BILL 76
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 The
Industrial Relations Act, chapter I-4 of the Revised Statutes of New
Brunswick, 1973, is amended by adding after section 51 the following:
Common control
or direction
51.01(1) Where, in the opinion of the Board, associated or related activities
or businesses are carried on, whether or not simultaneously, by or
through more than one corporation, partnership, person, syndicate
or association of persons, under common control or direction, the
Board may, on the application of a person, trade union or council
of trade unions and where, in the opinion of the Board, there is a
labour relations purpose for the application, declare the corporations,
partnerships, persons, syndicates or associations of persons to be
one employer for the purposes of this Act.
51.01(2) Where, in an application or order under subsection (1), it is
alleged that more than one corporation, partnership, person, syndicate
or association of persons is under common control or direction, a
respondent to the application shall, when ordered to do so by the
Board, adduce all facts within his or her knowledge that are material
to the allegation.
51.01(3) Where a corporation, partnership, person, syndicate or association
of persons is the subject of a declaration under subsection (1), the
declaration shall not apply to the corporation, partnership, person,
syndicate or association of persons in relation to obligations under
a contract entered into prior to the coming into force of this section.
51.01(4) The Board shall not declare more than one corporation, partnership,
person, syndicate or association of persons to be one employer unless,
in the opinion of the Board it is necessary
(a) to preserve from infringement bargaining
rights held by a trade union; or
(b) to prevent an employer from avoiding
the provisions of this Act.
51.01(5) This section applies only to the construction industry.