Bill 123 (Legislature 15, Session 2)

L15 S2 1564

Alberta — Bills

No. 123 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 123 A Bill to amend ·T'he Public Service Act, 1962 HON. MR. AALBORG Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note I. This Bill amends The Public Service Act, 1962 (chapter 72 of the Statutes of Alberta, 1962) to add a new Part establishing procedures for negotiations between the Crown and employees of the Crown. Some related amendments are also made to the Act. 2. The present provisions of the Act are made

Part 1.

Section 3, subsection (2) provides that the Act does not apply to certain boards and agencies of the Crown. As the new

Part 2 will apply to these boards and agencies the

section is amended accordingly.

Section 22 provides for the review and amendment of the General Pay Schedule.

Section 44, subsection (2), clauses (

a) and (

c) read:

(2) The functions of the Joint Council are (

a) to consider any proposals or requests made by or on behalf of employees with respect to their salaries or pensions or other working conditions that may apply to employees generally or any class of employees and to make recommendations thereon to the Executive Council, (

c) to examine and report to the Executivel Council upon any regu lations, rules of pr{)cedure, plans of classification, offidal pay plans or schedules that may be prepared under this Act or any other Act affecting empl{)yees, and

Section 49, subsections (1) and (2) presently read: 49.

(1) Except as provided in this secti{)n, this Act does not apply to positio·ns designated under

section 13 as s3asonal positi{)ns, or to the persons employed in th{)se positions.

(2) The wage rates payable to persons employed in seasonal positions in each department and the application of such rates shall be deter mined and prescribed by the department head after consultation with the Commissioner and the Civil Service Association of Alberta. 7.

Part 2 providing for negotiations is added. 54.

Definitions.

BILL No. 123 of 1965

An Act to amend The Public Service Act, 1962 (Assented to , 1965) HEn MAJEISTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Service Act, 1962 is hereby amended. 2. The heading "PART 1" is added immediately pre ceding

section 3.

Section 3, subsection (2) is amended by striking out the words "This Act" and by substituting the words "This Part".

Section 22 is repealed. 5. Se'ction 44, subse'ction (2) is amended by striking out cIa uses (

a) and (c). ,6.

Section 4'9 is amended (

a) as to subsection (1) by striking out the words "this Act" and by sUbstituting the words "this Part", (

b) as to subsection (2) by adding at the end thereof the words "or as required by an agreement entered into pursuant to

Part 2". 7. The following heading and sections are added after

section 53: 54. In this Part,

PART 2 NE'GOTIATIONS ( a) "agreement" means an agreement in writing (

i) between the Government or a board or agency of the Crown and the Association or a branch of the As,sociation representing a group of employees, (ii) containing provisions with reference to rates of pay, hours of work, or other terms or con ditions of employment of the employees and signed by the parties;

SSe Civil Service Association has sole right to negotiate. 56. Request for negotiations. 2

(

b) II' Association" means the Civil Service Association Df Alberta ?r, where authority tOo negDtiate is delegated ~D .It pursuant to

section 55, a branch of the ASSocIatIOn; ( ) " 1 ". 1 d c emp oyee .Inc u es persons emplDyed by the Government, by any board 011' agency of the Crown whether appDinted pursuant'to

Part 1 or nDt but does not include ' (

i) a deputy head, a head of any agency Df the CrOown, a chairman or member Df any board of . t~e Crown or any other person WhD in the DplnIOn Df the Minister exercises a pDlicy making function in matters relating tOo per sonnel administratiOon, Dr (ii) any group of persons emplDyed by the Gov ernment or a board or agency of the CrDwn WhD are members of a professional associatiDn and who are excluded by the Minister at the request of the majority of the persons in the grDup; (d) "mediation board" means a mediation board ap pointed under this Part; (e) "negotiate" means to negotiate in good faith with a view tOo the conclusiDn of an agreement or the revision or the renewal Df an existing agreement. 55.

(1) T:he Association has the sole right (

a) tOo negotiate on behalf Df employees appointed pur suant tOo

Part 1, and (

b) tOo negotiate on behalf of the employees Df any board Dr agency of the Crown or any such em plDyees in a specific field of emplDyment where a majDrity 'Of the employees or the majority 'Of the emplDyees in that field of employment, as the case may be, are members of the Association.

(2) W:here membership in a branch Df the Associati'On is limited to the employees Df a specific board or agency 'Of the Crown or to employees in a specific field 'Of emplDyment, the Association may delegate its authority to negotiate in whole or in part to that branch. 56.

(1) The Government or, subject to clause (

b) Df subsectiDn (1) of

section 55, any board Dr agency of the CrDwn shall, upon the request Df the Associati'On, enter intD negDtiations in the manner provided by this Part.

(2) The Association shall, upon the request of the Gov ernment Dr, subject tOo clause (

b) of subsection (1). 'Of

section 55, Df any board or agency of the CrDwn enter IntD negDtiatiOons as provided by this Part.

(3) Either party tOo an agreement may, nDt less than sixty days and not more than ninety days immediately pre- 2

57. Appointment of negotiatini;! committee. 58. Negotiating committee to report to both parties. 3

ceding the expiry of the agreement, give notice to the other party to commence negotiations.

(4) A notice to commence negotiations shall describe the propQosals or requests respecting rates 'Of pay hours of work or other terms or conditions Qof employment which may be negotiated that may apply to ,employees generally .or to employees in a specific field of employment.

(5) Where the members of a negotiating cOommittee established pursuant to

section 57 cannQot agree as to whether a specific prop.osal or request is negotiable the decisiOon of the Minister thereon is final. 57. Where notice to. negotiate has been served by either party, a negotiating c'Ommittee shall be appointed c'Onsisting of the following persons: (

a) where employees appointed to positions pursuant to

Part 1 are affected, three persons apP'Ointed by the Executive C'Ouncil, one of whom shall be a member of the Executive Council and three persons ap pointed by the AssociatiOon who shall be members or employees 'Of the AssOociation; or (

b) where employees of any bOoard or agency 'Of the Crown wh.ose emplOoyees are excluded frOom

Part 1 by the terms Oof

Part 1 or of the Act under which the board Oor agency is established are affected, three persons appointed by the board or agency of the Crown and three persons appointed by the Association who shall be members or employees Oof the Association. 518.

(1) The negotiating committee shall consider the prop.osals or requests contained in the notice to c'Ommence neg.otiations and within a peri.od of three months frOom the date of the notice, or such longer period as may be agreed to by the members of the negotiating c.ommittee, shall trans mit its report to the Executive Councilor the board Dr agency of the Crown, as the case may) be, and to the Associ ation setting out (

a) its recOommendations for settlement of the proposals or requests, and (

b) the proP'Osals or requests respecting which the negotiating committee could not agree on a recom mendatiOon.

(2) The recommendation of a majority of th~ members of a negotiating committee are the recommendabons of the committee.

(3) Upon receipt of the report of the negotiating com mittee the Executive CDuncil or the board 'Or agency of the Crown and the AssOociation shall each advise the other within fourteen days from the date of receipt of the re commendations of the negotiating committee whether the 3

59. Agreem~nt between the Executive Council and the Associ ation. 60. Agreement between certain boards and agencies and the Association. 4

recommendations are in whole or in part accepted or re jected. 59.

(1) This

section applies only with respect to em ployees whose rate of remuneration is established by the Lieutenant Governor in Council.

(2) Where the recommendations of the negotiating com mittee covering all proposals or requests are accepted by both the Executive C.ou!lcil or the board or agency of the Crown and the AssocIatIOn, the recommendations are bind ing on ~he parties and the employees affected ~nd the parties shall gIve effect to them and include the terms of the re commendations in an agreement.

(3) Where (

a) the negotiating committee has not made recom mendations respecting all proposals or requests, or (

b) the negotiating committee has made recommenda tions respecting all proposals or requests but either the Executive Council or the Association rejects the recommendations in whole or in part, the Executive Council and representatives of the Association shall meet with a view to concluding an agreement.

(4) After the meeting mentioned in subsection (3), the Government and the Association shall include in an agree ment the 'terms of any settlement reached on any of the proposals or requests, and. the agreement so made is binding upon the parties and the employees affected and the parties shall give effect to the terms thereof.

(5) After the meeting mentioned in subsection (3) and before an agreement is signed pursuant to subsection (4), the Government shall submit to the Association a statement containing the Government's decisions on those proposals and requests on which settlement was not reached, and thereupon (

a) the decisions are binding upon; the Government, the Association and the employees affected, and (

b) the Government shall not alter, revoke or do any thing inconsistent with the decisions, during the term of the agreement signed pursuant to sub section (4). 60.

(1) This

section and sections 61 to 67 apply only with respect to employees whose rate of remuneration is established by the board or agency of the Crown with whom they are employed.

(2) Where the recommendations of the negotiating com mittee covering all proposals or requests are accepted by both the board or agency of the Crown and the Association, the recommendations are binding on the parties and the employees and the parties shall giv~ eff~ct to them and include the terms: of the recommendatIOns In an agreement. 4

81. Appointment of mediation board. 5

(3) Where (

a) the negotiating committee has not made recom mendations respecting all proposals or requests, or (

b) the negotiating committee has made recommen dations respecting all proposals or requests but either the board or agency of the Grown or the Association rejects the recommendations in whole or in part, either party may by notice in writing to the other party require all proposals or requests not settled to be referred to a mediation board. 61.

(1) Where proposals or requests are referred to a mediation board each party shall app'0int a member to the b'0ard within seven days, exclusive of Saturdays and Sun days and other holidays, of the date of the service '0f the notice referring the proposals or requests to a mediation board.

(2) The two persons S'0 appointed as members shall appoint a person to act as a third member and the third member shall be chairman of the board.

(3) If the two members fail to appoint a third member within five days, exclusive of Saturdays and Sundays and other holidays, after the d~y on which the la·st of thetw'0 members is appointed, the Attorney General shall appoint a third member who shall be chairman of the mediation board.

(4) An appointment to fill a vacancy in the membership of a mediation board shall be made in the same manner as the orginial appointment of the member whose ceasing to act caused the vacancy.

(5) No pers'0n shall be appointed or act as a member of a mediation board if (

a) he is not a Canadian citizen or a British subject, (

b) he has not resided in the Province for one year imm·ediately preceding the date of his appointment to the board, (

c) he has any pecuniary interest in the proposals or requests referred to the board, (

d) he is the solicitor or counsel of either of the parties or if he has acted as such at any time within the six months immediately preceding the date of his appointment to the mediation board, or (

e) he has received remuneration directly from either of the parties at any time within ~ix m'0n.ths im mediately preceding the date of hIS appOIntment to the mediation board.

(6) Before entering upon the ex~r<:ise of the functions of their office the members of a medIatIOn board shall make an oath or an affirmation in writing before a justice of 5

82. Mediation board to hold inquiry and endeavour to settle disagreements. 83. Procedures of mediation board. 64. Mediation board to make recommendations. 6

the peace or other person authorized to administer an oath or affirmation (

a) that they will faithfully and impartially perform the duties of their offices, and (

b) t~at, except in the discharge of their duties, they wIll not dIsclose to any person any of the evidence or other matter brought before the mediation board.

(7) Subject to

Part 1, the Minister may provide a medi ation board with a secretary, stenographer and such other clerical assistance as to the Minister appears necessary for the efficient carrying out of the duties of the mediation board. 62.

(1) As soon as possible after a mediation board is designated it shall, after serving sufficient notice on all parties, proceed to make full inquiry and shall endeavour to bring about agreement between the parties in relation to the proposals or requests referred to it.

(2) The sittings of a mediation board shall be held at such time and place as are fixed from time to time by the chairman after consultation with the other members of the board and the parties shall be notified by the chairman of the time and place at which sittings are to be held. 63.

(1) A mediation board has power to determine its own procedures but shall give full opportunity to all parties to present evidence and to be heard.

(2) For the purpose of inquiry a mediation board has the power of administering oaths and any member of the mediation board may administer an oath.

(3) A mediation board may accept, admit and call for such evidence as in equity and good conscience it thinks fit, whether strictly legal evidence or not.

(4) A party to proceedings before a mediation board may be represented before the board by not more than three persons designated by the party for that purpose.

(5) A party appearing by a representative is bound by the acts of his representative.

(6) If,> without good cause being shown, any party to pro ceedings before a mediation board fails to attend or to be represented, the mediation board may proceed as if the party had attended or had been represented. 64.

(1) After making full inquiry and without undue delay and in any event not more than fourte~n days ex clusive of Saturdays and Sundays and other holIdays,. af~er the date the chairman has agreed to act, the medIatIon board shall 6 (

a) make its recommendati?ns and in it;s recommen dations, so far as practicable, deal WIth each pro posal or request, and

65. Settling questions arising out of board's recommendations. 66. After receiving the mediation board's recommendations the parties are to endeavour to conclude an agreement. 7

(

b) shall 'state in plain terms, and avoiding as far as possible all technicalities, what in the opinion of the board ought or ought not to be done by the parties concerned.

(2) With the unanimous consent of all parties the time within which a mediation board is to make its rec~mmenda tions may be extended for such period as is agreed to by the parties.

(3) The recommendations of a majority of the members of a mediation board are the recommendations of the board.

(4) The recommendations of a mediation board may be in whole or in part retroactive. (5,) The recommendations I~hall be signed by those members of the mediation board who concur therein and shall be transmitted to the board or agency of the Crown and to the Association as soon as practicable after the making thereof. 65.

Where any question arises as to the meaning of or application of or with regard to anything relating to or connected with the recommendations, either the board or agency of the Crown or the Association if they consider it expedient may request from the chairman of the medi ation board an expression of the opinion of the mediation board upon the question, and the chairman shall, upon the receipt of the request, reconvene the mediation board and the mediation board shall as soon as practicable report to the parties its opinion upon the question. 66.

(1) The board or agency of the Crown and the Association s'hall each advise the other within fourteen days from the date of the receipt of the recommendations of the mediation board whether the recommendations are in whole or in part accepted or rejected.

(2) Where the recommendations of a mediation board are accepted by both the board or agency of the Crown and the Association, the recommendations are binding on the parties and the employees~ affected and the parties shall give effect to them and include the terms of the recom mendations in an agreement.

(3) Where either the board or agency ?f the Crown OF the Association rejects the recommendatIOns of a medI ation board in whole or in part, the board or agency of the Crown and the representatives of the Association shall meet with a view to concluding an agreement.

(4) After the meeting mentioned in subsection (3), the board or agency of the Crown and the Association shall include in an agreement the terms of any settlement reached on any of the proposals or request~, and the agree ment so made is binding upon the partIes and the em ployees affected and the parties shall give effect to the terms thereof. 7

67. Responsibility for expenses of mediation board. 68. Agreement to contain provision for settling differences by arbitration. 8

(5) After the meeting mentioned in subsection (3) and before an agreement is signed pursuant to subsection (4) the board or agency of the Crown shall submit to th~ Association a statement containing the decisions of the board or agency of the Crown on those proposals and re quests on which settlement was not reached, and thereupon (

a) the decisions are binding upon the board; or agency the Association and the employees affected, and ' (

b) the board or agency shall not alter, revoke or do anything inconsistent with the decisions, during the term of the agreement signed pursuant to sub

section ( 4) . 67. The board or agency of the Crown and the Associ ation shall bear the expenses of its respective appointee to a mediation board and the two parties shall bear equally the expenses of the chairman. 68.

(1) Every agreement between a board or agency of the Crown and the Association shall contain a provision for final settlement of all differences between the parties to or persons bound by the agreement Or! on whose behalf it was entered into concerning its

interpretation, application, operation or any alleged violation thereof, including any question as to whether the differences are arbitrable.

(2) Where any agreement does' not contain a provision as required in subsection (1) it shall be deemed to contain the following provisions: 8 (

a) If any differences concerning the

interpretation, application, operation or any alleged violation of this agreement arise or any question as to whether any difference is arbitrable "arises between the parties or persons bound by this agreement or on whose behalf it was entered into, the representa tives of the board or agency of the Crown and of the Association shall meet and endeavour to resolve the difference. (

b) If the parties are unable to resolve the difference either of the parties may (

i) after exhausting the procedure set out in the preceding paragraph, or (ii) where either party fails to follow the pro cedure set out in the preceding paragraph to i tsconcl usion, notify the other party in w.ritin.g of its desire. to submit the difference to arbItratIOn and the notIce shall contain a statement of the difference and the name of the first party's appointee to an arbitration board. The recipient of the notice shall within five days, exclusive of Saturdays and Sundays and other holidays, inform the ?the~ party of the name of its appointee to the arbItratIOn board. The two

8. Commencement of Act. 9

(c) (d) (

e) apP?intees so selected shall within five days, ex clusIve of Saturdays and Sundays and other holi days" of the appointnlent of the second of them, ap point a third person who shall be the chairman. If the two members fail to appoint a third mem ber within five days, exclusive of Saturdays and Sundays and other holidays, after the day on which the last of the two members is appointed, the Attorney General shall appoint a third member who shall be chairman of the arbitration board.

The arbitration board shall hear and determine the difference and shall issue an award in writing and the decision is final and binding upon the parties and upon any employee affected by it. The award of a majority is the award of the arbitration board, but if there is no majority the decision of the chairman governs and shall be deemed to be the award of the board. Each party to the difference shall bear the ex penses of its respective appointee to the arbitration board and the two parties shall bear equally the expenses of the chairman.

The arbitration board bv its decision shall not alter, amend or change the tcrnls of this agreement. 8. This Act comes into force on the first day of July, 1965. 9

No. 123 SECOND SESSION FIFTEENTH lEGISLATURE 13 ELIZABETH II 1965 BILL

An Act to amend The Public Service Act, 1962 Received and re~d the First time ........................................ . Second time ....................................... . Third time ......................... . HON. MR. AALBORG Title: 1965 (15th, 2nd) Bill 123,

An Act to amend The Public Service Act, 1962

Document details

Collection	Alberta — Bills
Citation	L15 S2 1564
Type	bill
Volume / chapter	L15 S2 1564
Language	en
Format	json
Source	PROVINCIAL
Identifier	28a27b2db39b516481f022c1235ec619a690f8f5

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