Bill 128 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii • the Legislative Assembly Of'Alberta Bill 128 An Act To Amend the Pubuc Service Act (Legislature 16, Session 4)

L16 S4 4959

Alberta — Bills

1971 Bill 128 Fourth Session, 16th Legislature, 20 Elizabeth II • THE LEGISLATIVE ASSEMBLY OF'ALBERTA BILL 128

An Act to amend The PubUc Service Act MR. WERRY First Reading .............................. . Second Reading Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

R.SI.A. 1970 c. 298 Rejedion of recoonmend atlon Represent ation on arbitration board BILL 128 1971

AN ACT TO AMEND THE PUBLIC SERVICE ACT (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Public Service Act is hereby amended.

Section 40 is struck out and the following sections are substituted: 40. Where either the Executive Council or the Associa tion rejects the recommendations of a mediation board in whole or in part they may serve notice on the other party to have the dispute resolved by a board of arbitration. 40.1

(1) Where the matters in dispute are referred to a board of arbitration (

a) the board shall consist of five members, with each party appointing two members, or (

b) if the parties so agree, the board shall consist of three members with each party appointing one member, and the other member, who shall be chair man, shall be appointed by the members appointed pursuant to clause (

a) or (b).

(2) No person shall be appointed or shall act as a member of the board of arbitration (

a) if he has not resided in Alberta for six months im mediately preceding the date of his appointment to the board, or (

b) if he has any pecuniary interest in the issue or dis pute referred to arbitration, or (

c) if he is the solicitor, counselor paid agent of either of the parties to the arbitration or if he has acted as such at any time within the six months immediately preceding the date of the notice to refer the dispute to arbitration, or (

d) if he has received remuneration directly from either of the parties to the arbitration at any time within six months immediately preceding the date of the notice to refer the dispute to arbitration.

Explanatory Notes The present Public Service Act provides for 'a mediation process in settling wage and salary contracts and other disputes, however in the event 'Of ,a dis:ag,reement over ,the terms and the parties cannot agree, the Executive Council has the absolute right to impose their decision 'On the Civil Service Association and their 18,000 civil serv,ants.

The present provisions are even further restrictive as the Executive Council has the absolute right to impose their decisi'On even on those items 'On which the Mediation Board may agree. :In 'Order to give the powerless 18,000 civil servants the basic bargaining rights enjoyed by 'all other workers in ALberta, the provisions c'Ontained in this amendment provide for ,a Board of Arlbitration to be set up. The Board is 'comprised of equal repre sentation from ,the Civil Service As:sociation and the Government who then select an impartial person rto act as chairman.

Where either party rejects the ,recommendations 'Of the Mediation Hoard in whole or in part, they may serve notice on the other party to have the dispute referred :to the Arbitration Board. The rAr<bitration Board will ;then sit and hear both sides of ,the dispute 'and reach a decision. The decision 'Of a majority of the members is the award of the Board :and the 'award is binding upon both pa,rties.

Duties of board of arbitration Award of board of arbitration

(3) A person is not disqualified to act as a member of the board of arbitration by reason only that he is a tax payer in the municipal area affected by the issue or dispute re ferred to arbitration.

(4) Where either party, (

a) fails to appoint any member of the board of arbi tration as required by subsection (1) within seven days after receipt of the notice to refer the dispute to a board of arbitration, or (

b) having appointed a person who is unable or un willing to act, fails to appoint another member of the board of arbitration within seven days after re ceiving notice of the inability or unwillingness of the member to act, the Minister of Labour, upon the written request of the other party, may appoint a member in lieu thereof.

(5) Where the members of the board of arbitration ap pointed by the parties under subsection (1) or by a party and the Minister of Labour under subsection (4) fail to agree, within five days after the appointment of the member last appointed, upon an additional member, the Minister upon notice in writing of the failure given to him by any of the members of the board or by either of the parties, may appoint an additional member to be chairman of the board.

(6) Where, upon an arbitration, a majority of the mem bers of the board of arbitration fail to agree upon a matter of procedure the ruling of the chairman upon the matter is the ruling of the board of arbitration. 40.2 A board of arbitration (

a) shall make such inquiry into the dispute referred to as it considers necessary, and (

b) shall endeavour to bring about agreement between the parties in relation to the matters referred to it, and its men1bers have the powers of commisRioners appointed under The Public Inquiries Act. 40.3

(1) After making full inquiry and without undue delay and in any event not more than 14 days (exclusive of Saturdays and Sundays or other holidays) after the date of appointment of the chairman of the board of arbitration and where the dispute has not been settled, 2 (

a) the board shall make its award and in its award shall deal with each item of the dispute, (

b) those members that concur therein shall sign the award, and (

c) the chairman shall forthwith transmit the award to the parties to the dispute.

Effect of award Effective date

(2) Where a board of arbitration has not made its award and the dispute has not been settled within the time speci fied in subsection (1), the time in which the board of ~rbitration sha:ll make Us award may be extended (

a) with the consent of both parties, or (

b) at the direction of the Minister of Labour.

(3) The decision of a majority of the members is the award of the board of arbitration but if there is no majority the decision of the chairman is the award of the board.

(4) Where the dispute arose during the term of a collec tive agreement the award of a board of arbitration shall be effective on the day following the date of termination of the collective agreement.

(5) Where the dispute did not arise during the term of a collective agreement a board of arbitration may by its award make the terms of the award effective at a specified date either before or after the date of the award.

(6) Where any question arises as to the

interpretation or application of the award, the Minister of Labour may, if he considers it advisable, request the chairman to reconvene the board of arbitration and the board of arbitration shall as soon as practicable report to the Minister its decision upon the question. 40.4 An award of a board of arbitration is binding upon both parties and the parties shall forthwith give effect to it and include the terms of the award in a collective agree ment. 3. This Act comes into force on the day upon which it is assented to. 3

3 Title: 1971 (16th, 4th) Bill 128,

An Act to amend The Public Service Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4959
Type	bill
Volume / chapter	L16 S4 4959
Language	en
Format	json
Source	PROVINCIAL
Identifier	0a2a19a43593dc7302f8d4f43e64c8799fffc0f4

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