Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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Essential Services in Nursing Homes Act

Legislature :
56
Session :
3
Bill No. :
41
Member :
Hon. Mary Schryer
First Reading :
2009-3-31
Second Reading :
2009-4-1
Committee of the Whole :
2009-4-3
Amended :
2009-4-3
Third Reading :
2009-4-14
Royal Assent :
2009-5-1
Download PDF :
Bill 41
Note :


Amendments to the First Reading Bills are provided for information purposes only. For an official copy of an amendment, contact the Office of the Clerk of the Legislative Assembly. Telephone: (506) 453-2506; fax: (506) 453-7154; Web site: www.gnb.ca/legis/index-e.asp

Text of Bill :

 

Amendment :

Strike out the heading “illegal strike and lock-out” preceding section 12 and substitute the following:

Illegal activities

Section 12

Add after subsection 12(4) the following:

12(5) If the employees of a nursing home, including nurses registered under the Nurses Act, are engaged in a legal strike under the Industrial Relations Act, the following prohibitions apply for the duration of the strike:

(a) no employee shall picket, parade or in any manner demonstrate in or near any place of business of the employer;

(b) no trade union or council of trade unions and no officer, director, representative, employee, agent or advisor of the trade union or council of trade unions shall declare, authorize, continue or counsel picketing, a parade or any manner of demonstration in contravention of paragraph (a); and

(c) no employer shall replace the striking employees or fill their positions with any other employees.

Section 14 Subsection (1)

Strike out subsection 14(1) and substitute the following:

14(1) Every person who violates or fails to comply with subsection 12(1) or (2) or paragraph 12(5)(a) commits an offence and is liable on conviction to a fine not exceeding $100 per day or part of a day during which the offence continues.


Section 14

Add after subsection 14(3) the following:

14(4) Every person who violates or fails to comply with paragraph 12(5)(b) commits an offence and is liable on conviction,

(a) in the case of an offence committed by a trade union or council of trade unions, to a fine of $10 per employee in the relevant bargaining unit for each day or part of a day for which the picketing, parade or demonstration declared, authorized, continued or counselled in contravention of that paragraph is or continues in effect, or to a fine of $10,000, whichever is greater; or

(b) in the case of an offence committed by an officer, director, representative, employee, agent or advisor of a trade union or council of trade unions, to a fine not exceeding $300 for each day or part of a day for which the picketing, parade or demonstration declared, authorized, continued or counselled in contravention of that paragraph is or continues in effect.

14(5) Every person who violates or fails to comply with paragraph 12(5)(c) commits an offence and is liable on conviction to a fine not exceeding $300 for each day or part of a day for which one or more employees replace striking employees in contravention of that paragraph.

Section 15

In section 15, strike out “violating or failing to comply with subsection 12(3)” and replace with “violating or failing to comply with subsection 12(3) or paragraph 12(5)(b)”.




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