An Act to Ensure the Continuation

of Certain Public Services in

the Public Service

 

 

Chapter Outline

Definitions 1

bargaining agent — agent négociateur

Canadian Union of Public Employees Collective
Agreement — convention collective du Syndicat canadien de la Fonction publique

employee — employé

employee organization — association d’employés

employer — employeur

Conflicts2

Illegality of strike3

Notice to employees4

Prohibitions on persons acting on behalf of employer5

Termination of strike6

Extension of collective agreement7

Offences and penalties8

Revocation of certification 9

Her Majesty bound10

Confidentiality11

Amendment or revision of collective agreement by the employer and the bargaining agent 12

Regulations13

Repeal14

Commencement15

WHEREAS the processes of negotiation and conciliation between the Board of Management and the Canadian Union of Public Employees, New Brunswick Council of Hospital Unions have failed to produce agreement;

AND WHEREAS the provision of public services by certain members of the bargaining units covered by New Brunswick Certification Order Number 011 HO 5a, Number 023 HO 5b and Number 010 HO 4a is essential in the public interest;

AND WHEREAS it is necessary that such public services be continued and for that purpose, having regard to the interest of the Board of Management and its employees, provision be made for the settlement of the terms and conditions of employment of its employees;

AND WHEREAS, in order to ensure such purposes, an Act is necessary to provide for the continuation of such services in the public service and for the settlement of the terms and conditions of employment between the Board of Management and its employees represented by the Canadian Union of Public Employees, New Brunswick Council of Hospital Unions;

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

Definitions

1(1) In this Act

"bargaining agent" means the Canadian Union of Public Employees, New Brunswick Council of Hospital Unions; («agent négociateur»)

"Canadian Union of Public Employees Collective Agreement" means the collective agreement between the employer and the bargaining agent having a term of August 17, 1995, to June 30, 1999, containing terms and conditions of employment relative to employees in the Administrative Support and Operational Categories of Part III of the Public Service covered by New Brunswick Certification Order Number 011 HO 5a (Institutional Services), Number 023 HO 5b (Patient Services) and Number 010 HO 4a (Clerical, Stenographic and Office Equipment Operation); («convention collective du Syndicat canadien de la Fonction publique»)

"employee" means a person employed in the Public Service in respect of whom the bargaining agent was certified as bargaining agent by New Brunswick Certification Order Number 011 HO 5a (Institutional Services), Number 023 HO 5b (Patient Services) and Number 010 HO 4a (Clerical, Stenographic and Office Equipment); («employé»)

"employee organization" means an employee organization that came together with other employee organizations to form the bargaining agent; («association d’employés»)

"employer" means Her Majesty in right of the Province, as represented by the Board of Management. («employeur»)

1(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Public Service Labour Relations Act.

1(3) For the purposes of this Act, the bargaining agent shall be deemed to be a person.

1(4) For the purposes of this Act, an employee organization shall be deemed to be a person.

Conflicts

2 If there is a conflict between this Act and the Public Service Labour Relations Act, this Act prevails.

Illegality of strike

3 Any strike by employees authorized or permitted under the Public Service Labour Relations Act is illegal and any such strike that is in effect shall terminate.

Notice to employees

4(1) Notwithstanding anything contained in the Public Service Labour Relations Act, immediately on the commencement of this Act, the bargaining agent shall give or cause to be given by its officers or representatives, notice to the employees that any declaration, authorization or direction to go on strike, declared, authorized or given to them before the commencement of this Act, has become invalid by reason of the commencement of this Act.

4(2) The notice required under subsection (1) shall be given so as to ensure that all employees have been advised within 24 hours after the commencement of this Act that they must return to work immediately.

Prohibitions on persons acting on behalf of employer

5 No person acting on behalf of the employer shall

(a) refuse to permit or authorize, or direct or authorize another person to refuse to permit or authorize, an employee who was on strike before the commencement of this Act to resume the duties of his or her employment immediately; or

(b) discharge or in any other manner discipline, or authorize or direct another person to discharge or in any other manner discipline, an employee solely for the reason that the employee had been on strike before the commencement of this Act.

Termination of strike

6(1) Immediately, on the commencement of this Act, no employee shall strike or continue to strike.

6(2) Immediately, on the commencement of this Act, the bargaining agent shall not declare or authorize or continue a strike and no officer or representative of the bargaining agent shall counsel or procure employees to participate in or continue to participate in a strike.

6(3) Immediately, on the commencement of this Act, an employee organization shall not declare or authorize or continue a strike and no officer or representative of an employee organization shall counsel or procure employees to participate in or continue to participate in a strike.

Extension of collective agreement

7 Notwithstanding any other Act or law, the Canadian Union of Public Employees Collective Agreement remains in force and effect and binding on the employer, the bargaining agent and the employees subject to any amendments or revisions under this Act.

Offences and penalties

8(1) Where the bargaining agent violates or fails to comply with section 4, the bargaining agent commits an offence and is liable on conviction to a fine of $10,000 for each day during which the offence continues.

8(2) Where the bargaining agent violates or fails to comply with subsection 6(2), the bargaining agent commits an offence and is liable on conviction to a fine of $10 for each employee in the bargaining units for each day that any strike declared, authorized or continued by it in contravention of that subsection is or continues in effect, or a fine of $10,000, whichever is the greater.

8(3) Where an employee organization violates or fails to comply with subsection 6(3), the employee organization commits an offence and is liable on conviction to a fine of $10 for each employee in the employee organization for each day that any strike declared, authorized or continued by it in contravention of that subsection is or continues in effect, or a fine of $10,000, whichever is the greater.

8(4) Every officer or representative of the bargaining agent who violates or fails to comply with section 4 or subsection 6(2) commits an offence and is liable on conviction to a fine of $300 for each day during which the offence continues.

8(5) Every officer or representative of an employee organization who violates or fails to comply with subsection 6(3) commits an offence and is liable on conviction to a fine of $300 for each day during which the offence continues.

8(6) Every employee who violates or fails to comply with subsection 6(1) commits an offence and is liable on conviction to a fine of $100 for each day during which the offence continues.

Revocation of certification

9 In addition to any other penalty provided under this Act, the Labour and Employment Board, on the application of the employer, shall revoke the certification of the bargaining agent where

(a) the bargaining agent or any officer or representative thereof or an employee organization or any officer or representative thereof has been found guilty of violating or failing to comply with any provision of this Act,

(b) the Labour and Employment Board has determined under section 19 of the Public Service Labour Relations Act that the bargaining agent or any officer or representative thereof, an employee organization or any officer or representative thereof or an employee has failed, on or after the commencement of this Act, to observe any prohibition or to give effect to any provision contained in the Public Service Labour Relations Act or the regulations under that Act, or

(c) the bargaining agent or any officer or representative thereof or an employee organization or any officer or representative thereof has been found in contempt of Court following the filing of an order under subsection 20(2) of the Public Service Labour Relations Act.

Her Majesty bound

10 Her Majesty in right of the Province is bound by this Act.

Confidentiality

11(1) All documents and information of any nature or kind, including but not limited to memos, letters, correspondence, electronic mail, minutes of meetings and reports, and all plans, proposals and analysis of statistics and other information, relating to the labour dispute or labour negotiations between the employer and the bargaining agent or relating to the strike of the employees are confidential and not subject to disclosure.

11(2) Subsection (1) applies in relation to a request made under the Right to Information Act whether made before or after the commencement of this Act.

Amendment or revision of collective agreement by the employer and the bargaining agent

12 Nothing in this Act prevents the employer and the bargaining agent from amending or revising any provision of the Canadian Union of Public Employees Collective Agreement.

Regulations

13(1) The Lieutenant-Governor in Council may make regulations

(a) amending or revising the rates of pay in or the term of the Canadian Union of Public Employees Collective Agreement, as well as the dates upon which those rates of pay may become effective;

(b) amending the Canadian Union of Public Employees Collective Agreement to include new job classifications;

(c) amending the Canadian Union of Public Employees Collective Agreement to provide for pension entitlement for part-time and seasonal employees;

(d) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(e) with respect to any matter the Lieutenant-Governor in Council considers necessary to carry out the intent and purposes of this Act.

13(2) A regulation made under subsection (1) may be made retroactive to any date including a date before the commencement of this Act.

Repeal

14(1) This Act is repealed on the date established in an Order in Council made by the Lieutenant-Governor in Council.

14(2) The Regulations Act does not apply to an Order in Council under subsection (1).

Commencement

15 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.