Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1The Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended by adding after section 105.1 the following:
FIRST COLLECTIVE AGREEMENT
105.2(1)Where the parties are unable to effect a first collective agreement and the Minister has released a notice that it is not considered advisable to appoint a conciliation board or the Minister has released the report of a conciliation board, either party may apply to the Board to direct the settlement of a first collective agreement by arbitration.
105.2(2)The Board shall, upon receipt of an application under subsection (1) direct the settlement of a first collective agreement by arbitration.
105.2(3)Where a direction is given under subsection (2), the first collective agreement between the parties shall be settled by a single arbitrator unless within seven days of the giving of the direction the parties notify the Board that they have agreed that an arbitration board arbitrate the settlement.
105.2(4)Where the parties do not give notice to the Board of their agreement that an arbitration board arbitrate the settlement of the first collective agreement, the Board shall appoint an arbitrator to settle the first collective agreement dispute.
105.2(5)The arbitrator appointed shall be selected from a list of approved arbitrators established by the Minister for the purpose of this section.
105.2(6)Where the parties have agreed that an arbitration board arbitrate the settlement of the first collective agreement, each party, within 10 days of the giving of the direction under subsection (2), shall inform the other party of the name of its appointee to the board of arbitration referred to in subsection (3) and the appointees so selected, within five days of the appointment of the second of them, shall appoint a third person who shall be the chair.
105.2(7)If a party fails to make an appointment as required by subsection (6) or if the appointees fail to agree upon a chair within the time limited, the appointment shall be made by the Board upon the request of either party in accordance with subsection (5).
105.2(8)A board of arbitration appointed under this section shall determine its own procedure but shall give full opportunity to the parties to present their evidence and make their submissions and subsection 131(2) applies to the board of arbitration, its decision and proceedings as if it were the Board.
105.2(9)The remuneration and expenses of the members of a board of arbitration or single arbitrator appointed under this section shall be paid as follows:
(a)a party shall pay the remuneration and expenses of the member appointed by or on behalf of the party;
(b)the Minister shall pay the remuneration and expenses of the chair.
105.2(10)The date of the first hearing of a board of arbitration or a single arbitrator appointed under this section shall not be later than 21 days after the application to the Board under subsection (1).
105.2(11)A board of arbitration or a single arbitrator appointed under this section shall determine all matters in dispute and release its decision within 45 days of the commencement of its hearing of the matter.
105.2(12)In imposing a first collective agreement, the arbitration board or a single arbitrator shall determine terms and conditions of employment based on the following:
(a)collective agreement terms already agreed between the parties;
(b)minimum terms defined in labour standards and other labour legislation; and
(c)the comparable terms in collective agreements freely arrived at by collective bargaining in the same industry.
105.2(13)The employees in the bargaining unit shall not strike and the employer shall not lock out the employees where a direction has been given under subsection (2) and, where the direction is made during a strike by, or a lock-out of, employees in the bargaining unit, the employees shall forthwith terminate the strike or the employer shall forthwith terminate the lock-out and the employer shall forthwith reinstate the employees in the bargaining unit in the employment they had at the time the strike or lock-out commenced,
(a)in accordance with any agreement between the employer and the trade union respecting reinstatement of the employees in the bargaining unit; or
(b)where there is no agreement respecting reinstatement of the employees in the bargaining unit, on the basis of the length of service of each employee in relation to that of the other employees in the bargaining unit employed at the time the strike or lock-out commenced, except as may be directed by an order of the Board made for the purpose of allowing the employer to resume normal operations.
105.2(14)The requirement to reinstate employees set out in subsection (13) applies despite the fact that replacement employees may be performing the work of the employees in the bargaining unit.
105.2(15)Where a direction has been given under subsection (2), the rates of wages and all other terms and conditions of employment and all rights, privileges and duties of the employer, the employees and the trade union in effect at the time notice was given under section 32 shall continue in effect, or, if altered before the giving of the direction, be restored and continued in effect until the first collective agreement is settled.
105.2(16)Subsection (15) does not apply so as to effect any alteration in rates of wages or in any other term or condition of employment agreed to by the employer and the trade union.
105.2(17)In arbitrating the settlement of a first collective agreement under this section, matters agreed to by the parties, in writing, shall be accepted without amendment.
105.2(18)A first collective agreement settled under this section is effective for a maximum period of two years from the date on which it is settled and it may provide that any of the terms of the agreement, except its term of operation, shall be retroactive to the date that the board of arbitration or a single arbitrator may fix, but not earlier than the date of certification under section 14.
105.2(19)The parties, by agreement in writing, or the Board may extend any time limit set out in this section, despite the expiration of the time.
105.2(20)The Arbitration Act does not apply to an arbitration under this section.
2This Act shall be deemed to have come into force on December 1, 1992.