Bill 102 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 102 the Public Service Amendment Act, 1972 Honourable Dr. Hohol (Legislature 17, Session 1)

L17 S1 5083

Alberta — Bills

1972 Bill 102 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 102 The Public Service Amendment Act, 1972 HONOURABLE DR. HOHOL First Reading .............................. . Second Reading ............................. . trhird Reading .............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 102 1972 THE PUBLIC SERVICE AMENDMENT ACT, 1972 (Assented to , 1972) HER MAJ~ST.Y, by and with the advi1ce and consent of the LegIslatIve Assembly of Alberta, enacts as follows: 1. The Public Service Act is hereby amended.

Section 2 is ame,nded by striking out clause (

a) and by substituting the following clause: (a) "agreement" means (

i) an agreement in writing between the Govern ment and the Association containing provisions with respect to salaries, wages, fringe benefits or other terms or conditions of employment, or (ii) an agreement referred to in

section 39;

Section 20 is amended by renumbering it as subsection (1) and by adding the, following subsection:

(2) Any employee who without due authorization dis closes or makes known any matter or thing which comes to his knowledge by reason of his employment in the public service of Alberta, is guilty of an offence and liable on sum mary conviction to a fine of not more than $500.

Section 28, subsection (2) is amended by adding at the end thereo fthe words "for the purposes of this

section and sections 29 to 42".

Section 32 is amended by striking out the words "a mediation board" and by substituting the words "an arbi tration board".

Section 33 is amended (

a) as to subsection (1) by striking out the words "a mediation board" wherever they occur and by sub stituting in each case the. words "an arbitration board",

Explanatory Notes I. This Bill will amend

chapter 298 of the Revised Statutes of 1970.

Section 2, clause (

a) presently reads: 2. In this Act, (a) "agreement" means a contract between .the Lieutenant Governor in Council and the Associati'On containing pDQ-visions with respect to salaries, wages, fringe benefits 'Or 'Other terms or conditi'Ons of employment of employees;

Section 20 presently reads: 20. Every new employee shall take and subscribe an 'OGLth in the fol- 10wing form: I, ............................................... , d'O swear that 1 will execute according to law and to the best of my ability the duties re quired of me as an employee in the pubHc service 'Of Alberta and that I will not, without due authorization, disclose or make known any matter or thing which comes to my knowledge by reason 'Of my employ ment in the public service.

Section 28, subsection (2) presently reads:

(2) Where the members of a negotiating c'Ommittee cannot agree as to whether a specific proposal is negotiable the' decision of the Minister thereon is final. s. The amendment to this

section and in sections 33, 34, 35 and 36 change references from "mediation board" to "arbitration board", The changes are necessary due to the implementation of binding arbitration to replace the existing mediation procedure. 6. References to "mediation board" are changed to "arbitration board".

Section 33, subsection (7), presently :r;eads:

(7) The Minister may provide .a mediation board with a secretary and such clericall assistance as to the Minlister appears necessary fDr the efficient carrying out of the duties of the mediation b'Oard.

(

b) as to subsection (3) by striking out the words "the mediation board" and by substituting the words "the arbitration board", (

c) as to subsection (4) by striking out the words "a mediation board" and by sUbstituting the words "an arbitration board", (

d) as to subsection (5) (

i) by st,riking out the words "a mediation board" where they occur in the portion of the sub

section preceding clause (

a) and by substitut ing the words "an arbitration board", (ii) in clauses (

d) and (

e) by st.riking out the words "the mediation board" and by sUbstituting the words "the arbitration board", (

e) as to subsection (6) (

i) by striking out the words "a mediation board" and by subst.ituting th~ words "an arbitration board", (ii) in clause (

b) by striking out the words "the mediation board" and by sUbstituting the words "the arbitration board", (

f) by striking out subsection (7), (

g) as to subsection (8) by striking out the words "a mediation board" and by substituting the words "an arbitration board". 7. Sect.ion 34, subsections (1) and (2) are amended by striking out the words "a mediation board" and by sub stituting the words "an arbitration board". 2

Section 35 is amended (

a) as to subsection (1) by striking out the words "A mediation board" and by substituting the words "An arbitration board", (

b) as to subsection (2) (

i) by striking out the words "a mediation board" and by substituting the words "an arbitration board", (ii) by striking out th~ words "the mediation board" and by substituting the words "the arbitration hoard", (

c) as to subsection (3) by striking out the words "A mediation board" and by sUbstituting the words "An arbitration board", (

d) as to subsection (4) by striking out the words "a mediation board" and by substituting the words "an arbitration board",

7. References to "mediation board" are changed to "arbitration board". 8. References to "mediation board" are changed to "arbitration board". 2

(

e) as to subsection (6) (

i) by st.riking out the words "a mediation board" and by substituting the words "an arbitration board", (ii) by striking out the words "the mediation board" and by substituting the. word.') "the arbitration board". 9. The following se,ction is added after

section 35: 35.1 In the conduct of proceedings before it and in mak ing recommendations in respect of any matter referred to it the arbitration board shall consider (

a) the interests of the public; (

b) the conditions of employment in similar occupatio113 outside the public service of Alberta including such geographic, industrial or other variations as the arbitration board considers relevant; (

c) the need to maintain appropriate relationships in the conditions of employment as between different classification levels within an occupation and as between occupations in the public service of Alberta; (

d) the need to establish terms and conditions of em ployment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the ser vices rendered; (

e) any -other factor that to it appears to be relevant to the matter in dispute. 1 O~

Section 36 is amended (

a) as to subsection (1) by striking out the words "the mediation board" and by sUbstituting the word8 "the arbitration board", (

b) as to subsections (2), (3) and (4) by striking out the words "a ~mediation board" and by substituting the words "'an arbitration board:', (

c) as to subsection (5) by striking out the words "the mediation board" and by substituting the words "the arbitration board". 11. Se,ctions 37, 38, 39, 40 and 41 are struck out and the following sections substituted: 37.

(1) Upon receipt of the recommendations of the arbitration board pursuant to

section 36, the Executive Council and the Association shall forthwith prepare an agreement giving effect to

9. Guidelines for arbitration board. 10. References to "mediation board" arecllanged to "arbitration board". II. Implementation of the recommendations of the arbitration board. 3

(

a) the recommendations of the negotiating committee which were accepted by both the Executive Council and the Association pursuant to s'ection 30, and (

b) the recommendations of the arbitration board.

(2) If either the Executive Councilor the Association neglects or refuses to participate in the preparation of an agreement in accordance with subsection (1), the other party may prepare the agreement and shall submit the agre ement to the aTbitration board.

(3) Where the arbitration board receives the agreement pursuant to subsection (2) and is satisfied that it gives effect to its recommendations, the arbitration board shall certify the agreem'ent as accurate. 38.

(1) Where any question or disagreement arises as, to the ,meaning of or application 'of or with regard to anything related to the recommendations of the arbitration board or the preparation of the agreement, the Executive Council or the Association may request the ,chair,man of the arbi tration board to consider or reoonsided the ,matter and make recommenda tions.

(2) The chairman shall, upon receipt of a request to do so, reconvene the arbitration board and the arbitration board as soon as practicable and shall make recommenda tions to the parties on the matter referred to it.

(3) A recommendation of the arbitration board under this

section shall be treated in the same way that the recom mendations under

section 36 are treated. 39.

(1) Upon completion of the agreement or upon cer tification by the arbitration board that the agreement is accurate, the Minister on behalf of the Government and the President on hehalf of the Association shall sign the agree ment.

(2) If, at the ,expiration of 10 days 'after the date upon which the ,completion of the agreement or of the certifica tion by the arbitration board occurred, (

a) neither party to the agreement has signed it, or (

b) one party to the agreement has signed it, the agreement thereupon becomes binding upon the parties as if they had both signed the agreement, and is effective from the day specified in the agreement. 40. Upon an agreement referred to in

section 39 coming into force 4 (

a) the Lieutenant Governor in Council shall forthwith make, amend or replace .the regulations, and

(

b) the Minister shall forthwith amend the official pay plan, to give effect to the agreement.

Section 43 is amended by striking out subsection (3) and by substituting the following:

(3) This Act, except sections 20, 24 and 26 to 42 and this section, does not apply to wage employees. 13. This Act conws into force on the day upon which it i'3 assented to. 5

Section 43, subsection (3) presently reads:

(3) This Act, except

section 24 and sections 26 to 43, does not apply to wage employees. Corrects a drafting error. .5 Title: 1972 (17th, 1st) Bill 102, The Public Service Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5083
Type	bill
Volume / chapter	L17 S1 5083
Language	en
Format	json
Source	PROVINCIAL
Identifier	437f4a8f43f97bca241a9e1ad16dacaab98bbe2b

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