BILL 21

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 heading “Fire department, police officers” preceding section 80 of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is repealed and the following is substituted: 

Arbitration re firefighters and police officers

2 Section 80 of the Act is amended

ain subsection (1.1) in the portion preceding paragraph (a) by striking out “within the meaning of subsection 1(3) or (3.1)” wherever it appears and substituting “within the meaning of subsection 1(3), (3.1) or (3.11)”;

bby adding before the heading “Non-application of Arbitration Act” preceding section 81 the following: 

80( 6) In rendering an arbitral award under this section, the arbitrator or arbitration board shall take into consideration the following factors, and any other factors that the arbitrator or arbitration board considers relevant, for the period in which the award will apply:

aa comparison of the percentage adjustments in the wages and benefits, resulting from collective bargaining or arbitral awards, of,

( i) when the employer is a local government, other unionized employees of that local government, or,

( ii) when the employer is a board of police commissioners, the unionized employees of the municipality that approved its establishment under section 7 of the Police Act or those of the municipalities that are party to an agreement under section 17.1 of that Act;

ba comparison of the wages and benefits, resulting from collective bargaining or arbitral awards, of firefighters or police officers, as the case may be, employed by comparable employers in the Province, considering the relative fiscal and economic health,

( i) when the employer is a local government, of that local government, or,

( ii) when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the Police Act;

cif it is not possible to make a comparison under paragraph (b) and there are no comparators with any employer in the Province, a comparison of the wages and benefits resulting from collective bargaining or arbitral awards of firefighters or police officers, as the case may be, employed by comparable employers in the Province of Nova Scotia, the Province of Prince Edward Island or the Province of Newfoundland and Labrador, considering the relative fiscal and economic health of the employer concerned;

da comparison of the percentage adjustments in the wages and benefits, resulting from collective bargaining or arbitral awards, of unionized employees in bargaining units to which the Public Service Labour Relations Act applies;

ethe fiscal and economic health,

( i) when the employer is a local government, of that local government, or,

( ii) when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the Police Act;

fthe fiscal and economic health of the Province;

gthe employer’s ability to pay, considering the fiscal and economic health,

( i) when the employer is a local government, of that local government, or,

( ii) when the employer is a board of police commissioners, of the municipality or municipalities that approved its establishment under section 7 or 17.1 of the Police Act; and

hthe employer’s ability to attract and retain qualified firefighters or police officers, as the case may be.

80( 7) In an arbitral award, the arbitrator or arbitration board shall include written reasons that explain how the arbitrator or arbitration board has considered the factors in subsection (6).

80( 8) In an arbitration under this section, a request that a vote on offer be taken under section 105.1 may be made up to the time that an award is rendered.

3 Subsection 105.1(7) of the Act is amended 

ain paragraph (c) by adding “or” at the end of the paragraph;

bby repealing paragraph (d).

Transitional

4 If the Minister authorized the constitution of an arbitration board or the appointment of an arbitrator 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.