LABOUR RELATIONS CODE (RSA 2000 cL-1)

RSA 2000 cL-1

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter L-1 Current as of December 18, 2025 LABOUR RELATIONS CODE

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2020 c35 s18 amends ss48(1)(d), 95.2(1)(

a) and 96(1)(c). 2025 c10 s32(2) repeals and substitutes s1(1)(t.2). Regulations The following is a list of the regulations made under the Labour Relations Code that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Labour Relations Code Construction Industry Jurisdictional Assignment Plan ...................................... 2/2000 Construction Industry Labour Relations ........ 165/2005 ......... 30/2015, 19/2018, 40/2021, 188/2022 Election of Union Dues .................................. 260/2021 ......... 28/2026 Financial Disclosure ....................................... 264/2021 ......... 31/2026 Labour Relations Code Transitional ............... 236/2021 Regional Health Authority Collective Bargaining ............................... 80/2003 ........... 40/2008, 64/2009, 51/2015, 22/2016, 199/2020, 18/2022

1 LABOUR RELATIONS CODE

Chapter L-1 Table of Contents 1

Definitions 2 Delegation of Minister ’s and Director’s responsibilities 3 Witnesses 4 Application of Act

Part 1 Communication and Education 5 Powers of the Minister and dissemination of information 5.1 Support to employees 6 Multi-sector advisory council 7 Round-table conference

Part 2 Labour Relations Division 1 Labour Relations Board 8 Composition of Board 9 Sittings and business of Board 10 Staff 11 Informal procedure 12 Powers of the Board 13 Inquiries, investigations and inspections 14 Evidence 15 Conduct of votes 16 Applications to the Board 17 Remedies 18 Board orders, etc. 19 Judicial review 20 Report by Board

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Chapter L-1 LABOUR RELATIONS CODE 2 Division 2 Employee and Employer Rights 21 Rights of employees and employers 22 Discrimination, etc. 23 Right of dismissed employee Division 3 Trade Unions 24 Filing of constitution, etc., of trade union 24.1 Financial statement 25 Capacity of trade union 26 Suspension or expulsion from trade union 26.1 Deduction election 27 Deduction of union dues 28 Fees for temporary card 29 Employees to be union members Division 4 Employers’ Organizations 30 Capacity of employers ’ organization 31 Suspension or expulsion from employers ’ organization Division 5 Certification 32 Applications for certification 33 Evidence in support of application for certification 34 Inquiry into certification application 35 Appropriate unit 35.01 Dependent contractors transitional 35.1 Ambulance attendant bargaining units 36 Joint application by trade unions 37 Timeliness of application for certification 38 Prohibitions on certification 39 Certification 40 Effect of certification 41 Consolidation of certificates Division 6 Voluntary Recognition 42 Voluntary recognition 43 Collective bargaining with voluntarily recognized trade union 44 Extension of certificate

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Chapter L-1 LABOUR RELATIONS CODE 3 Division 7 Modification of Bargaining Rights 45 Modification of certificat ion of a bargaining agent 46 Effect of sale of business 47 Spin-offs 48 Governing bodies 49 Successor trade union Division 8 Revocation of Bargaining Rights 50 Definition 51 Application for revocation of bargaining rights 52 Timeliness of application for revocation 53 Inquiry into revocation application 54 Revocation of bargaining rights 55 Revocation without application Division 9 General Provisions on Certification and Voluntary Recognition 56 Continuation of collect ive agreement not a bar to certain applications 57 Overriding provision concerning application 58 Representation vote Division 9.1 Post-secondary Academic Bargaining 58.1

Interpretation 58.2 Application 58.3 Boards, academic staff and bargaining agents 58.4 Boards, graduate students and bargaining agents 58.5 Boards, postdoctoral fellows and bargaining agents 58.6 Application respecting academic staff designations 58.61 Binding arbitration void or terminated 58.7 Transitional provisions Division 10 Collective Bargaining 59 Notice to commence collective bargaining 60 Commencement of bargaining 61 Representatives for collective bargaining 62 Authorization of employers ’ organization 63 Service during collective bargaining

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Chapter L-1 LABOUR RELATIONS CODE 4 Division 11 Mediation and Enhanced Mediation 64 Informal mediation 65 Appointment of mediator 66 Collective agreement after recommendations 67 Questions on recommendations Division 11.1 Marshalling of Proceedings 67.1 Marshalling of proceedings Division 12 Votes on Proposals 68 Vote on mediator ’s recommendations 69 Vote on offer 70 Conduct of vote Division 13 Strikes and Lockouts 71 No strike unless permitted 72 No lockout unless permitted 73 Conditions under which strike permitted 74 Conditions under which lockout permitted 75 Application to Board to supervise strike or lockout vote 76 Supervision of strike or lockout vote 77 Expiry of vote and right to strike or lock out 78 Service of strike or lockout notice 79 Strike or lockout notice extended by agreement 80 Strike or lockout notice becomes ineffective 81 Settlement of strike affecting employers ’ organization 82 Settlement of lockout called by employers ’ organization 83 Agreement re sections 81 and 82 Division 14 Regulation of Strikes, Lockouts and Picketing 84 Picketing 84.1 Secondary picketing 85 Refusal to work 86 Board powers over unlawful strikes, etc. 87 Board powers over unlawful lockout, etc. 88 Effect of directive or order 89 Employment continues 90 Reinstatement of employee

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Chapter L-1 LABOUR RELATIONS CODE 5 91 Jurisdiction of court 92 Injunctions Division 14.1 First Contract Arbitration 92.1 Definition 92.2 First contract 92.3 Declaration 92.4 Appointment of arbitrator or arbitration board Division 15 Voluntary Interest Arbitration 93 Agreement re voluntary arbitration board 94 Voluntary arbitration board 95 Powers of voluntary arbitration board Division 15.1 Essential Services 95.1 Essential services 95.11

Interpretation 95.2 Application of Division 95.201 Replacement workers 95.21 Exemption 95.3 Commissioner 95.4 Negotiating an essential services agreement 95.41 Contents of an essential services agreement 95.42 Determination of an essential services agreement 95.43 Amendment of agreement 95.44 Filing of essential services agreement 95.45 Significant change in circumstances 95.5 Agreement binding 95.6 Term of an essential services agreement 95.7 Essential services agreement dispute 95.8 Prohibitions when essential services agreement in effect 95.9 Application of trans itional provisions 95.91 Transitional – parties in mediation 95.92 Transitional – compulsory arbitration board established 95.93 Transitional – essential services agreements Division 16 Compulsory Interest Arbitration 96 Application of Division 97 Request for compulsory arbitration board

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Chapter L-1 LABOUR RELATIONS CODE 6 98 Establishment of compul sory arbitration board 98.1 Establishment of compulsory arbitration board – essential services employees 99 Terms of reference 100 Methods of arbitration 101 Matters to be considered 102 Award 103 Incorporation of award 104 Reconvening of compulsory arbitration board Division 17 Disputes Inquiry Boards 105 Notice of establishment of disputes inquiry board 106 Recommendations of disputes inquiry board 107 Collective agreement after recommendations 108 Incorporation of award 109 Questions on recommendations 110 Limits on disputes inquiry boards 111 Referral of other disputes Division 18 Emergencies 112 Emergencies 113 Public emergency tribunal Division 19 Measures During Illegal Strike or Illegal Lockout 114 Suspension of dues check-off 115 Payment of union dues during illegal lockout Division 20 Disputes Resolution Tribunals 117 Appointment of interest arbitration boards 118 Appointments by Minister 119 Appointments of members of other boards 120 Membership 121 Revocation of appointments 122 Meetings 123 Proceedings 124 Majority award 125 Powers of disputes resolution tribunals 126 Filing and service of award

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Chapter L-1 LABOUR RELATIONS CODE 7 127 Judicial review Division 21 Effect of a Collective Agreement 128 Effect of collective agreement 129 Term of collective agreements 130 Bridging of collective agreements 131 Signing of collective agreement 132 Filing collective agreement 133 Collective agreement declared void Division 22 Collective Agreement Arbitration 134 Definition 135 Requisites of collective agreement 136 Model clauses 137 Appointment of single arbitrator 138 Appointment of arbitration board 139 Ineligibility 140 Speeding up decision 141 Majority decision and award 142 Effect of award on collective agreement 143 Powers of arbitrator 144 Parties bound by award 145 Review of award 145.1 Appeal to the Court of Appeal 146 Enforcement of award Division 23 Prohibited Practices 147 Alteration of terms of employment 148 Prohibited practices by employer, etc. 149 Prohibited practices by employer, etc. 150 Rights of employer 150.1 Prohibited practice — failure to file collective agreement 151 Prohibited practices by trade union, etc. 151.1 Access to property by union representatives 151.2 Access to property by Board and Board officers 152 Prohibited practices by trade union, etc. 153 Fair representation 154 Dispute-related misconduct 155 Insurance and pension rights

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Chapter L-1 LABOUR RELATIONS CODE 8 Division 24 Miscellaneous 156 Health, welfare and pension trusts 157 Non-application of other Acts 157.1 Continuation of order Division 25 Offences and Penalties 158 Specific offences 159 Penalties re prohibited lockouts 160 Penalties re prohibited strikes 161 General offence and penalty 162 Prosecutions

Part 2.1 Special Provisions Regarding Regional Health Authorities 162.1 Lieutenant Governor in Council regulations 162.2 Disentitlement to severance and termination pay

Part 3 Construction Industry Labour Relations Division 1 Application 163 Application Division 1.1 Construction and Maintenance Work Bargaining Rights 163.1 All-employee and trade-specific bargaining units 163.2 Application for consolidation of bargaining rights 163.3 Consolidated certificate 163.4 Unrepresented employees 163.5 Application for certification by trade union subject to registration Division 1.2 Construction Common Employer Declarations 163.6 Construction common employer declarations Division 2 Registered Employers’ Organizations 164 Filing of constitution, etc., of employers ’ organization

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Chapter L-1 LABOUR RELATIONS CODE 9 165 Collection of dues Division 3 Registration 166 Application for registration 167 Evidence in support of application 168 Inquiry into registration application 169 Determining employers affected by application 170 Timeliness of application for registration 171 Appropriate parts for collective bargaining 172 Grouping of trade unions 173 Representation vote 174 Registered employers ’ organization dominated by trade union 175 Issue of registration certificate 175.1 Related trade unions 176 Effect of registration 177 Directive re collective agreement 178 Collective agreement between employers’ organization and trade union 179 Notification of creation of bargaining relationship Division 4 Successor Registered Employers’ Organizations and Mergers 180 Mergers and transfers Division 5 Termination of Registration 181 Application for cancellation of registration certificate 182 Cancellation of registration certificate Division 6 Collective Bargaining 183 Expiry of collective agreement 184 Consolidation order 185 Strike votes 186 Strikes 187 Lockout votes 188 Lockouts 189 Dispute resolution 190 Referral of dispute 191 Construction industry disputes resolution tribunal

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Chapter L-1 LABOUR RELATIONS CODE 10 Division 7 Co-ordination of Bargaining in Sectors of the Construction Industry 193 Co-ordination of bargaining in sectors of the construction industry Division 7.1 Project Agreements 193.1 Definition 193.2 Negotiation of terms 193.3 Project agreement 193.4 Strike or lockout 193.5 Revision or renewal Division 8 Collective Agreements Relating to Major Construction Projects 194

Interpretation 195 Application for authorization 196 Designation of project 197 Collective bargaining between principal contractor and project trade union 198 Compulsory arbitration 199 Appointment of 3-member arbitration board 200 Appointment of one-member arbitration board 201 Collective agreement 201.1 Signatures on and duration of collective agreement 201.2 Persons bound by collective agreement 201.3 Effect of collective agreement 201.4 Application of other provisions of Act Division 9 Work Jurisdiction Disputes in the Construction Industry 202 Alberta Impartial Jurisdictional Disputes Board 203 Reference of difference to Board 204 Judicial review 205 Enforcement of Board’s decision 206 Reconsideration

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Part 4 Regulations and Transitional Provisions 206.1 Regulation-making authority re M.O. 2020-26 207 Transitional 208 Transitional re construction industry 208.1 Transitional provisions for non-academic staff of public post-secondary institutions 209 Transitional provisions re Restoring Balance in Alberta’s Workplaces Act, 2020

Preamble

WHEREAS it is recognized that mutually effective relationships between employees and employers are critical to the capacity of Albertans to prosper in the competitive worldwide market economy of which Alberta is a part;

WHEREAS employees and employers are best able to manage their affairs where statutory rights and responsibilities are clearly established and understood;

WHEREAS it is recognized that legislation supportive of freedom of association, and free collective bargaining through trade unions when chosen by employees, are important components of Alberta’s social and economic well-being; and

WHEREAS the public interest in Alberta is served by encouraging harmonious, mutually beneficial relations between employers and employees through freely selected bargaining agents, through balanced, fair and constructive collective bargaining, and through fair, equitable and expedient resolution of matters arising with respect to terms and conditions of employment; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1(1) In this Act, (a) “bargain collectively” or “collective bargaining” means to negotiate or negotiation with a view to the conclusion of a collective agreement or the revision or renewal of a collective agreement; (b) “bargaining agent” means a trade union that acts on behalf of employees in collective bargaining or as a party to a collective agreement with an employer or an employers’

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Chapter L-1 LABOUR RELATIONS CODE 12 organization, whether or not the bargaining agent is a certified bargaining agent; (c) “Board” means the Labour Relations Board; (d) “certified bargaining agent” means a trade union certified by the Board as a bargaining agent; (e) “Chair” means the Chair of the Board; (f) “collective agreement” m eans an agreement in writing between an employer or an employers’ organization and a bargaining agent containing terms or conditions of employment, and may include one or more documents containing one or more agreements; (f.1) “Commissioner” means the Commissioner designated under

section 95.3; (g) “construction” includes construction, alteration, decoration, restoration or demolition of buildings, structures, roads, sewers, water or gas mains, pipelines, dams, tunnels, bridges, railways, canals or other works, but does not include (

i) supplying, shipping or otherwise transporting supplies and materials or other products to or delivery at a construction project, or (ii) maintenance work, except in Divisions 1.1 and 8 of

Part 3; (h) “Court” means the Court of King’s Bench; (h.01) “dependent contractor” means a person, whether or not employed under a contract of employment, and whether or not furnishing tools, vehicles, equipment, machinery, material or any other thing owned by the dependent contractor, who performs work or services for another person for compensation or reward on such terms and conditions that the dependent contractor is in a position of economic dependence on, and under an obligation to perform duties for, that person which more closely resembles the relationship of an employee than that of an independent contractor; (h.1) “designated essential serv ices worker” means a designated essential services worker as defined in

Part 2, Division 15.1; (i) “Director” means the person appointed under the Public Service Act as the Director of Mediation Services;

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Chapter L-1 LABOUR RELATIONS CODE 13 (j) “dispute” means a difference or apprehended difference arising in connection with the entering into, renewing or revising of a collective agreement; (k) “disputes resolution tribunal” means (

i) a voluntary arbitration board referred to in

Part 2, Division 15, (ii) a compulsory arbitration board referred to in

Part 2, Division 16, (iii) a disputes inquiry board re ferred to in

Part 2, Division 17, (iii.1) an arbitrator or arbitra tion board referred to in

Part 2, Division 14.1, or (iv) a public emergency tribunal referred to in

Part 2, Division 18; (l) “employee” means a person employed to do work who is in receipt of or entitled to wages and includes a dependent contractor, but does not include (

i) a person who in the opinion of the Board performs managerial functions or is employed in a confidential capacity in matters relating to labour relations, (ii) a person who is a member of the medical, dental, architectural, engineering or legal profession qualified to practise under the laws of Alberta and is employed in the person’s professional capacity, or (iii) repealed 2020 c28 s11(3), (iv) a person employed on a farming or ranching operation as determined under subsection (2) whose employment is directly related to the farming or ranching operation; (m) “employer” means a person who customarily or actually employs an employee; (n) “employers’ organization” means an organization of employers that acts on behalf of an employer or employers and has as one of its objects the regulation of relations between employers and employees, whether or not the organization is a registered employers’ organization;

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Chapter L-1 LABOUR RELATIONS CODE 14 (n.1) “essential services agreemen t” means an essential services agreement under

Part 2, Division 15.1; (o) “firefighters” means the employees, including officers and technicians, employed by a municipality or Metis settlement and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services; (p) “lockout” includes (

i) the closing of a place of employment by an employer, (ii) the suspension of work by an employer, or (iii) a refusal by an employer to continue to employ employees, for the purpose of compelling the employer’s employees, or to aid another employer in compelling the employees of that employer, to accept terms or conditions of employment; (q) “lockout vote” means the polling of a single employer or a vote of employers under

section 76(2); (r) “mediator” means a person whose services are provided under

section 64 or who is appointed as a mediator under this Act; (s) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (s.1) repealed 2020 c28 s11(3); (t) “officer” means a person designated under

section 8(8); (t.1) “provincial health agency” means a provincial health agency under the Provincial Health Agencies Act; (t.11) “provincial health corporation” means a provincial health corporation under the Provincial Health Agencies Act; (t.2) “regional health authority” means a regional health authority under the Provincial Health Agencies Act; (u) “registered employers’ orga nization” means an employers’ organization registered by the Board as an agent for collective bargaining in a part of the construction industry;

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Chapter L-1 LABOUR RELATIONS CODE 15 (v) “strike” includes (

i) a cessation of work, (ii) a refusal to work, or (iii) a refusal to continue to work, by 2 or more employees acting in combination or in concert or in accordance with a common understanding for the purpose of compelling their employer or an employers’ organization to agree to terms or conditions of employment or to aid other employees to compel their employer or an employers’ organization to accept terms or conditions of employment; (w) “strike vote” means a vote of employees under

section 76(1); (x) “trade union” means an orga nization of employees that has a written constitution, rules or bylaws and has as one of its objects the regulation of relations between employers and employees; (y) “unit” means any group of employees of an employer; (z) “vice-chair” means a vice-chair of the Board; (aa) “wages” includes any salary, pay, overtime pay and any other remuneration for work or services however computed or paid, but does not include tips and other gratuities.

(2) For the purposes of subsection (1)(l)(iv), “farming or ranching operation” means, subject to the regulations, (

a) the primary production of eggs, milk, grain, seeds, fruit, vegetables, honey, livestock, diversified livestock animals within the meaning of the Livestock Industry Diversification Act, poultry or bees, (

b) an operation that produces cultured fish within the meaning of the Fisheries (Alberta) Act, and (

c) any other primary agricultu ral operation specified in the regulations, but does not include the operation of a greenhouse, mushroom farm, nursery or sod farm.

(3) The Lieutenant Governor in Council may make regulations

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Chapter L-1 LABOUR RELATIONS CODE 16 (

a) further clarifying the phrase “farming or ranching operation” in subsection (2) and specifying what activities do or do not constitute a farming or ranching operation for the purposes of this Act; (

b) specifying an operation to be a “primary agricultural operation” for the purpose of subsection (2)(c).

RSA 2000 cL-1 s1;2003 c6 s2;2016 c10 s2;2017 c9 s103;2019 c19 s3; 2020 c28 s11(3);AR 217/2022;2024 c10 s25;2024 c16 s13 Delegation of Minister’s and Director’s responsibilities 2(1) When the Minister or the Director is given a power or duty under this Act, the Minister or Director may authorize one or more employees of the Crown in right of Alberta to exercise or perform that power or duty generally or with respect to any particular case on the conditions or in the circumstances that the Minister or Director prescribes, and that power or duty may then be exercised or performed by the employee so authorized in addition to the Minister or Director. (2) Subsection (1) does not apply to the Minister’s power to direct a vote under

section 15(3)(

b) or to consent to a prosecution under

section 162. 1988 cL-1.2 s2 Witnesses 3(1) The Minister, a member or officer of the Board, an employee of the Crown in right of Alberta employed in the administration of this Act or any person designated by the Minister or selected by the parties to endeavour to effect settlement of any matter to which this Act applies is not a compellable witness in proceedings before any court respecting any information, material or report obtained by that person under this Act.

(2) In this section, “court” means the Court of King’s Bench or any other court and includes the Labour Relations Board or any other board or person having by law or by the consent of the parties authority to hear, receive and examine evidence, but does not include an inquiry under the Public Inquiries Act. RSA 2000 cL-1 s3;AR 217/2022 Application of Act 4(1) Subject to subsection (2), this Act applies to every employer and employee and is binding on the Crown in right of Alberta.

(2) This Act does not apply to (

a) an employer as defined in the Public Service Employee Relations Act and to whom that Act applies;

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Chapter L-1 LABOUR RELATIONS CODE 17 (

b) a person employed by an employer as defined in the Public Service Employee Relations Act and to whom that Act applies; (

c) employers and employees in respect of whom this Act does not apply by virtue of a provision of another Act; (

d) employees who are police officers of a municipal police service or independent agency service appointed pursuant to the Police Act, except to the extent that this Act is made applicable by the Police Officers Collective Bargaining Act; (

e) repealed 2017 c9 s104; (e.1) a person employed on a farming or ranching operation as set out in

section 1(1)(l)(iv), or to their employer while the employer is acting in the capacity of their employer; (

f) employees employed in domestic work in a private dwelling or to their employer while the employer is ordinarily resident in the dwelling and acting in the capacity of their employer. RSA 2000 cL-1 s4;2003 c26 s19;2011 c12 s33;2017 c9 s104; 2019 c19 s3;2025 c18 s4

Part 1 Communication and Education Powers of the Minister and dissemination of information 5(1) Subject to this Act, the Minister may, through communication and education, do those things the Minister considers beneficial to the promotion of fair and equitable labour relations in Alberta.

(2) Without restricting the generality of subsection (1), the Minister may (

a) collect information and statistics relating to labour relations, and (

b) disseminate information in a manner and form that the Minister considers will best promote fair and equitable labour relations.

(3) An employer shall make available to the employer’s employees at the employer’s place of business a copy of each notice, information bulletin or extract from this Act or the regulations that the Minister or the Board sends to the employer and requires the employer to make available. 1988 cL-1.2 s5

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Chapter L-1 LABOUR RELATIONS CODE 18 Support to employees 5.1 The Minister may establish a program to provide support and assistance to employees with respect to matters under this Act, the Police Officers Collective Bargaining Act, the Public Education Collective Bargaining Act and the Public Service Employee Relations Act. 2019 c8 s2 Multi-sector advisory council 6(1) The Minister may establish one or more councils to act in an advisory capacity with respect to labour relations.

(2) The Minister may, with respect to a council established under this section, (

a) appoint or provide for the manner of appointment of its members, (

b) prescribe the term of office of any member, (

c) designate or provide for the designation of a chair, vice-chair or secretary, (

d) authorize, fix and provide for the payment of remuneration and expenses to its members, and (

e) make rules governing the calling of its meetings, the conduct of business at its meetings, reporting and any other matters as required.

(3) A council established pursuant to this

section may make rules governing any matter referred to in subsection (2)(

e) to the extent that the Minister has not made rules under that clause governing the matter.

(4) Subject to this Act, a council established pursuant to this

section may exercise the powers and shall perform the duties and functions that the Minister confers or imposes on it. 1988 cL-1.2 s6 Round-table conference 7 The Minister shall, from time to time, convene a conference consisting of representatives of business, trade unions, the academic community and any other groups the Minister considers advisable for the purpose of developing a general understanding of Alberta’s economic circumstances and those factors critical to continued economic growth. 1988 cL-1.2 s7

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Part 2 Labour Relations Division 1 Labour Relations Board Composition of Board 8(1) The Labour Relations Board previously established is continued as the Labour Relations Board.

(2) The Board shall be composed of persons appointed as members of the Board by the Lieutenant Governor in Council.

(3) One of the members of the Board shall be designated as Chair and other members of the Board may be designated as vice-chairs.

(4) The Chair may designate a vice-chair as acting Chair to act as Chair when the Chair is temporarily unable to act or is temporarily absent.

(4.1) The Commissioner, in consultation with the Chair, may designate the Chair or a vice-chair to act as Commissioner when the Commissioner is unable to act or is absent.

(5) The Lieutenant Governor in Council may establish Divisions of the Board and, in that case, (

a) the Chair is, by reason of the Chair’s office, a member of each Division, (

b) a vice-chair and a member may be appointed to one or more Divisions and more than one vice-chair may be appointed to a Division, (

c) a vice-chair may sit as a vice-chair only in a Division to which the vice-chair was appointed, and (

d) the Chair may on a case-by-ca se basis assign a member to a Division other than the Division to which the member was appointed.

(6) The members of the Board shall be appointed to hold office for terms not exceeding (a) 5 years in the case of the Chair and vice-chairs, and (b) 3 years in the case of other members,

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Chapter L-1 LABOUR RELATIONS CODE 20 and may, subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, be reappointed for additional terms to commence on the expiry of their appointment.

(7) The members of the Board shall be paid expenses, allowances and remuneration for their services as determined by the Lieutenant Governor in Council in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(8) The Chair may, in writing, designate officers of the Board for the purposes of this Act. RSA 2000 cL-1 s8;2009 cA-31.5 s55;2016 c10 s3 Sittings and business of Board 9(1) The members of the Board shall meet at the times and places specified by the Chair or a vice-chair and may meet as the Board or as a panel established under subsection (4).

(2) The Chair shall assign the business of the Board to the Division that, in the Chair’s opinion, is the appropriate Division to conduct the business.

(3) The Chair’s decision under subsection (2) is final.

(4) The Chair may establish from the members of a Division panels to conduct the Board’s business that is assigned to that Division.

(5) At the direction of the Chair, a vice-chair shall preside at a meeting of the Board or a panel.

(6) A quorum of the Board or a panel is the Chair or a vice-chair presiding at the meeting and 2 other members.

(6.1) Notwithstanding subsection (6), in the event of the death or incapacity of the person who is presiding over a proceeding in which the evidence and argument have been heard, (

a) the remaining members may decide the matter, if at least one of the remaining members is the Chair or a vice-chair and there are at least 2 other members on the panel, or (

b) if clause (

a) does not apply, the remaining members, if unanimous in their decision, may decide the matter.

(7) A decision of a majority of the members of the Board or a panel present and constituting a quorum is the decision of the Board, but if there is a tie vote, the Chair or the vice-chair presiding at the meeting may cast a 2nd vote.

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(8) Notwithstanding any vacancy in the membership of the Board, if at least 3 members remain in office, the remaining members have and may exercise and perform the powers, duties and functions of the Board.

(9) If a member of the Board resigns or the member’s appointment terminates, the member may carry out and complete the duties or responsibilities and continue to exercise the powers that the member would have had if the member had not ceased to be a member in relation to a proceeding in which the member participated as a member of the Board, until the proceeding is completed.

(10) Notwithstanding subsection (6), the Chair or a vice-chair may sit alone to hear and decide a question (

a) under

section 12(3)(b), (d), (l), (m), (

n) or (o), 14(2), 76(4) or 145(2), or (

b) if the Chair is of the opinion that it is necessary due to an emergency.

(11) The Chair or a vice-chair sitting alone may (

a) where all of the parties consent, or (

b) where, after a period of notice determined by the Board, none of the parties object, grant any order or directive within the Board’s jurisdiction.

(12) When the Chair or a vice-chair sits alone under subsection (10) or (11) or the Board meets as a panel, the Chair, vice-chair or panel, as the case may be, is deemed to be the Board for the purposes of this Act.

(13) Notwithstanding subsections (6), (10) and (11), a Commissioner, when exercising the powers, duties or functions of the Commissioner under

Part 2, Division 15.1, may sit alone to hear and decide a question and may grant any order or directive within the Board’s jurisdiction, and is deemed to be the Board for the purposes of this Act when exercising those powers.

(14) Notwithstanding subsection (2), the Commissioner may, from time to time and in consultation with the Chair, delegate to the Chair or a vice-chair any powers, duties or functions of the Commissioner under this Act with respect to any matter specified by the Commissioner.

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(15) Notwithstanding subsection (4), the Commissioner may, in consultation with the Chair, establish and chair a panel of members of the Board to carry out any power, duty or function of the Commissioner under this Act. RSA 2000 cL-1 s9;2016 c10 s4;2017 c9 s105;2020 c28 s11(4) Staff 10(1) In accordance with the Public Service Act, there may be appointed any employees necessary for the administration of this Act or any other enactment administered by the Board.

(2) For the purposes of the Financial Administration Act, the Chair has all the powers of the deputy head of a department. 1994 c19 s1 Informal procedure 11(1) Notwithstanding

section 9, the Chair may, where in the interest of settlement of the matter in dispute it is desirable to do so, assign any matter before the Board to one or more members of the Board.

(2) For the purposes of resolving the matter in dispute, the member or members of the Board to whom the matter is assigned under subsection (1) may (

a) conduct informal hearings, (

b) engage in efforts at settlement, and (

c) issue reports to the parties to the dispute and the Board on any resolution achieved and any matters that remain unresolved and what the member or members consider ought to be done in respect of those matters.

(3) On application by a party to the dispute, the Board may confirm a report issued under subsection (2) as a decision of the Board. 1988 cL-1.2 s10;1994 c19 s1 Powers of the Board 12(1) Notwithstanding anything in this Act, the powers and duties of the Board shall be exercised and performed in a manner consistent with the jurisdiction conferred on the Board by this Act or any other enactment conferring jurisdiction on the Board.

(2) The Board may for the purposes of this Act (

a) receive applications, references and complaints,

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Chapter L-1 LABOUR RELATIONS CODE 23 (

b) conduct any inquiries or i nvestigations that it considers necessary, either itself or through its officers, (

c) conduct any hearings that it considers necessary, (

d) require, conduct or supervis e votes only by secret ballot, (

e) make or issue any interim or ders, decisions, directives or declarations it considers necessary pending the final determination of any matter before the Board, (

f) make or issue any orders, decisions, notices, directives, declarations or certificates it considers necessary, (f.1) order the pre-hearing production of documents and things relevant to an application before the Board, (

g) make rules (

i) of procedure for the conduct of its business, including inquiries and hearings, (ii) for the giving of notice and the service of documents, (iii) for the charging of f ees for services or materials provided by or at the direction of the Board in a proceeding before it or in an application under

section 19(2), and (iv) for any other matters it considers necessary, (

h) through its members, offi cers and other representatives undertake efforts to assist the parties to a proceeding before the Board to settle the matter, and (

i) award any costs it considers appropriate in the circumstances if an application, reference or complaint, or a reply or defence to it, is, in the opinion of the Board, trivial, frivolous, vexatious or abusive.

(3) The Board may decide for the purposes of this Act whether (

a) a person is an employer, (

b) a person is an employee, (

c) an organization or association is an employers’ organization, (

d) an organization of employees is a trade union,

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Chapter L-1 LABOUR RELATIONS CODE 24 (

e) an employer has given an employers’ organization authority to bargain collectively on the employer’s behalf or has revoked that authority, (

f) a collective agreement has been entered into, (

g) a person is bound by a collective agreement, (

h) a person is a party to a collective agreement, (

i) a collective agreement has been entered into on behalf of any person, (

j) a collective agreement is in effect, (

k) the parties to a dispute have settled the terms to be included in a collective agreement, (

l) a group of employees is a unit appropriate for collective bargaining, (

m) a person has applied for membership or has terminated the person’s membership in a trade union, (

n) a person is a member in good standing of a trade union, (

o) a person is included in or excluded from a unit, (

p) an employer is affected by a registration certificate of a registered employers’ organization, (

q) an employee is employed in a sector, (

r) an employee is employed in a trade jurisdiction, (

s) an employer is engaged in the construction industry or in a part of the construction industry, (

t) a strike has occurred or is lawful under this Act, or (

u) a lockout has occurred or is lawful under this Act, (

v) repealed 2017 c9 s106 and the Board’s decision is final and binding.

(4) The Board has exclusive jurisdiction to exercise the powers conferred on it by or under this Act and to determine all questions of fact or law that arise in any matter before it and the action or decision of the Board on them is final and conclusive for all purposes, but the Board may, at any time, whether or not an

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Chapter L-1 LABOUR RELATIONS CODE 25 application has commenced under

section 19(2), reconsider any decision, order, directive, declaration or ruling made by it and vary, revoke or affirm the decision, order, directive, declaration or ruling.

(5) In addition to the matters specified or referred to in this section, the Board has all necessary jurisdiction and power to perform any duties assigned to it by the Lieutenant Governor in Council.

(6) Neither the members of the Board nor any person employed in respect of the Board’s activities is personally liable for anything done by the member or person in good faith while acting in the course of the member’s or person’s duties or employment under this or any other Act. RSA 2000 cL-1 s12;2008 c9 s2;2017 c9 s106 Inquiries, investigations and inspections 13(1) The Board or an officer may (

a) inspect and examine all books, payrolls and other records of an employer, an employee or any other person relating to employment or terms or conditions of employment; (

b) by notice in writing demand the production of any books, records, documents, papers, payrolls, contracts of employment or other records relevant to employment or terms and conditions of employment or relevant to the membership or constitution of a trade union or employers’ organization, either forthwith or at a date, place and time specified in the notice; (

c) take extracts from or make copies of books, records, documents, papers, payrolls, contracts of employment and any other records relating to employment or terms or conditions of employment; (

d) require an employer, employee or any other person to make, furnish or produce full and correct statements either orally or in writing respecting employment or terms and conditions of employment, and may require the statements to be made on oath or to be verified by statutory declaration; (

e) post or require any employ er, trade union, employee or other person to post any notices or other communications of the Board at the locations that the Board or officer, as the case may be, considers advisable.

(2) For the purposes of this Act, an officer may, in the execution of the officer’s duties,

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a) enter, inspect and examin e at all reasonable times any premises or other place, other than a private dwelling, in which the officer has reason to believe that a person is employed, (

b) make any examination and inquiry necessary to ascertain whether the provisions of this Act or any order, decision, directive, declaration or notice of the Board or any written instructions of the Chair, a vice-chair or an officer have been complied with, and (

c) question an employee, with out the employee’s employer being present, during the employee’s regular hours of work or otherwise.

(3) An employers’ organization, employer, trade union and employee, and any person acting on their behalf, shall give reasonable assistance to the Board and officers to enable them to do any of the things referred to in this section. 1988 cL-1.2 s12 Evidence 14(1) For the purposes of this Act, officers and members of the Board may administer oaths.

(2) Subject to subsection (3), the Board may, by order, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things the Board considers requisite to the full investigation and consideration of matters within its jurisdiction in the same manner as a court of record may in civil cases.

(3) If any person fails to comply with a Board order made under subsection (2), or conducts himself or herself in a manner that may be in contempt of the Board or its proceedings, the Board may apply to the Court for an order directing compliance with the Board’s order, or restraining any conduct found by the Court to be in contempt of the Board or its proceedings.

(4) On an application under subsection (3), the Court may grant any order that, in the opinion of the Court, is necessary to enable the Board to carry out its duties.

(5) The Board (

a) may accept any oral or written evidence that it, in its discretion, considers proper, whether admissible in a court of law or not, and

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Chapter L-1 LABOUR RELATIONS CODE 27 (

b) is not bound by the law of evidence applicable to judicial proceedings.

(6) The Board is not required to divulge any information as to whether a person (

a) is or is not a member of a trade union, (

b) has or has not applied for membership in a trade union, or (

c) has or has not indicated in writing the person’s selection of a trade union to be, or the person’s opposition to the trade union’s being, the bargaining agent on the person’s behalf.

(7) When the Board receives information in confidence the disclosure of which would, in the opinion of the Board, be likely to harm labour relations, the Board may by order protect against the disclosure of the information to any person, other than the parties to the Board’s proceedings, until the Board is of the opinion that the disclosure of the information would no longer harm labour relations. RSA 2000 cL-1 s14;2017 c9 s107 Conduct of votes 15(1) For the purposes of this Act, the Board may require, conduct or supervise votes.

(2) All votes required, conducted or supervised by the Board for the purposes of this Act shall be by secret ballot.

(3) The Board (

a) may on the request of an employer, employers’ organization or trade union or on receipt of a petition signed by not fewer than 50% of the employees in a unit, and (

b) shall on the direction of the Minister, conduct a vote on any question involving the relations between an employer and the employer’s employees in a unit or between an employers’ organization and the employers in the employers’ organization where it is desirable to have an expression of opinion of the majority of the employees or employers, as the case may be.

(4) For the purpose of any vote required, conducted or supervised by the Board, the Board may do all or any of the following: (

a) make rules, including rules with respect to

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i) subject to subsection (2), the manner of taking or casting votes, (ii) the procedure to be followed before, during and after a vote, (iii) the fixing of the da te, place and time of voting, (iv) the manner in which and the time at which a voters list is to be prepared, and (

v) the disposal of ballots; (

b) appoint persons to act as returning officers for any vote required, conducted or supervised and vest in them whatever authority it considers necessary to ensure that the vote is properly conducted and that its rules are complied with; (

c) when it is required or permitted to do so under this Act, determine who is eligible to vote on any matter; (

d) investigate any complaint made to it concerning any vote taken pursuant to this Act; (

e) require an employer to place a suitable portion of the employer’s premises or the premises where employees are working at the disposal of the Board for the purpose of taking a vote; (

f) direct all interested persons to refrain or desist from electioneering or from issuing any propaganda, or both, for any period of time prior to the date of a vote that the Board fixes.

(5) The Board may delegate its powers under subsection (4)(b), (c), (d), (

e) or (

f) to an officer or to the Chair or a vice-chair. 1988 cL-1.2 s14 Applications to the Board 16(1) An employer, employers’ organization, employee, trade union or other interested person may make a complaint in writing to the Board that there has been or is a failure to comply with any provision of this Act that is specified in the complaint.

(2) The Board may refuse to accept any complaint that is made more than 90 days after the complainant knew, or in the opinion of the Board ought to have known, of the action or circumstances giving rise to the complaint.

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(3) When a difference exists concerning the application or operation of this Act, a party to the difference may refer the difference to the Board.

(4) When a complaint is made under subsection (1), a reference is made under subsection (3) or any other application to the Board is made under this Act, the Board may do one or more of the following: (

a) appoint an officer to inquire into the complaint, reference or application and endeavour to effect a settlement within a reasonable time; (

b) refer the matter to one or more members of the Board pursuant to

section 11(1); (

c) decide the matter itself after any hearings or inquiries that it considers necessary; (

d) where the matter in issu e is properly the subject of collective agreement arbitration, or some other proceeding authorized by statute, decline to proceed with the matter or proceed on any terms that the Board considers just; (

e) where the Board is of the opinion that the matter is without merit, or is frivolous, trivial, vexatious, filed with improper motives or an abuse of process, reject the matter summarily.

(5) The Board’s powers under subsection (4)(

a) may be delegated to the Chair, a vice-chair or an officer designated by the Board.

(6) The Board shall give notice to any party that, in the opinion of the Board, may be affected by a complaint, reference or application filed with the Board.

(7) The Board may permit an amendment to a complaint, reference or application at any stage in its proceedings subject to the rights of affected parties to make any representations and defences that may be necessitated by the amendment.

(7.1) The Board shall give priority to and expedite the resolution of any complaints before it in which it is alleged that an employee has been discharged from employment as a result of an unfair labour practice.

(7.2) The Board may decline to dismiss an application on a preliminary motion alleging a lack of a sufficient prima facie case, or insufficient particulars or evidence, if in the opinion of the Board, it would be inappropriate to dismiss the application prior to

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Chapter L-1 LABOUR RELATIONS CODE 30 the pre-hearing disclosure of relevant documents or other pre- hearing procedures.

(7.3) In exercising its discretion under subsection (7.2), the Board shall consider whether information relevant to the application is peculiarly within the knowledge of the respondent or other persons and not generally available.

(8) When the Board makes a decision with respect to a complaint, reference or application, the Board may by order or directive, for the purpose of ensuring the fulfilment of the purposes of this Act, in respect of any contravention of or failure to comply with any provision to which

section 17 applies, in addition to or instead of any other order that the Board is authorized to make under that section, require an employer, employers’ organization, employee, trade union or other person to do or refrain from doing anything that it is equitable to require the employer, employers’ organization, employee, trade union or other person to do or refrain from doing in order to remedy or counteract any consequence of the contravention or failure to comply that is adverse to the fulfilment of the purposes of this Act.

RSA 2000 cL-1 s16;2017 c9 s108;2020 c28 s11(5) Remedies 17(1) When the Board is satisfied after an inquiry that an employer, employers’ organization, employee, trade union or other person has failed to comply with any provision of this Act that is specified in a complaint, the Board may issue a directive to rectify the act in respect of which the complaint was made and, without restricting the generality of the foregoing and of

section 16(8), (

a) may issue a directive or interim directive to the employer, employers’ organization, employee, trade union or other person concerned to cease doing the act in respect of which the complaint was made; (

b) may issue a directive to re quire the employer, employers’ organization, employee, trade union or other person (

i) to reinstate any employee suspended or discharged contrary to this Act; (ii) to pay to an employee or former employee suspended or discharged contrary to this Act compensation not exceeding a sum that, in the opinion of the Board, would have been paid by the employer to the employee, together with a sum not exceeding the amount of interest paid by the employee on money borrowed to support the

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Section 17

Chapter L-1 LABOUR RELATIONS CODE 31 employee and the employee’s family, during the time the employee was so suspended or discharged; (iii) to reinstate or admit a person as a member of a trade union; (iv) to rescind any disciplinary action taken or pecuniary or other penalty imposed contrary to this Act; (

v) to pay to a person compensation not exceeding a sum that, in the opinion of the Board, is equivalent to the pecuniary or other penalty imposed on a person contrary to this Act; (vi) in respect of a contravention of

section 148 or 149, to pay to an employee compensation not exceeding a sum that, in the opinion of the Board, is equivalent to the remuneration that would have been paid to the employee by the employer if the employer had not contravened that section; (

c) in respect of a failure to comply with

section 60, (

i) may issue a directive dir ecting the employer, employers’ organization, bargaining agent or authorized representative concerned to bargain in good faith and to make every reasonable effort to enter into a collective agreement, and (ii) may prescribe the conditions under which collective bargaining is to take place; (c.1) may, notwithstanding any other provision of this Act, if a prohibited practice contrary to Division 23 of

Part 2 results in a representation vote that does not reflect the true wishes of the employees in a unit, (

i) order that another representation vote be conducted and do anything to ensure that the representation vote reflects the true wishes of the employees in the unit, (ii) certify the trade union as the bargaining agent for the employees in the unit that the Board considers appropriate for collective bargaining only if no other remedy or remedies would be sufficient to counteract the effects of the prohibited practice, or (iii) refuse to certify the trade union as the bargaining agent for the employees in the unit only if no other remedy or

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Section 18

Chapter L-1 LABOUR RELATIONS CODE 32 remedies would be sufficient to counteract the effects of the prohibited practice; (

d) may, notwithstanding any other provision of this Act, (

i) repealed 2020 c28 s11(6); (ii) revoke or refuse to revoke the certification of a bargaining agent; (iii) revoke or refuse to revoke the bargaining rights of a bargaining agent voluntarily recognized; (iv) register or refuse to register an employers’ organization as an agent for collective bargaining on behalf of employers in a trade jurisdiction and sector in the construction industry; (

v) cancel or refuse to cancel the registration certificate of a registered employers’ organization.

(2) Repealed 2017 c9 s109. RSA 2000 cL-1 s17;2017 c9 s109;2020 c28 s11(6) Board orders, etc. 18(1) An order that the Board makes may be issued on its behalf by the Chair or a vice-chair.

(2) An order purporting to be signed by the Chair or a vice-chair on behalf of the Board shall be received in any court as proof, in the absence of evidence to the contrary, (

a) of the order and its contents, and (

b) that the persons signing the order were authorized to do so, without proof of the appointment or signature of the Chair or vice-chair.

(3) A copy of an order, having endorsed on it a certificate purporting to be signed by an officer stating that the copy is a true copy, shall be received in any court as proof, in the absence of evidence to the contrary, of the order and its contents, without proof of the appointment or signature of the officer.

(4) If the Board is satisfied in any proceedings under this Act that a bona fide mistake has been made in naming or not naming a person, trade union, employer or employers’ organization, the Board may direct that the name of the person, trade union,

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Chapter L-1 LABOUR RELATIONS CODE 33 employer or employers’ organization be substituted, added or deleted as a party to the proceedings.

(5) No proceeding under this Act is invalid by reason of a defect of form or a technical irregularity.

(6) If any directive or order made by the Board is not complied with, the Board may, on the request of an employer, employers’ organization, employee, trade union or other person affected by the directive or order, file a copy of the order or directive with the clerk of the Court and, on being filed, the directive is enforceable as a judgment or order of the Court.

(7) For the purpose of this section, “order” includes a decision, declaration, directive, interim directive, order or certificate made by the Board. 1988 cL-1.2 s17 Judicial review 19(1) Subject to subsection (2), no decision, order, directive, declaration, ruling or proceeding of the Board shall be questioned or reviewed in any court by application for judicial review or otherwise, and no order shall be made or process entered or proceedings taken in any court, whether by way of injunction, declaratory judgment, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board or any of its proceedings.

(2) A decision, order, directive, declaration, ruling or proceeding of the Board, except a decision made under

section 145(3), may be questioned or reviewed by way of an application for judicial review seeking an order in the nature of certiorari or mandamus if the application is filed with the Court and served on the Board no later than 30 days after the date of the decision, order, directive, declaration, ruling or proceeding, or reasons in respect of it, whichever is later.

(3) The Court may, in respect of any application under subsection (2), (

a) determine the issues to be resolved on the application, (

b) limit the contents of the return from the Board to those materials necessary for the disposition of those issues, and (

c) give directions to protect the confidentiality of the matters referred to in

section 14(6). RSA 2000 cL-1 s19;2009 c53 s92;2017 c9 s110

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Chapter L-1 LABOUR RELATIONS CODE 34 Report by Board 20(1) The Board shall at the end of each Government fiscal year make a report on the operations of the Board during that year to the Minister.

(2) On receipt of the report referred to in subsection (1) by the Minister, the Minister shall lay a copy of it before the Legislative Assembly if it is then sitting and if not, within 15 days after the commencement of the next sitting. 1994 c19 s1 Division 2 Employee and Employer Rights Rights of employees and employers 21(1) An employee has the right (

a) to be a member of a trade union and to participate in its lawful activities, and (

b) to bargain collectively wi th the employee’s employer through a bargaining agent.

(2) An employer has the right (

a) to be a member of an employers’ organization and to participate in its lawful activities, (

b) to bargain collectively with the employer’s employees, and (

c) to conduct collective bargaining through an employers’ organization. 1988 cL-1.2 s19 Discrimination, etc. 22 No employer or trade union or any person acting on their behalf shall discriminate against a person in regard to employment or membership in a trade union, or intimidate or coerce a person or impose a pecuniary or other penalty on a person, because the person (

a) has testified or otherwise pa rticipated in or may testify or otherwise participate in a proceeding authorized or permitted under a collective agreement or in a proceeding under this Act, (

b) has made or is about to make a disclosure that the person may be required to make in a proceeding authorized or permitted under a collective agreement or in a proceeding under this Act, or

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Chapter L-1 LABOUR RELATIONS CODE 35 (

c) has made an application or filed a complaint under this Act. 1988 cL-1.2 s20 Right of dismissed employee 23 No person ceases to be an employee within the meaning of this Act by reason only of the employee’s dismissal contrary to this Act. 1988 cL-1.2 s21 Division 3 Trade Unions Filing of constitution, etc., of trade union 24(1) In accordance with the rules and procedures established by the Board, a trade union shall file with the Board (

a) a copy of its constitution, bylaws or other constitutional documents, and (

b) the names and addresses of its president, secretary, officers and other organizers and the names of its officers who are authorized to sign collective agreements.

(2) The trade union shall send to the Board any changes to the information supplied under subsection (1) as soon as possible after the change is made and in any event when required to do so by the Board. 1988 cL-1.2 s22 Financial statement 24.1(1) Every trade union shall, as soon as possible after the end of the trade union’s fiscal year, provide to each member in accordance with the regulations (

a) a financial statement, meeting any requirements set out in the regulations, of the trade union’s affairs for the preceding fiscal year, and (

b) any information prescribed by the regulations.

(2) The financial statement must contain information in sufficient detail to accurately disclose the financial condition and operation of the trade union for its preceding fiscal year.

(3) If a member makes a complaint to the Board that the trade union has failed to comply with subsection (1), the Board may order the trade union to provide to the member a financial statement or the information prescribed by the regulations.

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Chapter L-1 LABOUR RELATIONS CODE 36

(4) If the member makes a complaint to the Board that the financial statement or the prescribed information is inadequate, the Board may order the trade union to prepare another financial statement or to provide the prescribed information in a form and containing the particulars that the Board considers appropriate.

(5) The Minister may make regulations (

a) respecting requirements that financial statements must meet for the purposes of subsection (1)(a), including requirements that apply to different classes of trade unions or particular trade unions; (

b) respecting the manner and form in which financial statements or prescribed information is to be provided to a member or members by a trade union; (

c) prescribing information for the purposes of subsection (1)(b), including information that must be provided by different classes of trade unions or particular trade unions; (

d) establishing different cl asses of trade unions for the purposes of this section. 2020 c28 s11(7) Capacity of trade union 25(1) For the purposes of this Act, a trade union is capable of (

a) prosecuting and being prosecuted, and (

b) suing and being sued.

(2) A trade union and its acts are not unlawful by reason only that one or more of its objects or purposes are in restraint of trade. 1988 cL-1.2 s23 Suspension or expulsion from trade union 26 No trade union shall expel or suspend any of its members or take disciplinary action against or impose any form of penalty on any person for any reason other than a failure to pay the periodic union dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union, unless that person has been (

a) served personally or by double registered mail with specific charges in writing, (

b) given a reasonable time to prepare the person’s defence,

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Chapter L-1 LABOUR RELATIONS CODE 37 (

c) afforded a full and fair hearing, including the right to be represented by counsel, and (

d) found guilty of the charge or charges, and if a monetary penalty has been imposed, fails to pay it after having been given a reasonable time to do so. RSA 2000 cL-1 s26;2020 c28 s11(8) Deduction election 26.1(1) In setting union dues, assessments or initiation fees, a trade union must indicate (

a) the amount or percentage of the union dues, assessments or initiation fees that relates to political activities and other causes, including (

i) general social causes or issues, (ii) charities or non-governmental organizations, (iii) organizations or groups af filiated with or supportive of a political party, and (iv) any activities prescribed by the regulations, and (

b) the amount or percentage of the union dues, assessments or initiation fees that directly relates to (

i) activities under this Act, including activities relating to collective bargaining and representation of members, and (ii) other activities that do not fall under subclause (

i) or clause (a), including any activities prescribed by the regulations.

(2) A trade union, before charging any union dues, assessments or initiation fees, or before changing the amount or percentage of the union dues, assessments or initiation fees to be charged, shall provide to each person required to pay the union dues, assessments or initiation fees (

a) information respecting the amount or percentage of the union dues, assessments or initiation fees that relates to activities referred to in subsection (1)(

a) and the amount or percentage of the union dues, assessments or initiation fees that directly relates to activities referred to in subsection (1)(b),

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Chapter L-1 LABOUR RELATIONS CODE 38 (

b) subject to the regulations, information required or reasonably requested by the person to make an informed decision for the purpose of making an election under subsection (3) or a revocation under subsection (4), and (

c) any other information required by the regulations.

(3) Effective on and after the date prescribed by the regulations, a person is not required to pay the amount or percentage of the union dues, assessments or initiation fees that relates to activities referred to in subsection (1)(

a) unless the person makes an election in accordance with the regulations.

(4) An election under subsection (3) may be revoked in accordance with the regulations.

(5) Where an employee makes an election under subsection (3) or revokes an election under subsection (4), the trade union representing the employee in a unit must notify the employee’s employer of the employee’s election or revocation if the union dues are deducted in accordance with

section 27.

(6) Notwithstanding

section 26, no trade union shall expel or suspend a member or take disciplinary action against or impose any form of penalty on a member (

a) because the member has not made an election under subsection (3) or has revoked an election under subsection (4), or (

b) because the member does no t pay the amount or percentage of the union dues, assessments or initiation fees that relates to activities referred to in subsection (1)(

a) unless the member has made an election under subsection (3).

(7) No trade union shall collect union dues, assessments or initiation fees from an employee or use union dues, assessments or initiation fees collected from an employee for activities referred to in subsection (1)(

a) unless the employee has made an election under subsection (3).

(8) No trade union shall use union dues, assessments or initiation fees collected for activities referred to in subsection (1)(

b) for any activities other than those referred to in subsection (1)(b).

(9) If there is a dispute (

a) as to whether the union dues, assessments or initiation fees relate to an activity referred to in subsection (1)(

a) or directly relate to an activity referred to in subsection (1)(b),

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Chapter L-1 LABOUR RELATIONS CODE 39 (

b) as to whether an election was made under subsection (3) or revoked under subsection (4) in accordance with the regulations, (

c) as to whether the information required by the regulations to be provided by a trade union is sufficient to enable a person to make an informed decision for the purpose of making an election under subsection (3) or revoking an election under subsection (4), or (

d) with respect to any other matter under this section, a party to the dispute may apply to the Board to resolve the dispute.

(10) Where an application has been made under subsection (9), the Board may make any order it considers appropriate to resolve the dispute, including an order (

a) that the trade union produce any necessary information required for the purpose of this section, (

b) adjusting the amount or percentage of the union dues, assessments or initiation fees that relates to an activity referred to in subsection (1)(

a) or directly relates to an activity referred to in subsection (1)(b), (

c) that the collection or use of union dues, assessments or initiation fees for activities referred to in subsection (1)(

a) in contravention of subsection (7) is to cease, (

d) for restitution to employees of union dues, assessments or initiation fees that have been collected or used for activities referred to in subsection (1)(

a) in contravention of subsection (7), or (

e) suspending the trade union’s ability to collect union dues from employers or employees.

(11) The Lieutenant Governor in Council may make regulations (

a) prescribing activities for the purposes of subsection (1)(a)(iv) or (b)(ii); (

b) respecting factors for the purpose of determining whether the union dues, assessments or initiation fees relate to an activity referred to in subsection (1)(

a) or directly relate to an activity referred to in subsection (1)(b); (

c) respecting the timing and frequency for the setting or charging of union dues, assessments or initiation fees by a

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Section 26.1

Chapter L-1 LABOUR RELATIONS CODE 40 trade union, including the making of changes to an amount or percentage referred to in subsection (1) and the information required under subsection (2); (

d) respecting the timing, ci rcumstances and procedure for making an election under subsection (3) or revoking an election under subsection (4); (

e) respecting the information required to be provided by a trade union so that a person can make an informed decision for the purpose of making an election under subsection (3) or revoking an election under subsection (4), including the form and manner of providing the information; (

f) respecting the information to be provided to employers in a notice under subsection (5), including the form and manner of providing the notice; (

g) whether or not the term is already defined in this Act, defining any term used in (

i) this section, (ii)

section 42.1 of the Police Officers Collective Bargaining Act, (iii)

section 5.1(4) of the Public Education Collective Bargaining Act, or (iv)

section 22.1 of the Public Service Employee Relations Act, for the purpose of any of those sections and any other provision related to those sections; (

h) prescribing the effective dates for the purposes of subsection (3) and

section 27(6) of this Act,

section 42.1(4) of the Police Officers Collective Bargaining Act,

section 5.1(4) of the Public Education Collective Bargaining Act and sections 22(2) and 22.1(3) of the Public Service Employee Relations Act; (

i) respecting any other matter the Lieutenant Governor in Council considers necessary to carry out the intent and purposes of this section. (12) Subsections (1) to (11) and sections 27, 29(2), 149(1)(a)(iii) and 151(

g) as amended by the Restoring Balance in Alberta’s Workplaces Act, 2020 do not apply in respect of membership fees and union dues charged by

RSA 2000

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Chapter L-1 LABOUR RELATIONS CODE 41 (

a) academic staff associations, (

b) graduate students associations, or (

c) postdoctoral fellows associations in their roles as bargaining agents under Division 9.1 until a Proclamation is issued fixing the date of the application of those provisions to the academic staff associations, graduate students associations or postdoctoral fellows associations.

(13) Proclamations may be issued at different times in respect of the application of the provisions referred to in subsection (12) to academic staff associations, graduate students associations and postdoctoral fellows associations. 2020 c28 s11(9);2023 c9 s15 Deduction of union dues 27(1) An employee may, in writing, authorize the employee’s employer to deduct from wages due to the employee an amount payable by that employee to a trade union for (

a) union dues, and (

b) initiation fees not exceeding an amount equivalent to one month’s union dues.

(2) The employer shall, from wages due to the employee, make the deductions authorized by the employee, and the authorization (

a) is effective only for the amount or the percentage of the wages specified in it, and (

b) continues in force for at least 3 months and afterwards until revoked in writing by the employee.

(3) The employer shall by the 15th day of each month remit to the trade union named in the authorization (

a) the union dues deducted for the preceding month, and (

b) a written statement of the name of the employee for whom the deduction was made and of the amount or percentage of the employee’s wages of each deduction, until the authorization is revoked in writing by the employee and the revocation is delivered to the employer.

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Chapter L-1 LABOUR RELATIONS CODE 42

(4) On receipt of a revocation of an authorization to deduct union dues, the employer shall immediately give a copy of the revocation to the trade union concerned.

(5) On the request of a trade union representing employees in a unit, a collective agreement must contain a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, (

a) the amount of the union dues, and to remit the amount to the trade union forthwith, and (

b) any amounts referred to in

section 29(2), if applicable, and to remit the amount to a charitable organization agreed on by the employer and the trade union.

(6) Notwithstanding subsections (1) to (5), effective on and after the date prescribed by the regulations, an employer shall not deduct the amount or percentage of union dues, assessments or initiation fees that relates to an activity referred to in

section 26.1(1)(

a) unless the employee has made an election under

section 26.1(3). RSA 2000 cL-1 s27;2017 c9 s111;2020 c28 s11(10) Fees for temporary card 28 If a trade union issues a temporary card, document or other permit to a person who is not a member of the trade union, the union dues or fees charged each month by the trade union for the temporary card, document or other permit shall not exceed an amount equivalent to the union dues or fees payable by a member of the trade union for the same period.

RSA 2000 cL-1 s28;2020 c28 s11(11) Employees to be union members 29(1) Subject to subsection (2), nothing in this Act prevents a trade union from continuing an existing collective agreement or entering into a new collective agreement with an employer or employers’ organization whereby all the employees or any unit of employees of the employer or of one or more employers represented by the employers’ organization are required to be members of a trade union.

(2) If the Board is satisfied that an employee because of the employee’s religious conviction or religious belief (

a) objects to joining a trade union, or (

b) objects to the paying of union dues or other assessments to a trade union,

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Section 30

Chapter L-1 LABOUR RELATIONS CODE 43 the Board may order that the provisions of a collective agreement of the type referred to in subsection (1) do not apply to the employee and that the employee is not required to join the trade union, to be or to continue to be a member of the trade union, or to pay any dues, fees or assessments to the trade union, if amounts equal to any initiation fees, union dues or assessments described in

section 26.1(1)(

b) are paid by the employee to, or are remitted by the employer to, a charitable organization agreed on by the employee and the trade union.

(3) If the employee and the trade union fail to agree on a charitable organization for the purpose of subsection (2), the Board may designate a charitable organization registered as a charitable organization in Canada under

Part I of the Income Tax Act (Canada) to which the amounts referred to in that subsection must be paid or remitted. RSA 2000 cL-1 s29;2020 c28 s11(12) Division 4 Employers’ Organizations Capacity of employers’ organization 30(1) For the purposes of this Act, an employers’ organization is capable of (

a) prosecuting and being prosecuted, and (

b) suing and being sued.

(2) An employers’ organization and its acts are not unlawful by reason only that one or more of its objects are in restraint of trade to the extent that those objects are necessary for carrying out its duties under this Act. 1988 cL-1.2 s28 Suspension or expulsion from employers’ organization 31 No employers’ organization shall expel or suspend any of its members, or take disciplinary action against or impose any form of penalty on any person for any reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the employers’ organization as a condition of acquiring or retaining membership in the employers’ organization, unless that person has been (

a) served personally or by double registered mail with specific charges in writing, and (

b) given a reasonable time to prepare the person’s defence. 1988 cL-1.2 s29

RSA 2000

Section 32

Chapter L-1 LABOUR RELATIONS CODE 44 Division 5 Certification Applications for certification 32 A trade union may apply to the Board to be certified as the bargaining agent for the employees in a unit that the trade union considers appropriate for collective bargaining. 1988 cL-1.2 s30 Evidence in support of application for certification 33 An application for certification shall be supported by evidence, in a form satisfactory to the Board, that (

a) at least 40% of the employees in the unit applied for, by (

i) maintaining membership in good standing in the trade union, or (ii) applying for membership in the trade union and paying on their own behalf a sum of not less than $2 not longer than 90 days before the date the application for certification was made, or both, have indicated their support for the trade union, or (

b) at least 40% of the employees in the unit applied for have, not longer than 90 days before the date the application for certification was made, indicated in writing their selection of the trade union to be the bargaining agent on their behalf. RSA 2000 cL-1 s33;2017 c9 s112;2019 c8 s2 Inquiry into certification application 34(1) Before granting an application for certification, the Board shall satisfy itself, after any investigation that it considers necessary, that (

a) the applicant is a trade union, (

b) the application is timely, (

c) the unit applied for, or a unit reasonably similar to it, is an appropriate unit for collective bargaining, (

d) the employees in the unit th e Board considers an appropriate unit for collective bargaining have voted, at a representation vote conducted by the Board, to select the trade union as their bargaining agent, and (

e) the application is not prohibited by

section 38.

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Chapter L-1 LABOUR RELATIONS CODE 45

(2) Before conducting a representation vote the Board shall satisfy itself, on the basis of the evidence submitted in support of the application and the Board’s investigation in respect of that evidence, that at the time of the application for certification the union had the support, in the form set out in

section 33(

a) or (b), of at least 40% of the employees in the unit applied for.

(3) Subject to subsections (4) and (5), the Board shall conduct any representation vote and complete its inquiries into and consideration of the application for certification as soon as possible.

(4) The Board shall make its final decision whether to grant the application for certification no later than 6 months after the date of the application.

(5) Notwithstanding subsection (4), the Chair may, in exceptional circumstances, approve an extension of the time referred to in subsection (4). RSA 2000 cL-1 s34;2017 c9 s113;2019 c8 s2;2020 c28 s11(13) 34.1 Repealed 2017 c9 s114. Appropriate unit 35(1) In processing an application for certification, (

a) the Board may accept the unit applied for if, in the opinion of the Board, that unit is an appropriate unit for collective bargaining, or (

b) the Board may (

i) alter or amend the description of the unit applied for, (ii) include employees in or exclude employees from the unit applied for, or the unit as altered or amended, or (iii) do any other things it considers appropriate, if, in the opinion of the Board, any altered or amended unit is reasonably similar to the unit applied for and is appropriate for collective bargaining.

(2) Certifications for firefighters shall be granted on the basis that all firefighters of an employer shall be included in one bargaining unit. 1988 cL-1.2 s33;1995 cM-2.5 s3

RSA 2000

Section 35.01

Chapter L-1 LABOUR RELATIONS CODE 46 Dependent contractors transitional 35.01(1) If an application for certification is made for a unit consisting of, or including, dependent contractors, and the application meets the requirements of sections 32 to 34, the Board shall (

a) if there is no other un it of employees certified by a bargaining agent with respect to the same employer, determine whether the unit applied for is appropriate for collective bargaining and, if so, certify that unit, or (

b) if there is a unit of empl oyees certified by a bargaining agent with respect to the same employer, determine whether inclusion of the dependent contractors in the existing unit would be more appropriate for collective bargaining and, if so, require that an application be made under

section 45 to modify the description of the unit.

(2) If the Board has determined under subsection (1)(

b) that modifications to the existing unit description would be more appropriate for collective bargaining and an application for modification is made, the Board must (

a) determine what rights, privileges and duties have been acquired or are retained, and for that purpose the Board may make inquiries or direct that a representation vote be taken as it considers necessary or advisable, (

b) ensure that reasonable procedures have been developed to integrate dependent contractors and employees into a single bargaining unit, (

c) modify or restrict the oper ation or effect of a collective agreement in order to determine the seniority rights under it of employees or dependent contractors, and (

d) give directions that the Board considers necessary or advisable as to the

interpretation, application or operation of a collective agreement affecting the employees and dependent contractors in a unit determined under this

section to be appropriate for collective bargaining.

(3) On the coming into force of this section, (

a) a person who meets the definition of a dependent contractor and is not covered by an existing collective agreement is only covered by the agreement in a circumstance described as follows:

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Chapter L-1 LABOUR RELATIONS CODE 47 (

i) the Board makes a determination that the person or the person’s position is a dependent contractor covered by the collective agreement, or (ii) the parties to the co llective agreement amend the agreement to address and resolve whether the person or the person’s position is a dependent contractor under the collective agreement; (

b) a person who meets the definition of a dependent contractor is covered by an existing collective agreement if the agreement includes that person or the person’s position using clear and explicit language.

(4) A party to an existing certificate, voluntary recognition agreement or collective agreement may apply to the Board for a declaration of whether the person or the person’s position is a dependent contractor included within the scope of the existing certificate, voluntary recognition agreement or collective agreement.

(5) In determining a matter under subsection (4), the Board shall consider the requirements specified in subsections (1) and (2).

(6) If a question arises in an arbitration as to whether a person or the person’s position is a dependent contractor covered by a collective agreement, the arbitrator, arbitration board or other body may refer the matter to the Board for a determination.

(7) An arbitrator, arbitration board or other body is not required to refer a matter under subsection (6) if the Board has previously made a determination as to whether the person or the person’s position is a dependent contractor covered by the collective agreement or if the parties have specifically addressed the question by using clear and explicit language within their collective agreement. 2017 c9 s115 Ambulance attendant bargaining units 35.1(1) Notwithstanding any certificate to the contrary, a bargaining unit that includes ambulance attendants as defined in the Emergency Health Services Act who are represented by a bargaining agent shall not include any other employees, other than employees to whom Division 16 applies. (2) Subsection (1) does not apply in respect of a region-wide functional bargaining unit established under

section 162.1 and the regulations under that section. 2008 cE-6.6 s54;2008 c9 s4

RSA 2000

Section 36

Chapter L-1 LABOUR RELATIONS CODE 48 Joint application by trade unions 36(1) Two or more trade unions that together claim to have been selected by at least 40% of the employees in a unit that the trade unions consider appropriate for collective bargaining may join in an application for certification as a bargaining agent.

(2) When 2 or more trade unions join in an application in accordance with subsection (1), this Division applies to the trade unions in respect of the joint application and to all matters arising from the joint application as if the application had been made by one trade union. 1988 cL-1.2 s34 Timeliness of application for certification 37(1) No application for certification shall be made without the Board’s consent (

a) until at least 60 days after the applicant has complied with

section 24(1)(a), or (

b) while a lawful strike or lawful lockout is in effect.

(2) An application for certification may be made, (

a) if no collective agreement or certification of a bargaining agent is in effect in respect of any employees in the unit, at any time, (

b) if a bargaining agent has been certified in respect of any of the employees in the unit, at any time after the expiration of 10 months from the date of the certification of the bargaining agent, unless a collective agreement has been entered into by the bargaining agent, (

c) if the certification of a barg aining agent in respect of any of the employees in the unit is questioned or reviewed by the Court, at any time after the expiration of 10 months from the date of the final disposition of the question or review, unless the Court quashes the decision of the Board to certify the bargaining agent, (

d) if a collective agreement for a term of 2 years or less is in force in respect of any of the employees in the unit, at any time in the 2 months immediately preceding the end of the term of the collective agreement, or (

e) if a collective agreement for a term of more than 2 years is in force in respect of any of the employees in the unit, at any time

RSA 2000

Section 37

Chapter L-1 LABOUR RELATIONS CODE 49 (

i) in the 11th or 12th month of the 2nd or any subsequent year of the term, or (ii) in the 2 months immediately preceding the end of the term.

(3) Notwithstanding subsection (2), no application shall be made under clause (e)(

i) of that subsection unless the application is made at least 10 months prior to the end of the term of the collective agreement.

(4) Notwithstanding subsection (2), no application for certification in respect of the collective agreement referred to in subsection (2)(

d) shall be made if (

a) the employer and the bargai ning agent for the employees in the unit enter into a new collective agreement at any time prior to the 2 months immediately preceding the end of the term of the collective agreement referred to in subsection (2)(d), and (

b) the Board is satisfied that (

i) the employees in the unit were informed by the bargaining agent that no applications for certification shall be permitted if the employees vote to enter into the new collective agreement, and (ii) a majority of the employees in the unit voted to enter into the new collective agreement.

(5) Notwithstanding subsection (2), no application for certification in respect of a collective agreement referred to in subsection (2)(

e) shall be made if (

a) the employer and the bargai ning agent for the employees in the unit enter into a new collective agreement at any time prior to (

i) the 11th or 12th month of the 2nd or any subsequent year of the term of the collective agreement referred to in subsection (2)(e), or (ii) the 2 months immediatel y preceding the end of the term of the collective agreement referred to in subsection (2)(e), and (

b) the Board is satisfied that

RSA 2000

Section 38

Chapter L-1 LABOUR RELATIONS CODE 50 (

i) the employees in the unit were informed by the bargaining agent that no applications for certification shall be permitted if the employees vote to enter into the new collective agreement, and (ii) a majority of the employees in the unit voted to enter into the new collective agreement.

(6) The Board may, on the application of any person, employer or trade union, resolve any dispute or decide any question arising under subsection (4) or (5) and make any order it considers appropriate in the circumstances.

(7) An application under subsection (6) must be made before (

a) the end of the period referr ed to in subsection (2)(d), with respect to a dispute or question arising under subsection (4), or (

b) the end of the period referred to in subsection (2)(e)(

i) or (ii) immediately following when the new collective agreement is entered into, with respect to a dispute or question arising under subsection (5). RSA 2000 cL-1 s37;2020 c28 s11(14) Prohibitions on certification 38(1) A trade union shall not be certified as a bargaining agent if its administration, management or policy is, in the opinion of the Board, (

a) dominated by an employer, or (

b) influenced by an employer so that the trade union’s fitness to represent employees for the purposes of collective bargaining is impaired.

(2) A trade union shall not be certified as a bargaining agent if, in the opinion of the Board, picketing of the place of employment of the employees affected, or elsewhere, directly resulted in (

a) employees becoming me mbers of the trade union, (

b) employees applying for memb ership in the trade union, or (

c) employees indicating in writing their selection of the trade union to be the bargaining agent on their behalf. 1988 cL-1.2 s36

RSA 2000

Section 39

Chapter L-1 LABOUR RELATIONS CODE 51 Certification 39 When the Board is satisfied with respect to the matters referred to in

section 34(1) and satisfied, after considering any other relevant matter, that the trade union should be certified, the Board shall grant a certificate to the applicant trade union naming the employer and describing the unit in respect of which the trade union is certified as the bargaining agent. RSA 2000 cL-1 s39;2017 c9 s116;2025 c23 s5 Effect of certification 40(1) When a trade union becomes a certified bargaining agent, it (

a) has exclusive authority to bargain collectively on behalf of the employees in the unit for which it is certified and to bind them by a collective agreement, and (

b) immediately replaces any other bargaining agent for employees in the unit for which it is certified.

(2) When a trade union becomes a certified bargaining agent for employees in a unit, the certification of any trade union previously certified as the bargaining agent for any employees in the unit is revoked to the extent that the certification relates to those employees.

(3) When a trade union becomes a certified bargaining agent for employees in a unit and at the time of certification a collective agreement is in force respecting those employees, the trade union (

a) becomes a party to the coll ective agreement in place of the bargaining agent that was a party to the collective agreement in respect of the employees in the unit, and (

b) may, insofar as the collective agreement applies to the employees and notwithstanding anything contained in the collective agreement, terminate the agreement at any time by giving the employer at least 2 months’ notice in writing. (4) Subsection (3) does not apply to a trade union that becomes certified for a unit in respect of which it was already bound by a collective agreement negotiated as a result of voluntary collective bargaining. (5) Subsection (3)(

b) does not apply to a trade union that becomes certified for employees in a unit who are engaged in construction in respect of that unit.

(6) The Board may, on the application of a trade union that becomes a certified bargaining agent or on the application of an

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Section 41

Chapter L-1 LABOUR RELATIONS CODE 52 employer in respect of whose employees a trade union becomes a certified bargaining agent, decide any question arising under this

section and may, to the extent that the Board considers necessary for the trade union to function effectively as a bargaining agent, (

a) vary or amend a collective agreement referred to in subsection (3)(

a) with respect to the employees covered by the agreement, and (

b) determine and declare that the collective agreement as varied or amended is in force or remains in effect and binds the parties. RSA 2000 cL-1 s40;2020 c28 s11(15) Consolidation of certificates 41(1) One or more certified bargaining agents may apply to the Board for the consolidation of certificates of one or more bargaining agents into a consolidated certificate.

(2) When the Board, after any inquiry it considers necessary, is satisfied that the certificates of the bargaining agents should be consolidated, the Board shall issue a consolidated certificate (

a) naming the trade union or trade unions as the certified bargaining agent or agents, (

b) naming the employer in respect of which the trade union or trade unions are certified as bargaining agent or agents, and (

c) describing the unit in respect of which the trade union or trade unions are certified as bargaining agent or agents.

(3) When a consolidated certificate is issued, the Board may declare which collective agreements, if any, shall continue in force and which collective agreements, if any, shall terminate. 1988 cL-1.2 s39 Division 6 Voluntary Recognition Voluntary recognition 42 Subject to this Act, an employer has the right to bargain collectively with a voluntarily recognized trade union acting on behalf of the employer’s employees or a unit of them. 1988 cL-1.2 s40 Collective bargaining with voluntarily recognized trade union 43(1) An employer who is a party to or bound by a collective agreement entered into as a result of voluntary collective bargaining, if served with a notice to bargain collectively with a

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Section 44

Chapter L-1 LABOUR RELATIONS CODE 53 trade union in accordance with

section 59(2), may not refuse to bargain collectively in accordance with the notice unless, at least 6 months prior to the expiry date set out in the collective agreement, the employer served the trade union with notice of the employer’s intention to terminate the employer’s recognition of the trade union and to refuse to bargain collectively.

(2) If a trade union receives a notice under subsection (1), the trade union may apply to the Board to become certified for the unit to which the notice relates, notwithstanding

section 37(2)(

d) or (e). 1988 cL-1.2 s41 Extension of certificate 44 Where a trade union (

a) is the certified bargaining agent on behalf of a unit of employees, (

b) has bargained a collective agreement on behalf of any other employees of the same employer, and (

c) is served with a notice of intention to terminate recognition pursuant to

section 43 in respect of those other employees, the trade union may apply to the Board to vary the original certificate and, on receipt of the application, and after conducting any votes and inquiries that the Board considers necessary, the Board may vary or decline to vary the certificate in question. 1988 cL-1.2 s42 Division 7 Modification of Bargaining Rights Modification of certification of a bargaining agent 45 The Board may, on the application of any trade union or employer affected, modify the description of a bargaining unit contained in any certificate if it is satisfied that (

a) the former certificate no lo nger appropriately describes the circumstances of collective bargaining between the parties, (

b) the modification is not such as may call into question the union’s majority support within the bargaining unit, and (

c) it is otherwise appropriate to make the modification. 1988 cL-1.2 s43 Effect of sale of business 46(1) When a business or undertaking or part of it is sold, leased, transferred or merged with another business or undertaking or part

RSA 2000

Section 46

Chapter L-1 LABOUR RELATIONS CODE 54 of it, or otherwise disposed of so that the control, management or supervision of it passes to the purchaser, lessee, transferee or person acquiring it, that purchaser, lessee, transferee or person is, where there have been proceedings under this Act, bound by those proceedings and the proceedings shall continue as if no change had occurred, and (

a) if a trade union is certifie d, the certification remains in effect and applies to the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, and (

b) if a collective agreement is in force, the collective agreement binds the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it as if the collective agreement had been signed by that person.

(2) Where a question arises under this section, the Board, on the application of any employer, trade union or person affected, may determine what rights, privileges and duties have been acquired or retained and the Board may, for that purpose, make any inquiries and direct the taking of any votes that it considers necessary and decide any questions arising under this section, and (

a) the Board may determine an d declare which trade union is or which trade unions shall be the bargaining agent or agents for a unit or units of employees of the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, (

b) if a trade union or trade union s are certified with respect to the business or undertaking or part of it, or with respect to the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, the Board may amend or revoke any certificate and determine and declare that one or more certificates or certificates as amended are in effect or remain in effect and apply to the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, (

c) if one or more collective agreements are in force with respect to the business or undertaking or part of it, or with respect to the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, the Board may cancel any of those agreements or amend any of those agreements with respect to the employees covered by the agreements and determine and declare that one or more collective agreements or collective agreements as amended are in effect or remain in effect and bind the purchaser,

RSA 2000

Section 47

Chapter L-1 LABOUR RELATIONS CODE 55 lessee, transferee or person acquiring the business or undertaking or part of it, and (

d) if there are proceedings unde r this Act before the date of sale, lease, transfer or other disposition of the business or undertaking or part of it, the Board may determine and declare whether those proceedings are binding on or the extent to which those proceedings are binding on the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it. 1988 cL-1.2 s44 Spin-offs 47(1) On the application of an employer or a trade union affected, when, in the opinion of the Board, associated or related activities or businesses, undertakings or other activities are carried on under common control or direction by or through more than one corporation, partnership, person or association of persons, the Board may declare the corporations, partnerships, persons or associations of persons to be one employer for the purposes of this Act.

(2) If, in an application under subsection (1), the Board considers that activities or businesses, undertakings or other activities are carried on by or through more than one corporation, partnership, person or association of persons in order to avoid a collective bargaining relationship, the Board shall make a declaration under subsection (1) with respect to those corporations, partnerships, persons or associations and the Board may grant any relief, by way of declaration or otherwise, that it considers appropriate, effective as of the date on which the application was made or any subsequent date.

(3) This

section does not apply with respect to employers engaged in the construction industry in respect of work in that industry. 1988 cL-1.2 s45 Governing bodies 48(1) In this section, “governing body” means (

a) a city, town, village or summer village, (

b) a municipal district, (

c) a board of trustees of a school division, (

d) repealed 2025 c10 s32, (

e) a regional health authority.

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Chapter L-1 LABOUR RELATIONS CODE 56

(2) When a governing body is incorporated or established and replaces or takes the place in whole or in part of another or other governing bodies or when one or more governing bodies are in whole or in part formed into, incorporated into or annexed to another governing body or governing bodies, the Board may on the application of any governing body or trade union affected (

a) declare which governing body is bound by proceedings under this Act, (

b) determine whether the employees concerned constitute one or more appropriate units for collective bargaining, (

c) declare which trade union is or which trade unions are, if any, to be the bargaining agent or agents on behalf of the employees, (

d) amend, to the extent the Board considers necessary, any certificate issued to any trade union or any bargaining unit defined in any collective agreement, and (

e) declare which collective agreem ent, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate, and before disposing of the application under this subsection, the Board may make any inquiries, require the production of any evidence and the doing of any things or conduct any votes that it considers appropriate.

RSA 2000 cL-1 s48;2003 c6 s3;2012 cE-0.3 s274;2025 c10 s32 Successor trade union 49(1) When a trade union claims that, by reason of a merger or amalgamation or a transfer of jurisdiction of a trade union, it is the successor of a trade union that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent for a unit of employees of an employer, the Board in any proceedings before it or on the application of any person or trade union concerned may declare that the successor trade union has acquired the rights, privileges and duties under this Act of its predecessor.

(2) Before issuing a declaration under subsection (1), the Board may make any inquiries, require the production of any evidence or conduct any votes that it considers appropriate.

(3) When the Board makes a declaration under subsection (1), the successor trade union is deemed to have acquired the rights,

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Section 50

Chapter L-1 LABOUR RELATIONS CODE 57 privileges and duties of its predecessor, whether under a collective agreement or otherwise. 1988 cL-1.2 s47 Division 8 Revocation of Bargaining Rights Definition 50 In this Division, “bargaining rights” means those rights held by a trade union with respect to a unit of employees of an employer, (

a) arising out of a certification granted by the Board, or (

b) arising as a result of the employer’s having voluntarily entered into a collective agreement with the trade union, and any subsisting obligation to bargain with the trade union arising as a result of any notice to bargain given pursuant to this Act or the collective agreement, unless the employer has given notice of the employer’s intention to terminate recognition pursuant to

section 43(1), and only insofar as the dispute arising out of any notice to bargain continues. 1988 cL-1.2 s48 Application for revocation of bargaining rights 51(1) An application to revoke bargaining rights may be made by the trade union, the employees within the unit, or the employer or former employer to whom the bargaining rights relate.

(2) If an application for revocation of bargaining rights is made by the employees within the unit, the application shall be supported by evidence, in a form satisfactory to the Board, that at least 40% of the employees within the unit have indicated in writing their support for the revocation of the bargaining rights of the trade union. 1988 cL-1.2 s49 Timeliness of application for revocation 52(1) No application for revocation of bargaining rights may be made without the Board’s consent while a lawful strike or lawful lockout is in effect.

(2) An application for revocation of bargaining rights may be made by the trade union at any time when there is no collective agreement in effect.

(3) An application for revocation of bargaining rights may be made by the employees in the unit

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Chapter L-1 LABOUR RELATIONS CODE 58 (

a) if no collective agreement is in force in respect of any of the employees in the unit, at any time after the expiration of 10 months from the date of the certification of the trade union, and at any time if the trade union is not certified, (

b) if the certification of a barg aining agent in respect of any of the employees in the unit is questioned or reviewed by the Court, at any time after the expiration of 10 months from the date of the final disposition of the question or review, unless the Court quashes the decision of the Board to certify the bargaining agent, (

c) if a collective agreement for a term of 2 years or less is in force in respect of any of the employees in the unit, at any time in the 2 months immediately preceding the end of the term of the collective agreement, or (

d) if a collective agreement for a term of more than 2 years is in force in respect of any of the employees in the unit, at any time (

i) in the 11th or 12th month of the 2nd or any subsequent year of the term, or (ii) in the 2 months immediately preceding the end of the term.

(4) Notwithstanding subsection (3), no application may be made under clause (d)(

i) of that subsection unless the application is made at least 10 months prior to the end of the term of the collective agreement.

(4.01) Notwithstanding subsection (3), no application for revocation shall be made in respect of a collective agreement referred to in subsection (3)(

c) if (

a) the employer and the bargai ning agent for the employees in the unit enter into a new collective agreement at any time prior to the 2 months immediately preceding the end of the term of the collective agreement referred to in subsection (3)(c), and (

b) the Board is satisfied that (

i) the employees in the unit were informed by the bargaining agent that no applications for revocation shall be permitted if the employees vote to enter into the new collective agreement, and

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Chapter L-1 LABOUR RELATIONS CODE 59 (ii) a majority of the employees in the unit voted to enter into the new collective agreement.

(4.02) Notwithstanding subsection (3), no application for revocation shall be made in respect of a collective agreement referred to in subsection (3)(

d) if (

a) the employer and the bargai ning agent for the employees in the unit enter into a new collective agreement at any time prior to (

i) the 11th or 12th month of the 2nd or any subsequent year of the term of the collective agreement referred to in subsection (3)(d), or (ii) the 2 months immediatel y preceding the end of the term of the collective agreement referred to in subsection (3)(d), and (

b) the Board is satisfied that (

i) the employees in the unit were informed by the bargaining agent that no applications for revocation shall be permitted if the employees vote to enter into the new collective agreement, and (ii) a majority of the employees in the unit voted to enter into the new collective agreement.

(4.03) The Board may, on the application of any person, employer or trade union, resolve any dispute or decide any question arising under subsection (4.01) or (4.02) and make any order it considers appropriate in the circumstances.

(4.04) An application under subsection (4.03) must be made before (

a) the end of the period referred to in subsection (3)(c), with respect to a dispute or question arising under subsection (4.01), or (

b) the end of the period referred to in subsection (3)(d)(

i) or (ii) immediately following when the new collective agreement is entered into, with respect to a dispute or question arising under subsection (4.02). (4.1),

(4.2) Repealed 2017 c9 s117.

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(5) An application for revocation of bargaining rights may be made by an employer or former employer only if the employer or former employer and the bargaining agent have not bargained collectively for a period of 3 years (

a) after the date of certificatio n, if no collective agreement has been entered into affecting the employer or former employer and the bargaining agent, or (

b) after the first date fixed for the termination of the collective agreement, if a collective agreement has been entered into affecting the employer or former employer and the trade union. RSA 2000 cL-1 s52;2008 c9 s5;2017 c9 s117; 2020 c28 s11(16) Inquiry into revocation application 53(1) Before granting an application for revocation, the Board shall satisfy itself, after any investigation that it considers necessary, that (

a) the application is timely, (

b) in the case of an application by an employer or by the employees in the unit, the employees have voted, at a representation vote conducted by the Board, in favour of the revocation of bargaining rights of the trade union as their bargaining agent, (

c) in the case of an application by a former employer (

i) the bargaining agent has abandoned its bargaining rights, or (ii) there have been no employees in the unit represented by the trade union for a period of at least 3 years.

(2) Before conducting a representation vote on an application for revocation brought by employees, the Board shall satisfy itself, on the basis of the evidence submitted in support of the application and the Board’s investigation in respect of that evidence, that at the time of the application for revocation at least 40% of the employees within the unit indicated in writing their support for the application for revocation.

(3) Subject to subsections (4) and (5), the Board shall conduct any representation vote and complete its inquiries into and consideration of the application for revocation of bargaining rights as soon as possible.

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Chapter L-1 LABOUR RELATIONS CODE 61

(4) The Board shall make its final decision whether to grant the application for revocation no later than 6 months after the date of the application.

(5) Notwithstanding subsection (4), the Chair may, in exceptional circumstances, approve an extension of the time referred to in subsection (4). RSA 2000 cL-1 s53;2017 c9 s118;2020 c28 s11(17) 53.1 Repealed 2017 c9 s119. Revocation of bargaining rights 54(1) When the Board is satisfied with respect to the matters referred to in

section 53(2) and satisfied, after considering any other relevant matter, that the bargaining rights of the trade union should be revoked, the Board shall grant a declaration that the trade union’s bargaining rights are revoked, and revoke any certification.

(2) When the bargaining rights of a trade union are revoked, (

a) the employer is not required to bargain collectively with the trade union, (

b) any collective agreement in effect at the time of the revocation becomes void and of no effect with respect to that employer and that employer’s employees in the unit represented by that trade union, and (

c) the trade union shall not negotiate or enter into a collective agreement or apply for certification for the same or substantially the same unit with the employer to whom the bargaining rights relate for a period of 6 months from the date of the revocation of the bargaining rights. RSA 2000 cL-1 s54;2017 c9 s120 Revocation without application 55(1) Notwithstanding sections 51 to 54(1), the Board may at any time give notice of its intention to revoke the bargaining rights of a trade union to the trade union and the employer or employers’ organization affected by the proposed revocation.

(2) If the Board receives an objection to the proposed revocation of bargaining rights within 60 days after giving the notification referred to in subsection (1), it shall not revoke the bargaining rights pursuant to the notice.

(3) The Board may make rules governing the form of notice to be given under this section, including, in cases where the Board has

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Chapter L-1 LABOUR RELATIONS CODE 62 reason to believe that the trade union, employer or employers’ organization is no longer in existence, rules dispensing with notice. 1988 cL-1.2 s53 Division 9 General Provisions on Certification and Voluntary Recognition Continuation of collective agreement not a bar to certain applications 56 When notice to commence collective bargaining has been served by either party to a collective agreement and by operation of law or by agreement of the parties the agreement continues beyond the date fixed for the termination of the agreement, the continuation is not a bar to an application for (

a) certification as a bargaining agent, (

b) revocation of the certifi cation of a bargaining agent, (

c) a declaration that a bargaining agent is no longer entitled to bargain collectively, or (

d) cancellation of a re gistration certificate. 1988 cL-1.2 s54 Overriding provision concerning application 57(1) Notwithstanding anything in this Act, if an application for (

a) certification as a bargaining agent, (

b) revocation of the certifi cation of a bargaining agent, (

c) a declaration that a bargaining agent is no longer entitled to bargain collectively, (

d) registration of an employers’ organization, or (

e) cancellation of the registratio n certificate of an employers’ organization, has been refused by the Board or withdrawn by the applicant or remains before the Board but without being actively pursued by the applicant, the applicant shall not, without the consent of the Board, make the same or substantially the same application until after the expiration of 90 days from the date of the refusal or withdrawal.

(2) Notwithstanding anything in this Act, if

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Chapter L-1 LABOUR RELATIONS CODE 63 (

a) an application for certifi cation as a bargaining agent is refused by the Board or withdrawn by the applicant or remains before the Board but without being actively pursued by the applicant, (

b) a complaint is made with respect to the applicant, and (

c) the Board satisfies itself that the applicant failed to comply with the Act in respect of the complaint, the applicant shall not, without the consent of the Board, make the same or substantially the same application until after the expiration of 6 months from the date of the refusal or withdrawal.

(3) In this section, “complaint” means a complaint in respect of a prohibited practice relating to an application for certification, in respect of (

a) the period beginning when a trade union begins seeking to be certified as the bargaining agent for the employees in a unit and ending when the Board makes a decision in respect of the application for certification, and (

b) the employees in the unit for which the trade union is applying for certification. RSA 2000 cL-1 s57;2017 c9 s121;2020 c28 s11(18) Representation vote 58(1) A representation vote shall be decided on the basis of a majority of the ballots cast by employees in the bargaining unit.

(2) For the purposes of conducting any representation vote, the Board may deem a person to be an employee or not to be an employee on a given date where in the Board’s opinion it is appropriate to do so. 1988 cL-1.2 s56 Division 9.1 Post-secondary Academic Bargaining

Interpretation 58.1(1) In this Division, “board of a public post-secondary institution” means (

a) the board of governors of a university, (

b) the board of governors of a comprehensive community college, and

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Section 58.2

Chapter L-1 LABOUR RELATIONS CODE 64 (

c) the board of governors of a polytechnic institution.

(2) Definitions in

section 1 of the Post-secondary Learning Act of terms used in this Division apply to this Division.

(3) An agreement entered into under

section 87 or 96 of the Post-secondary Learning Act before the Bill to enact

An Act to Enhance Post-secondary Academic Bargaining receives Royal Assent is a collective agreement for the purposes of this Act.

(4) For the purposes of this Division, an employee referred to in sections 58.3(1)(b), 58.4(1)(

b) and 58.5(1)(

b) is an employee notwithstanding that the person (

a) performs managerial functions, or (

b) is a member of the me dical, dental, architectural, engineering or legal profession qualified to practise under the laws of Alberta and is employed in the person’s professional capacity. (

c) repealed 2020 c28 s11(19). 2017 c4 s1;2018 c19 s68;2020 c28 s11(19) Application 58.2 Divisions 5 to 9 and

section 156 do not apply (

a) with respect to the boar d of a public post-secondary institution while it is acting as the employer of the academic staff members of the public post-secondary institution or with respect to those academic staff members, (

b) with respect to the board of governors of a university while it is acting as the employer of the academically employed graduate students at the university or with respect to those graduate students, or (

c) with respect to the board of governors of a comprehensive academic and research university while it is acting as the employer of postdoctoral fellows of the comprehensive academic and research university or with respect to those postdoctoral fellows. 2017 c4 s1;2018 c19 s68;2022 c13 s2 Boards, academic staff and bargaining agents 58.3(1) For the purposes of this Act, (

a) the board of a public post-secondary institution is an employer while it is acting as the employer of its academic staff,

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Chapter L-1 LABOUR RELATIONS CODE 65 (

b) the academic staff members of a public post-secondary institution are employees of the board of the public post-secondary institution, and (

c) the academic staff association of a public post-secondary institution is the bargaining agent for the academic staff of the public post-secondary institution and has exclusive authority to bargain collectively on behalf of the academic staff and to bind them by a collective agreement.

(2) The academic staff association of a public post-secondary institution is deemed to be a trade union for the purposes of acting as bargaining agent for the public post-secondary institution’s academic staff members. 2017 c4 s1;2022 c13 s2 Boards, graduate students and bargaining agents 58.4(1) For the purposes of this Act, (

a) the board of governors of a university i

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cL-1
Type	statute
Volume / chapter	RSA 2000 cL-1
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2b6eddcc1772810a2d2f65ffb58a0578ace60a09

Source file is stored in the law ingest library (pdf).