BILL 48

An Act to Amend the Industrial Relations Act

His 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, 1973, is amended by adding after section 104 the following:

Replacement workers

104.1( 1) For the purposes of this section, sections 106 and 110.1 and subsection 128(2), the term “employer” includes any employers’ organization and every person acting on behalf of an employer or employers’ organization.

104.1( 2) During a lock-out or strike authorized by this Act, an employer shall not use, authorize or permit the use of the services of a person, whether paid or not,

(a)  who is hired or engaged after the earlier of the date on which the notice to commence collective bargaining is given and the date on which bargaining begins,

(b)  who ordinarily works at another of the employer’s places of operations,

(c)  who is transferred to a place of operations in respect of which the strike or lock-out is taking place, if the person was transferred after the earlier of the date on which the notice to commence bargaining is given and the date on which bargaining begins, or

(d)  who is employed, engaged or supplied to the employer by another person to perform

( i) the work of an employee in the bargaining unit that is on strike or locked out, or

( ii) the work ordinarily done by a person who is performing the work of an employee in the bargaining unit that is on strike or locked out.

104.1( 3) An employer shall not require any person who works at a place of operations in respect of which the strike or lock-out is taking place to perform any work of an employee in the bargaining unit that is on strike or is locked out without the consent of the person.

104.1( 4) An employer shall not

(a)  refuse to employ or continue to employ a person,

(b)  threaten to dismiss a person or otherwise threaten a person,

(c)  discriminate against a person in regard to employment or a term or condition of employment, or

(d)  intimidate or coerce or impose a pecuniary or other penalty on a person,

because of the person’s refusal to perform any or all of the work of an employee in the bargaining unit that is on strike or locked out.

2 Section 106 of the Act is amended

(a)  in subsection (1) by striking out “50 or 51,” and substituting “50, 51 or 104.1,”;

(b)  in subsection (7)

( i) in paragraph (a) by striking out “or” at the end of the paragraph;

( ii) in paragraph (b) by adding “or” at the end of the paragraph;

( iii) by adding after paragraph (b) the following:

(c)  any employer has used, authorized or permitted the use of the services of a person contrary to section 104.1,

(c)  in subsection (8) in the portion preceding paragraph (a) by striking out “50 or 51,” and substituting “50, 51 or 104.1,”.

3 The Act is amended by adding after section 110 the following:

Offences for violation of section 104.1

110.1( 1) Every person, employer or employers’ organization that violates section 104.1 is guilty of an offence and, on conviction, is liable to a fine not exceeding ten thousand dollars.

110.1( 2) Each day that a person, employer or employers’ organization violates any provision of the Act within subsection (1), the violation constitutes a separate offence.

4 Subsection 128(2) of the Act is amended by adding after paragraph (p) the following:

(p.1)  a person is described in subsection 104.1(2),