Bill 23 - An Act to Amend the Public Service Labour Relations Act

BILL 23

An Act to Amend the Public Service Labour Relations Act

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

1 Subsection 16(4) of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended by striking out “conciliators, commissioners and other experts” and substituting “conciliators, commissioners, mediators and other experts”.

2 Section 43.1 of the Act is amended

(a) in subsection (1) of the French version by striking out “pertinente” and substituting “en cause”;

(b) in subsection (5) of the French version by striking out “présenter des preuves et de faire des représentations” and substituting “présenter des éléments de preuve et des observations”;

43.1( 8) Subject to subsection (8.1), the employer or the bargaining agent for the relevant bargaining unit may apply to the Board to amend an order issued under subsection (4) or a determination made under subsection (5)

(a) if a collective agreement or arbitral award is in force, at any time, or

(b) if a collective agreement or arbitral award is not in force, no later than three days after a deadlock is declared under section 71.

(d) by adding after subsection (8) the following:

43.1( 8.1) If a collective agreement or arbitral award is not in force, each party shall not make more than one application under subsection (8) during a dispute.

43.1( 8.2) Within 30 days after receipt of an application referred to in subsection (8) and after affording the parties an opportunity to present evidence and make representations, the Board shall

(a) grant the application,

(b) reject the application, or

43.1( 8.3) Despite subsection (8.2), the Board may extend the 30-day period referred to in that subsection if the parties agree to the extension.

(e) by repealing subsection (9);

(f) in subsection (10) by striking out “on an application under subsection (8)” and substituting “within the time limit established under subsection (8.2) or extended in accordance with subsection (8.3)”;

(g) by adding after subsection (10) the following:

43.1( 10.1) If, within the time limit established under subsection (8.2) or extended in accordance with subsection (8.3), the employer or the bargaining agent advises the Board by notice in writing of the inability of the parties to reach agreement on the amendments to be made to an order issued under subsection (4) or a determination made under subsection (5) and that it desires the assistance of a mediator in reaching agreement, the Board may appoint a mediator who shall, without delay after the appointment, confer with the parties and endeavour to assist them in reaching agreement.

3 Section 64.1 of the French version of the Act is amended

(a) in subsection (2) by striking out “l’arbitrage définitif” and substituting “l’arbitrage contraignant”;

(b) in subsection (4) by striking out “l’arbitrage définitif” and substituting “l’arbitrage contraignant”.

4 Section 66 of the French version of the Act is amended by striking out “un arbitrage définitif” and substituting “l’arbitrage contraignant”.

5 Paragraph 70d) of the French version of the Act is amended by striking out “un arbitrage définitif” and substituting “l’arbitrage contraignant”.

6 Section 72 of the French version of the Act is amended by striking out “l’arbitrage définitif” and substituting “l’arbitrage contraignant”.

7 The heading “Disposition ou non de soumettre dfférend à arbitrage définitif” preceding section 73 of the French version of the Act is repealed and the following is substituted:

Disposition ou non de soumettre un différend à l’arbitrage contraignant

8 Section 73 of the French version of the Act is amended by striking out “l’arbitrage définitif” and substituting “l’arbitrage contraignant”.

9 The heading “Pas d’arbitrage définitif” preceding section 74 of the French version of the Act is repealed and the following is substituted:

Aucun arbitrage contraignant

10 Subsection 76(4) of the Act is amended by striking out “The employer” and substituting “Subject to subsection 76.1(2), the employer”.

11 The Act is amended by adding after section 76 the following:

Notice of intention to strike or lock-out

76.1( 1) If a vote in favour of strike action is taken in accordance with section 75, no employee shall strike until

(a) notice in writing is given to the employer by the bargaining agent for the relevant bargaining unit that the employees intend to strike, and

(b) at least 72 hours have expired from the time the notice was given.

76.1( 2) If the employer intends to impose a lock-out in accordance with subsection 76(4), the employer shall not do so before

(a) notice in writing is given to the bargaining agent for the relevant bargaining unit of that intention, and

(b) at least 24 hours have expired from the time the notice was given.

Validity of strike vote after one year

76.2( 1) Despite anything in this Act, if no strike action is taken within one year after a vote in favour of strike action taken in accordance with section 75, the vote in favour of strike action is deemed to be void.

76.2( 2) If a vote in favour of a strike is deemed to be void under subsection (1), the Board shall by notice in writing require the employer and the bargaining agent for the relevant bargaining unit to resume collective bargaining.

76.2( 3) After 21 days have expired from the date of the notice under subsection (2), either party may request the Board to declare that a deadlock exists and, if so, the provisions of sections 71 to 76 inclusive apply with any necessary modifications.

12 The heading “Conditions re strike action” preceding section 77 of the Act is repealed and the following is substituted:

Conditions for strike action

13 Section 77 of the Act is repealed and the following is substituted:

77 Despite anything in this Act, no strike action shall be taken unless

(a) a deadlock has been declared,

(b) at least seven days have expired from the date on which the bargaining agent for the relevant bargaining unit, in the manner prescribed, gave notice to the Board that a majority of the employees in the relevant bargaining unit voted in favour of strike action, and

14 Subsection 78(1) of the French version of the Act is amended

(a) in paragraph a) by striking out “l’arbitrage définitif” and substituting “l’arbitrage contraignant”;

(b) in paragraph b) by striking out “l’arbitrage définitif” and substituting “l’arbitrage contraignant”.

15 Section 82 of the Act is repealed and the following is substituted:

82( 1) In rendering an arbitral award, the arbitration tribunal shall take into consideration the following factors, and any other factors that the arbitration tribunal considers relevant, for the period in which the award will apply:

(a) a comparison of the percentage adjustments in the wages and benefits, resulting from collective bargaining or arbitral awards, of other unionized employees of the employer;

(b) a comparison of the wages and benefits, resulting from collective bargaining or arbitral awards, of persons in similar occupations employed by comparable public sector employers in Nova Scotia, Prince Edward Island and Newfoundland and Labrador;

(c) a comparison of the wages and benefits, resulting from collective bargaining or arbitral awards, of persons in similar occupations employed by comparable private sector employers in New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador, considering the relative fiscal and economic health of the employer concerned;

(d) the employer’s ability to pay, considering the fiscal and economic health of the employer;

(e) the need to avoid wage compression and inversion in the Public Service; and

(f) the employer’s ability to attract and retain qualified employees included in the relevant bargaining unit.

82( 2) In an arbitral award, the arbitration tribunal shall include written reasons that explain how the arbitration tribunal has considered the factors in subsection (1).

16 Section 98 of the French version of the Act is amended

(a) in subsection (1) by striking out “pertinente” and substituting “en cause”;

(b) in subsection (2) in the portion preceding paragraph a) by striking out “pertinente” and substituting “en cause”.

17 Section 102 of the Act is amended

(a) in paragraph (2)(b)

( i) in the portion preceding subparagraph (i) of the French version by striking out “sauf” and substituting “sauf si sont réunies les conditions suivantes :”;

( ii) by repealing subparagraph (i) and substituting the following:

( i) a deadlock has been declared by the Board in accordance with this Act,

( iii) by repealing subparagraph (ii) and substituting the following:

( ii) at least seven days have expired from the date on which the bargaining agent for the relevant bargaining unit notified the Board and the employer that the employees in the relevant bargaining unit authorized strike action, and

( iv) by adding after subparagraph (ii) the following:

( iii) at least 72 hours have expired from the time notice was given under subsection 76.1(1).

(b) by repealing paragraph (3)(b) and substituting the following:

(b) no employee shall picket, parade or in any manner demonstrate in or near any place of business of the employer except in accordance with the standards established by regulation.

102( 4) The Lieutenant-Governor in Council may, by regulation, establish standards for the purposes of paragraph (3)(b).

18 Section 102.1 of the Act is amended

(a) in subsection (1) of the French version by striking out “pertinente” and substituting “en cause”;

(b) by adding after subsection (2) the following:

102.1( 3) Despite anything in this Act, the employer may, during the continuance of a strike or lock-out, modify the work schedule of an employee employed in a designated position.

102.1( 4) Despite anything in this Act, during the continuance of a strike or lock-out, the employer may replace an employee employed in a designated position who is absent with another person, including, without limitation, with an employee who is not included in a bargaining unit, with a casual employee as defined in section 63.1, with a private contractor or with a striking employee.

102.1( 5) Despite anything in this Act, during the continuance of a strike or lock-out, the employer may fill a vacant designated position with a person, including, without limitation, with an employee who is not included in a bargaining unit, with a casual employee as defined in section 63.1, with a private contractor or with a striking employee.

19 Subsection 104(3) of the Act is amended by striking out “subsection 76(4)” wherever it appears and substituting “subsection 76(4) or 76.1(2)”.

Commencement

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