at the same time as the agreement between the employers’ organization and the trade union or council of trade unions ceases to be binding.

57(7)Nothing in this section prevents the revision by consent of the parties at any time of any provision of a collective agreement other than a provision relating to the term of operation.

1971, c.9, s.58

SUCCESSOR RIGHTS

Transfer of union rights

58(1)Where a trade union or council of trade unions claims that by reason of a merger or amalgamation or a transfer of jurisdiction it is the successor of a trade union or council of trade unions that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent of a unit of employees of an employer and any question arises in respect of its right to act as the successor, the Board, in any proceeding before it or on the application of any person or trade union concerned, may declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under this Act of its predecessor, or the Board may dismiss the application.

58(2)Before issuing a declaration under subsection (1), the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary, or take or supervise the taking of such votes as it deems expedient to direct, and the Board may prescribe the nature of the evidence to be furnished to the Board.

58(3)Where the Board makes an affirmative declaration under subsection (1), the successor shall for the purposes of this Act be conclusively presumed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise, and the employer, the successor and the employees concerned shall recognize such status in all respects.

1971, c.9, s.59

Transfer of employers’ organization rights

59(1)Where an employers’ organization claims that by reason of a merger or amalgamation it is the successor of an employers’ organization, other than an accredited employers’ organization, that at the time of the merger or amalgamation represented employers in collective bargaining with a bargaining agent or as a party to a collective agreement, the Board, in any proceedings before it or on the application of any person or employer concerned, may declare that the successor has or has not, as the case may be, acquired the rights, privileges and duties under this Act of its predecessor, or the Board may dismiss the application.

59(2)Before issuing a declaration under subsection (1), the board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary, or take or supervise the taking of such votes as it deems expedient to direct and the Board may prescribe the nature of the evidence to be furnished to the Board.

59(3)Where the Board makes an affirmative declaration under subsection (1), the successor shall, for the purposes of this Act, be conclusively presumed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise, and the trade union or council of trade unions, the successor and the employees concerned shall recognize such status in all respects.

1971, c.9, s.60

Sale of employers’ business

60(1)In this section

“business” includes a part or parts thereof;(entreprise)

“sells” includes leases, transfers and any other manner of disposition, and “sold” and “sale” have corresponding meanings.(vend)

60(2)Where an employer who is bound by or is a party to a collective agreement with a trade union or council of trade unions sells his business, the person to whom the business has been sold is, until the Board otherwise declares, bound by the collective agreement as if he had been a party thereto and, where an employer sells his business while an application for certification or termination of bargaining rights to which he is a party is before the Board, the person to whom the business has been sold is, until the Board otherwise declares, the employer for the purposes of the application as if he were named as the employer in the application.

60(3)Where an employer on behalf of whose employees a trade union or council of trade unions, as the case may be, has been certified as bargaining agent or has given or is entitled to give notice under section 32, sells his business, the trade union or council of trade unions continues, until the Board otherwise declares, to be the bargaining agent for the employees of the person to whom the business was sold in the like bargaining unit in that business, and the trade union or council of trade unions is entitled to give to the person to whom the business was sold a written notice of its desire to bargain with a view to making a collective agreement and such notice has the same effect as a notice under section 32.

60(4)Where a business was sold to a person and a trade union or council of trade unions was the bargaining agent of any of the employees in such business, or a trade union or council of trade unions is the bargaining agent of the employees in any business carried on by the person to whom the business was sold, and

(a) any question arises as to what constitutes the like bargaining unit referred to in subsection (3), or

(b) any person, trade union or council of trade unions claims that, by virtue of the operation of subsection (2) or (3), a conflict exists between the bargaining rights of the trade union or council of trade unions that represented the employees of the predecessor employer and the trade union or council of trade unions that represents the employees of the person to whom the business was sold, or between collective agreements,

the Board may, upon the application of any person, trade union or council of trade unions concerned,

(c) define the composition of the like bargaining unit referred to in subsection (3) with such modification, if any, as the Board deems necessary,

(d) amend, to such extent as the Board deems necessary, any bargaining unit in any certificate issued to any trade union or any bargaining unit defined in any collective agreement, and

(e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate.

60(5)The Board may, upon the application of any person, trade union or council of trade unions concerned, made within ninety days after the successor employer referred to in subsection (2) becomes bound by the collective agreement, or within ninety days after the trade union or council of trade unions has given a notice under subsection (3), terminate the bargaining rights of the trade union or council of trade unions bound by the collective agreement or that has given notice, as the case may be, if, in the opinion of the Board, the person to whom the business was sold has changed its character so that it is substantially different from the business of the predecessor employer.

60(6)Notwithstanding subsections (2) and (3), where a business was sold to a person who carries on one or more other businesses and a trade union or council of trade unions is the bargaining agent of the employees in any of the businesses and such person intermingles the employees of one of the businesses with those of another of the businesses, the Board may, upon the application of any person, trade union or council of trade unions concerned,

(a) declare that the person to whom the business was sold is no longer bound by the collective agreement referred to in subsection (2),

(b) determine whether the employees concerned constitute one or more appropriate bargaining units,

(c) declare which trade union, trade unions or council of trade unions, if any, shall be the bargaining agent or agents for the employees in such unit or units,

(d) amend, to such extent as the Board deems necessary, any certification issued to any trade union or any bargaining unit defined in any collective agreement, and

(e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate.

60(7)Where a trade union or council of trade unions is declared to be the bargaining agent under subsection (6) and it is not already bound by a collective agreement with the successor employer with respect to the employees for whom it is declared to be the bargaining agent, it is entitled to give to the employer a written notice of its desire to bargain with a view to making a collective agreement, and such notice has the same effect as a notice under section 32.

60(8)Before disposing of any application under this section, the Board may make or cause to be made such examination of records or other inquiries, including the holding of hearings, as it deems necessary, or take or supervise the taking of such votes as it deems necessary, and the Board may prescribe the nature of the evidence to be furnished to the Board.

60(9)Where an application is made under this section, an employer is not required, notwithstanding that a notice has been given by a trade union or council of trade unions, to bargain with that trade union or council of trade unions concerning the employees to whom the application relates until the Board has disposed of the application and has declared which trade union or council of trade unions, if any, has the right to bargain with the employer on behalf of the employees concerned in the application.

60(10)For the purposes of sections 10, 11, 23, 24, 30 and 42, a notice given by a trade union or council of trade unions under subsection (3) or a declaration made by the Board under subsection (6) has the same effect as a certification under section 14.

60(11)When under the Local Governance Act or any other Act two or more local governments are amalgamated, the employees of those local governments shall be deemed to have been intermingled, and in such case or when, as a result of the decrease of the territorial limits of one local government related to an annexation to another local government, there is an intermingling of one or more employees of one local government with the employees of the other,

(a) the Board may exercise the like powers as it may exercise under subsections (6) and (8) with respect to the sale of a business under this section,

(b) the new or enlarged local government has the like rights and obligations as a person to whom a business is sold under this section and who intermingles the employees of one of his businesses with those of another of his businesses, and

(c) any trade union or council of trade unions concerned has the like rights and obligations as it would have in the case of the intermingling of employees in two or more businesses under this section.

60(12)Subject to subsection (11), when under the Local Governance Act or any other Act a village or town is incorporated as a town or city, as the case may be, or the territorial limits of a local government are enlarged by an annexation or decreased, the local government created by the incorporation, annexation or decrease in territorial limits is, for the purposes of this Act, the same person as the local government that existed before the incorporation, annexation or decrease in territorial limits.

60(13)Where, on any application under this section or in any other proceeding before the Board, a question arises as to whether a business has been sold by one employer to another, the Board shall determine the question and its decision thereon is final and conclusive for the purposes of this Act.

60(14)This section does not apply in respect of the sale of business before April 1, 1972, and, where a question arises as to whether a business has been sold by one employer to another for purposes of the application of this subsection, the Board shall determine the question and its decision thereon is final and conclusive.

60(15)Repealed: 2017, c.20, s.82

1971, c.9, s.61; 1998, c.E-1.111, s.46; 2005, c.7, s.35; 2017, c.20, s.82

DISPUTE SETTLEMENT PROCEDURES

Conciliation Officer

61(1)Where a conciliation officer has been instructed under section 36 to confer with parties engaged in collective bargaining or any dispute, he shall, within fourteen days after being so instructed, or within such longer period as the Minister may from time to time allow, make a report to the Minister setting out

(a) the matters, if any, upon which the parties have agreed,

(b) the matters, if any, upon which the parties cannot agree,

(c) any other matter that in his opinion is material or relevant or should be brought to the attention of the Minister, and

(d) his opinion as to the advisability of appointing a conciliation board with a view to effecting a collective agreement.

61(2)A conciliation officer shall, in such manner as he thinks fit, expeditiously and carefully inquire into the dispute and all matters affecting the merits and just settlement thereof and he may fix the time and place for meetings and notify the parties as to the time and place so fixed.

61(3)When a conciliation officer has made a report under subsection (1), the Minister shall forthwith inform the parties that the report has been made and shall state the date on which it was made.

1971, c.9, s.62

Conciliation Board – appointment

62(1)A board of conciliation appointed under section 36 shall consist of three members appointed in the manner provided in this section.

62(2)Where the Minister has decided to appoint a conciliation board, he shall forthwith, by notice in writing, require each of the parties, within seven days after receipt by the party of the notice, to nominate one person to be a member of the conciliation board, and upon receipt of the recommendations or upon the expiration of the seven-day period, the Minister shall appoint two members who, in his opinion, are representative of the different points of view of the respective parties.

62(3)The two members appointed under subsection (2) shall, within five days after the day on which the second of them is appointed, nominate a third person to be a member and chairman of the conciliation board, and the Minister shall, upon receipt of the recommendation or upon the expiration of the five-day period, appoint a third person to be a member and chairman of the conciliation board.

62(4)When the conciliation board has been appointed, the Minister shall forthwith notify the parties of the names of the members of the board and thereupon the board shall be deemed to have been constituted or established.

62(5)Where the Minister has given notice to parties that a conciliation board has been appointed under this Act, it shall be conclusively presumed that the conciliation board described in such notice has been established in accordance with the provisions of this Act, and no order shall be made or process entered or proceedings taken in any court, whether by way of injunction, judicial review, or otherwise, to question the granting of the conciliation board or the appointment of any of its members, or to review, prohibit or restrain any of its proceedings.

62(6)No person shall act as a member of a conciliation board who has any pecuniary interest in the matters referred to the board or who is acting, or has, within a period of six months preceding the date of his appointment, acted in the capacity of solicitor, legal adviser, counsel, or paid agent of either of the parties.

1971, c.9, s.63; 1986, c.4, s.26

Conciliation Board – substitutes

63(1)Upon a person ceasing to be a member of a conciliation board by reason of his resignation or death before it has completed its work, the Minister shall appoint a member in his place who shall be selected in the manner prescribed by subsection 62(2) or (3) for the selection of the person who has so ceased to be a member.

63(2)Where, in the opinion of the Minister, a member of a conciliation board has failed to enter on his duties so as to enable it to report to the Minister within a reasonable time after its appointment, the Minister may appoint a member in his place after consulting the party whose point of view was represented by such person.

63(3)Where the chairman of a conciliation board is unable to enter on his duties so as to enable it to report to the Minister within a reasonable time after the appointment of the board, he shall advise the Minister of his inability and the Minister may appoint a person to act as chairman in his place.

1971, c.9, s.64

Conciliation Board – oath or affirmation

64Each member of a conciliation board, before acting as such, shall

(a) take and subscribe the following oath, or

(b) make and subscribe the following affirmation,

before a person authorized to administer an oath or affirmation, and file the oath or affirmation with the Minister:

I do solemnly swear (or affirm) that I am not disqualified under the Industrial Relations Act from acting as a member of a conciliation board and that I will faithfully, truly and impartially to the best of my knowledge, skill and ability, fulfil and perform the duties which devolve upon me under the Industrial Relations Act by reason of my duties as ________________ and that I will not, except in the discharge of my duties, disclose to any person any of the evidence or the matter brought before the said board. (In the case where an oath is taken add “So help me God”)

1971, c.9, s.65; 1983, c.4, s.10

Conciliation Board – statement of Minister

65When the Minister has appointed a conciliation board, he shall forthwith deliver to it a statement of the matters referred to it, and may, either before or after the making of its report, amend or add to such statement.

1971, c.9, s.66

Conciliation Board – procedure

66(1)A conciliation board shall, forthwith upon the appointment of the chairman thereof, endeavour to bring about agreement between the parties in relation to the matters referred to it.

66(2)Except as otherwise provided in this Act, a conciliation board may determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations.

66(3)The chairman may, after consultation with the other members of the board, fix the time and place of sittings of a conciliation board and notify the parties as to the time and place so fixed.

66(4)The chairman of a conciliation board shall in writing, immediately upon the conclusion of its first sitting, inform the Minister of the date on which the sitting was held.

66(5)The chairman and one other member of a conciliation board constitute a quorum, but in the absence of a member, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.

66(6)The decision of a majority of the members present at a sitting of a conciliation board shall be the decision of the conciliation board but, if there is no majority, the decision of the chairman shall be the decision of the conciliation board.

66(7)The chairman shall forward to the Minister a detailed certified statement of the sitting of the board, and of the members and witnesses present at each sitting.

66(8)The report of the majority of the members is the report of the conciliation board.

1971, c.9, s.67

Conciliation Board – powers

67(1)A conciliation board has the power of summoning before it any witnesses and of requiring them to give evidence on oath, or if they are persons entitled to affirm in civil matters, on affirmation, and orally or in writing, and to produce such documents and things as the conciliation board deems requisite to the full investigation and consideration of the matters referred to it.

67(2)A conciliation board has the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of record in civil cases.

67(3)Any member of a conciliation board may administer an oath or affirmation, and the conciliation board may receive and accept evidence on oath or affirmation, affidavit or otherwise as in its discretion the board may deem fit and proper, whether admissible as evidence in a court of law or not.

67(4)A conciliation board, or a member thereof, or any person who has been authorized for such purpose in writing by a conciliation board, may, without any other warrant than this section, at any time, enter a building, ship, vessel, factory, workshop, place or premises of any kind where work is being or has been done or commenced by employees or in which an employer carries on business or any matter or thing is taking place or has taken place, concerning the matters referred to the conciliation board, and may inspect and view any work, material, machinery, appliance or article therein, and interrogate any person in or upon any such place, matter or thing hereinbefore mentioned; and no person shall hinder or obstruct the board, member or any person authorized by the board, in the exercise of a power conferred by this subsection or refuse to answer an interrogation made.

1971, c.9, s.68

Conciliation Board – report

68(1)A conciliation board shall, within fourteen days after the appointment of the chairman of the board, report its findings and recommendations to the Minister.

68(2)The period mentioned in subsection (1) may be extended

(a) for a further period not exceeding thirty days, by agreement of the parties or by the Minister, or

(b) for such further period beyond the period fixed in paragraph (a) by agreement of the parties or by the Minister.

68(3)Where a conciliation board is unable to report within the time allowed under subsection (1) or (2), the chairman shall notify the Minister in writing that there has been no agreement or that the board is unable to report, as the case may be, and in any such case, subject to subsection (2), the notification constitutes the report of the board.

68(4)When a conciliation board has made its report, the Minister may direct it to clarify or amplify any part of the report, and the chairman shall, upon receipt of the request, reconvene the board, and the report shall be deemed not to have been received by the Minister until it has been so clarified or amplified.

68(5)When the report of the conciliation board is received, the Minister, subject to subsection (4), shall forthwith send a copy thereof to each of the parties.

68(6)The Minister may require each party to whom a copy of a report is sent pursuant to subsection (5) to notify the Minister in writing, within the time prescribed in subsection 93(2) or forthwith on the expiration of the period, subject to such extension as may be allowed, whether the recommendations contained in the report have been accepted or rejected wholly or in part, and which recommendations, if any, have been rejected.

1971, c.9, s.69

Conciliation Board – recommendations

69(1)Where a conciliation board has been appointed and at any time, before or after it has made its report, the parties so agree in writing, the recommendations of the conciliation board are binding on the parties and they shall give effect thereto.

69(2)An agreement to be bound by the recommendations of a conciliation board under subsection (1) is effective when filed with the Minister or when filed with the board for transmission to the Minister.

69(3)Where the Minister is requested to appoint a conciliation board, if all the parties bargaining collectively offer or undertake in writing to be bound by, and give effect to, the recommendations of the conciliation board, each of those parties is bound by, and shall give effect to, the recommendations of the conciliation board if it is appointed.

69(4)An award under this section may be retroactive to the date of appointment of a conciliation officer or mediator, or to such earlier or later date as may be fixed in the award of the conciliation board, as the case may be, but in no case shall the award be retroactive, where no collective agreement was in operation, to a day before the day on which notice to bargain collectively was given by either party, or, where a collective agreement was in operation, before the expiration date of the agreement or the expiration date of a provision therein subject to revision under the agreement.

69(5)Where the parties agree to be bound under this section by the report of a conciliation board before the board has reported, subsection 77(2) and subsections 79(4) to (6) and (8) to (10) shall apply mutatis mutandis and subsection 131(2) shall apply to the proceedings and the award of the conciliation board as if such board were named therein.

1971, c.9, s.70

Mediator

70(1)Where the Minister is authorized to appoint a conciliation officer, the Minister may appoint a mediator at any time before he has appointed a conciliation board or before he has informed the parties that he does not deem it advisable to appoint a conciliation board.

70(2)Where the Minister has appointed a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is thereby terminated.

70(3)Where a mediator is appointed under this section, he shall forthwith confer with the parties and endeavour to effect a collective agreement.

70(4)Section 61 applies mutatis mutandis to a mediator and a mediator has all the powers of a conciliation board or a member thereof under section 67.

70(5)The report of a mediator has the same effect as the report of a conciliation officer.

70(6)Where a mediation officer is directed to report under subsection 71(3), the mediation officer is a mediator within the meaning of and for the purposes of this section.

1971, c.9, s.71

Mediation officer

71(1)Notwithstanding any provision of this Act, the Minister may at any time appoint a person as a mediation officer when he is satisfied that the appointment of a mediation officer may bring about settlement of a dispute or prevent a dispute.

71(2)It shall be the function of a mediation officer appointed under this section to investigate the causes of an existing or potential dispute, to attempt to bring about a settlement of the dispute or to prevent the dispute, and to assist a trade union and employer in the development of effective labour-management relations.

71(3)When a mediation officer is unable to effect a settlement of the dispute and the Minister has not appointed a conciliation board or informed the parties that he does not deem it advisable to appoint a conciliation board, the mediation officer shall, at the direction of the Minister, make a report in accordance with section 61 and the report shall be deemed to be the report of a conciliation officer for the purposes of this Act.

71(4)A mediation officer appointed under this section shall have all of the powers of a mediator appointed under section 70.

71(5)A mediation officer appointed under this section shall make a report to the Minister, but, except as provided in subsection (3), the appointment of a mediation officer under this section does not affect any right to strike or lock-out.

1971, c.9, s.72

Failure to report within time provided in Act

72The failure of a conciliation officer, or mediator, or a mediation officer or conciliation board to report to the Minister within the time provided in this Act shall not invalidate the proceedings of the conciliation officer, mediator, mediation officer or conciliation board or terminate the authority of the conciliation officer, mediator, mediation officer, or conciliation board.

1971, c.9, s.73

Arbitration proceeding

73(1)Where, in any arbitration proceeding under the provisions of section 55, an arbitrator appointed by the parties, or an arbitrator appointed by or deemed to be appointed by a party, or a chairman appointed by the arbitrators appointed by the parties or deemed to be appointed by them, refuses to act or is incapable of acting or dies, any party may serve the other party or the arbitrators, as the case may be, with a written notice to appoint an arbitrator or a chairman within the time, if any, specified in the collective agreement for filling the vacancy, or within seven days if no time or provision is so prescribed, and, on the failure of an appointment to be made within the required time, a request may be made under subsection (2).

73(2)Where there is failure to appoint an arbitrator or to constitute an arbitration board under a collective agreement or under the provisions of section 55, the Minister, upon the request of either party, may appoint the arbitrator or make such appointments as are necessary to constitute the arbitration board, as the case may be, and any person so appointed by the Minister shall be deemed to have been appointed in accordance with the collective agreement, the provisions of section 55, or subsection (1).

73(3)Where the Minister has appointed an arbitrator or the chairman of an arbitration board under subsection (2), each of the parties shall pay one-half the remuneration and expenses of the person appointed, and, where the Minister has appointed a member of an arbitration board under subsection (2), on the failure of one of the parties to make an appointment, that party shall pay the remuneration and expenses of the person appointed.

73(3.1)Except where a collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, notwithstanding the expiration of such time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

73(3.2)Where a difference has been submitted to arbitration under a collective agreement or under the provisions of section 55 and a party to the arbitration complains to the Minister that the arbitrator or the arbitration board, as the case may be, has failed to render a decision within a reasonable time, the Minister may, after consulting the parties and the arbitrator or the arbitration board, issue whatever order he considers necessary in the circumstances to ensure that a decision will be rendered in the matter without further undue delay.

73(4)Where a vacancy is filled under subsection (1) or (2) and the vacancy occurred after the commencement of the hearings in an arbitration proceeding, the hearings need not be recommenced or repeated where a transcript has been taken, but, on request made by any party to the proceedings, or in any case where the arbitrator or arbitration board deems it advisable to do so, the arbitrator or the board may in its discretion rehear the matter in whole or in part.

1971, c.9, s.74; 1985, c.51, s.8; 1987, c.6, s.43

Eligibily re arbitrator, chairman or member of arbitration board, oath or affirmation of arbitrator

74(1)Any person is eligible to be appointed an arbitrator, or chairman or member of an arbitration board, in any arbitration proceeding under the provisions of section 55, but no person shall serve who is directly affected by the matter in arbitration or who has been involved in an attempt to negotiate or settle the matter.

74(2)Every arbitrator in any arbitration proceeding under the provisions of section 55, before proceeding to try the matter in arbitration, shall

(a) take and subscribe the following oath, or

(b) make and subscribe the following affirmation,

before a person authorized to administer an oath or affirmation, and file the oath or affirmation with the Minister:

I do solemnly swear (or affirm) that I am not disqualified under the Industrial Relations Act from acting as an arbitrator and that I will faithfully, truly and impartially to the best of my knowledge, skill and ability, fulfil and perform the duties which devolve upon me as _____________________________ in the matter of an arbitration between ________________________ and ______________________. (In the case where an oath is taken add “So help me God”)

1971, c.9, s.75; 1983, c.4, s.10

Award of arbitrator or arbitration board

75(1)Where a difference has been submitted to arbitration under the provisions of section 55, the arbitrator or the arbitration board shall proceed with and complete the arbitration as expeditiously as possible, having regard to the interest of the parties, and shall make an award within three months after the date of the appointment of the arbitrator or the constitution of the arbitration board, or within three months after the date of an appointment or a reconstitution of a board on the filling of a vacancy, but the time for making an award may, from time to time, be extended by agreement of the parties, whether the time for making the award has expired or not, and a failure to make an award within the time expressed or as extended shall not invalidate the proceedings or terminate the authority of the arbitrator or the arbitration board, as the case may be.

75(2)Subsection (1) applies mutatis mutandis to an arbitration in the construction industry but an award shall be made within five days from the termination of hearings, if such time is less than the time provided in subsection (1), subject, from time to time, to such extension as may be agreed upon by the parties or, in the absence of agreement, as the Minister may approve, whether the time for making the award has expired or not.

75(3)Notwithstanding that the term of a collective agreement has expired, the provisions thereof and of sections 55 and 55.01 for the final settlement without stoppage of work by arbitration or otherwise, of all differences concerning the interpretation, application, administration or an alleged violation of the agreement, including any question as to whether a matter is arbitrable, continue in force after the expiry of the term, where a notice has been given under section 33, until the date when one of the conditions, whichever occurs first, prescribed in subsection 91(2), for a strike or lock-out is met.

75(4)Nothing in subsection (3) shall be interpreted to preclude or affect the jurisdiction of an arbitrator or arbitration board to render an award, that might otherwise be rendered, in any matter that arose before the date mentioned in subsection (3).

1971, c.9, s.76; 1997, c.6, s.2

Powers of arbitrator or arbitration board

76(1)The arbitrator or the arbitration board, as the case may be, in any proceeding under the provisions of section 55, has power

(a) to summon and enforce the attendance of witnesses and to compel them to give evidence in the same manner as a court of record in civil cases, orally or in writing, and to produce such documents and do all other things that, during the proceedings, the arbitrator or arbitration board may require,

(b) to administer oaths and affirmations of witnesses,

(c) to enter any premises where work is being done or has been done or commenced by the employees, in which the employer carried on business, or where anything is taking place or has taken place concerning any of the differences submitted to him or it, and to inspect and view any work, material, machinery, appliance or article therein, and interrogate any person in the presence of the parties or their representatives respecting any such thing or any of such differences,

(d) to authorize any person to do any things that the arbitrator or arbitration board may do under paragraph (c) and report to the arbitrator or arbitration board thereon,

(e) to receive and accept any relevant evidence whether admissible in evidence in a court of law or not, and

(f) to correct in any award any clerical mistake, error or omission.

76(2)Any arbitrator or member of an arbitration board may administer an oath or take an affirmation under this section.

76(3)The arbitrator or the arbitration board by his or its decision in a proceeding under the provisions of section 55 shall not alter, amend or change the terms of the collective agreement.

76(4)Notwithstanding anything in the collective agreement, where the arbitrator or the arbitration board in a proceeding under the provisions of section 55 determines that an employee has been discharged or otherwise disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator or the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitrator or arbitration board seems just and reasonable in all the circumstances.

76(5)Notwithstanding anything in the agreement or in this Act, the arbitrator or the arbitration board in a proceeding under the provisions of section 55 may reserve jurisdiction on any matter of compensation or on any matter relating to the application of an award, and, with respect to any matter so reserved, the award shall be deemed not to have been made until a notification is received of settlement by the parties and incorporated in an award or a final disposition of the matter is made in an award.

1971, c.9, s.77

Repealed

76.1Repealed: 1988, c.64, s.2

1987, c.41, s.25; 1988, c.64, s.2

Decision of arbitrator or arbitration board

77(1)The decision of the arbitrator or of the arbitration board, in any proceeding under the provisions of section 55, is binding

(a) upon the parties,

(b) in the case of a collective agreement between a trade union and an employers’ organization, upon the employers covered by the agreement who are affected by the decision,

(c) in the case of a collective agreement between a council of trade unions and an employer or an employers’ organization, upon the members or affiliates of the council and the employer or the employees covered by the agreement, as the case may be, who are affected by the decision, and

(d) upon the employees covered by the agreement who are affected by the decision,

and such parties, employers, trade unions and employees shall do or abstain from doing anything required of them by the decision.

77(2)No award within subsection (1) shall be invalidated from any want of form or other technical objection if the requirements of this Act have been complied with.

77(3)Where a party, employer, employers’ organization, trade union, council of trade unions, or employee has failed to comply with any of the terms of the decision of the arbitrator or of the arbitration board within subsection (1), any party, employer, employers’ organization, trade union, council of trade unions or employee affected by the decision may, after the expiration of fourteen days from the date of the release of the decision or the date provided in the decision for compliance, whichever is later, file a copy of the decision, exclusive of the reasons therefor, in the prescribed form, in The Court of King’s Bench of New Brunswick, whereupon the decision shall be entered as a judgment or order of that Court and is enforceable as such.

1971, c.9, s.78; 1979, c.41, s.65; 1980, c.32, s.12; 2023, c.17, s.110

Powers of Court re arbitration

78(1)Where, in any proceeding under the provisions of section 55,

(a) an arbitrator has misconducted himself or the proceedings, the Court may remove him,

(b) an arbitrator has misconducted himself or the proceedings, or an arbitration or award has been improperly procured, the Court may set the award aside,

(c) an arbitrator or an arbitration board has decided that a question is arbitrable and an award was made by an arbitrator or arbitration board determining that question, the Court may, if in its opinion the question was not arbitrable, set the award aside,

(d) an arbitrator or arbitration board has decided that a question is not arbitrable, the Court may, if in its opinion the question was arbitrable, order that the question be tried by the arbitrator or arbitration board, and

(e) an arbitrator or arbitration board so desires or is so directed by the Court, the arbitrator or arbitration board shall state

(i) any question of law arising in the course of the arbitration, or

(ii) an award or any part of an award,

in the form of a stated case for the decision of the Court.

78(2)Where the Court has removed any arbitrator, it may, notwithstanding the expiration of any time limits under section 75 or the collective agreement, order that another person be appointed in the same manner as provided for the appointment of the arbitrator so removed and direct that the person or arbitration board hear and determine the difference and issue and award.

78(3)Where the Court has set aside the award of an arbitrator or arbitration board pursuant to paragraph (1)(b), it may, notwithstanding the expiration of any time limits under section 75 or the collective agreement, order that another person or persons be appointed as the arbitrator or arbitration board in the same manner as provided for the appointment of the arbitrator or arbitration board to hear and determine the difference and to issue an award.

78(4)Where the Court has ordered a question to be tried pursuant to paragraph (1)(d), the time limits under section 75 for an award shall apply from the date of the order.

78(5)When an application is made for an order direction or decision of the Court under paragraph (b), (c), (d) or sub-paragraph (1)(e)(ii) or a direction is made under paragraph (e) thereof, the Court, pending disposition of the application, may suspend the operation or enforcement of an award in whole or in part, or make such other direction as to compliance or enforcement as may be required.

1971, c.9, s.79

Agreement to be bound by award, award

79(1)Where an employer or employers’ organization and a bargaining agent have bargained collectively with a view to the making of a collective agreement, or the renewal or revision of an agreement or the making of a new agreement, but have failed to reach agreement, the parties may, by agreement in writing to be bound by an award, submit their differences to arbitration before an arbitrator or arbitration board.

79(2)An agreement to be bound by an award made under subsection (1) is effective when filed with the Minister.

79(3)On the filing of an agreement to arbitrate under subsection (1) or on submitting the difference to an arbitrator or an arbitration board under subparagraph 36.1(5)(b)(ii), subsections 55(2) to (5), section 73 and 74, subsections 75(1) and (2), subsections 76(1) and (2) and subsections 77(1) and (2) shall apply with the necessary modifications and subsection 131(2) shall apply to the proceedings and award of the arbitrator or arbitration board as if the arbitrator or arbitration board were named therein.

79(4)The arbitrator or arbitration board appointed or constituted under this section shall endeavour to bring about a settlement of the differences between the bargaining agent and the employer and to formulate an agreement which, upon being entered into by the parties, shall be a collective agreement under this Act.

79(5)Where the arbitrator or arbitration board is unsuccessful in formulating an agreement satisfactory to both parties, and after considering the matters of difference together with any other matter considered necessarily incidental to a resolution of the matters of difference, the arbitrator or arbitration board shall render an award in respect thereto.

79(6)An award made under subsection (5) shall not include any matter to which the parties agreed under subsection (4) and shall, whenever possible, be made in a form

(a) susceptible of being

(i) read and interpreted with, or

(ii) annexed to and published with

any collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the award applies, and

(b) susceptible of enabling its incorporation into and implementation by directions or other instruments that may be required to be made or issued by the employer or employers’ organization or the bargaining agent in respect thereof.

79(7)An award under subsection (5) may be retroactive to a day prior to the day on and from which it becomes binding on the parties but in no case shall the award be retroactive, where no collective agreement was in operation, to a day before the day on which notice to bargain collectively was given by either party, or, where a collective agreement was in operation, before the expiration date of the agreement or the expiration date of a provision therein subject to revision under the agreement.

79(8)The arbitrator or arbitration board shall, in respect of every award made under subsection (5), determine and specify therein the term for which the award shall be operative and, in making its determination, he or it shall take into account,

(a) where a collective agreement applicable to the bargaining unit is in effect or has been entered into but is not yet in effect, the term of that collective agreement, and

(b) where no collective agreement applying to the bargaining unit has been entered into,

(i) the term of any previous agreement that applied to the bargaining unit, or

(ii) the term of any other collective agreement that to the arbitrator or arbitration board appears relevant,

but no award, in the absence of the application thereto of any criterion referred to in paragraph (a) or (b), shall be for a term of less than one year or more than three years from the day on and from which it becomes binding on the parties.

79(9)Where an award is made under subsection (5) and it appears to a party bound by the award that the arbitrator or arbitration board has failed to deal with any matter of difference, or that a term of the award requires clarification, such party may, within seven days after the release of the award, request the arbitrator or arbitration board to reconvene and, upon any such request, the arbitrator or arbitration board shall reconvene and deal with the matter of the request in the same manner as in the case of a difference between the parties initially before the arbitrator or arbitration board.

79(10)An award under subsection (5), subject to subsection (9), shall forthwith be incorporated into a collective agreement and subsections 37(3), (5) and (6) apply mutatis mutandis and, until so incorporated, the award, subject to subsection 57(2), shall have the effect of a collective agreement for the purposes of this Act.

1971, c.9, s.80; 2017, c.44, s.2

Arbitration re firefighters and police officers

2020, c.32, s.1

80(1)When persons are employed full time by a local government as members of a fire department and are represented for the purposes of collective bargaining by a trade union that has the exclusive authority to bargain collectively on their behalf only with the local government that is the employer of the fire fighters, and if

(a) collective bargaining has been carried on between the local government that is the employer of the fire fighters and the bargaining agent of the fire fighters,

(b) a conciliation officer or a mediator appointed under section 70 has failed to bring about agreement between the parties, and

(c) the Minister is satisfied that the collective bargaining has been carried on in good faith but that it is unlikely that the parties will agree, within a reasonable time, to the making of a collective agreement or the renewal or revision of an existing agreement or the making of a new agreement,

1the Minister shall, on the application of either party, authorize the constitution of an arbitration board, or the appointment of an arbitrator if the parties so request, to deal with the dispute and to formulate a collective agreement or the renewal or revision of an existing agreement or a new agreement between the parties.

80(1.1)When police officers are employees, within the meaning of subsection 1(3), (3.1) or (3.11), of a local government or a board of police commissioners and are represented for the purposes of collective bargaining by a trade union that has the exclusive authority to bargain collectively on their behalf with the local government or the board of police commissioners that is, within the meaning of subsection 1(3), (3.1) or (3.11), the employer of the police officers, and if

(a) collective bargaining has been carried on between

(i) the local government or the board of police commissioners that is, for the purposes of this Act, the employer of the police officers, and

(ii) the bargaining agent of the police officers,

(b) a conciliation officer or a mediator appointed under section 70 has failed to bring about agreement between the parties, and

(c) the Minister is satisfied that collective bargaining has been carried on in good faith but that it is unlikely that the parties will agree, within a reasonable time, to the making of a collective agreement or the renewal or revision of an existing agreement or the making of a new agreement,

the Minister shall, on the application of either party, authorize the constitution of an arbitration board, or the appointment of an arbitrator if the parties so request, to deal with the dispute and to formulate a collective agreement or the renewal or revision of an existing agreement or a new agreement between the parties.

80(2)The Minister, when he has authorized the appointment of an arbitrator or the constitution of an arbitration board under subsection (1) or (1.1), shall forthwith notify the parties.

80(3)Upon a notification under subsection (2), subsections 79(3) to (10) apply mutatis mutandis.

80(3.1)Repealed: 2017, c.20, s.82

80(4)Repealed: 1988, c.64, s.3

80(5)Repealed: 1988, c.64, s.3

80(6)In rendering an arbitral award under this section, the arbitrator or arbitration board shall take into consideration the following factors, and any other factors that the arbitrator or arbitration board considers relevant, for the period in which the award will apply:

(a) a comparison of the percentage adjustments in the wages and benefits, resulting from collective bargaining or arbitral awards, of,

(i) when the employer is a local government, other unionized employees of that local government, or,

(ii) when the employer is a board of police commissioners, the unionized employees of the municipality that approved its establishment under section 7 of the Police Act or those of the municipalities that are party to an agreement under section 17.1 of that Act;

(b) a comparison of the wages and benefits, resulting from collective bargaining or arbitral awards, of firefighters or police officers, as the case may be, employed by comparable employers in the Province, considering the relative fiscal and economic health,

(i) when the employer is a local government, of that local government, or,

(ii) when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the Police Act;

(c) if it is not possible to make a comparison under paragraph (b) and there are no comparators with any employer in the Province, a comparison of the wages and benefits resulting from collective bargaining or arbitral awards of firefighters or police officers, as the case may be, employed by comparable employers in the Province of Nova Scotia, the Province of Prince Edward Island or the Province of Newfoundland and Labrador, considering the relative fiscal and economic health of the employer concerned;

(d) a comparison of the percentage adjustments in the wages and benefits, resulting from collective bargaining or arbitral awards, of unionized employees in bargaining units to which the Public Service Labour Relations Act applies;

(e) the fiscal and economic health,

(i) when the employer is a local government, of that local government, or,

(ii) when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the Police Act;

(f) the fiscal and economic health of the Province;

(g) the employer’s ability to pay, considering the fiscal and economic health,

(i) when the employer is a local government, of that local government, or,

(ii) when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the Police Act; and

(h) the employer’s ability to attract and retain qualified firefighters or police officers, as the case may be.

80(7)In an arbitral award, the arbitrator or arbitration board shall include written reasons that explain how the arbitrator or arbitration board has considered the factors in subsection (6).

80(8)In an arbitration under this section, a request that a vote on offer be taken under section 105.1 may be made up to the time that an award is rendered.

1971, c.9, s.81; 1985, c.51, s.8.1; 1988, c.64, s.3; 2005, c.7, s.35; 2017, c.20, s.82; 2020, c.32, s.2

Non-application of Arbitration Act

81The Arbitration Act does not apply to arbitrations under collective agreements or under sections 55, 55.01, 55.1, 79, and 80 or to conciliation proceedings under section 69.

1971, c.9, s.82; 1985, c.51, s.9; 1988, c.63, s.2; 1997, c.6, s.3

Repealed

81.1Repealed: 1988, c.64, s.4

1987, c.41, s.25; 1988, c.64, s.4

Repealed

81.2Repealed: 1988, c.64, s.5

1987, c.41, s.25; 1988, c.64, s.5

Designated jurisdictional representative, tribunal

82(1)Every trade union, council of trade unions, employer and employers’ organization in the construction industry shall, on or before such day as the Lieutenant-Governor in Council may fix by regulation, or within fifteen days after it has entered into a collective agreement, whichever is later, file with the Board a notice in the prescribed form giving the name and address of a person resident in New Brunswick who is authorized by the trade union, council of trade unions, employer or employers’ organization to act as a designated jurisdictional representative in the settlement of a jurisdictional dispute as to the assignment of work.

82(2)Whenever a trade union, council of trade unions, employer or employers’ organization changes the authorization referred to in subsection (1), it shall file with the Board notice thereof in the prescribed form within fifteen days after making such change.

82(3)Where a trade union, council of trade unions, employer or employers’ organization files a complaint under section 83 and it has not complied with subsection (1) or (2), it shall file the required notice with the complaint.

82(4)A trade union, council of trade unions and an employer or employers’ organization may, instead of designating jurisdictional representatives under subsection (1), designate a tribunal to resolve any differences between them arising from the assignment of work in which event subsections (1) to (3) apply mutatis mutandis.

1971, c.9, s.83

Direction re assignment of work

83(1)Where a complaint is made by a trade union or council of trade unions, employer or employers’ organization that a trade union or council of trade unions, or an officer, representative or agent of a trade union or council of trade unions, was or is requiring an employer or an employers’ organization to assign particular work to persons in a particular trade union or in a particular trade, craft or class rather than to a person in another trade union or in another trade, craft or class, or that an employer was or is assigning work to persons in a particular trade union rather than to persons in another trade union, the Board may inquire into the complaint and direct what action, if any, the employer, the employers’ organization, the trade union or the council of trade unions or any officer, representative or agent of the trade union or council of trade unions or any person shall do or refrain from doing with respect to the assignment of work, and the Board may file a copy of the direction, exclusive of the reasons therefor, in the prescribed form, in The Court of King’s Bench of New Brunswick, whereupon the direction shall be entered as a judgment or order of that Court and is enforceable as such.

83(2)The Board may, in any direction made under subsection (1), provide that it is binding on the parties for other jobs then in existence or undertaken in the future in such geographic area as the Board may deem advisable.

1971, c.9, s.84; 1979, c.41, s.65; 1980, c.32, s.12; 2023, c.17, s.110

Notification to designated jurisdictional representative, settlement

84(1)Where a trade union, council of trade unions, employer or employers’ organization referred to in subsection 82(1) files a complaint under section 83 and if each party affected by the complaint has designated a jurisdictional representative as provided under subsection 82(1), the Chief Executive Officer, or such other person as may be designated by the Chief Executive Officer, shall immediately notify the designated jurisdictional representatives by telephone and telegram of the filing of the complaint.

84(2)When notification has been given to the designated jurisdictional representatives under subsection (1), they shall forthwith meet and endeavour to effect a settlement of the matters complained of and shall report the results of their endeavours to the Board within fourteen days from the date of the filing of the complaint.

84(3)Where the designated jurisdictional representatives unanimously agree to a settlement of the matter complained of, it shall be reduced to writing, signed by the respective representatives and filed with the Board within the time prescribed in subsection (2).

84(4)Where a settlement is filed with the Board under subsection (3), the Board, after such consultation with the designated jurisdictional representatives as it deems advisable in order to clarify the terms of the settlement, shall embody the settlement and any agreed changes necessary for its clarification in the form of a direction under section 83 and may file a copy thereof, exclusive of the reasons therefor, in the prescribed form in The Court of King’s Bench of New Brunswick, whereupon the direction shall be entered as a judgment or order of that Court and is enforceable as such.

84(5)Where the designated jurisdictional representatives are notified under subsection (1), the Board shall not, except as provided in section 87, proceed with an inquiry under subsection 83(1) until the expiry of the fourteen day period referred to in subsection (2).

1971, c.9, s.85; 1979, c.41, s.65; 1980, c.32, s.12; 2023, c.17, s.110

Notification to tribunal, no complaint under subsection 83(1)

85(1)Where a trade union or a council of trade unions and an employer or an employers’ organization have made an arrangement to resolve any differences between them arising from the assignment of work and have designated a tribunal in accordance with subsection 82(4), the Chief Executive Officer, or such other person as may be designated by the Chief Executive Officer, shall immediately notify the designated tribunal of a complaint under section 83 and the Board shall, upon such terms and conditions as it may fix, postpone an inquiry into the complaint until the difference has been referred and dealt with in accordance with such arrangement.

85(2)No complaint under subsection 83(1) may be made by a trade union, council of trade unions, employer or employers’ organization that has entered into a collective agreement that contains a provision requiring the reference of any difference between them arising out of work assignment to a tribunal mutually selected by them with respect to any difference as to work assignment that can be resolved under the collective agreement, and such trade union, council of trade unions, employer or employers’ organization shall do or abstain from doing anything required of it by the decision of such tribunal, but nothing in this subsection shall, on a complaint being made, preclude the Board from prescribing the referral of a complaint in accordance with the provisions of the collective agreement.

1971, c.9, s.86

Appropriate jurisdictional tribunal

86Where a complaint is filed under subsection 83(1) and a jurisdictional tribunal or representatives have not been designated under section 82, or in any case where a designation made under section 82 or 85 is inappropriate or inadequate, the Board, upon a complaint and application made under subsection 83(1), may prescribe an appropriate jurisdictional tribunal having regard to established practice in the industry and shall, upon such terms and conditions as it may fix, postpone inquiring into the complaint under subsection 83(1) until the difference has been referred and dealt with in accordance with the arrangement prescribed.

1971, c.9, s.87

Interim order or direction

87(1)Where a complaint is made under subsection 83(1) and the complainant alleges that a strike is imminent or is taking place by reason of the requirement as to the assignment of work, or by reason of the assignment of work, the Board may, after consulting any employer, employers’ organization, trade union or council of trade unions that in its opinion is concerned, make such interim order with respect to the assignment of the work as it in its discretion deems proper, and the Board from time to time may amend or vary such order as it in its discretion deems proper.

87(2)Where the Board has made an interim order or a direction under subsection (1), the person, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents affected by the interim order or the direction may comply with it notwithstanding any provision of this Act or of any collective agreement relating to the assignment of the work to which the interim order or the direction relates, and the person, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents so complying shall be deemed not to have violated any provision of this Act or of any collective agreement.

87(3)The Board may in an interim order or direction under subsection (1), or at any time after the making of such interim order or direction, direct any person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, representatives or agents to cease and desist from doing anything intended or likely to interfere with the terms of an interim order or direction respecting the assignment of work.

87(4)The Board may file a copy of an interim order or direction made under this section, exclusive of the reasons therefor, in the prescribed form, in The Court of King’s Bench of New Brunswick, whereupon the interim order or direction shall be entered as a judgment or order of that Court and is enforceable as such.

87(5)Where an interim order or a direction has been entered under subsection (4), it is enforceable by a person, employee, employer, employers’ organization, trade union or council of trade unions affected as a judgment or order of the Court on the day next after the day fixed for compliance in the interim order or direction.

87(6)A complaint in a case within subsection (1) may be withdrawn by the complainant only upon such terms and conditions as the Board may fix.

1971, c.9, s.88; 1979, c.41, s.65; 1980, c.32, s.12; 2023, c.17, s.110

Judgment or order of Court

88(1)Where a jurisdictional dispute is referred to a tribunal under section 85 or 86, the Board, after such consultation with the tribunal as it deems advisable in order to clarify the terms of the decision of the tribunal, may embody the decision in the form of an order or direction under section 83 and thereafter a copy of the order or direction, exclusive of the reasons therefor, may be filed, in the prescribed form, in The Court of King’s Bench of New Brunswick, whereupon the order or direction shall be entered as a judgment or order of that Court and is enforceable as such.

88(2)An interim order or direction filed under section 87 is superseded by an order or direction filed under subsection (1) to the extent only that the order or direction filed under subsection (1) expressly provides.

88(3)An order or direction entered as a judgment or order of the Court under subsection (1) or under section 83, 84 or 87 may be revoked or varied by a subsequent order, interim order or direction entered as a judgment or order of the Court in the manner provided in subsection (1), section 83, 84 or 87.

1971, c.9, s.89; 1979, c.41, s.65; 1980, c.32, s.12; 2023, c.17, s.110

Altering bargaining unit or description of bargaining unit

89(1)The Board may in its discretion, or at any time following the release of an order or direction under section 83 or 88, alter the bargaining unit determined in a certificate or defined in a collective agreement as it deems proper, and the certificate or agreement, as the case may be, shall be deemed to have been altered accordingly.

89(2)The Board may, upon the application of any person, employer, trade union, council of trade unions or employers’ organization affected by a decision of a tribunal referred to in section 85, alter the bargaining unit determined in a certificate or defined in a collective agreement as it deems proper to enable the parties to conform to the decision of the tribunal, and the certificate or agreement, as the case may be, shall be deemed to have been altered accordingly.

89(3)Where an employer is a party to or is bound by two or more collective agreements and it appears that the description of the bargaining unit in one of such agreements conflicts with the description of the bargaining unit in another of such agreements, the Board may, upon the application of the employer or any of the trade unions concerned, alter the description of the bargaining units in any such agreement as it deems proper, and the agreement or agreements shall be deemed to have been altered accordingly.

89(4)Before disposing of an application under this section, the Board may make such inquiry, require the production of such evidence and the doing of such things, or hold such representation votes, as it deems appropriate.

1971, c.9, s.90

Industrial Inquiry Commission

90(1)The Minister may upon application or on his own motion, where he deems it expedient, make or cause to be made any inquiries he thinks fit regarding industrial matters, and may do such things as seem calculated to maintain or secure industrial peace and to promote conditions favourable to the settlement of disputes.

90(2)For any of the purposes of subsection (1), or where in any industry a dispute or difference between employers and employees exists or is apprehended, the Minister may appoint an industrial inquiry commission and may refer the matters involved to the commission, for investigation thereof, as the Minister deems expedient, and for report thereon, and he shall furnish the commission with a statement of the matters concerning which such inquiry is to be made, and, in the case of any inquiry involving any particular persons or parties, shall advise such persons or parties of the appointment.

90(3)An industrial commission shall forthwith upon appointment, inquire into the matters referred to it by the Minister and endeavour to carry out its terms of reference.

90(4)In the case of a dispute or difference in which a settlement has not been effected in the meantime, the industrial inquiry commission shall report the result of its inquiries, including its recommendations, to the Minister within fourteen days after its appointment or such extension thereof as the Minister may from time to time allow.

90(5)Upon receipt of a report of an industrial inquiry commission relating to any dispute or difference between employers and employees, the Minister shall furnish a copy to each of the parties affected and may publish the report in such manner as he sees fit.

90(6)An industrial inquiry commission shall consist of one or more members appointed by the Minister and sections 66 and 67 apply mutatis mutandis as if the commission were a conciliation board.

1971, c.9, s.91

STRIKES AND LOCK-OUTS

Prohibition of strikes or lock-outs

91(1)Where a collective agreement is in operation, no employee bound by the agreement shall strike and no employer bound by the agreement shall lock-out such an employee except as permitted in subsection (3).

91(2)Where no collective agreement is in operation, no employee shall strike and no employer shall lock-out an employee

(a) until a party has requested the Minister to instruct a conciliation officer to confer with the parties and seven days have elapsed from the date on which the Minister has released to the parties a notice under subsection 36(3) that he does not deem it advisable to appoint a conciliation officer or to appoint a mediator under section 70,

(b) until, where the Minister has appointed a conciliation officer or a mediator, as defined in paragraph (a), to confer with the parties, seven days have elapsed after the Minister has released to the parties a notice that he does not deem it advisable to appoint a conciliation board, or

(c) until, where the Minister has appointed a conciliation board, seven days have elapsed after the Minister has released to the parties the report of the conciliation board,

whichever occurs first.

91(3)Where a collective agreement is in operation and a dispute arises between the parties thereto with reference to the revision or renewal of a provision of the agreement that, by the provisions of the agreement, is subject to revision or renewal during the term of the agreement, no employee shall strike and no employer shall lock-out an employee until one of the conditions expressed in paragraph (2)(a), (b) or (c), whichever occurs first, is met.

91(4)Despite anything in this Act, no person employed full time by a local government as a member of a fire department shall strike and no local government shall declare a lock-out of any such employee.

91(5)Despite anything in this Act, no police officer who is an employee within the meaning of subsection 1(3) or (3.1) shall strike and no local government or board of police commissioners that is an employer within the meaning of subsection 1(3) or (3.1) shall declare a lock-out of any such employee.

91(6)Repealed: 1988, c.64, s.6

1971, c.9, s.92; 1981, c.59, s.30; 1985, c.4, s.32; 1987, c.6, s.43; 1988, c.64, s.6; 2005, c.7, s.35; 2017, c.20, s.82

Prohibition of strikes and lock-outs during conciliation

92(1)Where a conciliation board has been appointed under this Act to conciliate a dispute between an employer and any of his employees otherwise than during the term of a collective agreement or in the course of collective bargaining, no employee shall strike and no employer shall lock-out any such employee, if a strike or lock-out is otherwise lawful under the provisions of this Act, until seven days have elapsed after the Minister has released to the parties the report of the conciliation board.

92(2)No employee shall strike and no employer shall lock-out any employee during the period of the proceedings and from the date of the report or award and during the period that the report or award or a collective agreement incorporating the report or award is in operation if

(a) a party receives a request to arbitrate a first collective agreement under subsection 36.1(3), until the Board makes a decision under subsection 36.1(5),

(b) the Board takes any action referred to in paragraph 36.1(5)(b) or subsection 36.1(10), and that despite any right to strike or lock-out that would apply under subsection 71(5), or

(c) a conciliation board has been appointed to conciliate a dispute between an employer and a trade union and the parties have agreed to be bound

(i) by an award under section 69,

(ii) by an award of an arbitrator or arbitration board appointed or constituted under section 79, or

(iii) by an award of an arbitrator or arbitration board appointed or constituted under section 80.

92(2.1)If a request for the arbitrage of a first collective agreement under section 36.1 is rejected, the employees shall be permitted to strike and the employer permitted to lock-out its employees, as long as the conditions under this Act are complied with.

1971, c.9, s.93; 2017, c.44, s.3

Idem

93(1)Where a conciliation board is appointed under this Act and where the report is not subject to the provision made in subsection 92(2) and where the parties have filed with the Minister an agreement in writing to be bound by the result of a vote on acceptance of the report, no employee shall strike and no employer shall lock-out any such employee until after the expiration of the period of time prescribed in subsection 91(2) or (3) and until a vote has been taken on acceptance or rejection of the report either before or after the expiration of the period of time prescribed in subsection 91(2) or (3).

93(2)A vote under subsection (1) shall be taken not later than thirty days after the release of the report of the conciliation board to the parties and subsections 94(1) and (2) and subsections 95(1) to (3) apply mutatis mutandis to the vote, as the case may be.

93(3)Where a vote is taken under subsection (2) and where the report of the conciliation board is accepted by the parties thereto, the report shall be incorporated into a collective agreement and subsections 37(3) to (6) apply thereto mutatis mutandis, and no employee shall strike and no employer shall lock-out any such employee from the date of the acceptance of the report, by the last of the parties to accept, during the period of time that the report or a collective agreement incorporating the terms of the report is in operation and, until so incorporated, the report shall have the effect of a collective agreement for the purposes of this Act.

93(4)Where an employer is a party to an agreement referred to in subsection (1) and where an employers’ organization is not authorized to bargain for or on behalf of such employer, the employer shall in writing signify his acceptance or rejection of the report of the conciliation board within the time prescribed in subsection (2), and subsection (3) shall apply mutatis mutandis.

1971, c.9, s.94

Strike votes

94(1)Notwithstanding anything in this Act, no employee shall strike until after a vote

(a) has been taken by the trade union or council of trade unions of the employees in the bargaining unit affected as to whether to strike or not to strike and the majority of such employees, as determined in this section, have voted in favour of a strike, or

(b) has been taken by the trade union or council of trade unions affected as to whether to strike or not to strike and a majority of the members affected have voted in favour of a strike and such majority in favour of a strike includes a majority of the employees in the bargaining unit.

94(2)A vote taken under subsection (1) shall be taken by secret ballot cast in such a manner that a person expressing his choice cannot be identified with the choice expressed and the vote shall be conducted in such manner, whether by mail or otherwise, that those entitled to vote have ample opportunity to cast their ballots.

94(3)For the purposes of paragraph (1)(a), no employee in the unit shall be counted as an employee unless he has been employed by the employer within the period of the three calendar months preceding the taking of such vote and, where the vote is taken on a working day otherwise than by mail, an employee who is absent from work on the day of the vote and who does not cast his ballot shall not be counted as an employee in determining the number of employees for the purposes of the paragraph.

94(4)Where a dispute arises with respect to subsection (1), (2) or (3), the vote may be continued or discontinued subject to reference of the dispute to the Board.

94(5)The Board on a reference under subsection (4) may revise the returns on the vote, or set aside the vote, or order a new vote, or make such other disposition as the circumstances require and the decision of the Board is final and binding on all parties.

94(6)The result of a vote when in favour of strike action does not bind a bargaining agent, a trade union, or an employee to that course of action, but no employee shall strike where a majority of the employees eligible to vote in the unit have voted against strike action.

1971, c.9, s.95

Lock-out votes

95(1)Notwithstanding anything in this Act, where two or more employers, or two or more employers who are members of an employers’ organization, other than an accredited employers’ organization, are engaged in the same dispute with employees in the same bargaining unit, no employer shall lock-out his employees until after a vote has been taken of all such employers with employees in the unit as to whether to lock-out or not to lock-out and a majority of such employers representing a majority of such employees of such employers have voted in favour of a lock-out.

95(2)Notwithstanding anything in this Act, where an accredited employers’ organization is authorized to bargain for or on behalf of an employer, no such employer shall lock-out his employees in the bargaining unit until after a vote has been taken by the accredited employers’ organization of all such employers as to whether to lock-out or not to lock-out and a majority of all such employers with employees in the bargaining unit, employing a majority of such employees of all such employers, have voted in favour of a lock-out.

95(3)A vote taken under subsection (1) or (2) shall be taken by secret ballot and the vote shall be conducted in such a manner, whether by mail or otherwise, that those eligible to vote have ample opportunity to cast their ballots.

95(4)For the purposes of subsection (1) or (2), no employee shall be deemed to be an employee unless he has been on the payroll of his employer for the weekly payroll period immediately preceding the day of the vote.

95(5)For the purposes of subsection (2), an employer who does not vote shall not be counted in determining the number of employers eligible to vote and his employees shall not be counted in determining the number of employees in the unit.

95(6)Where a dispute arises with respect to subsections (1) to (5), the vote may be continued or discontinued subject to reference of the dispute to the Board.

95(7)Where, on a reference under subsection (6), a question arises as to whether the payroll period prescribed in subsection (4) is or was satisfactory, the Board may fix such other weekly payroll period for any one or more of the employers as it deems satisfactory and the decision of the Board is final and binding on all parties.

95(8)The Board, on a reference under subsection (6), may revise the returns on the vote, or set aside the vote, or order a new vote, or make such other decision as the circumstances may require and the decision of the Board is final and binding on all parties.

95(9)The result of a vote when in favour of a lock-out does not bind an employers’ organization or an employer to that course of action, but no employer shall declare a lock-out where, in accordance with subsection (1) or (2), the requisite majority of employers employing the requisite majority of the employees of the employers, have voted against a lock-out.

1971, c.9, s.96

Strike and lock-out votes

96(1)A vote on the acceptance or rejection of the report of a conciliation board under section 93 and a strike vote under section 94 may be taken separately or, subject to the times prescribed in subsection 93(2) and subsection 98(2), be taken together on a single ballot.

96(2)A vote to ratify a proposed collective agreement and a strike vote under section 94 may be taken separately or, subject to the time prescribed in subsection 98(2), be combined together on a single ballot and, when taken together, the vote shall be taken in accordance with section 94.

96(3)A vote on the acceptance or rejection of the report of a conciliation board under section 93 and a vote on a lock-out under section 95 may be taken separately or, subject to the times prescribed in subsection 93(2) and subsection 98(3), be taken together on a single ballot.

96(4)A vote to ratify a proposed collective agreement and a lock-out vote under section 95 may be taken separately or, subject to the time prescribed in subsection 98(3), be combined together on a single ballot and, when taken together, the vote shall be taken in accordance with section 95.

1971, c.9, s.97

Notice of intention to strike or lock-out

97(1)Where a vote taken pursuant to section 94 is in favour of a strike, no employee shall strike until the employer has been given written notice by the trade union or council of trade unions that the employees intend to strike and twenty-four hours have elapsed from the time such notice was given.

97(2)Where a vote taken pursuant to section 95 is in favour of a lock-out, no employer shall lock-out his employees until the trade union or council of trade unions has been given written notice by the employer or employers’ organization that the employer or employers’ organization intends to lock-out his or their employees and twenty-four hours have elapsed from the time such notice was given.

97(3)Where an employer is not subject to subsection (2), the employer shall not lock-out his employees until the trade union or council of trade unions has been given written notice by the employer that the employer intends to lock-out his employees and twenty-four hours have elapsed from the time such notice was given.

97(4)Where

(a) a notice has been given under subsection (1) but is not acted upon, and

(b) the employer has given written notice to the trade union or council of trade unions that he requires a further notice period of up to twenty-four hours for the purpose of undertaking an orderly shutdown of his operations,

no employee shall strike until such further notice has been given and the notice period has elapsed; and, if a strike does not occur within six hours after that elapsed time, no employee shall strike until a further similar notice is given.

1971, c.9, s.98; 1982, c.31, s.4

Conduct and validity of votes

98(1)No trade union or council of trade unions, other than a trade union or council of trade unions that is entitled to bargain collectively under this Act, by virtue of certification or by virtue of being a party to a recognition agreement in respect to which the Minister has appointed a conciliation officer under subsection 36(6) or by virtue of being a party to a collective agreement, on behalf of a unit of employees, shall take or authorize a strike vote.

98(2)A trade union or council of trade unions shall not take a strike vote until after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met.

98(3)An employer or employers’ organization shall not take a lock-out vote until after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met.

98(4)No strike or lock-out, as the case may be, shall commence after the period of one year from the date of a vote or the date fixed for the return on a vote taken, as may be the case, under section 94 or 95.

98(5)Where a strike or lock-out is prohibited under subsection (4) it shall be deemed that the dispute no longer exists.

1971, c.9, s.99; 1987, c.6, s.43

Deposit of ballots

99(1)Where a vote is taken under this Act on the acceptance or rejection of the report of a conciliation board, on strike action or on a lock-out, the ballots and other documents relating to the taking of the vote, after the count of the vote, shall be sealed in an envelope or other container by the person acting or designated as returning officer and forthwith deposited with the Minister who shall

(a) cause such examination of the vote to be made as he deems necessary to ensure that it was properly conducted, and

(b) advise the parties that a report on the ballots, in the form prescribed by regulation, has been properly made.

99(2)The Minister may destroy the ballots and other documents deposited with him under subsection (1) at any time after one year from the date of the deposit.

99(3)Where the ballots and other documents relating to a vote have been deposited with the Minister before the date of a reference to the Board under the provisions of section 94 or 95, the ballots and other documents shall be made available to the Board for the purposes of the reference and shall be deemed to have been deposited with the Board for all purposes of such reference.

1971, c.9, s.100; 1985, c.51, s.10

Offence of inducing strike or lock-out

100(1)No employee shall threaten an unlawful strike and no employer shall threaten an unlawful lock-out of an employee.

100(2)No trade union or council of trade unions shall call or authorize or threaten to call or authorize and no officer, representative or agent of a trade union or council of trade unions shall counsel, procure, support or encourage an unlawful strike or threaten an unlawful strike.

100(3)No employer or employers’ organization shall call or authorize or threaten to call or authorize, and no officer, official or agent of an employer or employers’ organization shall counsel, procure, support or encourage an unlawful lock-out or threaten an unlawful lock-out.

100(4)No person shall do any act if he knows or ought to know that, as a probable and reasonable consequence of the act, another person will engage in an unlawful strike or an unlawful lock-out.

100(5)Subsection (4) does not apply to any act done in connection with a lawful strike or lawful lock-out.

1971, c.9, s.101

Decisions of employers’ organization

101(1)Every employer who is represented by an accredited employers’ organization shall comply with any direction of the organization with respect to a strike or lock-out affecting the organization and the employer, if the direction is not contrary to subsection (2) or any provision of this Act.

101(2)Nothing in this Act prohibits an employer, represented by an employers’ organization, from continuing or attempting to continue his operations during a strike or lock-out involving employees of employers represented by the employers’ organization.

1971, c.9, s.102

Determination of validity of strike or lock-out

102(1)Where a trade union or a council of trade unions calls or authorizes a strike, or employees engage in a strike, that the employer or employers’ organization concerned alleges was or is unlawful, the employer or employers’ organization may apply to the Board for a declaration that the strike was or is unlawful, and the Board may make such declaration.

102(2)Where an employer or employers’ organization calls or authorizes a lock-out that any of the employees or the trade union or the council of trade unions concerned alleges was or is unlawful, any of the employees or the trade union or the council of trade unions may apply to the Board for a declaration that the lock-out was or is unlawful, and the Board may make such declaration.

102(3)A declaration made under this section does not affect any proceeding in any court or any proceeding under the provision of a collective agreement, where the question of a lawful or unlawful strike or a lawful or unlawful lock-out, as may be the case, is in issue.

1971, c.9, s.103; 1972, c.37, s.1

Work stoppages for cause

103Nothing in this Act prohibits any suspension or discontinuance for cause of an employer’s operations or any quitting of work by an employee if the suspension, discontinuance or quitting does not constitute a strike or lock-out.

1972, c.9, s.104

Picketing

104(1)Where there is a strike that is not unlawful under this Act or a lock-out, a trade union or council of trade unions, members of which are on strike or locked out, and anyone authorized by the trade union or council of trade unions, may, at the employer’s place of business, operations or employment, and without acts that are otherwise unlawful, persuade or endeavour to persuade anyone not to

(a) enter the employer’s place of business, operations or employment,

(b) deal in or handle the products of the employer, or

(c) do business with the employer.

104(1.1)For the purposes of subsection (1), the employer’s place of business, operations or employment does not include the described geographic area of a major project unless the members of the trade union or council of trade unions who are on strike or locked out were, when the strike or lock-out commenced, engaged in on-site work.

104(2)Except as provided in subsection (1), in respect of matters to which this Act applies, no trade union or council of trade unions or other person shall persuade or endeavour to persuade anyone not to

(a) enter an employer’s place of business, operations or employment,

(b) deal in or handle the products of any person, or

(c) do business with any person.

104(3)Public expressions of sympathy or support, otherwise than by picketing, on the part of trade unions or others not directly concerned in the strike or lock-out do not contravene subsection (2).

1971, c.9, s.105; 1972, c.37, s.2; 1989, c.14, s.4

Grievances

105Notwithstanding anything contained in this Act, an employee may present his personal grievance to his employer at any time.

1971, c.9, s.106

VOTE ON OFFER

1994, c.42, s.1

Vote on offer

105.1(1)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the employer of the employees in the bargaining unit affected or an employers’ organization representing the employer may request that a vote of the employees in the bargaining unit affected be taken as to the acceptance or rejection of the most recent offer presented by the employer or the employers’ organization, as the case may be, to the bargaining agent of the employees in the bargaining unit affected in respect of all matters remaining in dispute between the parties.

105.1(2)Subject to subsection (7), at any time after one of the conditions expressed in paragraph 91(2)(a), (b) or (c), whichever occurs first, is met, the bargaining agent of the employees in the bargaining unit affected may, where an employers’ organization is a party to the dispute, request that a vote of the employers represented in the dispute by the employers’ organization be taken as to the acceptance or rejection of the most recent offer presented by the bargaining agent to the employers’ organization in respect of all matters remaining in dispute between the parties.

105.1(3)A request referred to in subsection (1) or (2) shall be made in writing to the Board.

105.1(4)As soon as is practicable after receipt of a request referred to in subsection (1) or (2), the Board shall

(a) in the case of an offer presented to a bargaining agent, take a vote of the employees in the bargaining unit affected who have not during the dispute found permanent employment elsewhere on the acceptance or rejection of the offer, and

(b) in the case of an offer presented to an employers’ organization, take a vote of the employers represented in the dispute by the employers’ organization on the acceptance or rejection of the offer.

105.1(5)A vote taken under this section shall be taken by secret ballot and the vote shall be conducted in such a manner, whether by mail or otherwise, that those eligible to vote have ample opportunity to cast their ballots.

105.1(6)Where a majority of the employees or employers, as the case may be, who vote under this section vote in favour of accepting the offer, the parties are bound by that offer and shall, without delay, enter into a collective agreement that incorporates the terms of that offer.

105.1(7)A request that a vote be taken under this section shall not be made

(a) by either party more than once during each dispute,

(a.1) where the Board submits the matter to an arbitrator or an arbitration board under subparagraph 36.1(5)(b)(ii),

(b) where the parties have agreed to be bound by the award of a conciliation board under section 69,

(c) where the parties have agreed to be bound by the award of an arbitrator or arbitration board appointed or constituted under section 79, or

(d) Repealed: 2020, c.32, s.3

(e) where the parties have filed with the Minister an agreement in writing to be bound by the result of a vote on acceptance of the report of a conciliation board under section 93, unless, on a vote taken under that section, the report of the conciliation board is rejected.

105.1(8)The cost of taking a vote under this section shall be paid by the party requesting the vote.

105.1(9)A request that a vote be taken, or the taking of a vote, under this section does not abridge or extend any time limits or periods provided for in this Act.

105.1(10)The Board shall determine any question that arises under this section, including any question relating to the taking of a vote or the determination of its result.

1994, c.42, s.1; 2017, c.44, s.4; 2020, c.32, s.3

ENFORCEMENT

Inquiry by Board

106(1)Where a complaint in writing is made to the Board alleging that an employer, employer’s organization, trade union, council of trade unions or any other person is doing or has done any act in violation of any provision of sections 3 to 9, 50 or 51, the Chief Executive Officer shall immediately notify the alleged violator, and any other person or body affected by the complaint, by telephone and telegram of the making of the complaint.

106(2)Where a complaint is received under subsection (1) the Chief Executive Officer shall, on the advice of the Chairperson, either refer the complaint to the Board for inquiry or appoint a person to inquire into the complaint.

106(3)Where a complaint is referred under subsection (2) to the Board, the Board shall inquire forthwith into the matter.

106(4)A person appointed under subsection (2) to inquire into a matter shall endeavour to settle the matter complained of and shall report back to the Chairperson not later than fourteen days after the day on which the complaint was received by the Board.

106(5)Where a person appointed under subsection (2) has not been successful in settling the matter complained of the Board shall inquire forthwith into the matter.

106(6)Where, in the opinion of the Board, a complaint under subsection (1) is without merit, the Board may reject the complaint at any time.

106(7)Where in a complaint under this section it is alleged on an inquiry by the Board that

(a) any employer has discharged any employee or refused to employ or to continue to employ any person or threatened the dismissal of an employee contrary to subsection 3(2), (3) or (4), or

(b) any union has intimidated, coerced, threatened or imposed a penalty on any employee or person contrary to subsection 5(2) or (3),

and the person complaining establishes a prima facie case against the employer or union, the burden of proving that the employer or union did not violate the provision lies with the employer or union, as the case may be.

106(8)Where upon inquiry the Board is satisfied that any employer, employer’s organization, trade union or council of trade unions or any other person is doing or has done any act in violation of any provision of sections 3 to 9, 50 or 51, the Board

(a) shall make an order directing the employer, employers’ organization, trade union, council of trade unions or other person to cease doing the act;

(b) may in the same order or in a subsequent order direct the employer, employers’ organization, trade union, council of trade unions or other person to rectify the act;

(c) may in the same order or in a subsequent order direct the hiring or reinstatement of a person in employment with or without compensation, or the compensation of a person in lieu of hiring or reinstatement for loss of earnings and other employment benefits;

(d) may in the same order or in a subsequent order direct an employer found in violation of subsection 3(3) not to increase or decrease wages, or alter a term or condition of employment, of the employees affected by the order for a period not exceeding thirty days without written permission from the Board, and may in a subsequent order direct the extension of any such direction for a further period not exceeding thirty days;

(e) may, where an employer or employers’ organization, or a trade union or council of trade unions, contravenes any provision of sections 3 to 9 so that the true wishes of the employees are not likely to be ascertained, and, in the opinion of the Board, a trade union has membership support adequate for collective bargaining or such support has been obtained by virtue of an unfair labour practice, certify the trade union, or refuse to certify the trade union, as the case may be;

(f) may in the same order or in a subsequent order declare, where applicable, a suspension, expulsion or penalty to be contrary to this Act, whereupon the suspension, expulsion or penalty is void; and

(g) may in the same order or in a subsequent order determine what, if anything, in addition to or in substitution for the provision made in paragraph (a), (b), (c), (d), (e) or (f), the employer, employers’ organization, trade union, council of trade unions, or person, shall do or refrain from doing with respect to the prohibited act.

106(9)Where a complainant under subsection (1) alleges that he suffers irremediable harm from the continuing alleged violation of a provision of sections 3 to 9, the Board on request by the applicant may, after consulting any employer, employers’ organization, trade union, council of trade unions or other person that in its opinion is concerned, make such interim order as it in its discretion deems proper.

106(10)Where a request is received under subsection (9) the Chief Executive Officer shall serve notice of the complaint by telegram on any employer, employers’ organization, trade union, council of trade unions or other person affected and shall either schedule the matter for hearing before the Board to be held within forty-eight hours, or refer the matter to a person appointed by him who shall report to the Board forthwith regarding the facts of the matter if he has not been successful in settling the complaint.

106(11)Upon receiving the report of a person to whom a matter was referred under subsection (10), the Board may, if it believes irremediable harm would result from the continuation of the act in question, issue an interim order forbidding the continuation of the act and in the same order the Board shall schedule a hearing forthwith to inquire fully into the complaint.

106(12)An order made under this section shall be served on the employer, employers’ organization, trade union, council of trade unions, or other person affected by the order and the employer, employers’ organization, trade union, council of trade unions, or other person shall, notwithstanding the provisions of any collective agreement, comply with the order within the time provided in the order for compliance.

106(13)Where the trade union, council of trade unions, employer, employers’ organization, or person, has failed to comply with any of the terms of an order made under this section, any trade union, council of trade unions, employer, employers’ organization, person or employee affected by the order may, after the expiration of fourteen days from the date of the release of the order or the date provided in the order for compliance, whichever is later, notify the Board in writing of such failure, and thereupon the Board shall file a copy of the order, exclusive of the reasons therefor, in the prescribed form, in The Court of King’s Bench of New Brunswick, whereupon the order shall be entered as a judgment or order of that Court and is enforceable as such.

106(14)Where the matter of a complaint under subsection (1) has been settled, whether through the endeavours of the person appointed by the Chief Executive Officer, or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers’ organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers’ organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1).

106(15)Except where the Board rejects a complaint under subsection (6), when a person proceeds under this section to seek a remedy for any alleged wrongful refusal to employ, refusal to continue his employment, discharge, discrimination, intimidation, coercion, threat, or other act or practice contrary to this Act and referred to in subsection (1), no action, suit, or proceeding shall thereafter be brought by him in any court in respect of the alleged wrongful refusal to employ, refusal to continue his employment, discharge, discrimination, intimidation, coercion, threat or other act or practice contrary to this Act.

106(16)The Board shall not inquire into a complaint under this section unless the complaint is made within ninety days after the date on which the act complained of first occurred.

1971, c.9, s.107; 1979, c.41, s.65; 1980, c.32, s.12; 1985, c.51, s.11; 1994, c.52, s.2; 2023, c.17, s.110

Idem

107(1)Where the Minister receives a complaint in writing from a party to collective bargaining that any other party to the collective bargaining has failed to comply with subsection 32(2), section 34 or subsection 41(1), he may refer it to the Board.

107(2)Where a complaint from a party to collective bargaining is referred to the Board under subsection (1), the Board shall inquire into the complaint, and may dismiss the complaint or may make an order requiring any party to the collective bargaining to do such things as, in the opinion of the Board, are necessary to secure compliance with subsection 32(2), section 34 or subsection 41(1).

107(3)Every employer, employers’ organization, trade union, council of trade unions or other person in respect of whom an order is made under this section, shall comply with the order, and in the event of a neglect to do so, the Board, upon the application of an affected party, may revoke a certification, an accreditation or terminate other bargaining rights.

1971, c.9, s.108

Inquiry by Minister

108(1)A person claiming to be aggrieved because of an alleged violation of any of the provisions of this Act may make a complaint in writing to the Minister and the Minister, upon receipt of such complaint, may require an industrial inquiry commission appointed by him pursuant to section 90, or a conciliation officer or inquiry officer to investigate and make a report to him in respect of the alleged violation.

108(2)Upon receipt of a report pursuant to subsection (1), the Minister shall furnish a copy to each of the parties affected, and, if he considers it desirable to do so, he may cause the report to be published in such manner as he sees fit.

108(3)The appointment of a conciliation officer under subsection (1) does not affect any right to strike or lock-out under the provisions of this Act and shall not be deemed to be an appointment made within the meaning of subsection 36(1) or (3).

1971, c.9, s.109; 1985, c.51, s.12

Offences respecting unlawful strike or lock-out

109(1)Every employer or employers’ organization, and every person acting on behalf of an employer or employers’ organization, who alters a wage rate or alters any term or condition of employment contrary to section 35 is guilty of an offence and, on conviction, is liable to a fine not exceeding

(a) ten dollars in respect of each employee whose wage rate was so altered or whose term or condition of employment was so altered, or

(b) two hundred and fifty dollars,

whichever is the less, for each day during which any such alteration continues contrary to this Act.

109(2)Every employer or employers’ organization who declares or causes a lock-out contrary to this Act is guilty of an offence and, on conviction, is liable to a fine not exceeding two hundred and fifty dollars for each day that the lock-out exists.

109(3)Every person acting on behalf of an employer or employers’ organization who declares or causes a lock-out contrary to this Act is guilty of an offence and, on conviction, is liable to a fine not exceeding two hundred and fifty dollars for each day that the lock-out exists.

109(4)Every trade union or council of trade unions that declares or causes a strike contrary to this Act is guilty of an offence and, on conviction, is liable to a fine not exceeding two hundred and fifty dollars for each day that the strike exists.

109(5)Every person acting on behalf of a trade union or council of trade unions who declares or causes a strike contrary to this Act is guilty of an offence and, on conviction, is liable to a fine not exceeding two hundred and fifty dollars for each day that the strike exists.

109(6)Every employer, employers’ organization, trade union, council of trade unions, or person acting on behalf of an employer, employers’ organization, trade union or council of trade unions, or any other person, who takes, authorizes or participates in a lock-out vote or in a strike vote, as may be the case, contrary to this Act, is guilty of an offence and, on conviction, is liable to a fine not exceeding two hundred and fifty dollars.

1971, c.9, s.110; 1990, c.22, s.26

Offences for violation of sections 3 to 8, 50, 51 or 103.1

110(1)Every person, trade union, council of trade unions or employers’ organization that violates sections 3 to 8, 50 or 51 is guilty of an offence and, on conviction, is liable

(a) if an individual, to a fine not exceeding one hundred dollars, or

(b) if a corporation, trade union, council of trade unions or employers’ organization, to a fine not exceeding five hundred dollars.

110(2)Each day that a person, trade union, council of trade unions or employers’ organization violates any provision of the Act within subsection (1), the violation constitutes a separate offence.

110(3)Where an employer is convicted for violation of paragraph 3(2)(a), paragraph 3(4)(a) or (c), or subsection 8(10) by reason of his having suspended, transferred, laid off or discharged an employee contrary to this Act, the convicting judge, in addition to any other penalty authorized by this Act, may order the employer to pay compensation for loss of employment to the employee not exceeding such sum as in the opinion of the judge is equivalent to the wages, salary or other remuneration that would have accrued to the employee up to the date of conviction but for such suspension, transfer, lay-off or discharge, and may order the employer to reinstate the employee in his employ at such date as in the opinion of the judge is just and proper in the circumstances in the position which the employee would have held but for such suspension, transfer, lay-off or discharge.

110(4)Every person, trade union, council of trade unions and employers’ organization who contrary to this Act refuses or neglects to comply with any order of a judge made under this section is guilty of an offence and liable to a fine not exceeding one hundred dollars for each day during which such refusal or neglect continues.

1971, c.9, s.111; 1972, c.37, s.3; 1990, c.22, s.26

Offences for violation of orders and rulings

111(1)Every person, trade union, council of trade unions or employers’ organization that violates any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act or any award made by an arbitrator or arbitration board constituted under the provisions of section 55 or 55.01 is guilty of an offence and, except where some other penalty is by this Act provided for the act, refusal or neglect, on conviction, is liable

(a) if an individual, to a fine not exceeding one hundred dollars, or

(b) if a corporation, trade union, council of trade unions or employers’ organization, to a fine not exceeding five hundred dollars.

111(2)Each day that a person, trade union, council of trade unions or employers’ organization violates any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act or any award made by an arbitrator or arbitration board constituted under the provisions of section 55 or 55.01, the violation constitutes a separate offence.

1971, c.9, s.112; 1990, c.22, s.26; 1997, c.6, s.4

Offences by officers or agents

112(1)An information or complaint in respect of a violation of the provisions of this Act may be for one or more offences, and no information, warrant, conviction or other proceedings in any such prosecution is objectionable or insufficient by reason of the fact that it relates to two or more offences.

112(2)Where a corporation, trade union, council of trade unions or employers’ organization is guilty of an offence under this Act, every officer, representative or agent thereof who assented to the commission of the offence shall be deemed to be a party to and guilty of the offence.

112(3)A prosecution for an offence under this Act may be instituted against a person, employee, employer, trade union, council of trade unions, or employers’ organization in the name of the person, employee, employer, trade union, council of trade unions or employers’ organization, as the case may be.

112(4)A prosecution for an offence under this Act may be instituted by a person, employee, employer, trade union, council of trade unions, or employers’ organization in the name of the person, employee, employer, trade union, council of trade unions or employers’ organization, as the case may be.

112(5)In any prosecution for an offence under this Act, any act or thing done or omitted by an officer, representative or agent of a trade union or council of trade unions or employers’ organization within the scope of his authority to act on behalf of the trade union, council of trade unions or employers’ organization shall be deemed to be an act or thing done or omitted by the trade union, council of trade unions or employers’ organization.

112(6)In any prosecution for an offence under this Act against an employer or employers’ organization, the act or omission of any manager, superintendent or other person who exercises management functions shall be deemed to be the act or omission of the employer or employers’ organization, as the case may be, by whom such person was employed, unless and until it is proved that such act or omission was without the knowledge or consent of such employer or employers’ organization.

1971, c.9, s.113

Consent of Board to prosecution

113(1)Subject to subsection (3), no prosecution for an offence under this Act shall be instituted except with the consent in writing of the Board.

113(2)An application under subsection (1) for consent to institute a prosecution may be made by a person, a trade union, a council of trade unions, a corporation or an employers’ organization, and, if consent is given by the Board, the information may be laid by the person or by an officer or representative of a trade union or council of trade unions on behalf of the person, or by any officer or representative of the trade union, council of trade unions, corporation or employers’ organization.

113(3)A certificate, signed by the Chairperson or a Vice-Chairperson of the Board and dated, certifying that the Board consents to the prosecution of the person, employee, employer, trade union, council of trade unions, or employers’ organization named therein for an offence under this Act alleged to have been committed, or in the case of a continuing offence, alleged to have commenced on a date therein set out, is a sufficient consent for the purpose of subsection (1).

113(4)Subsection (1) does not apply to a prosecution instituted by the Attorney General.

113(5)The Board or the Minister or, subject to the direction of the Minister, an inquiry officer may refer any alleged offence under this Act to the Attorney General for his consideration with a view to instituting a prosecution.

113(6)Notwithstanding any other Act, proceedings in respect of a prosecution for an alleged offence under this Act may be instituted any time within one year after the time when the subject matter of the prosecution arose.

1971, c.9, s.114; 1981, c.6, s.1; 1985, c.51, s.13; 1994, c.52, s.2

Action against trade union or employers’ organization

114(1)Where a trade union, a council of trade unions or an unincorporated employers’ organization is affected by an interim order or order of the Board made under section 106, an interim order, order or direction of the Board under section 83, 84, 87 or 88, or a decision or award of an arbitrator or arbitration board under the provisions of section 55 or 55.01, proceedings to enforce the order, interim order, direction, decision or award may be instituted in the Court by or against such trade union, council of trade unions or employers’ organization in the name of the trade union, council of trade unions or employers’ organization, as the case may be.

114(2)A trade union, council of trade unions or employers’ organization is capable of suing or being sued and for such purposes, or for any purposes of this Act for which provision is not otherwise made, the trade union, council of trade unions or employers’ organization is a legal entity.

1971, c.9, s.115; 1985, c.51, s.14; 1997, c.6, s.5

ADMINISTRATION

Administration of Act

115The Minister is charged with the administration of this Act and shall exercise the powers and perform the duties imposed on the Minister by this Act.

1971, c.9, s.116

Repealed

116Repealed: 1994, c.52, s.2

1971, c.9, s.117; 1994, c.52, s.2

Repealed

117Repealed: 1994, c.52, s.2

1971, c.9, s.118; 1994, c.52, s.2

Repealed

118Repealed: 1994, c.52, s.2

1971, c.9, s.119; 1994, c.52, s.2

Repealed

119Repealed: 1994, c.52, s.2

1971, c.9, s.120; 1994, c.52, s.2

Repealed

120Repealed: 1994, c.52, s.2

1971, c.9, s.121; 1983, c.4, s.10; 1994, c.52, s.2

Procedure before Board

121(1)The Board and each member thereof shall for the purposes of this Act have the powers of a commissioner under the Inquiries Act.

121(2)The Board may receive and accept evidence and information on oath or affirmation, affidavit or otherwise as in its discretion it may deem fit and proper, whether admissible as evidence in a court of law or not.

121(3)The Board shall determine its own procedure but shall in every case, except as otherwise provided in this Act, give full opportunity to all interested parties to any proceeding to present evidence and to make representations, and the Board may make rules governing its procedure and the exercise of its powers and prescribing such forms as are deemed advisable.

121(4)Repealed: 1994, c.52, s.2

121(5)Repealed: 1994, c.52, s.2

121(6)Repealed: 1994, c.52, s.2

1971, c.9, s.122; 1994, c.52, s.2

Repealed

122Repealed: 1994, c.52, s.2

1971, c.9, s.123; 1985, c.51, s.15; 1994, c.52, s.2

Repealed

123Repealed: 1994, c.52, s.2

1971, c.9, s.124; 1984, c.35, s.5; 1994, c.52, s.2

Appointment of Executive Committee

124(1)The Board may appoint an Executive Committee of the Board composed of the Chairperson of the Board and the Chief Executive Officer or composed of the Chairperson and the Secretary of the Board when the Chairperson is acting Chief Executive Officer.

124(2)Repealed: 1994, c.52, s.2

1971, c.9, s.125; 1994, c.52, s.2

Duties and powers of Executive Committee

125(1)An Executive Committee appointed under subsection 124(1), unless the Board otherwise directs, may, for the purpose of determining

(a) whether the majority of the employees in a unit are members in good standing of a trade union,

(b) whether a majority of the employees in a unit who have voted have selected a trade union to be their bargaining agent,

(c) whether a trade union or council of trade unions no longer represents a majority of employees in the unit for which it was certified or recognized in a recognition agreement,

(d) whether a majority of employers employing a majority of employees are represented by an employers’ organization for purposes of accreditation,

(e) whether an employers’ organization is subject to de-accreditation,

(f) whether a trade union, council of trade unions, or employers’ organization is a trade union, council of trade unions or employers’ organization,

(g) whether a council of trade unions or employers’ organization is vested with appropriate bargaining authority, or

(h) any other question under this Act where an inquiry or an examination of records may be required,

make or cause to be made such examination of records or other inquiries, including the holding of hearings as it deems necessary, or take or supervise the taking of such votes as it deems expedient to direct, and an executive committee may prescribe the nature of the evidence to be furnished to the Committee.

125(2)The Board or an Executive Committee may appoint a person, to be known as an examiner, to do any of the things that may be done by an Executive Committee under subsection (1), whether a Committee is appointed or not.

125(3)The evidence taken before an Executive Committee or before an examiner may, save for all just exceptions, be received or acted upon by the Board in determining a question before the Board.

125(4)The Board may delegate to its Executive Committee such powers, functions and duties as the Lieutenant-Governor in Council may approve.

125(5)Nothing in this section shall be deemed to preclude the Board from assigning to a member, to an Executive Committee or to any person the performance of routine duties or functions not constituting a delegation or power.

1971, c.9, s.126; 1994, c.52, s.2

Powers of the Board

126(1)The Board has and shall exercise such powers and perform such duties as are conferred or imposed upon it by or under this Act.

126(2)Without limiting the generality of subsection (1), the Board has power,

(a) where the Board determines that a representation vote is to be taken amongst the employees in a bargaining unit, to hold such additional representation votes as it considers necessary to determine the true wishes of the employees,

(b) where, in the taking of a representation vote, the Board determines that the employees are to be given a choice between two or more trade unions or councils of trade unions,

(i) to include on any ballot a choice indicating that an employee does not wish to be represented by a trade union or council of trade unions, and

(ii) when it decides to hold such additional representation votes as may be necessary, to eliminate from the choice on the ballot the trade union or council of trade unions that has obtained the lowest number of votes cast in the previous representation vote,

(c) to bar an unsuccessful applicant for any period not exceeding ten months from the date of the dismissal of the unsuccessful application, or to refuse to entertain a new application by an unsuccessful applicant or by any of the employees affected by an unsuccessful application or by any person or trade union or council of trade unions representing such employees within any period not exceeding ten months from the date of the dismissal of the unsuccessful application,

(d) notwithstanding sections 10 and 23 where an application has been made for certification of a trade union or council of trade unions as bargaining agent for employees in a bargaining unit, or for a declaration that the trade union or council of trade unions no longer represents the employees in a bargaining unit, and a final decision on the application has not been issued by the Board at the time a subsequent application for such certification or for such a declaration is made with respect to any of the employees affected by the original application,

(i) to treat the subsequent application as having been made on the date of the making of the original application,

(ii) to postpone consideration of the subsequent application until a final decision has been issued on the original application and thereafter consider the subsequent application subject to any final decision issued by the Board on the original application, or

(iii) refuse to entertain the subsequent application,

(d.1) Repealed: 1988, c.64, s.7

(e) to determine the form in which and the time as of which evidence of membership in a trade union or council of trade unions, of objection by employees to certification of a trade union, or of signification by employees that they no longer wish to be represented by a trade union or council of trade unions shall be presented to the Board on an application for certification or for a declaration terminating bargaining rights, and to refuse to accept any evidence of membership, objection or signification that is not presented in the form and as of the time so determined,

(f) to determine the form in which and the time as of which evidence of representation by an employers’ organization, of objection by employers to accreditation of an employers’ organization, or of signification by employers that they no longer wish to be represented by an employers’ organization shall be presented to the Board in an application for accreditation or for a declaration terminating bargaining rights of an employers’ organization, and to refuse to accept any evidence of representation, objection or signification that is not presented in the form and as of the time so determined,

(g) to require persons or trade unions or councils of trade unions, whether or not they are parties to proceedings before the Board, to post and to keep posted upon their premises in a conspicuous place or places, where they are most likely to come to the attention of all persons concerned, any notices that the Board deems necessary to bring to the attention of such persons in connection with any proceedings before the Board,

(h) to enter upon the premises of employers and conduct representation votes during working hours and give such directions in connection with the vote as it deems necessary,

(i) to authorize any person to do anything that the Board may do under paragraph (g) or (h) and to report to the Board thereon,

(j) where in any proceedings before the Board the Board is satisfied that a bona fide mistake has been made with the result that the proper person or trade union or council of trade unions has not been named as a party or has been incorrectly named, to order the proper person or trade union or council of trade unions to be substituted or added as a party to the proceedings or to be correctly named upon such terms as appear to the Board to be just, and

(k) where in any proceedings before the Board the Board is satisfied that a bona fide mistake has been made in the completion of the technical details of a document or any details required to give validity to the document, to postpone disposition on the matter to allow the document to be corrected upon such terms as appear to the Board to be just.

126(3)Repealed: 1988, c.64, s.7

1971, c.9, s.127; 1973, c.48, s.1; 1987, c.6, s.43; 1987, c.41, s.25; 1988, c.64, s.7

Repealed

126.1Repealed: 1988, c.64, s.8

1987, c.41, s.25; 1988, c.64, s.8

Effect of decisions of Board in subsequent proceedings

127(1)Where in any proceeding under this Act the Board has found or finds that an organization of employees is a trade union within the meaning of the definition “trade union” in subsection 1(1), such finding is prima facie evidence in any subsequent proceeding under this Act that the organization of employees is a trade union for the purposes of this Act.

127(2)Where in any proceeding under this Act the Board has found or finds that an organization of trade unions is a council of trade unions within the meaning of the definition “council of trade unions” in subsection 1(1), or that an organization of employers is an employers’ organization within the meaning of the definition “employers’ organization” in subsection 1(1), such finding is prima facie evidence in any subsequent proceeding under this Act that such council or organization is a council of trade unions or an employers’ organization for the purposes of this Act.

1971, c.9, s.128

Jurisdiction of Industrial Relations Board

128(1)The Board has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it, and the action or decision of the Board thereon is final and conclusive for all purposes of this Act.

128(2)Without restricting the generality of subsection (1), if in any proceeding before the Board a question arises under this Act as to whether

(a) a person is an employer or employee,

(b) an organization or association is an employers’ organization or a trade union or a council of trade unions,

(c) a collective agreement has been entered into,

(d) a person is or what persons are bound by a collective agreement,

(e) a person is or what persons are parties to or bound by a collective agreement,

(f) a collective agreement has been entered into on behalf of any person,

(g) a collective agreement is in full force and effect,

(h) a person is bargaining collectively or has bargained collectively,

(i) a group of employees is a unit appropriate for collective bargaining,

(j) an employee belongs to a craft or group exercising technical skills,

(k) a person is a member in good standing of a trade union,

(l) a person is included in or excluded from a unit,

(m) a group of employers is a unit appropriate for collective bargaining and accreditation,

(n) an employee or person is employed in the construction industry,

(o) an employer operates a business in the construction industry,

(p) a trade, trade union or bargaining practice exists,

(q) an employer is included in or excluded from an accreditation, or

(r) an employer, employers’ organization, trade union, council of trade unions, or any other person is doing or has done any act prohibited by this Act,

the Board has exclusive jurisdiction to determine the question and its decision thereon is final and conclusive for all purposes of this Act.

128(3)Where an Executive Committee has made or caused an inquiry to be made under subsection 125(1), or an examiner has been appointed under subsection 125(2), or where a delegation has been made under subsection 125(4), the findings and conclusions on facts, subject to subsection 125(3), are final and conclusive for all purposes, but nevertheless if the Board considers it advisable to do so, the findings and conclusions on facts may be reconsidered and varied or revoked.

1971, c.9, s.129

References to the Minister

129(1)Where a request is made under the provisions of subsection 36(6) or subsection 73(2) the Minister may refer to the Board any question that arises that in his opinion relates to his authority to make an appointment under any such provision that is mentioned in the reference, and the Board shall report to the Minister its decision on the question.

129(2)Where a question referred under subsection (1) involves an issue as to whether one trade union is the successor of another trade union or whether a business has been sold by one employer to another or where such question involves an issue under subsection 60(11), the Board has the same powers and authority as it has under sections 58 to 60, as the case may be, as if an application had been made thereunder, and the Board may issue such directions as to the conduct of the proceedings as it deems advisable.

1971, c.9, s.130

Stated case to Court of Appeal

130(1)The Board may of its own motion state a case in writing, signed by the Chairperson or a Vice-Chairperson of the Board, for the opinion of the Court of Appeal upon any question that, in the opinion of the Board, is a question of law.

130(2)The Court of Appeal shall hear and determine any question of law arising in the stated case and remit the matter to the Board, with the opinion of the Court thereon.

130(3)No costs shall be awarded in a case stated under this section.

1971, c.9, s.131; 1979, c.41, s.65; 1994, c.52, s.2

Privative clause

131(1)Nothing in section 128 or 129 shall be deemed to preclude the Board from reconsidering any decision, determination, interim order, order, direction, declaration or ruling made by it and the Board may at any time, if it considers it advisable to do so, upon application made by any employee, employer, employers’ organization, trade union, council of trade unions, or other person, or of its own motion, reconsider any decision, determination, interim order, order, direction, declaration or ruling made by it and vary or revoke any such decision, determination, interim order, order, direction, declaration or ruling.

131(2)No decision, determination, interim order, order, direction, declaration or ruling of the Board shall be questioned or reviewed in any court, and no order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, declaratory judgment, judicial review, or otherwise, to question, review, prohibit or restrain the Board or any of its proceedings.

1971, c.9, s.132; 1986, c.4, s.26

Repealed

131.1Repealed: 1988, c.64, s.9

1987, c.41, s.25; 1988, c.64, s.9

Remuneration fees and expenses

132(1)The chairman and members of a conciliation board, and the chairman and members of an industrial inquiry commission, and a mediator, or mediation officer, and a person appointed by the Chief Executive Officer under section 106 shall be paid such remuneration for their services and expenses as the Lieutenant-Governor in Council may from time to time prescribe.

132(2)Every person who is summoned by the Board, or an arbitrator or arbitration board, or a conciliation board, or industrial inquiry commission, or a mediator or mediation officer and duly attends as a witness is entitled to an allowance for expenses determined in accordance with the scale for the time being in force with respect to witnesses in civil suits in The Court of King’s Bench of New Brunswick.

132(3)The Minister may provide a conciliation board, an industrial inquiry commission, a mediator or mediation officer, or other person appointed under section 106, or a person appointed under subsection 123(4) with a secretary, stenographer, and such clerical or other assistance as the Minister deems necessary for the performance of its or his duties and fix their remuneration.

132(4)All expenses of a conciliation board, an industrial inquiry commission, a mediator or mediation officer, or other person appointed under section 106 shall be allowed and paid upon the presentation of an account therefor, approved by the chairman of the board or the commission when the expenses relate to the board or commission.

132(5)One or more inquiry officers may be appointed under the provisions of the Civil Service Act to assist in the administration of this Act.

1971, c.9, s.133; 1979, c.41, s.65; 1994, c.52, s.2; 2023, c.17, s.110

Repealed

133Repealed: 1994, c.52, s.2

1971, c.9, s.134; 1994, c.52, s.2

GENERAL

Service to process

134(1)Every trade union, council of trade unions and unincorporated employers’ organization in New Brunswick that has members in New Brunswick shall, on or before such date as may be fixed by the Lieutenant-Governor in Council, or within fifteen days after it has enrolled its first member, whichever is later, file with the Board and with the Minister a notice giving the name and address of a person resident in New Brunswick who is authorized by the trade union, council of trade unions or unincorporated employers’ organization to accept on its behalf service of process and notices under this Act.

134(2)Whenever a trade union, council of trade unions or unincorporated employers’ organization changes the authorization referred to in subsection (1), it shall file with the Board and with the Minister notice thereof within fifteen days after making such change.

134(3)Service on the person named in a notice or the latest notice, as the case may be, filed under subsection (1) or (2) is a good and sufficient service for the purposes of this Act on the trade union, council of trade unions or unincorporated employers’ organization that filed the notice.

134(4)Where the employer is an extra-provincial company of which the board of directors does not meet in the Province,

(a) the company shall appoint a person resident in the Province to accept on its behalf service or process and notices under this Act and with authority

(i) to bargain collectively,

(ii) to conclude a collective agreement with the certified bargaining agent, and

(iii) to sign such agreement on behalf of the company;

(b) the collective agreement signed by such person is binding on the company; and

(c) the company is guilty of an offence if it fails to appoint a person in compliance with paragraph (a).

1971, c.9, s.135

Signatories to documents

135For the purposes of this Act, an application to the Board, a notice or a collective agreement shall be signed in accordance with rules that the Board may make.

1971, c.9, s.136; 1982, c.31, s.5

Service of documents

136(1)Any notice, interim order, order, decision, determination, direction, declaration, ruling, report, award or other paper or document, required or authorized to be served or sent for the purposes of this Act or any proceeding taken under it, may be served or sent by delivering it, or a true copy thereof,

(a) to, or at residence of, the person on or to whom service is authorized under section 134,

(b) to, or at the business address of, the person on or to whom service is authorized under section 134, or

(c) to any person who is apparently in charge at the business address of the person on or to whom service is authorized under section 134.

136(2)Any instrument to which subsection (1) refers, whether provided for or otherwise in subsection (1), may be served or sent by delivering it, or a true copy thereof,

(a) to, or at the residence of, the person on whom service is to be made,

(b) to, or at the business address of, the person on whom service is to be made,

(c) to any person who is apparently in charge at the business address of the person on whom service is to be made, or

(d) where delivery is to be effected on a trade union, council of trade unions, or employers’ organization, to an officer of the trade union, council of trade unions, or employers’ organization.

136(3)Any instrument to which subsection (1) refers for the purposes of this Act or of any proceedings taken under it, may be sent through the mail, and if sent through the mail, shall be presumed, unless the contrary is proved, to have been received by the addressee in the ordinary course of mail.

136(4)Where an instrument to which subsection (3) refers is required to be served upon, or sent to, an employer, the package containing it shall, for the purposes of subsection (3), be deemed to be properly addressed if addressed to the establishment or place of business of which he has charge, with the addition of the proper postal address thereof, although it does not name the person who is the employer.

136(5)Proof by a person, employers’ organization, trade union or council of trade unions of failure to receive a determination, order, interim order or direction under section 83, 84, 87, 88, or 106 or a decision of an arbitrator or of an arbitration board constituted under the provisions of section 55 or 55.01 sent by mail to such person, employers’ organization, trade union or council of trade unions addressed to him or it at his or its latest known address is a defence by such person, employers’ organization, trade union or council of trade unions to an application for consent to institute a prosecution, to a prosecution, or to any proceedings to enforce as a judgment or order of the Court such determination, interim order, order, direction, decision or award.

136(6)Where a notice has been given under section 33 by registered mail and the addressee claims that he or it has not received the notice, the person, employers’ organization, trade union or council of trade unions that gave the notice may give a second notice to the addressee forthwith after he or it ascertains that the first notice had not been received, but in no case may the second notice be given more than three months after the day on which the first notice was mailed, and the second notice has the same force and effect for the purposes of this Act as the first notice would have had if it had been received by the addressee.

136(7)An application for certification, for accreditation, for a declaration that a trade union or council of trade unions no longer represents the employees in a bargaining unit or for de-accreditation of an employers’ organization, if sent by registered mail addressed to the Board at Fredericton, shall be deemed to have been made on the date on which it was so mailed.

136(8)A decision, determination, interim order, order, direction, declaration or ruling of the Board, a notice from the Minister that he does not deem it advisable to appoint a conciliation officer or a conciliation board, a notice from the Minister of a report of a conciliation officer, a report of a conciliation board or of a mediator, or mediation officer, or a decision or award of an arbitrator or of an arbitration board constituted under the provisions of section 55 or 55.01,

(a) if sent by mail to the person, employers’ organization, trade union or council of trade unions concerned addressed to him or it at his or its latest known address, shall be deemed to have been released on the second day after the day on which it was so mailed, or

(b) if delivered to a person, employers’ organization, trade union or council of trade unions concerned at his or its latest known address shall be deemed to have been released on the day next after the day on which it was so delivered.

1971, c.9, s.137; 1997, c.6, s.6; 2023, c.17, s.110

Evidence

137(1)The production in any court of a document purporting to be or to contain a copy of a decision, determination, interim order, order, direction, declaration, ruling, report or award of the Board, a conciliation officer, a mediator, a mediation officer, a conciliation board, an arbitrator or an arbitration board and purporting to be signed by a member of the Board or its Chief Executive Officer, the conciliation officer, the mediator, the mediation officer, the chairman of the conciliation board, the arbitrator or the chairman of the arbitration board, as the case may be, is prima facie proof of such document without proof of the appointment, authority or signature of the person who signed the document.

137(2)A certificate purporting to be signed by the Minister or by the Deputy Minister or by an official designated by the Minister stating that a report, request or notice was or was not received or given by the Minister pursuant to this Act, and stating, if so received or given, the date upon which it was so received or given, shall be prima facie evidence of the facts stated therein without proof of the signature or of the official character of the person who signed the same.

137(3)Where an appointment, order or direction is required to be made under this Act by the Minister, he may authorize the Deputy Minister to make the appointment, order or direction, and a document purporting to be or to contain a copy of such an appointment, order or direction and purporting to be signed by the Minister or by the Deputy Minister shall be accepted by any court as evidence of the appointment, order or direction.

1971, c.9, s.138; 1982, c.3, s.36; 1983, c.30, s.15; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89

Disclosure of information

138(1)The records of a trade union relating to membership or any records that may disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union or council of trade unions produced in a proceeding before the Board is for the exclusive use of the Board and its officers and shall not, except with the consent of the Board, be disclosed, and no person shall, except with the consent of the Board, be compelled to disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union or council of trade unions.

138(2)No member of the Board, nor its Chief Executive Officer, nor any of its other officers, clerks, or servants shall be required to give testimony in any civil suit respecting information obtained in the discharge of their duties under this Act.

138(3)No information or material furnished to or received by a conciliation officer or a mediator or a mediation officer

(a) under this Act, or

(b) in the course of any endeavour that a conciliation officer or a mediation officer may make under the direction of the Minister to effect a collective agreement after the Minister

(i) has released the report of a conciliation board, or

(ii) has informed the parties that he does not deem it advisable to appoint a conciliation board,

shall be disclosed except to the Minister, the Deputy Minister or the Director of Industrial Relations under the Minister.

138(4)No report of a conciliation officer or mediator or mediation officer shall be disclosed except to the Minister, the Deputy Minister or the Director of Industrial Relations under the Minister but nothing in this section shall preclude the report of any such officer being made available to a conciliation board where a board is established subsequently in a proceeding that was before the conciliation officer or mediator or mediation officer.

138(5)The Minister, the Deputy Minister, the Director of Industrial Relations under the Minister, any conciliation officer or mediator or mediation officer appointed under this Act, or any person designated by the Minister to endeavour to effect a collective agreement is not a competent or compellable witness in proceedings before any court or other tribunal respecting any information, material or report mentioned in subsection (3) or (4) or respecting any information or material furnished to or received by him, or any statement made to or by him in an endeavour to effect a collective agreement.

138(6)The chairman or any other member of a conciliation board is not a competent or compellable witness in proceedings before any court or other tribunal respecting

(a) any information or material furnished to or received by him,

(b) any evidence or representation submitted to him, or

(c) any statement made by him,

in the course of his duties under this Act.

138(7)No information or material furnished to or received by the Chief Executive Officer or by any person appointed by him under section 106 and no report of any such person shall be disclosed except to the Board or as authorized by the Board, and no member of the Board and no such person is a competent or compellable witness in proceedings before any court or other tribunal respecting any such information, material or report.

1971, c.9, s.139; 1982, c.3, s.36; 1983, c.30, s.15; 1985, c.51, s.16; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.16, s.89

Required filings by unions and employer organizations

139(1)Every trade union, council of trade unions or employers’ organization shall file with the Minister a copy, certified by its proper officers to be true and correct, of its constitution, rules and by-laws, or other instruments or documents containing a full and complete statement of its objects and purposes.

139(2)Whenever a trade union, council of trade unions or employers’ organization makes a revision of its constitution rules or by-laws, it shall file with the Minister the revised provisions of the constitution, or the revised rules or by-laws within sixty days after such revision.

139(3)The Board may direct a trade union, council of trade unions or employers’ organization to file with the Board within the time prescribed in the direction a copy of its constitution rules and by-laws and a declaration of its president or secretary setting forth the names and addresses of its officers and the trade union, council of trade unions, or employers’ organization shall comply with such direction.

139(4)Every trade union shall upon the request of any member furnish him, without charge, with a copy of an audited financial statement of its affairs to the end of its last fiscal year, certified by its treasurer or other officer responsible for the handling and administration of its funds to be a true copy, and, upon the complaint of any member that the trade union has failed to furnish such a statement to him, the Board may direct the trade union to file with the Chief Executive Officer, within such time as the Board determines, a copy of the audited financial statement of its affairs to the end of its last fiscal year verified by the affidavit of its treasurer or other officer responsible for the handling and administration of its funds, and to furnish a copy of such statement to such members of the trade union as the Board in its discretion directs, and the trade union shall comply with such direction.

139(5)No proceedings under this Act shall be invalidated by reason of a failure to comply with subsections (1) to (4).

1971, c.9, s.140

Irregularities

140No proceeding under this Act shall be deemed invalid by reason of any defect in form or any technical irregularity.

1971, c.9, s.141

Disposal of fines and penalties

141All fines and penalties recovered under this Act shall be forthwith paid into the Consolidated Fund for the use of the Province.

1971, c.9, s.142

REGULATIONS

Regulations

142The Lieutenant-Governor in Council may make such regulations, not inconsistent with any other provision of this Act

(a) respecting the time within which anything authorized by this Act shall be done;

(b) providing for and regulating the engagement of experts and other technical assistants by mediators, mediation officers and conciliation boards;

(c) respecting the retention of documents required to be filed under this Act with the Board or the Minister;

(d) requiring the filing with the Minister of awards of arbitrators and arbitration boards;

(e) prescribing forms and providing for their use, including the form in which decisions, directions, determinations, interim orders and orders under the provisions of sections 55, 55.01, 83, 84, 87, 88 and 106 shall be filed in The Court of King’s Bench of New Brunswick;

(f) generally for the better administration of this Act.

1971, c.9, s.143; 1979, c.41, s.65; 1997, c.6, s.7; 2023, c.17, s.110

TRANSITIONAL

Transitional provisions

143(1)Upon the coming into force of this Act

(a) every notice, decision, determination, consent, interim order, order, certification, direction, declaration, report, ruling, or other act or thing made, given or done under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or continued under the provisions of that Act shall continue as if made, given or done under the provisions of this Act and shall be effective as if made, given or done under the provisions of this Act, subject nevertheless to the terms thereof and to the provisions of this Act;

(b) every award of an arbitrator or arbitration board made, given or done under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or under the provisions of a collective agreement subject to the provisions of that Act shall continue as if made, given or done under the provisions of this Act and shall be enforceable, subject to the terms of the award, as if made, given or done under the provisions of this Act;

(c) every collective agreement entered into under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, or continued under the provisions thereof shall continue as if entered into under the provisions of this Act, subject nevertheless to the terms of the agreement and to the provisions of this Act;

(d) every collective agreement or recognition agreement that would be a collective agreement or a recognition agreement if entered into under the provisions of this Act shall be deemed to be a collective agreement or recognition agreement entered into under the provisions of this Act, subject nevertheless to the terms of the collective agreement or recognition agreement and to the provisions of this Act;

(e) every examiner appointed to an inquiry under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, every conciliation officer appointed to an inquiry or dispute under that Act, every chairman and member appointed to a conciliation board or to an industrial inquiry commission under the provisions of that Act, and every arbitrator appointed or chairman or member appointed to an arbitration board under the provisions of that Act or under the provisions of a collective agreement subject to the provisions of that Act shall continue to act as if appointed under the provisions of this Act, subject nevertheless to the terms of the appointment and to the provisions of this Act;

(f) every proceeding that has commenced before the Labour Relations Board, the Executive Committee of the Board, an examiner, the Minister, a conciliation officer, or a conciliation board under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, and not disposed of and every proceeding that has commenced before an arbitrator or an arbitration board under the provisions of that Act or under the provisions of a collective agreement subject to the provisions of that Act and not disposed of, shall continue as a proceeding under this Act before the Board, the Executive Committee of the Board or the Board where an Executive Committee has not been appointed, the examiner, the conciliation officer, the conciliation board, the arbitrator or the arbitration board, subject nevertheless to the provisions of this Act; and

(g) an application for a consent to prosecute for an offence committed under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, while that Act is still in force, or a prosecution for an offence committed under the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, while that Act is still in force, may be commenced or continued as if the provisions of that Act were still in force.

143(2)Upon the coming into force of this Act

(a) the Board or the Minister, as the case may be, may amend, or cause to be amended, upon application or in any case where it is deemed necessary to do so, any act or thing made, given or done and continued under paragraph (1)(a) to adapt the act or thing made, given or done to the provisions of this Act but until so amended the act or thing made, given or done shall apply in accordance with the terms thereof;

(b) the Board, an examiner, the Minister, a conciliation officer, a conciliation board, an arbitrator or an arbitration board as the case may be may amend, or cause to be amended, upon application or in any case where it is deemed necessary to do so, any proceeding continued under paragraph (1)(f) to adapt the proceeding to the procedures of this Act;

(c) a collective agreement or a recognition agreement deemed to be a collective agreement or a recognition agreement for the purposes of this Act under paragraph (1)(d) does not bind any person or party who would not be bound if the collective agreement or recognition agreement came into force on the coming into force of this Act but, except as provided, such collective agreement shall operate from the date of execution and such recognition agreement from the date of the signing of the agreement; and

(d) an application for certification or for revocation that is continued under paragraph (1)(f) shall be determined under the provisions of the Labour Relations Act, chapter 124 of the Revised Statutes, 1952, as if the provisions of that Act were in force, but nevertheless section 16 of this Act shall apply mutatis mutandis to such proceedings.

143(3)Upon the coming into force of this Act

(a) subsection 9(5) does not apply to a collective agreement entered into before the coming into force of this Act or to a collective agreement deemed to be a collective agreement under paragraph (1)(d);

(b) section 43 does not apply to any such agreement entered into before April 1, 1972;

(c) subsection 75(2) does not apply to an arbitration that has commenced before the coming into force of this Act and subsection (1) of the section shall apply thereto;

(d) subsection 75(3) does not apply to an agreement that has expired before the coming into force of this Act;

(e) subsection 76(4) does not apply to an arbitration that has commenced before the coming into force of this Act where the evidence has been heard;

(f) sections 82, 84 and subsection 85(1) do not apply until a date is fixed under the provision made in subsection 82(1);

(g) section 83 does not apply to a jurisdictional dispute that has been settled before the coming into force of this Act;

(h) sections 94 and 95 do not apply to a strike or lock-out that has commenced before the coming into force of this Act;

(i) section 106 does not apply to a complaint arising before the coming into force of this Act, and

(j) section 127 does not apply to such findings made before the coming into force of this Act.

1971, c.9, s.144; 1987, c.6, s.43

LORNEVILLE AREA PROJECTS
BARGAINING AUTHORITY

Repealed: 2006, c.2, s.1

2006, c.2, s.1

Repealed

144Repealed: 2006, c.2, s.2

1972, c.37, s.5; 1973, c.74, s.40; 1975, c.30, s.1; 1991, c.59, s.54; 2006, c.2, s.2

Repealed

145Repealed: 2006, c.2, s.3

1972, c.37, s.5; 2006, c.2, s.3

Repealed

145.1Repealed: 2006, c.2, s.4

1975, c.30, s.2; 2006, c.2, s.4

Repealed

146Repealed: 2006, c.2, s.5

1972, c.37, s.5; 1975, c.30, s.3; 2006, c.2, s.5

Repealed

147Repealed: 2006, c.2, s.6

1972, c.37, s.5; 1975, c.30, s.4; 1976, c.32, s.1; 1986, c.8, s.59; 1991, c.59, s.54; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.2, s.6

Repealed

148Repealed: 2006, c.2, s.7

1972, c.37, s.5; 2006, c.2, s.7

Repealed

149Repealed: 2006, c.2, s.8

1972, c.37, s.5; 1985, c.4, s.32; 1986, c.8, s.59; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.2, s.8

Repealed

150Repealed: 2006, c.2, s.9

1972, c.37, s.5; 1975, c.30, s.5; 1976, c.32, s.2; 1986, c.8, s.59; 1987, c.6, s.43; 1991, c.59, s.54; 1992, c.2, s.28; 1998, c.41, s.66; 2000, c.26, s.163; 2006, c.2, s.9

Repealed

151Repealed: 2006, c.2, s.10

1972, c.37, s.5; 2006, c.2, s.10

Repealed

152Repealed: 2006, c.2, s.11

1972, c.37, s.5; 2006, c.2, s.11

Repealed

153Repealed: 2006, c.2, s.12

1972, c.37, s.5; 1987, c.6, s.43; 2006, c.2, s.12

Repealed

154Repealed: 2006, c.2, s.13

1972, c.37, s.5; 2006, c.2, s.13