Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 82
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Considerations of arbitration tribunal
82(1)In rendering an arbitral award, the arbitration tribunal shall take into consideration the following factors, and any other factors that the arbitration tribunal 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 other unionized employees of the employer;
(b) a comparison of the wages and benefits, resulting from collective bargaining or arbitral awards, of persons in similar occupations employed by comparable public sector employers in Nova Scotia, Prince Edward Island and Newfoundland and Labrador;
(c) a comparison of the wages and benefits, resulting from collective bargaining or arbitral awards, of persons in similar occupations employed by comparable private sector employers in New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador, considering the relative fiscal and economic health of the employer concerned;
(d) the employer’s ability to pay, considering the fiscal and economic health of the employer;
(e) the need to avoid wage compression and inversion in the Public Service; and
(f) the employer’s ability to attract and retain qualified employees included in the relevant bargaining unit.
82(2) In an arbitral award, the arbitration tribunal shall include written reasons that explain how the arbitration tribunal has considered the factors in subsection (1).
1968, c.88, s.82; 1990, c.30, s.21; 2022, c.63, s.15
Considerations of arbitration tribunal
82To ensure that wages and benefits are fair and reasonable to the employees and to the employer the arbitration tribunal shall consider, for the period with respect to which the arbitral award will apply, the following:
(a) wages and benefits in private and public, and unionized and non-unionized, employment;
(b) the continuity and stability of private and public employment including employment levels and incidence of layoffs;
(c) the fiscal policies of the Government of the Province of New Brunswick;
(d) the terms and conditions of employment in similar occupations outside the Public Service taking into account any geographic, industrial or other variations that the arbitration tribunal considers relevant;
(e) the need to maintain appropriate relationships in terms and conditions of employment between different grade levels within an occupation and between occupations in the Public Service;
(f) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(g) any other factor that the arbitration tribunal considers relevant to the matter in dispute.
1968, c.88, s.82; 1990, c.30, s.21
82To ensure that wages and benefits are fair and reasonable to the employees and to the employer the arbitration tribunal shall consider, for the period with respect to which the arbitral award will apply, the following:
(a) wages and benefits in private and public, and unionized and non-unionized, employment;
(b) the continuity and stability of private and public employment including employment levels and incidence of layoffs;
(c) the fiscal policies of the Government of the Province of New Brunswick;
(d) the terms and conditions of employment in similar occupations outside the Public Service taking into account any geographic, industrial or other variations that the arbitration tribunal considers relevant;
(e) the need to maintain appropriate relationships in terms and conditions of employment between different grade levels within an occupation and between occupations in the Public Service;
(f) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and
(g) any other factor that the arbitration tribunal considers relevant to the matter in dispute.
1968, c.88, s.82; 1990, c.30, s.21