1st Session, 15th Legislature, Alberta 12 Elizabeth II BILL 143 A Bill to amend The Alberta Labour Act RON. MR. REIERSON "Pr1nU4 by L. :s. WALL, Printer to the Queen's Most Excellent Majest7, Edmonton, Alberta, 1964

Explanatory 'Note I. This Bill amends The Alberta Labour Act, which is

chapter 167 of the Revised Statutes.

Section 3 gives a brief index to the Act. It is now out of date and is repealed.

Section 24, subsection (6) reads: "(6') NotWoithstanding any other provision af this Part, in any such orde,r the Board m~ provide that an employee working on a statutory holiday as defined in the order be paid at the rate provided for overtime .... This is replaced by the new subsection (la).

Section 29, subsection (4) provides for the suspension by the Minister and under certain circumstances of a licence held under The Licensing of Trades and Businesses Act. As the Minister of Labour does not administer the licensing Act, the incorrect refer-ence to him is removed. .

BILL No. 143 of 19'64

An Act to amend The Alberta Labour Act (Assented to , 1964) HER MAJESTY, by and with the advice and consent of . the Legislative Assembly of the Province of Alb~rta, enacts as follow's: 1. The Alberta Labour Act is hereby amended. 2. Seetion 3 is repealed.

Section 24 is amended (

a) by adding the following subsection after subsec­ tion (1): ( ~

a) After such inquiry as the Board considers adequate or without any inquiry, the Board may, with the approval of the Lieutenant Governor in Council, make an order (

a) fixing the basis for the computation of mini­ mum sums of money to be paid (

i) by any employer to his employees who do not work on the holidays, except Sundays, defined in The

Interpretation Act, 1958 or on any of such holidays, and (ii) by any employer to his employees who do work on such holidays, or (

b) providing that an employer may pay to an employee a sum of money, in lieu of a sum of money in respect of each such holiday, com­ puted on the basis of a per centum of the employee's ordinary wages at the time of the termination of the employee's employment or at the time the employee commences his annual vacation, whichever first occurs, and directing that no employer affected thereby shall pay an employee a lesser sum of money than required by the order. ('b) 'by striking out subsection (6).

Section 29, subsection (4), clause (b), subclause (ii) is amended by striking out the words "by the Minister".

5. Under

section 41 an employer is guilty of an offence if he does not pay any employee the wages due him within 10 days after the expiration of each period of employment. 6. Under

section 43 an employer is guilty of an offence if he does not pay an employee the money due him in lieu of vacation with pay. On the conviction the magistrate may order the money paid. Subsection (10) is amended to make the wording conform with that of

section 41, subsection (7) peingenacted by clause 4 of this Bill.

Section 49, subsection (10) presently reads: "

(10) No. schedule, amendment to. a

schedule or declaratio.n that a schedule. is no. longer -in fDrce beco.mes effective until ten days after publicatiDn of t1;te Drder in C()Uncil in· The Alberta. Gazette. Under The Regulations Act, only the

schedule is published in the Gazette. The order in council authorizing it is not. 2

Section 55, subsection (1) clause (

g) presently reads: "55.

(1) In this Part, (g) "employers' DrganizatiDn" means an organizatio.n of employers fo.rmed fDr the purpo.se of regulating rela.tions between employers and employees;". 9. Self-explanatory.

Section 63, clause (

c) presently reads: "63. If the Board is satisfied (

c) that a majDrity of the employees in the unit have selected the the" applicant to be a bargaining agent on behalf of the emplDyees of .the unit (

i) by membership in good standing according to the constitution and by-laws Gf the applicant, or (ii) by the result of a vote conducted .Ol' supervised by the Board, '- the Board shall certify the applicant to ·beabargaining agent on behalf of the employees in the unit, but if the Board is not satisfied in'respect o.f any of the matters set Gut in clauses (

a) to (

c) the Board shall refuse to certlf.y the applicant.".

Section 41 is amended by adding the following sub­ sections:

(5) The magistrate before whom any employer is con­ victed under this

section shall in addition to imposing any other penalty authorized by this Act order the employer to pay to each employee affected an 'am'Ount equal t'O the wages .owing the employee.

(6) In default of compliance with the order made under subsection (5), the e,mployer is guilty of an 'Offence and liable on

summary conviction to imprisonment for a term of not less than ten and not more than ninety days.

(7) Notwithstanding

section 3 of The Seizures Act, to rec'Over any moneys payable pursuant to the provisions of an order made under subsection (5) the employee may dis­ train under The Seizures Act upon the goods and chattels of the employer.

Section 43, subsection (10) is amended by striking out the words "To recover any moneys" and by substituting the words "Notwithstanding

section 3 of The SeizU'res Act, to recover any moneys".

Section 49, subsection (10) is amended by striking out the words "publication of the 'Order in council" and by substituting the words "its publication".

Section 55, subsection (1) is amended (

a) by adding the following clause after clause (d): (d1) "Court" means the Supreme Gourt of Alberta; (

b) as to clause (

g) by striking out the words "formed for the purpose of regulating" and by substituting the words "having as one of its purposes the regulati'On 'Of".

Section 62 is amended by adding the following sub­ se'ction:

(3) Where, in the opinion of the Board, it is desirable to more clearly define the description of the unit of employees affected by an application for certification as a bargaining agent, the B'Oard may so amend the description of the unit of employees.

Section 63, clause (

c) is amended by striking out subclauses (

i) and (ii) and by substituting the following: 2 (

i) by membership in good standing according to the constitution and by-laws of the applicant or by having applied for membership and by having paid the initiation fee required by the constituti'On and by-laws of the applicant on or not longer than three months before the date the application for certification was made, or

II.

Section 69, clauses (

e) and (

g) presently read: "69. For the purpose of determining the meIits'of an awliJCati-on for certIfication as a bargaining agent or for the revocation of a ce,rtifi­ cation of a bargaining agent, the Board (

e) may, in determining tl}e employees W1ho are entiUe'd to vote, delete from any list of employees entitled to vote those em­ ployees who are absent from work on the day of the vote and who do not cast a vote by reason of illne.ss, authorized leave of aibsence, annual vacation, day of rest or who have been laid off or whose employment has terminated, (

g) may require the employer to place a suitable portion of his premise,s at the disposal of the Board for 1:Ihe purpose of taking a vote, an~, .............

Section 73 which provides a procedure for settling disputes between the parties to a collective agreement is amended to set out the procedures in greater detail. 3

(ii) by the result of a vote conducted or supervis1ed by the Board, of those who were employees, in the unit on the date the application was made or such other date as may be fi~ed by the Board,

Section 69 is amended (

a) as to clause (

e) by striking out the words "or who have been laid off or whose employment has terminated" and by substituting the words "lay off or termination of employm,ent", (

b) as to clause (

g) by adding after the word "prem­ ises" the words "or the premises where the em­ ployees are working" .

Section 73 is amended (

a) as to subsections (2) and (3) by adding at the end thereof the words "or to an application for the revocation of the certification of the bargaining agent", (

b) by renumbering subsection (7) as subsection (19) and renumbering subs1ections (8) and (9) as sub­ se,ctions (22) and (23), respectively, (

c) by striking out subsections (5) and (6) and by substituting the following:

(5) Every collective agreement entered into after this subsection comes into force shall contain a provision for final settlement by arbitration or such other method as may be agreed upon by the parties of all differences between the parties or persons bound by the collective agreement or on whose behalf it was entered into concerning its

interpretation, application, operation or any alleged violation thereof including any question as to whether the differences are arbitrabl'e without stoppage of work or refusal to perform work.

(6) Where a collective agreement, whether en­ tered into before or after this subsection comes into force, does not contain a provision as required in sulbsection (5) it shall be deemed to contain the following provisions: (

a) if any differences concerning the

interpretation, appli­ cation, operation, or any alleged violation of this agree­ ment arise or any question as to ,whether any differ­ ence is arbitrable arises between the parties or persons bound by the collective agreement or on whose behalf it was entered into, the representatives of the employer and of the union shall meet and endeavour to resolve the difference. (

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

i) after exhausting the procedure set out in the pre­ ceding paragraph, or 3

4 (ii) where either party fails to follow the procedure set out in the preceding paragraph to its con­ clusion, notify the other party in writing .of its desire to sub­ mit the difference to arbitration and the notice shall contain a statement of the difference and the name of the first party's appointee to an arbitration board. The recipient .of the notice shall within five days, exclusive of Saturdays and Sundays and other holi­ days, inform the 'Other party of the name of its appointee to the arbitration board.

The two appointees so selected shall within five days, exclusive of Satur­ days and Sundays and other holidays, of the appoint­ ment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbi­ trator within the time limited, the appointment shall be made by the Board of Industrial Relations upon the request of either party where the Board decides the dif­ ference is arbitrable. If the two appointees fail to agree upon a chairman within the time limited, the appoint­ ment shall be made by the Minister of Labour upon the request 'Of either party.

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

The arbitration board by its decision shall n'Ot alter, amend or change the terms of this collective agreement.

(7) Where the provision required or prescribed under this

section p,rovides for the appointment of a bDard of arbitration or other body, (

a) if either party to the colle,ctive agreement within five days, exclusive 'Of Saturdays and Sundays and other holidays, of the written notice from the other party of the appointment of his member or members fails or neglects to appoint a member or members, the Board may upon the request of the 'Other party, where the Board decides the difference is arbitrable, appoint a person or p,ersons it considers fit for such purpDse, and such person Dr persons is or are deemed to be appointed by that p'arty, (

b) if the appointed members within five days, ex­ clusive of Saturdays and Sundays and other holidays, from the date of the appointment of the last appointed member, fail to agree upDn a person to act as chairman, the Minister shall appoint a chairman upon the request of either p1arty, and (

c) if either member of the arbitration board, or

the chairman thereof, refuses to act, or is in­ capable of acting, or dies, a new member or chairman may be appointed in the same man­ ner as provided for the appointment of the member or chairman, except that with the consent of both parties the time within which any of the appointments shall be made may be extended for such time as is agreed to by the parties.

(8) Unless otherwise provided in a collective agreement, (

a) any person is eligible to be appointed to a position, other than as chairman, on an arbi­ tration board, but (

b) no person shall be appointed as an arbitrator who is directly affected by the matter before the arbitration board or who has been involved in an attempt to negotiate or settle such matter.

(9) Where a difference ha.s been submitted to arbitration under this

section and one of the parties to the arbitration comp,lains to the Board that the arhitrator or the arbitration board, as the case may be, has failed to render an award within a reasonable time, the Board may, after consulting the parties and the arbitrator or the arbitration board, issue whatever order it considers necessary in the circumstances to ensure that an award will be ~endered in the matter without further undue delay.

(10) The arbitrator or the chairman of the arbitra.tion board, as the case may be, has power (

a) to summon and enforce the attendance of witnesses and to compel them to give evidence in the same manner as a court of record in civil cases, and do all other things which dur­ ing the proceedings the arbitrator or arbitra­ tion board may require, (

b) to administer oaths and take affirmations of witnesses, (

c) to enter any premises where work is being done or has been done by the employees or in which the employer carries. on business or where anything is taking place or has taken place concerning any of the differences sub­ mitted to him or it, and inspect and view any work, material, machinery, appliance or

article therein, and interrogate any person under oath in the presence of the parties or their representatives respecting any such thing or any of such differences, 5

6 (

d) to authorize any person to do any thing that the arbitrator or arbitration board may do under clause (

c) and to report to the arbi­ trator or the arbitration board thereon, and (

e) to correct in any award any clerical mistake, error or omission.

(11) The award of an arbitrator or of an arbi­ tration board is binding (

a) upon the parties, (

b) in the case of a collective agreement between a bargaining agent and an employers' organ­ izatiO'n, upon the 'e,mployers covered by the agreement who are af:~ected by the awards, and (

c) upon the employees covered by the agreement who are affected by the award, and those parties,employers, bargaining agents, and employees shall do or abstain from doing any thing required of them by the award.

(12) An arbitration board by its award shall not alter, amend or change the terms of a collective agreement, and shall forthwith upon making the award, file a copy thereof with the Board.

(13) Where a party, employer, bargaining agent O'r e,mplO'yee has failed to' comply with any of the terms of the award of an arbitrator or arbitration board a party,employer, bargaining agent or em­ ployeeaff,ected by the award may apply to the Court at any time after the expiration of fourteen days from the date of service of the award of the arbitratO'r or arbitratiO'n board upon the parties affected by it or the date provided in the award for compliance, whichever is later, by way of a notice of motiO'n upon seven clear days' notice to' all parties affected by the award for either an O'rderconfirming the award and declaring that it be entered 'as a judgment of the Court or for an order setting the award aside.

(14) Where it app'ears upon an application be­ ing made for an order confirming the award that the application is unopposed the judge hearing the application shall confirm the award and declare that it be entered as a judgment of the Gourt.

(15) Where an application for an order con­ firming the award is opposed, or where an appH­ cation is made to' have the award set aside, the judge may set the award aside where (

a) an arbitrator has misconducted himself or the proceedings, or the a~bitration or award has been improperly procured, or

(

b) the judge is of the opInIOn that a question was not arbitrable, but the arbitrator, arbi­ tration board, or Board, decided the question was arbitrable and an award was made deter­ mining such question, or (

c) an arbitration board has made an error in law appearing on the face of the award regardless of whether the question of law was submitted to be determined by the avbitrator or arbi­ tra tion board.

(16) Where an award is ,confirnled and entered as a judgment of the Court it is enforceable as such.

(17) Where: (

a) an arbitrator has misconducted himself or the proceedings, the Court may remove him; (

b) an arbitrator has misconducted himself or the proceedings, or an arbitration or award has been improperly procured, the Court may set the a ward aside ; (

c) an arbitrator or an arbitration board or the Board has decided that a question is arbitrable and an award was made by an arbitrator or aI"lbitration board determining such question, the Court may set the award aside if in the opinion of the Court the question was not ar­ bitrable; (

d) a.n- arbitrator .or arbitration board or the Board has decided that a question is not ar­ bitrable, the Court may if in its opinion the question was arbitrable order the question to be tried by an arbitrator or arbitration board; (

e) an arbitrator or arbitration board so desires and where SQ directed by the Court he or it shall state (

i) any question of law arising in the course of the arbitration, or (ii) an a ward or any part of an award, in the form of a special case for the decision of the Court.

(18) The Arbitration Act does not apply to arbi­ trations under collective agreements. (

d) by adding the following subsections after the re­ numbered subsection (19):

(20) A collective agreement between an em­ ployers' organization and a bargaining agent is, subj ect to and for the purposes of this Act, binding upon each person who was a member of the em­ ployers' organization at the time the collective agreement was entered into and on whose behalf the employers' organization bargained cQllectively 7

13. A new provision is added to give the Board power to settle problems that arise when different groups of employers are brought together by reason of the sale or merger of the companies for which they work. 14. Prohibition against penalties for lawfully engaging in employment. S

with the bargaining agent as if it were made be­ tween each of such pers'Ons and the bargaining ag,ent, and if any such person ceases to be a member of the employers' organization during the term of operati'On 'Of the collectiv,e agreement, he shall, f'Or the remainder 'Of the ter,m of operation of the collective agreement, be deemed to be a party to a like collective agreement with the bargaining agent. (2:1) When an employers' 'Organization c'Om­ mences to bargain collectively with a bargaining agent, it shall deliver to the bargaining agent a list of the names of the employers on whose behalf it is bargaining collectively and, in default of so doing, it shall be deemed to bargain collectively f'Or all members 'Of the employers' organization for whose employees the bargaining agent is entitled to bargain collectively and to make a collective agree­ ment at that time, except an empl'Oyer who, either by himself or through the employers' organization, has notified the bargaining agent in writing be­ fore the expiration 'Of fourteen days from the date of service of the notice of a meeting to be held f'Or the purpose of collective bargaining that he will not be bound by a collective agreement between the employers' organization and the bargaining agent. 13.

Secti'On 74 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) Where a business 'Or part thereof is sold, leased or transferred or is merged with another business and the employees affected by a certification of a bargaining agent or by a collective agreement are intermingled with other empl'Oyees, the Board may, upon the application of any person or trade union affected and after such inquiry as the Board considers adequate (

a) determine whether the employees c'Oncerned con­ stitute one or more appropriate units for collective bargaining, (

b) declare which trade union or trade unions, if any, shall be the bargaining agent or agents on behalf of the employees in such unit or units, (

c) amend, to such extent as the Board considers nec­ ess,ary any certificate issued to any trade union 'Or any bargaining unit defined in any collective agree­ ment, and (

d) declare which collective agreement, if any, shall continue in force and t'O what extent it shall con­ tinue in force and which collective agreement, if any, shall terminate.

Section 80 is amended by adding the following subsections: 8

15. A procedure is provided for holding a vote when two or more employers are jointly bargaining with a trade union.

(8) No trade union or employees' organization and no officer or representative of a trade union or employees' organization shall impose a pecuniary or other penalty on any person (

a) for ,engaging in employment in accordance with the terms of a collective agreement between his employer and the trade union or employees' or­ ganization, .. or (

b) for engaging in employment with an employer who is not a party to a collective agreement with the trade union or employees' organization, when the trade union or employees' organization fails to make employment available to the person with an employer who is a party to a collective agreement with the trade union or employees' organization.

(9) Clause (

b) of subsection (8) does not apply where a legal strike is in ·effect.

(10) A trade union or employees' organization or an officer or representative ofa trade union or employees' organization who contravenes subsection (8) is guilty of an offence and the magistrate in addition to any other penalty authorized by this Act, shan order the officers or representatives of the trade union or employees' organiza­ tion to refund to the m'ember or person the amount of any pecuniary penalty levied against such member or person or to remove any other penalty imposed.

(11) In default of com'pliance with the order made under subsection (10) an officer or representative of the trade union or employees' organization is guilty of an offence and liable on

summary conviction to imprisonment for a term of not less than ten days and not more than ninety days.

Section 93 is amended by adding the following sub­ sections:

(14) Where a conciliation board makes an award re­ specting disputes between two or more employers and a bargaining agent, the bargaining agent and any two or more of those employers may agree (

a) that the employees of those employers affected by the award shall vote under subsection (8) as one unit, and (

b) that those employers may accept or reject the award by a majority vote of those employers voting at a vote by secret ballot supervised by the Board on the same date as the vote under clause (a), but if the employer refrains from being a party to the agree'ment his employees shall vote under subsection (8) as a separate unit.

(15) Where the award of the conciliation board has been accepted by the majority of the employees voting as a unit and the majority of the eml>loyers voting under subsection 9

Section 94, subsection (1) presently reads: "94.

(1) Where a. dispute exists (

a) no employer who is a pa.rty to the dispute shall cause a lock-out, (

b) no etnp>!oyees who are parties to the dispute shall go on strike, (

c) subject to subsection (7) of

section 73, none of the parties shan alter any of the conditions of employment eXICept tha.t the employer, with the consent of the bargaining agent, may give effect to a propo,sed change in wages or hours, and (d) ,the relationship orf emp~oyer and employee continues unint'er­ MlJpted by any matte,r 'Or thing arising out 'Of the dtspute, until fourteen days after the date fixed for the taking 'Of a. vote under subsection (8) 'Of secti'On 93,",.

(14), the award is binding on the parUes to the agreement under subsection (14) and the employees affected thereby and they shall give effect to it and include the terms of the award in a collective agreement. 10

Section 94 is amended (

a) as to subsection (1) by striking out the words "Where a dispute exists" and by substituting the words "Where notice of a meeting to be held for the purpose of collective bargaining has been served by either party pursuant to the provisions of sec­ tion 72 or pursuant to the terms of a collective agreement," , (

b) by striking out subsection (2) and by substituting the following: (2) Subsection (1) does not apply where (

a) an application under

section 82 is refused, or (

b) the Minister does not appoint a conciliation board under

section 86. (

c) by adding the following subsections:

(5) Where the majority of employees have voted in favour of a strike, no employee shall go on strike until the employer has been given written notice by the bargaining agent that the employees are going on strike and not less than two working days have elapsed from the time such notice was given.

(6) Notwithstanding subsection (1) , no em­ ployer shall cause a lock-out until the bargaining 'agent has been given written notice by the employer that the employees will be locked out and not less than two working days have elapsed from the time such notice was given.

(7) Where there has been compUance with sub­ section (14) of

section 93 and the disputes still exist, (

a) no employer who was a party to the agreement under clause (

b) of subsection (14) of sec­ tion 93 shall cause a lock-out until after a vote of such employers has been supervised by the Board and the majority of the employers have voted in favour of the lock-out, and

17. Authority is given to correct irregularities in the naming of a party to proceedings before the Board.

Section 105, subsection (1), clause (

b) and subsection (4) presently read: "105.

(1) Each trade union and each branch or local of a trade union shaJl me with the Ministe.r (b) .an annual list of the names and addresses of its pre'sident, s'ecretary, organizers and other officers as at tbe th~tY-first day of Decemiber ;in each year.

(4) The list mentioned in claJuse (

b) of subsection (1) s~ll be filed before the thirty-first day of January in each year.". 19. A new

section re posting notices is added. The present

section 117 is no longer operative and is repealed.

Section 123 reads: "123. No person, firm, corpora.tion or asso<:iatw.n (

a) shall OIPen, conduct or carry on any employment a.gency or office for fee or reward, or (

b) shaH collect or rooe1ve directly or indirectly any fee or com­ pensation for sending any pel'son seeking employment, o,r for persuading, enticing, inducing, procuring Or causing any such person to be sent, (

i) from any place within the Province to any place outside the Province, (ii) to any pla,ce within the Province fr·om any place outside the Province, or (iii) from one p'lace within the Province to another.". 21. Commencement of Act. 11

(

b) no employee in the unit of employees voting under clause (

a) of subsection (14) of

section 93 shall go on strike until a vote has been superviseqby the Board in the manner pro­ vided for in

section 69 and a majority of such employees entitled to vote have voted in favour of the strike.

Section 103 is amended by adding the following subsection before subs'ection (2): 103.

(1) Where in any proceedings before the Board under this Part the Board is satisfied that a bona fide mistake has been made with the result that the proper person or trade union has not been named or has been incorrectly named, the Board may direct the proper person or trade union be substituted or added as a party to the proceedings or be correctly named upon such terms as the Board deems just.

Section 105 is amended (

a) as to subsection (1) by striking out clause (

b) and by substituting the following: (

b) a list of the names and addresses of its presi­ dent, secretary, organizers and other officers, specifying those officer,s authorized to execute collective agreements in behalf of the trade union. (

b) as to subsection ( 4) by striking out the words "before the thirty-first day of January in each year" and by substituting the words "within thirty days of the date of appointment or election of such officers".

Section 117 is struck out and the following is sub­ stituted: 117. The Board or any insp'ector appointed pursuant to this Act may require any e'mployer to post and keep posted a copy of this Part or excerpts therefrom or any other material related thereto as is prescribed by the Board in a conspicuous place on his premises where it can readily be seen by his employees.

Section 123 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) Suhsection (1) does not apply to any person, firm, corporation or association providing a counselling and placement service for professional, scientific or executive personnel where no fee is charged directly or indirectly to the person seeking employment or to an employee. 21. This Act comes into force on the day upon which it is assented to. 11

No. 143 FIRST 5ES,SION FIFTEENTH LEGISLATURE 12 ELIZABETH II 1964 BILL An' Act to amend The Alberta Labour Act Received and read the First time .... Second time ~hird time ........................................ . HON. MR. REIERSON Title: 1964 (15th, 1st) Bill 143,

An Act to amend The Alberta Labour Act