An Act to Amend the Industrial Relations Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection 57(2) of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended by striking out “or 80” and substituting “or 80.6”.
2 The heading “Arbitration” before section 80 of the Act is repealed and the following is substituted:
Arbitration re firefighters and police officers
3 Section 80 of the Act is repealed and the following is substituted:
80 Sections 80.1 to 80.6 apply to
afirefighters employed full time by a local government as members of a fire department and represented for the purposes of collective bargaining by a bargaining agent that has the exclusive authority to bargain collectively on their behalf only with the local government that is the employer of the firefighters, and
bpolice officers that are employees, within the meaning of subsection 1(3) or (3.1), of a local government or a board of police commissioners and are represented for the purposes of collective bargaining by a bargaining agent that has the exclusive authority to bargain collectively on their behalf with the local government or the board of police commissioners that is, within the meaning of subsection 1(3) or (3.1), the employer of the police officers.
4 The Act is amended by adding after section 80 the following:
Authorization by Minister
80.1( 1) The Minister shall, on the application of either an employer or a bargaining agent referred to in section 80, authorize arbitration to deal with a dispute between the parties and to formulate a first collective agreement or renew or revise an existing agreement or make a new agreement when
acollective bargaining has been carried on between the parties,
ba conciliation officer or a mediator appointed under section 70 has failed to bring about agreement between the parties, and
cthe Minister is satisfied that the collective bargaining has been carried on in good faith but that it is unlikely that the parties will reach an agreement within a reasonable time.
80.1( 2) When the Minister authorizes arbitration, the Minister shall notify the parties as soon as the circumstances permit.
Arbitration in collective agreement
80.2 Every collective agreement between an employer and a bargaining agent referred to in section 80 shall provide, or shall be deemed to provide,
afor the final and binding settlement by arbitration, without stoppage of work, of all disputes between the parties to the collective agreement, or persons bound by it or on whose behalf it was entered into, respecting
( i) its renewal or revision, or
( ii) the making of a new collective agreement, and
bfor the nomination of an arbitrator to deal with disputes and formulate
( i) a first collective agreement,
( ii) a renewal or revision of an existing agreement, or
( iii) a new agreement.
Arbitration by single arbitrator
80.3( 1) Despite the arbitration provisions in a collective agreement, when disputes have been submitted to arbitration under section 80.1, the arbitration shall be conducted by a single arbitrator.
80.3( 2) Subparagraph 36.1(5)(b)(ii), subsections 55(4) and (5), and subsections 73(1) and (3.1) to (4) apply, with the necessary modifications, to the arbitration.
Appointment of arbitrator
80.4( 1) Within 10 days of the date that the Minister authorizes the arbitration under subsection 80.1, the parties shall nominate, by agreement, a person to act as arbitrator.
80.4( 2) The Minister shall appoint the arbitrator nominated by the parties under subsection (1), but if the parties fail to nominate an arbitrator, the Minister shall appoint an arbitrator.
80.4( 3) When the Minister appoints an arbitrator, the Minister shall notify the parties as soon as the circumstances permit.
80.4( 4) Each party shall pay one-half of the remuneration and expenses of the arbitrator.
80.4( 5) An arbitrator appointed under this section has the powers and duties conferred and imposed on an arbitration board under this Act.
Mediation and hearing
80.5( 1) An arbitrator appointed under section 80.4 shall inquire into the matters in dispute and conduct mediation with a view to effecting a settlement between the parties.
80.5( 2) If a settlement that is satisfactory to both parties is not reached following mediation, the arbitrator shall proceed to hear and determine the dispute.
80.5( 3) The arbitrator shall, after consultation with the parties, fix the time and place of the hearing and notify the parties as soon as the circumstances permit.
80.5( 4) Subsections 74(1) and (2), 75(1), 76(1) and (2) and 77(1) and (2) apply, with the necessary modifications, to a hearing under subsection (2).
80.5( 5) Subject to subsections (6) to (8), the arbitrator may determine his or her own procedure for the hearing but shall give full opportunity to the parties to present evidence and make representations.
80.5( 6) Before the hearing, each party shall submit to the arbitrator its documentary evidence related to all matters in dispute.
80.5( 7) After consulting with the parties, the arbitrator may set a date after which a party may not submit documentary evidence to the arbitrator unless
athe documentary evidence was not available before the date,
bthe arbitrator permits the submission, and
cthe other party is given an opportunity to make submissions concerning the documentary evidence.
80.5( 8) The date set by the arbitrator under subsection (7) shall be no earlier than 14 days after the date of the appointment of the arbitrator, and no later than the day of the hearing.
80.6( 1) After considering the matters in dispute and any other matter that is necessarily incidental to a resolution of the dispute, and taking into account the factors set out in subsection (2), the arbitrator shall render an award.
80.6( 2) To ensure that wages and benefits are fair and reasonable to both parties, the arbitrator shall take into account, for the period with respect to which the award will apply, the following factors:
athe results of a comparison of the terms and conditions of employment, as between the employees that are subject to the arbitration and other employees in the public and private sectors;
bthe results of a comparison of collective bargaining settlements reached by the same local government and comparable local governments, including those reached by employees in bargaining units to which this Act applies, and the relative economic health of the local governments;
cthe economic health of the Province and the local government, including, but not limited to, changes to labour market characteristics, property tax characteristics and socio-economic characteristics;
dthe employer’s ability to attract and retain qualified firefighters or police officers, as the case may be;
ethe interest and welfare of the community served by the firefighters or police officers, as the case may be; and
fany local factors affecting the community.
80.6( 3) On the request of either party, the arbitrator shall provide written reasons for the award.
80.6( 4) The written reasons shall clearly demonstrate that the arbitrator has taken into account the factors set out in subsection (2), the documentary evidence submitted under subsection 80.5(6) and any other factors that the arbitrator considers relevant to the matter in dispute.
80.6( 5) An award under subsection (1) shall immediately be incorporated into a collective agreement and subsections 37(3), (5) and (6) apply, with the necessary modifications, to the award.
80.6( 6) Subject to subsection 57(2), the award shall have the effect of a collective agreement for the purposes of this Act, until it is incorporated into the collective agreement.
80.6( 7) Subsections 79(6) to (9) and 131(2) apply, with the necessary modifications, to the award of the arbitrator.
5 The heading “Arbitration” preceding section 81 of the Act is repealed and the following is substituted:
Arbitration Act does not apply
6 Section 81 of the Act is amended by striking out “and 80” and substituting “and 80 to 80.6”.
7 Subparagraph 92(2)(c)(iii) of the Act is repealed and the following is substituted:
( iii) by an award of an arbitrator appointed under section 80.4.
8 Paragraph 105.1(7)(d) of the Act is amended by striking out “has authorized the constitution of an arbitration board or the appointment of an arbitrator under section 80” and substituting “has authorized an arbitration under section 80.1”.
9 If an application to authorize the constitution of an arbitration board or the appointment of an arbitrator was made under section 80 of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, before this Act receives first reading in the Legislative Assembly, section 80 of the Industrial Relations Act, as that section read immediately before the commencement of this Act, continues to apply in respect of the dispute to which the application relates, including any appeal of any decision or award made in respect of that dispute.