“… the implied obligation for the parties to negotiate their collective agreements in good faith has its origin in the provisions of the Public Service Labour Relations Act. The province, as an employer, must meet this obligation by being informed of the prohibition against accepting provisions that are contrary to the terms and conditions of employment under the Public Service Act. Nevertheless, the province continues to enter into collective agreements that contain provisions for the rights of service and authorization of their unionized public servants. In these circumstances, it is reasonable for the adjudicators to conclude that the province must have negotiated these rights on the basis on which they were significant and could be enforceable. The pay scale under the NBU collective agreement has A-B-C-D-E-F levels and is based on a benefits system. This means that the employer has a say in addition to hours of service if the member steps up depending on the benefit. Therefore, it is quite possible that the employer, if there is some form of discipline or attendance issues, could stop the step up in the benefits system. Fredericton (August 18, 2016) – The computer group at New Brunswick Community College (NBCC) has made history by formally signing its first collective agreement. The agreement is valid for 5 years and 3 months from March 1, 2014 and expires on May 31, 2019. Each of the NBU/NUPGE`s ten collective agreements for Members participating in Part I (Administrative Assistants, Clerical and Regulatory, Education Non Instructional, Education Non Instructional, Engineering – Field, Highway Supervisors, ITCO, Laboratory – Medical, Resource Services and Technical Inspection) has some form of redundancy protection. The government had refused to respect the language of the collective agreement and, throughout the litigation, insisted that it conflict with the Public Service Act. The Union considered that the law and provisions of collective agreements could be read and “harmonized” so that the employer could fulfil the obligations arising from collective agreements.
The Union is pleased to have won a victory in the highest court in the province, after obtaining the appeal decision and the Court of Queen`s Bench. “We are pleased that our tariff language has been respected. Seniority rights are fundamental for trade unions and the Court`s ruling underlines the importance of collective bargaining commitments, so this is a very important victory for us,” said Susie Proulx-Daigle, President of the NBU/NUPGE. The litigation began with complaints filed in 2009 on behalf of some members of the Resource Services Bargaining Unit, which were argued by NBU/NUPGE, Industrial Relations Coordinator Leigh Sprague, who also represented NBU/NUPGE on this issue at both levels of the tribunal. At that time, a program had been scaled back by the Department of Natural Resources, which, despite the collective agreement, refused to “wander” to the executives involved. The Court of Appeal`s decision, written by The Justice of Honour Robertson, underlines the importance of negotiated tariff language: the salaries of employees in the collective bargaining unit are set as part of the collective bargaining procedure. Contracts are generally valid for a period of three years and are approved by the city council. HERE you will find summaries of marginal benefits for the rate unit groups. A total of 19 groups represented by the NBU/NUPGE have reached an interim agreement, ratified an agreement or officially signed a new treaty in the past 12 months. Group members work at various NBCC campuses across the province in various roles, including computer technicians, application administrators, Helpdesk analysts, analysts, technicians, administrators and managers. . “This is a great day for our members,” said NBU President Susie Proulx-Daigle.