NEW BRUNSWICK Industrial Relations Act, RSNB 1973, c I-4
Certification/De-certification Certification

Trade unions that have members which form an appropriate unit for collective bargaining may apply to the Board for certification as a bargaining agent 10(1)

Upon application, the Board will determine whether the unit is appropriate for collective bargaining, and may add or exclude employees from the unit before determining the appropriateness of the unit 13(1)

Where the Board is satisfied that between 40-60% of the employees in the unit are members in good standing of the trade union, the Board may direct that a representation vote be taken 14(2)

The Board will not certify a trade union where the Board becomes convinced that any employer has participated in its formation or has supported it financially or otherwise, and any agreement entered into with such a union is void 18

Once the Board rejects an application, it may designate the length of time before a new application may be filed by the same applicant 20

Where a union is certified, it becomes the bargaining agent for the bargaining unit, and replaces any other bargaining agent for the employees in the unit, and has exclusive authority to bargain on their behalf 21(1)


Where a union does not form a collective agreement within one year of certification or within a year of the expiry of a collective agreement, the board may revoke its certification of the union as the bargaining agent for the employees in that unit 23(1)

Any of the employees in a bargaining unit may apply to the Board to have a union's certification revoked where: (a) a collective agreement of not more than 3 years length enters its final two months, (b) in an agreement of more than three years, after 35 months and before 37 months, and (c) where the agreement will continue depending on the right of either of the parties to give notice, in its last two months of operation 23(2)

Where an application is made, the Board must be satisfied that at least 40% of the employees in the unit are in favour or de-certification, in the Board will order a representation vote that requires a majority approval 23(3)

Where a majority is in favour of de-certification on representation vote, the union's certification is revoked 23(4)

Where a union has given notice to collectively bargain and the employees engage in a lawful strike or are lawfully locked-out, no application for de-certification shall be made until (a) six months have elapsed from the start of the strike or lock-out, or (b) until 7 months after the Minister has released the report of the conciliation board or gives notice of not appointing such a board 30(3)
Collective Bargaining Rules Where a union has been certified, either the union or the employer may give notice of intent to enter collective bargaining 32(1)

Where notice is given, the parties shall without delay, and in any case within 20 days, meet and commence to bargaining collectively making every reasonable effort to conclude a collective agreement 34(1)

Where a collective agreement has been substantially entered into, neither party may withdraw from collective bargaining on account that notice was improperly given 34(3)

Where an application for certification is given, no employer may alter any of the rights, privileges or duty of the employee until a collective agreement has been achieved, or (a) certification is denied, (b) a party has requested a conciliation officer, (c) a conciliation officer has been appointed, (d) until the right of the union to represent the employees has been terminated 35(1)-(2)

Where the terms of a collective agreement have been agreed to, the parties shall put the terms in writing and refer them to the respective parties to have them ratified 37(1)

Every collective agreement shall provide that there shall be no strikes or lock-outs so long as the agreement continues to operate 53(1)
Dispute Resolution in Collective Agreements Every collective agreement shall provide for a final and binding dispute resolution mechanism, be it by arbitration or otherwise 55(1)

Where an agreement fails to include such a provision, it shall be deemed to have one as laid out in section 55(2) 55(2)

Arbitration provisions shall continue in force after the expiration of a collective agreement to the benefit of an employee who is dismissed by employer, until such time that a strike or lock-out occurs 55(8)

Either party to a collective bargaining may refer any difference between the parties to the Minister to be referred to arbitration 55.01(1) but such a request shall not be made unless the grievance provision under the agreement has been exhausted 55.01(2)
Conciliation Where notice to collectively bargain has been given but not commenced within the prescribed period, and either requests the Minister to appoint a conciliation officer, the Minister may do so 36(1)

Where the officer fails to bring about a collective agreement, the Minister may appoint a conciliation board 36(2)

Where a conciliation officer has been appointed he shall within 14 days make a report to the Minister laying out the matters agreed upon and those disagreed upon between the parties 61(1)

If a conciliation board is appointed it shall consist of three members 62(1)

A conciliation board will endeavour to bring about an agreement on all issues brought to it 66(1)

Within 14 days of the appointment of its chairman, the conciliation board shall report its findings to the Minister 68(1)

A mediator may also be appointed, and may make a report that shall have the same effect as that of a conciliation officer 71(4)
Strike / Lock-out Procedures Every collective agreement shall provide that there shall be no strikes or lock-outs so long as the agreement continues to operate 53(1)

No strike or lock-out can occur until (a) a party has requested a conciliation officer to be appointed, (b) until a conciliation officer or mediator has been appointed and 7 days have elapsed since the Minister decided not to appoint a conciliation board, or (c) until 7 days after the parties have received the report of a conciliation board 91(2)-(3)

No strike may be held without first holding a valid strike vote and the majority of the employees within a bargaining unit decide to approve such an action 94(1)

No employer, employee or union may threaten an unlawful strike or lock-out 100(1)
Unfair Labour Practices None specified by the Act
Statutory Tribunal Labour and Employment Board

The Labour and Employment Board in New Brunswick administers all of the following pieces of legislations: The Employment Standards Act, Essential Services in Nursing Homes Act, Fisheries Bargaining Act, Industrial Relations Act, Pension Benefits Act, and Public Service Labour Relations Act 7(2) Labour and Employment Board Act

The Board shall perform the duties and functions required or authorized by the Industrial Relations Act 7(2) Labour and Employment Board Act