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.
EXPLANATORY NOTES
Section 1
New provisions.