Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
Home | Franšais

An Act to Amend the Industrial Relations Act

Legislature :
55
Session :
3
Bill No. :
14
Member :
Hon. Blaney
First Reading :
2005-12-9
Second Reading :
2005-12-13
Committee of the Whole :
2006-3-31
Amended :
Third Reading :
2006-4-4
Royal Assent :
2006-4-13
Download PDF :
Bill 14

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           The heading "LORNEVILLE AREA PROJECTS BARGAINING AUTHORITY" preceding section 144 of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is repealed.



2                           Section 144 of the Act is repealed.



3                           Section 145 of the Act is repealed.



4                           Section 145.1 of the Act is repealed.



5                           Section 146 of the Act is repealed.



6                           Section 147 of the Act is repealed.



7                           Section 148 of the Act is repealed.



8                           Section 149 of the Act is repealed.



9                           Section 150 of the Act is repealed.



10                        Section 151 of the Act is repealed.



11                        Section 152 of the Act is repealed.



12                        Section 153 of the Act is repealed.



13                        Section 154 of the Act is repealed.



14                        Section 155 of the Act is repealed.



15                        Section 156 of the Act is repealed.



TRANSITIONAL PROVISIONS

16                        The following bodies are abolished on the commencement of this Act:



(a)               the Lorneville Area Projects Bargaining Authority; and



(b)               all panels of the Authority constituted under section 150 of the Act.



17                        All appointments, designations or elections of persons or organizations as a chairman, vice-chairman, joint chairman or member of a body abolished under section 16 are revoked or null and void, as the case may be.



18                        All contracts, agreements and orders relating to allowances, fees, salaries, expenses, compensation and remuneration to be paid to a chairman, vice-chairman, joint chairman or member of a body abolished under section 16 are null and void.



19                        All collective agreements entered into between the Lorneville Area Projects Bargaining Authority, or any panel of it constituted under section 150 of the Act, and a bargaining agent are void and shall be of no force or effect on the commencement of this Act.



20                        No action, application or other proceeding lies or shall be instituted against the Minister of Training and Employment Development or the Crown in right of the Province as a result of



(a)               the abolition of a body under section 16,



(b)               the revocation or nullification of an appointment, designation or election under section 17, or



(c)                the voiding of a collective agreement under section 19.



CONSEQUENTIAL AMENDMENTS

21                        New Brunswick Regulation 84-82 under the Industrial Relations Act is repealed.



EXPLANATORY NOTES



Section 1



The existing provision is as follows:



LORNEVILLE AREA PROJECTS BARGAINING AUTHORITY



Section 2



The existing provision is as follows:



144                   In sections 144 to 156



"Authority" means the Lorneville Area Projects Bargaining Authority constituted under section 146;



"construction work" means construction work of any kind undertaken or to be performed on the site of an industrial development project;



"industrial development project" means an industrial development project in the Lorneville Area;



"Lorneville Area" means the geographic area set out in the regulations and unless the context otherwise requires includes the Power Sites.



"member in relation to construction work" at the Power Sites or in the Lorneville Area excluding the Power Sites includes a member designated as a member in relation to the sites or area, a member who is an owner on the site or in the area for whom construction work is being performed or is to be undertaken, a member who is under contract to perform or to undertake construction work on the sites or in the area, and a member with bargaining rights in relation to the sites or area for which a panel is to be constituted or convened;



"owner" includes the New Brunswick Power Corporation and the owner, or the agent thereof, of any industrial development project site;



"panel" means a panel constituted under section 150;



"Point Lepreau Site" means the geographic area set out in the regulations;



"Power Sites" mean the Point Lepreau Site and Thermal Power Site;



"Thermal Power Site" means the geographic area set out in the regulations.



Section 3



The existing provision is as follows:



145                   Where there is a conflict between any provision in sections 1 to 143 and any provision in sections 144 to 156, the provisions in sections 144 to 156 prevail.



Section 4



The existing provision is as follows:



145.1               Upon the coming into force of this section those collective agreements applicable to the Thermal Power Site shall apply to and be in force on the Power Sites and notwithstanding the change in membership, the panel constituted in relation to the Power Sites shall be for all purposes the same panel as the panel previously constituted in relation to the Thermal Power Site.



Section 5



The existing provision is as follows:



146(1)            The Lieutenant-Governor in Council may establish a Lorneville Area Projects Bargaining Authority.



146(2)            The Authority shall have a general supervision over any matter affecting a member under the Act but shall not be a person, an employer or an employer's organization within or for the purposes of the Act.



146(3)            The general purpose and objects of the Authority shall apply, subject to section 154, only in relation to construction work on the site of an industrial development project and shall be



(a)               to provide for co-operation and co-ordination among members of the Authority in the promotion and advancement of industrial relations,



(b)               to represent members in collective bargaining matters,



(c)                to bargain collectively from time to time and to conclude collective agreements, and



(d)               to do all such things as may directly or indirectly be incidental, conducive and proper to or for the advancement of industrial relations, the promotion of industrial harmony and for the attainment of the general purpose and objects.



146(4)            Notwithstanding anything in this Act, the Authority may take any action, in its own right or on behalf of its members, to enforce a collective agreement or to prevent the continuation of an offence under section 91 and for such purposes the Authority is a legal entity.



Section 6



The existing provision is as follows:



147(1)            Membership in the Authority shall be open



(a)               to any employer, who is not represented by an employers' organization, or to any employers' organization, that, on the date of the establishment of the Authority, has bargaining rights in the construction industry in the Lorneville Area whether the rights arise by certification, voluntary recognition or under a collective agreement,



(b)               to any employers' organization that, subsequent to the date of the establishment of the Authority, acquires bargaining rights in the construction industry in a geographic area or a part thereof, inclusive of the Lorneville area or a part thereof, whether the rights arise by certification, accreditation or by voluntary recognition, when and during any period that a member of the employers' organization is under contract to perform or to undertake construction work on the site of an industrial development project,



(c)                to any member of an employers' organization within paragraph (a) when the member of the employers' organization is under contract to perform or to undertake construction work on the site of an industrial development project,



(d)               to any subcontractor on the site of an industrial development project under a contractor to whom membership is open under paragraph (c) or is required under paragraph (2)(c), and



(e)                to any owner, subject to the provision made in subsections (3) and (4), for whom construction work is being performed or is to be undertaken on the site of an industrial development project.



147(2)            Membership in the Authority shall be required



(a)               of any member of an employers' organization within paragraph (1)(b) when and during any period that the employers' organization is not a member of the Authority and the member of the employers' organization is under contract to perform or to undertake construction work on the site of an industrial development project,



(b)               of any contractor who, subsequent to the date of the establishment of the Authority, acquires bargaining rights in the construction industry in a geographic area or a part thereof, inclusive of the Lorneville area or a part thereof, whether the rights arise by certification or by voluntary recognition when and during any period that the contractor is not a member of an employers' organization that is a member of the Authority and the contractor is under contract to perform or to undertake construction work on the site of an industrial development project, and



(c)                of any contractor who, subsequent to the date of the establishment of the Authority, concludes a contract to perform or to undertake construction work on the site of an industrial development project and who is not within paragraph (b).



147(3)            The New Brunswick Power Corporation shall be a member of the Authority for the purposes of construction work in relation to the Power Sites.



147(4)            The Minister of Business New Brunswick or his designated representative shall be a member of the Authority for the purposes of construction work in relation to the Lorneville Area excluding the Power Sites.



147(5)            The Construction Association of New Brunswick Inc. and the Saint John Construction Association shall be members of the Authority for the purposes of construction work in relation to the Lorneville Area.



147(6)            A member of the Authority who is under contract with an owner or a member who, in the case of an employers' organization, has a member under contract with an owner, shall remain a member of the Authority so long as the contract is in effect; but the membership of such a member shall be ipso facto terminated upon receipt of written notification from the owner of its acceptance of the contracted work; when any such member has or is affected by more than one contract with an owner or with more than one owner, membership shall be maintained until completion of the final contract and the receipt of written notification of acceptance of such contracted work.



Section 7



The existing provision is as follows:



148(1)            The membership of the Authority shall include a chairman of the Authority and a vice-chairman of the Authority if appointed.



148(2)            A vice-chairman shall act as Chairman in the case of a vacancy in the office of Chairman or in the absence or incapacity of the Chairman and he may act at other times as Vice-Chairman in relation to such matters as the Chairman may assign; a vice- chairman shall be a member of the Authority for the purposes of subsection 149(3) or (4), only when acting as chairman in the case of a vacancy in the office of Chairman or in the absence or incapacity of the Chairman.



148(3)            The Chairman shall be the Chief Executive Officer of the Authority and shall have supervision over and direction of the officers and employees of the Authority.



148(4)            The Chairman and a Vice-Chairman shall be appointed by the Lieutenant-Governor in Council to hold office during good behaviour for such period, not exceeding five years, as may be determined by the Lieutenant-Governor in Council on making the appointment; a person shall not be ineligible to hold office as Chairman or Vice-Chairman because he holds other office or employment under the Province.



148(5)            The Chairman of the Authority shall maintain a register of members.



Section 8



The existing provision is as follows:



149(1)            The members of the Authority, subject to the approval of the Lieutenant-Governor in Council, have authority to make, alter and repeal all by-laws necessary for the due regulation of the affairs of the Authority but nothing in this subsection shall be deemed to prevent the Authority, in the absence of by-laws, from carrying out its purpose or objects in accordance with the powers authorized and the procedures prescribed in sections 144 to 156.



149(2)            A member, other than the Chairman or Vice-Chairman of the Authority, shall be represented by either the proprietor, a partner or an executive officer thereof and may designate one alternate of similar rank.



149(3)            A member shall have one vote in meetings of the Authority unless the by-laws otherwise provide.



149(4)            A quorum shall be five members unless the by-laws otherwise provide; the decision of a majority of the members present and constituting a quorum shall be the decision of the Authority.



149(5)            The Authority may appoint such officers and employees as may be required and the Minister may from time to time provide the Authority, on request made by the Chairman, with such clerical and other assistance as may be required.



149(6)            The Authority shall provide for its operating expenses by an assessment on members or under such other arrangements as the Lieutenant-Governor in Council may approve.



149(7)            A decision of the Authority or of a panel made by a quorum shall not be invalid by a defect in a notice.



149(8)            A decision of the Authority or of a panel made by a quorum shall not be invalid because the membership in the Authority or a panel subsequently falls below that prescribed for a quorum.



149(9)            The proceedings or a decision of the Authority or of a panel shall not be affected by the circumstance alone of a change in the membership or composition of the Authority or of a panel, or because of a vacancy on a panel.



Section 9



The existing provision is as follows:



150(1)            The members of the Authority, who are members in relation to construction work at the Power Sites, shall from time to time constitute a panel of seven persons comprising



(a)               one person designated by the Board of Directors of the Saint John Construction Association Inc.,



(b)               one person elected or appointed by the New Brunswick Mechanical Contractors Employers Association Inc.,



(c)                one person elected or appointed by the Electrical Contractors Association of New Brunswick Inc.,



(d)               three persons designated by the New Brunswick Power Corporation, and



(e)                a chairman appointed by the persons elected, appointed or designated under paragraphs (a) to (d).



150(2)            The members of the Authority, who are members in relation to construction work in the Lorneville Area excluding the Power Sites, shall from time to time constitute a panel of seven persons comprising



(a)               one person elected or appointed by the contractor members,



(b)               one person designated by the Council of the Construction Association of New Brunswick Inc.,



(c)                one person designated by the Board of Directors of the Saint John Construction Association,



(d)               subject to paragraph (e), three persons designated by the Minister of Business New Brunswick,



(e)                two persons designated by the Minister of Business New Brunswick and a person appointed by an owner when an owner is on site for whom construction work is being performed or a person designated by the Minister of Business New Brunswick and two persons elected or appointed by the owners when more than one owner is on site for whom construction work is being performed or is to be undertaken; but, a person designated under paragraph (d) shall continue as a member of the panel until a person is elected or appointed under this paragraph in which event the Minister of Business New Brunswick shall designate which of the members under paragraph (d) is to continue as the designated member or members and the other member or members shall retire notwithstanding subsection (5), and



(f)                a chairman appointed by the persons elected, appointed or designated under paragraph (a) to (e).



150(3)            A member of the Authority, for the purposes of subsection (1) or (2), may be a member both in relation to construction work on the Power Sites and in relation to construction work in the Lorneville Area excluding the Power Sites.



150(4)            The Chairman of the Authority shall from time to time convene the members within subsection (1) or subsection (2) for the purpose of constituting a panel within subsection (1) or (2); in the event of the non-election or appointment or designation of a panel member, other than a chairman, within one week of a meeting called for the purpose or such extension as may be agreed upon with the concurrence of the Chairman of the Authority, the Lieutenant-Governor in Council may designate a member to fill the place of the member not so elected, appointed or designated; in the event of the non-appointment of a chairman of a panel within one week of a meeting called for the purpose, or such extension as may be agreed upon with the concurrence of the Chairman of the Authority, the Chairman of the Authority shall act as chairman of the panel or he may designate a person to act as chairman until a chairman is elected or appointed.



150(5)            A member of a panel, other than the Chairman of the Authority or a chairman designated to act by the Chairman of the Authority, shall hold office for a term fixed in the election, designation or appointment, not exceeding one year; a vacancy shall be filled in the manner set out in this section for an election, appointment or designation.



150(6)            A quorum of a panel shall be four members and the decision of a majority of the members present and constituting a quorum shall be the decision of the panel.



150(7)            Paragraphs (1)(a) to (d), paragraphs (2)(a) to (e), subsection (5) and subsection (6) shall apply in the absence of provision made by by-law to regulate the size and composition of a panel, the quorum, the term of office of a member and a vacancy in office, but the representative composition of a panel shall be maintained.



Section 10



The existing provision is as follows:



151(1)            A panel shall be the exclusive bargaining authority in relation to the part of the Lorneville Area for which it is constituted and shall have exclusive power to represent members in collective bargaining matters, to bargain collectively from time to time and to enter into collective agreements with bargaining agents representing employees of members in relation to the part of the Lorneville Area for which it is constituted.



151(2)            The panels shall have the power and may combine together, or may be convened together by the Chairman of the Authority, for any of the purposes set out in subsection (1) and, when combined together for the purpose of bargaining collectively in relation to the Lorneville Area, or a part thereof, shall appoint a joint chairman from within or from outside the panels.



151(3)            In the event of the non-appointment of a joint chairman under subsection (2) within one week of a meeting called for the purpose by the Chairman of the Authority, or such extension as may be agreed upon with the concurrence of the Chairman of the Authority, the Chairman of the Authority shall act as joint chairman or he may designate a person to act as joint chairman until a joint chairman is appointed; a joint chairman, other than the Chairman of the Authority, or a joint chairman designated by the Chairman of the Authority, shall hold office for a term fixed in the appointment, not exceeding one year; a joint chairman, if not a member of a panel at the time of appointment, shall be a member and, if a member of a panel at the time of appointment, shall have a casting vote.



151(4)            Unless otherwise provided by by-law of the Authority, a quorum of the panels meeting together shall be six members comprising three members of each panel; a decision of a majority of the members present and constituting a quorum shall be the decision of the panels.



151(5)            A collective agreement negotiated under subsection (2) and affecting a panel shall be subject to the approval of the panel affected and, if approved and concluded by the panel, shall be deemed for all purposes of the Act to be a separate agreement as if concluded by the panel affected under subsection (1).



151(6)            Bargaining collectively undertaken under subsection (2) and affecting a panel shall be deemed for all purposes of the Act to be separate bargaining undertaken by the panel affected as if undertaken under subsection (1).



151(7)            A panel shall have power to bargain collectively from time to time and to enter into collective agreements with a trade union or council of trade unions the members of which are not at the time employees of a member of the Authority and the provisions of subsections (1) to (6) shall apply thereto.



Section 11



The existing provision is as follows:



152(1)            A panel shall be deemed to be an employers' organization within and for the purposes of the Act but shall not be an employer or an employers' organization for the purposes of an application for certification or for an accreditation or for the termination of an accreditation and sections 106 to 113, subsection 114(1) in respect to section 106, and subsection 114(2) shall not apply; nothing in this subsection shall be construed to preclude an application of sections 106 to 114 to a member employer or member employers' organization.



152(2)            A panel, in relation to the panel area, shall have the same rights as if an accredited employers' organization within subsection 46(2) and in relation to the panel area shall succeed to the rights, duties and obligations expressed in subsection 47(1) as if an accredited employers' organization; but a panel may arrange with any employer or employers' organization or with a panel affected for the administration or continuing administration of any collective agreement.



152(3)            Sections 50, 51, 94, 95 and subsection 101(1) as they apply to an accredited employers' organization shall apply mutatis mutandis to a panel under sections 144 to 156, but the proviso to subsection 101(1) shall not apply; for the purposes of section 94 or 95, the "bargaining unit" shall be the employer members or member in relation to whom the panel is or has been bargaining collectively; but a lock-out shall not occur without the concurrence of the panel.



Section 12



The existing provision is as follows:



153(1)            An existing collective agreement in relation to the part of the Lorneville Area for which a panel is constituted and a collective agreement concluded by a panel under section 151 in relation to the part of the Lorneville Area for which a panel is constituted shall in relation to the panel area have the effect, duration, or application, as the case may be, expressed in subsections 47(2) to (7); but nothing herein shall prevent an application being made to the Board under subsection 57(5) for the early termination of an agreement so far as it affects a panel and the Board may consent thereto.



153(2)            Where a collective agreement is concluded by a panel under section 151 and is entered into on behalf of one or more members of the Authority, subsections 48(2) and (3) shall apply thereto mutatis mutandis; but the collective agreement shall not be binding on a member of the Authority when the member ceases to be a member in relation to the panel.



153(3)            A collective agreement concluded by a panel, if entered into when no members of the trade union or council of trade unions affected are employed by a member of the Authority, is binding on the panel, the trade union or council of trade unions and the members thereof and is binding on an employer affected by its terms who becomes a member of the Authority as if the member was a member at the date of the collective agreement.



153(4)            Except as otherwise provided a collective agreement concluded by a panel has the same force and effect, is subject to the same terms, and is a collective agreement for the purposes of the Act.



153(5)            When an employer member, who is not a member of an employers' organization, ceases to be a member of the Authority in relation to a panel, the member shall revert to the rights, duties and obligations that obtained under the Act prior to the employer becoming a member of the Authority in relation to the panel so far as the rights, duties, and obligations have continued, subject to such rights, duties and obligations, if any, that may have arisen under sections 1 to 143 subsequent to its becoming a member.



153(6)            When an employer member, who is a member of an employer's organization that is a member of the Authority, ceases to be a member of the Authority in relation to a panel, the member and the employers' organization shall revert to the rights, duties and obligations that obtained under the Act prior to the employer becoming a member of the Authority in relation to the panel so far as the rights, duties, and obligations have continued, subject to such rights, duties and obligations, if any, that may have arisen under sections 1 to 143 subsequent to its becoming a member.



153(7)            When an employers' organization ceases to be a member of the Authority in relation to a panel, the employers' organization shall revert to the rights, duties, and obligations that obtained under the Act prior to the employers' organization becoming a member of the Authority in relation to the panel so far as the rights, duties, and obligations have continued, subject to such rights, duties and obligations, if any, that may have arisen under sections 1 to 143 subsequent to its becoming a member.



Section 13



The existing provision is as follows:



154(1)            Nothing in this Act shall preclude a panel from constituting a joint bargaining committee with any employer or employers' organization with a view to concluding a collective agreement applicable within the panel area and to employees of the employer or to employees of members of the employers' organization who are not employed in the Lorneville Area, but the negotiations with a view to the collective agreement and the collective agreement shall be deemed for all purposes of the Act to be separate as to the panel as if undertaken or reached under subsection 151(1); but, when a member within such an agreement ceases to be a member of the Authority in relation to the panel, the provisions of the collective agreement concluded, if in force and applicable to the member, shall apply to the member and subsections 153(5), (6) and (7) shall not apply.



154(2)            Nothing in sections 144 to 156 shall preclude an employer from bargaining collectively or from concluding a collective agreement or from being included in an application for an accreditation or from being included under the provisions of a collective agreement entered into by an employers' organization or by an accredited employers' organization, but the collective bargaining, the collective agreement or the application for accreditation shall not affect the employer in relation to construction work on a panel site, or affect employees of the employer on the panel site; but, when the employer ceases to be a member of the Authority in relation to the panel site, the collective agreement concluded by the employer or by the employers' organization or by the accredited employers' organization, if in force and applicable to the employer, shall apply to the employer and subsections 153(5), (6) and (7) shall not apply.



154(3)            Nothing in sections 144 to 156 shall require an employers' organization to include an employer in an application for accreditation in respect to employees of the employer affected on a panel site when the employer or the employers' organization is a member of the Authority.



154(4)            Nothing in sections 144 to 156 shall require the Board on an application for certification, for a declaration of termination of bargaining rights, for accreditation or for a declaration terminating an accreditation, to exclude the employees affected on a panel site of an employer who is a member of the Authority and an order, if otherwise appropriate, may be made subject to the provisions of sections 144 to 156.



154(5)            Subsection 56(1) does not apply to collective agreements within or concluded under sections 144 to 156 and nothing in subsection 57(1) shall preclude a panel from entering into an interim collective agreement for a period less than one year.



Section 14



The existing provision is as follows:



155(1)            Except as expressly provided in sections 144 to 156, sections 44 to 49 and subsection 101(2) do not apply to a panel.



155(2)            The Authority and a panel shall file the declaration required under subsection 134(1) and a panel shall file the notice prescribed in section 82.



155(3)            A chairman of a panel shall be deemed to be a person authorized within the meaning of paragraph 135(c).



155(4)            Where any question arises under sections 144 to 156 as to whether



(a)               work is construction work,



(b)               bargaining rights exist or have been acquired,



(c)                an owner, contractor, sub-contractor, employer or employers' organization is eligible or required to be or to continue to be a member of the Authority,



(d)               a member is a member in relation to the Power Sites or to the Lorneville Area excluding the Power Sites,



(e)                a person is a member of a panel and a panel is properly constituted,



(f)                a trade union or council of trade unions is a trade union or council of trade unions in the recognized building trades, or



(g)               rights, duties and obligations exist or exist on a reversion 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 thereon is final and conclusive for all purposes of the Act as if made under section 128.



155(5)            The Authority or a panel may of its own motion state a case in writing, signed by the Chairman of the Authority, for the opinion of the Board upon any question arising in relation to the application of sections 144 to 156 under the provisions of the Act and the Board shall hear and determine the question and remit the matter to the Authority or panel with the opinion of the Board thereon.



155(6)            Notwithstanding anything in this Act or in any other Act, it shall be a condition of every contract, awarded on and from the date of the establishment of the Authority for construction work on the site of an industrial development project, that a contractor party thereto or a subcontractor thereunder establish or accord exclusive recognition in relation to the site of the industrial development project to an appropriate trade union or council of trade unions in the recognized building trades during any period that the contractor or subcontractor is under contract to perform or to undertake construction work on the site of the industrial development project.



Section 15



The existing provision is as follows:



156(1)            The Lieutenant-Governor in Council may make regulations, not inconsistent with the provisions of sections 144 to 155, or any other provision of the Act, for the better administration of sections 144 to 155.



156(2)            The Lieutenant-Governor in Council may from time to time designate the site of an industrial development project as subject to the provisions in whole or in part of sections 144 to 156 and may from time to time revoke a designation in whole or in part.



156(3)            When a designation made under subsection (2) is revoked in whole or in part, the provision made in subsection 153(5), (6) or (7) or in subsection 154(1) or (2) shall apply as may be applicable.



156(4)            The Lieutenant-Governor in Council may by regulation,



(a)               outline the area to be included in the Lorneville Area and the Power Sites; and



(b)               add any area to or exclude any area from such areas.



Sections 16 to 20



Transitional provisions.



Section 21



Consequential amendment.

 

Legislative Assembly of New Brunswick
Email | Contacts |
Disclaimer