Bill 22 — Third Session, 21St Legislature, 37 Elizabeth Ii the Legislative Assembly of Alberta Bill 22 Labour Relations Code (Legislature 21, Session 3)

L21 S3 2940

Alberta — Bills

1988 BILL 22 Third Session, 21st Legislature, 37 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 22 LABOUR RELATIONS CODE THE MINISTER OF LABOUR First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1988 (21st, 3rd) Bill 22, Labour Relations Code

Bill 22 BILL 22 1988 LABOUR RELATIONS CODE (Assented to , 1988) Table of Contents

Definitions 1 Delegation of Minister’s and Director’s responsibilities 2 Witnesses 3 Application of Act 4

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

Part 2 Labour Relations Division 1 Labour Relations Board Composition of Board 8 Sittings of the Board 9 Informal procedure 10 Powers of the Board 11 Inquiries, investigations and inspections 12 Evidence 13 Conduct of votes 14 Applications to the Board 15 Remedies 16 Board orders, etc. 17 Judicial review 18 Division 2 Employee and Employer Rights Rights of employees and employers 19 Discrimination, etc. 20 Right of dismissed employee 21 Division 3 Trade Unions Filing of constitution, etc., of trade union 22 Capacity of trade union 23 Suspension or expulsion from trade union 24 Deduction of union dues 25 Fees for temporary card 26 Employees to be union members 27 1

Division 4 Employers’ Organizations Capacity of employers’ organization 28 Division 5 Certification Applications for certification 29 Evidence in support of application for certification 30 Inquiry into certification application 31 Appropriate unit 32 Joint application by trade unions 33 Timeliness of application for certification 34 Prohibitions on certification 35 Certification 36 Effect of certification 37 Consolidation of certificates 38 Division 6 Voluntary Recognition Voluntary recognition 39 Collective bargaining with voluntarily recognized trade union 40 Extension of certificate 41 Division 7 Modification of Bargaining Rights Modification of certification of a bargaining agent 42 Effect of sale of business 43 Spin-offs 44 Governing bodies 45 Successor trade union 46 Division 8 Revocation of Bargaining Rights Definition 47 Application for revocation of bargaining rights 48 Timeliness of application for revocation 49 Inquiry into revocation application 50 Revocation of bargaining rights 51 Revocation without application 52 Division 9 General Provisions on Certification and Voluntary Recognition Continuation of collective agreement not a bar to certain applications 53 Overriding provision concerning application 54 Representation vote 55 Division 10 Collective Bargaining Notice to commence collective bargaining 56 Commencement of bargaining 57 Representatives for collective bargaining 58 Authorization of employers’ organization 59 Service during collective bargaining 60 2

Division 11 Mediation and Enhanced Mediation Informal mediation 61 Appointment of mediator 62 Collective agreement after recommendations 63 Questions on recommendations 64 Division 12 Votes on Proposals Vote on mediator’s recommendations 65 Vote on offer 66 Conduct of vote 67 Division 13 Strikes and Lockouts No strike unless permitted 68 No lockout unless permitted 69 Conditions under which strike permitted 70 Conditions under which lockout permitted 71 Application to Board to supervise strike or lockout vote 72 Supervision of strike or lockout vote 73 Expiry of vote and right to strike or lockout 74 Service of strike or lockout notice 75 Strike or lockout notice extended by agreement 76 Strike or lockout notice becomes ineffective 77 Settlement of strike affecting employers’ organization 78 Settlement of lockout called by employers’ organization 79 Agreement re sections 78 and 79 80 Division 14 Regulation of Strikes, Lockouts and Picketing Picketing 81 Refusal to work 82 Board powers over unlawful strikes, etc. 83 Board powers over unlawful lockout, etc. 84 Effect of directive 85 Employment continues 86 Reinstatement of employee 87 Jurisdiction of court 88 Injunctions 89 Division 15 Voluntary Interest Arbitration Agreement re voluntary arbitration board 90 Voluntary arbitration board 91 Powers of voluntary arbitration board 92 Division 16 Compulsory Interest Arbitration Application and prohibition against strike and lockout 93 Request for compulsory arbitration board 94 Establishment of compulsory arbitration board 95 Terms of reference 96 Methods of arbitration 97 Matters to be considered 98 Award 99 Incorporation of award 100 Reconvening of compulsory arbitration board 101 3

Division 17 Disputes Inquiry Boards Notice of establishment of disputes inquiry board 102 Recommendations of disputes inquiry board 103 Collective agreement after recommendations 104 Incorporation of award 105 Questions on recommendations 106 One disputes inquiry board per dispute 107 Referral of other disputes 108 Division 18 Emergencies Emergencies 109 Public emergency tribunal 110 Division 19 Measures During Illegal Strike or Illegal Lockout Suspension of dues check-off 111 Payment of union dues during illegal lockout 112 Direction by Lieutenant Governor in Council 113 Division 20 Disputes Resolution Tribunals Appointment of interest arbitration boards 114 Appointments by Minister 115 Appointments of members of other boards 116 Membership 117 Revocation of appointments 118 Meetings 119 Proceedings 120 Majority award 121 Powers of disputes resolution tribunals 122 Filing and service of award 123 Judicial review 124 Division 21 Effect of a Collective Agreement Effect of collective agreement 125 Term of collective agreements 126 Bridging of collective agreements 127 Signing of collective agreement 128 Filing collective agreement 129 Collective agreement declared void 130 Division 22 Collective Agreement Arbitration Definition 131 Requisites of collective agreement 132 Model clauses 133 Appointment of single arbitrator 134 Appointment of arbitration board 133 Ineligibility 136 Speeding up decision 137 Majority decision and award 138 Effect of award on collective agreement 139 Powers of arbitrator 140 Parties bound by award 141 Judicial review of award 142 Enforcement of award 143 4

Division 23 Prohibited Practices Alteration of terms of employment 144 Prohibited practices by employer, etc. 145,146 Rights of employer 147 Prohibited practices by trade union, etc. 148,149 Fair representation 150 Dispute-related misconduct 151 Insurance and pension rights 152 Division 24 Miscellaneous Health, welfare and pension trusts 153 Non-application of other Acts 154 Division 25 Offences and Penalties Specific offences 155 Penalties re prohibited lockouts 156 Penalties re prohibited strikes 157 General offence and penalty 158 Prosecutions 159

Part 3 Transitional, Consequential, Repeal and Commencement Transitional 160 Consequential 161 Repeal 162 Coming into force 163

PreambleWHEREAS it is recognized that a mutually effective relationship between employees and employers is critical to the capacity of Al bertans to prosper in the competitive world-wide market economy of which Alberta is a part; and

WHEREAS it is fitting that the worth and dignity of all Albertans be recognized by the Legislature of Alberta through legislation that en courages fair and equitable resolution of matters arising in respect of terms and conditions of employment; and

WHEREAS the employee-employer relationship is based on a com mon interest in the success of the employing organization, best rec ognized through open and honest communication between affected parties; and

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

WHEREAS it is recognized that legislation supportive of free collec tive bargaining is an appropriate mechanism through which terms and conditions of employment may be established; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 5

Definitions1 In this Act, (a) “bargain collectively” or “collective bargaining” means to ne gotiate 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 employers’ 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) “Chairman” means the Chairman of the Board; (f) “collective agreement” means an agreement in writing be tween an employer or an employers’ organization and a bargain ing agent containing terms or conditions of employment, and may include 1 or more documents containing 1 or more agree ments; (g) “Court” means the Court of Queen’s Bench; (h) “Director” means the person appointed under the Public Ser vice Act as the Director of Mediation Services; (i) “dispute” means a difference or apprehended difference aris ing in connection with the entering into, renewing or revising of a collective agreement; (j) “disputes resolution tribunal” means (

i) a voluntary arbitration board referred to in Division 15, (ii) a compulsory arbitration board referred to in Division 16, (iii) a disputes inquiry board referred to in Division 17, or (iv) a public emergency tribunal referred to in Division 18; (k) “employee” means a person employed to do work who is in receipt of or entitled to wages, but does not include (

i) a person other than a firefighter who, in the opinion of the Board, exercises 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, archi tectural, engineering or legal profession qualified to practise under the laws of Alberta and employed in his professional capacity, or (iii) a firefighter who is the chief or a deputy chief of the fire department in which he is employed; (l) “employer” means a person who customarily or actually em ploys an employee; 6

(m) “employers’ organization” means an organization of em ployers that acts on behalf of an employer or employers and has as one of its objects the regulation of relations between employers and employees; (n) “firefighters” means the employees, including officers and technicians, employed by a municipality and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services; (o) “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 employ ees, for the purpose of compelling his employees, or to aid another employer in compelling the employees of that employer, to accept terms or conditions of employment; (p) “lockout vote” means the polling of a single employer or a vote of employers under

section 73(2); (q) “mediator” means a person whose services are provided under

section 61 or who is appointed as a mediator under this Act; (r) “Minister” means the member of the Executive Council charged by the Lieutenant Governor in Council with the admin istration of this Act; (s) “officer” means a person designated under

section 8(5); (t) “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; (u) “strike vote” means a vote of employees under

section 73(1), (v) “trade union” means an organization of employees that has a written constitution, rules or by-laws and has as one of its objects the regulation of relations between employers and em ployees; (w) “unit” means any group of employees of an employer, (x) "vice-chairman” means a vice-chairman of the Board; 7

(y) “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.

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, he may authorize 1 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 14(3)(

b) or to consent to a prosecution under

section 159. Witnesses3(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 him under this Act.

(2) In this section, “court” means the Court of Queen’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. 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 Rela tions Act and to whom that Act applies; (

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 ser vice appointed pursuant to the Police Act, except to the extent that this Act is made applicable by the Police Officers Collective Bargaining Act; (

e) employees employed on a farm or ranch whose employment is directly related to (

i) the primary production of eggs, milk, grain, seeds, fruit, vegetables, honey, livestock, poultry or bees, or (ii) any other primary agricultural operation specified in the regulations under the Employment Standards Code or to their employer while he is acting in the capacity of their employer; 8

(

f) employees employed in domestic work in a private dwelling or to their employer while he is ordinarily resident in the dwelling and acting in the capacity of their employer.

PART 1 COMMUNICATION AND EDUCATION Powers of the Minister and dissemination of information 5(1) Subject to the other provisions of this Act, the Minister may, through communication and education, do those things he 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 he con siders will best promote fair and equitable labour relations.

(3) An employer shall make available to his employees at his 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 him to make available. 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 chairman, vice- chairman 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 the other provisions of 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. Round-table conference7 The Minister shall, from time to time, convene a conference con sisting of representatives of business, trade unions, the academic community and any other groups he considers advisable for the pur 9

pose of developing a general understanding of Alberta’s economic circumstances and those factors critical to continued economic growth.

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, one of whom shall be designated as Chairman, and others of whom may be des ignated as vice-chairmen.

(3) The members of the Board shall be appointed to hold office for terms not exceeding (a) 5 years in the case of the Chairman and vice-chairmen, and (b) 3 years in the case of other members, and may be reappointed for additional terms to commence on the expiry of their appointment.

(4) The members of the Board shall be paid expenses, allowances and remuneration for their services as determined by the Lieutenant Governor in Council.

(5) The Chairman may, in writing, designate officers of the Board for the purposes of this Act. Sittings of the Board 9(1) The members of the Board shall meet at the times and places specified by the Chairman or a vice-chairman, and may meet as the Board or as divisions of the Board.

(2) At the direction of the Chairman, a vice-chairman shall preside at a meeting of the Board or one of its divisions.

(3) A quorum of the Board or of a division of the Board is the Chairman or a vice-chairman presiding at the meeting and 2 other members.

(4) A decision of a majority of the members of the Board or a divi sion of the Board present and constituting a quorum is the decision of the Board, but if there is a tie vote, the Chairman or the vice- chairman presiding at the meeting may cast a 2nd vote.

(5) 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.

(6) If a member of the Board resigns or his appointment terminates, he may carry out and complete the duties or responsibilities and continue to exercise the powers that he would have had if he had not ceased to be a member in relation to a proceeding in which he par- 10

ticipated as a member of the Board, until the proceeding is com pleted.

(7) Notwithstanding subsection (3), the Chairman or a vice-chair man may sit alone to hear and decide a question under

section 11(3)(b), (d), (l), (m), (

n) or (

o) or

section 73(4).

(8) When the Chairman or a vice-chairman sits alone under subsec tion (7) or the Board meets as a division of the Board under subsec tion (1), the Chairman, vice-chairman or division, as the case may be, shall be deemed to be the Board for the purposes of this Act. Informal procedure 10(1) Notwithstanding

section 9, the Chairman 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 a panel consisting of 1 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. Powers of the Board 11(1) Notwithstanding anything in this Act, the powers and duties of the Board shall be performed and exercised 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, (

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

c) conduct any hearings that it considers necessary, (

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

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

f) make or issue any orders, decisions, notices, directives, dec larations or certificates it considers necessary, (

g) make rules of procedure for the conduct of its business, for the giving of notice, for the service of documents, for hearing and conducting inquiries and for any other matters it considers neces sary, 11

(

h) through its members, officers and other representatives un dertake 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 thereto, is, in the opinion of the Board, trivial, frivolous, vexa tious 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, (

e) an employer has given an employers’ organization authority to bargain collectively on his 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 bar gaining, (

m) a person has applied for membership or has terminated his 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) a strike has occurred or is lawful under this Act, or (

q) a lockout has occurred or is lawful under this Act, and the Board’s decision is final and binding.

(4) The Board has exclusive jurisdiction to exercise the powers con ferred 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 deci sion of the Board thereon is final and conclusive for all purposes, but the Board may, at any time, whether or not an application has com menced under

section 18(2), reconsider any decision, order, directive, declaration or ruling made by it and vary, revoke or affirm the deci sion, 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. 12

(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 him in good faith while acting in the course of his duties or employment under this or any other Act. Inquiries, investigations and inspections 12(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 em ployment 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 time, date and place specified in the notice; (

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

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 em ployment, and may require the statements to be made on oath or to be verified by statutory declaration; (

e) post or require any employer, 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 his duties, (

a) enter, inspect and examine at all reasonable times any prem ises or other place, other than a private dwelling, in which he 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, direc tive, declaration or notice of the Board or any written instruc tions of the Chairman, a vice-chairman or an officer have been complied with, and (

c) question an employee, without his employer’s being present, during the employee’s regular hours of work or otherwise.

(3) An employers’ organization, employer, trade union and em ployee, 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. Evidence13(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 13

written evidence on oath and to produce the documents and things the Board considers requisite to the full investigation and consider ation 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 in a manner that may be in con tempt 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 discre tion, considers proper, whether admissible in a court of law or not, and (

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 his selection of a trade union to be, or his opposition to the trade union’s being, the bargaining agent on his behalf. Conduct of votes14(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 his 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 (

i) subject to subsection (2), the manner of taking or casting votes, 14

(ii) the procedure to be followed before, during and after a vote, (iii) the fixing of the date, 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 re quired, conducted or supervised and vest in them whatever au thority 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 his prem ises 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 election eering 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 Chairman or a vice-chairman. Applications to the Board 15(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) When a difference exists concerning the application or operation of this Act, a party to the difference may refer the difference to the Board.

(3) When a complaint is made under subsection (1), a reference is made under subsection (2) 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 reason able time; (

b) refer the matter to a panel of 1 or more members of the Board pursuant to

section 10(1); (

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

d) where the matter in issue 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; 15

(

e) where the Board is of the opinion that the matter is without merit, or is frivolous, trivial or vexatious, reject the matter sum marily.

(4) The Board’s powers under subsection (3)(

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

(5) 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.

(6) 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) Subject to

section 16(2), when the Board makes a decision with respect to a complaint, reference or application, it may by order or directive give any remedy that is appropriate to the matter or neces sary to ensure compliance with and enforcement of this Act. Remedies16(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 re spect of which the complaint was made and, without restricting the generality of the foregoing, (

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 com plaint was made; (

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

i) to reinstate any employee suspended or discharged con trary 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 himself and his family, during the time he was so suspended or discharged; (iii) to reinstate or admit a person as a member of a trade union; (iv) to pay to a person compensation not exceeding a sum that, in the opinion of the Board, is equivalent to the pecu niary or other penalty imposed on a person contrary to this Act; (

v) in respect of a contravention of

section 145 or 146, to pay to an employee compensation not exceeding a sum that, in the opinion of the Board, is equivalent to the remuneration 16

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 57, (

i) may issue a directive directing the employer, employers’ organization, bargaining agent or authorized representative concerned to bargain in good faith and to make every reason able effort to enter into a collective agreement, and (ii) may prescribe the conditions under which collective bar gaining is to take place; (

d) may, subject to subsection (2) but notwithstanding any other provision of this Act, (

i) certify or refuse to certify a trade union as the bargaining agent for a unit of employees; (ii) revoke or refuse to revoke the certification of a bargaining agent; (iii) revoke or refuse to revoke the bargaining rights of a bar gaining agent voluntarily recognized. (2) Subsection (1)(

d) and

section 15(7) do not authorize the Board to certify a trade union or to revoke the certification of a trade union unless the majority of employees voting at a representation vote conducted by the Board vote in favour of the certification or revo cation of certification, as the case may be. Board orders, etc.17(1) An order that the Board makes may be issued on its behalf by the Chairman or a vice-chairman.

(2) An order purporting to be signed by the Chairman or a vice- chairman on behalf of the Board shall be received in any court as prima facie proof (

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 Chairman or vice-chairman.

(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 prima facie proof 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, employer or employ ers’ 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. 17

(6) If any directive or order made by the Board is not complied with, the Board may, on the request of an employer, employers’ organiza tion, 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 thereupon the directive is enforceable as a judgment or order of the Court.

(7) For the purpose of this

section “order” includes a decision, dec laration, directive, interim directive, order or certificate made by the Board. Judicial review18(1) Subject to subsection (2), no decision, order, directive, decla ration, ruling or proceeding of the Board shall be questioned or re viewed 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 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 originating notice 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 re spect thereof, 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 ma terials necessary for the disposition of those issues, and (

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

section 13(6). Division 2 Employee and Employer Rights Rights of employees and employers 19(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 with his employer through a bargain ing agent.

(2) An employer has the right (

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

b) to bargain collectively with his employees, and (

c) to conduct collective bargaining through an employers’ orga nization. 18

Discrimination, etc. 20 No employer or trade union or any person acting on their behalf shall discriminate against a person in regard to employment or mem bership in a trade union, or intimidate or coerce a person or impose a pecuniary or other penalty on a person, because he (

a) has testified or otherwise participated 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 he may be required to make in a proceeding authorized or permitted under a collective agreement or in a proceeding under this Act, or (

c) has made an application or filed a complaint under this Act. Right of dismissed employee 21 No person ceases to be an employee within the meaning of this Act by reason only of his dismissal contrary to this Act. Division 3 Trade Unions Filing of constitution, etc., of trade union 22(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, by-laws or other constitutional doc uments, and (

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

(2) The trade union shall send to the Board any changes to the in formation 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. Capacity of trade union 23(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 shall not be deemed to be unlawful by reason only that one or more of its objects or purposes are in restraint of trade. Suspension or expulsion from trade union 24 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 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 his defence, (

c) afforded a full and fair hearing, including the right to be rep resented by counsel, and 19

(

d) found guilty of the charge or charges, and if a monetary pen alty has been imposed, fails to pay it after having been given a reasonable time to do so. Deduction of union dues 25(1) An employee may, in writing, authorize his employer to de duct from wages due to him an amount payable by that employee to a trade union for (

a) union dues, and (

b) initiation fees not exceeding an amount equivalent to 1 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 therein, and (

b) continues in force for at least 3 months and thereafter 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 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.

(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. Fees for temporary card 26 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 dues or fees charged each month by the trade union for the temporary card, document or other permit shall not exceed an amount equiva lent to the dues or fees payable by a member of the trade union for the same period.

Employees to be union members 27(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’ or ganization whereby all the employees or any unit of employees of the employer or of 1 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 his religious conviction or religious belief (

a) objects to joining a trade union, or (

b) objects to the paying of dues or other assessments to a trade union, 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 20

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, dues or other assessments 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 institution 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. Division 4 Employers’ Organizations Capacity of employers’ organization 28 For the purposes of this Act, an employers’ organization is ca pable of (

a) prosecuting and being prosecuted, and (

b) suing and being sued. Division 5 Certification Applications for certification 29 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. Evidence in support of application for certification 30 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 certi fication was made, indicated in writing their selection of the trade union to be the bargaining agent on their behalf. Inquiry into certification application 31(1) Before granting an application for certification the Board shall satisfy itself, after such investigation as 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 thereto, is an appropriate unit for collective bargaining, 21

(

d) the employees in the unit the 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 bar gaining agent, and (

e) the application is not prohibited by

section 35.

(2) Before conducting a representation vote the Board shall satisfy itself, on the basis of the evidence submitted in support of the appli cation 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 30(

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

(3) The Board shall conduct any representation vote and shall com plete its inquiries into and consideration of an application for certi fication as soon as possible. Appropriate unit32(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 bar gaining, 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 who hold ranks lower than that of deputy chief shall be included in 1 bargaining unit. Joint application by trade unions 33(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 accord ance 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 1 trade union. Timeliness of application for certification 34(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 22(1), or (

b) while a lawful strike or lawful lockout is in effect. 22

(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 bar gaining agent, (

c) if the certification of a bargaining 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 (

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. Prohibitions on certification 35(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 members of the trade union, (

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

c) employees indicating in writing their selection of the trade union to be the bargaining agent on their behalf. Certification36 When the Board is satisfied with respect to the matters referred to in

section 31(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 23

describing the unit in respect of which the trade union is certified as bargaining agent. Effect of certification 37(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 employ ees 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 agree ment is in force respecting those employees, the trade union (

a) becomes a party to the collective 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 em ployees 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. Consolidation of certificates 38(1) One or more certified bargaining agents may apply to the Board for the consolidation of certificates of 1 or more bargaining agents into a consolidated certificate.

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

a) naming the trade union or trade unions as the certified bar gaining 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. 24

Division 6 Voluntary Recognition Voluntary recognition 39 Subject to the other provisions of this Act, an employer has the right to bargain collectively with a voluntarily recognized trade union acting on behalf of his employees or a unit of them. Collective bargaining with voluntarily recognized trade union 40(1) An employer who is a party to or bound by a collective agree ment entered into as a result of voluntary collective bargaining, if served with a notice to bargain collectively with a trade union in accordance with

section 56(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 his intention to terminate his recog nition 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 34(2)(

d) or (e). Extension of certificate 41 Where a trade union (

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

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 40 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 such votes and inquiries as the Board considers necessary, the Board may vary or decline to vary the certificate in question. Division 7 Modification of Bargaining Rights Modification of certification of a bargaining agent 42 The Board may, on the application of any trade union or em ployer affected, modify the description of a bargaining unit contained in any certificate if it is satisfied that (

a) the former certificate no longer 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. Effect of sale of business 43(1) When a business or undertaking or part of it is sold, leased, transferred or merged with another business or undertaking or part 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 proceed- 25

ings and the proceedings shall continue as if no change had occurred, and (

a) if a trade union is certified, the certification remains in effect and applies to the purchaser, lessee, transferee or person acquir ing 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 him.

(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 and declare which trade union or 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 unions 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 1 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 1 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 1 or more collective agreements or collective agreements as amended are in effect or remain in effect and bind the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, and (

d) if there are proceedings under 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 proceed ings are binding on the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it.

Spin-offs 44 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 com mon control or direction by or through more than 1 corporation, partnership, person or association of persons, the Board may declare the corporations, partnerships, persons or associations of persons to be 1 employer for the purposes of this Act. 26

Governing bodies45(1) In this section, “governing body” means (

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

b) a municipal district or county, (

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

d) a district board as defined in the Hospitals Act, or (

e) the owner or operator of a non-district hospital as defined in the Hospitals Act.

(2) When a governing body is incorporated or established and re places or takes the place in whole or in part of another or other governing bodies or when 1 or more governing bodies are in whole or in part formed into, incorporated into or annexed to another gov erning 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 1 or more appropriate units for collective bargaining, (

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

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

e) declare which collective agreement, 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 inquiry, require the production of any evidence and the doing of any things or conduct any votes that it considers appropriate.

Successor trade union 46(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, amalgam ation 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, privi leges 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 con duct any votes that it considers appropriate.

(3) When the Board makes a declaration under subsection (1), the successor trade union shall be deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise. 27

Division 8 Revocation of Bargaining Rights Definition47 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 en tered 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 his intention to terminate recognition pursuant to

section 40(1), and only insofar as the dispute arising out of any notice to bargain continues. Application for revocation of bargaining rights 48(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. Timeliness of application for revocation 49(1) No application for revocation of bargaining rights shall 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 (

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 bargaining agent in respect of any of the employees in the unit is questioned or reviewed by the Court of Appeal, 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 bar gaining 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 28

(

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 shall 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.

(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 certification, 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 affect ing the employer or former employer and the trade union. Inquiry into revocation application 50(1) Before granting an application for revocation the Board shall satisfy itself, after such investigation as it considers necessary, that (

a) the application is timely, (

b) in the case of an application by an employer or by the em ployees in the unit, the employees have voted, at a representation vote conducted by the Board, in favour of the revocation of bar gaining 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 40% of the employees within the unit indicated in writing their support for the application for revocation.

(3) The Board shall conduct any representation vote and shall com plete its inquiries into and consideration of an application for revo cation of bargaining rights as soon as possible. Revocation of bargaining rights 51(1) When the Board is satisfied with respect to the matters referred to in

section 50(1) and satisfied, after considering any other relevant matter, that the bargaining rights of the trade union should be re- 29

voked, 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 revoca tion becomes void and of no effect with respect to that employer and his 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. Revocation without application 52(1) Notwithstanding sections 48 to 51(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’ or ganization affected by the proposed revocation.

(2) If the Board receives an objection to the proposed revocation of bargaining rights within 60 days of 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 reason to believe that the trade union, employer or employers’ or ganization is no longer in existence, rules dispensing with notice.

Division 9 General Provisions on Certification and Voluntary Recognition Continuation of collective agreement not a bar to certain applications 53 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 certification of a bargaining agent, or (

c) a declaration that a bargaining agent is no longer entitled to bargain collectively. Overriding provision concerning application 54 Notwithstanding anything in this Act, if an application for (

a) certification as a bargaining agent, (

b) revocation of the certification of a bargaining agent, or 30

(

c) a declaration that a bargaining agent is no longer entitled to bargain collectively, has been refused by the Board or withdrawn 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 withdrawal or refusal. Representation vote 55(1) A representation vote shall be decided on the basis of a ma jority 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. Division 10 Collective Bargaining Notice to commence collective bargaining 56(1) When a certified bargaining agent, an employer or an employ ers’ organization wishes to commence collective bargaining, (

a) the certified bargaining agent may serve on the employer or employers’ organization, or (

b) the employer or employers’ organization may serve on the certified bargaining agent, a notice to commence collective bargaining.

(2) Subject to

section 40(1), when a collective agreement is in effect, either party to the collective agreement may, not less than 60 days and not more than 120 days preceding the expiry of the term of the collective agreement or within any longer period that may be pro vided for in the collective agreement, by notice in writing, require the other party to the collective agreement to commence collective bargaining. Commencement of bargaining 57(1) When a notice to commence collective bargaining has been served under this Division, the bargaining agent and the employer or employers’ organization, not more than 30 days after notice is served, shall (

a) meet and commence, or cause authorized representatives to meet and commence, to bargain collectively in good faith, and (

b) make every reasonable effort to enter into a collective agree ment.

(2) The bargaining agent and the employer or employers’ organiza tion shall exchange bargaining proposals within 15 days of the first time they meet for the purpose of collective bargaining or within any longer time agreed on by the parties.

(3) No employer, employers’ organization or bargaining agent and no authorized representative acting on behalf of any of them, after having served or having been served with a notice to commence collective bargaining pursuant to this Division, shall refuse or fail to comply with subsections (1) and (2). 31

Representatives for collective bargaining 58(1) A notice to commence collective bargaining must contain or be accompanied by a statement showing the name and address of the person or persons resident in Alberta who are authorized to do all of the following on behalf of the employer, employers’ organization or bargaining agent: (

a) bargain collectively; (

b) conclude a collective agreement; (

c) sign a collective agreement.

(2) When an employer, employers’ organization or bargaining agent is served with a notice to commence collective bargaining, it shall forthwith serve on the other party to the collective bargaining a state ment showing the name and address of the person or persons resident in Alberta who are authorized to do the things referred to in subsec tion (1) on behalf of the employer, employers’ organization or bar gaining agent.

(3) In addition to the statements referred to in subsections (1) and (2), the parties to the collective bargaining shall exchange the names and addresses of the persons who comprise the bargaining commit tees appointed to bargain on behalf of the parties.

(4) The bargaining committee appointed to bargain on behalf of a party must include at least 1 representative from the employers or trade union locals, as the case may be, on whose behalf the negotia tions are being conducted.

(5) Any changes with respect to the persons referred to in subsections (1) to (3) shall forthwith be given to the other party to the collective bargaining.

(6) On the written request of the other party to the collective bar gaining, the employer, employers’ organization or bargaining agent shall advise the other party whether the authority to bargain of the person or group of persons referred to in subsections (1) to (3) is subject to ratification and, if so, by whom.

(7) If a party to the collective bargaining has advised the other party of a ratification procedure pursuant to subsection (6), the procedure shall not be changed unless the other party is notified in writing of the change.

(8) All notifications required by this

section shall, on request, be provided to the Director or a mediator. Authorization of employers’ organization 59(1) When an employers’ organization serves notice to commence collective bargaining, the notice must contain or be accompanied by (

a) a current list of the names and addresses of the employers on whose behalf the employers’ organization is authorized to bargain collectively, and (

b) a copy of each authorization given by the employers.

(2) When an employers’ organization is served with a notice to com mence collective bargaining, it shall, within 10 days after the day on 32

which it receives the notice, serve on the bargaining agent the lists and authorizations referred to in subsection (1).

(3) An employers’ organization shall file a copy of the lists and au thorizations served under subsection (1) or (2) with the Director forthwith after it serves or is served with a notice to commence collective bargaining.

(4) On service of the lists and authorizations in accordance with subsection (1) or (2), as the case may be, the employers’ organization shall be deemed to be bargaining collectively for all the employers who are named in the list and who gave their authorization.

(5) An employer may be added to the list of employers on whose behalf the employers’ organization is deemed to be bargaining col lectively if (

a) the bargaining agent and the employers’ organization agree to add the employer to the list, and (

b) an authorization of the employer is served forthwith on the bargaining agent and on the Director.

(6) An authorization under this

section may be given by a director or other official of the employer and thereupon that authorization shall be deemed to be the authorization of the employer.

(7) When an employer has authorized an employers’ organization to bargain collectively on his behalf, the authorization may not be re voked until (

a) a collective agreement has been entered into between the em ployers’ organization and the bargaining agent, or (

b) a lawful strike or lawful lockout commences in accordance with this Act, whichever first occurs. Service during collective bargaining 60(1) Subject to the other provisions of this Act and any rules made by the Board under

section 11(2)(g), anything that is required or permitted to be served under this Division or Divisions 11 to 13 shall be deemed to be properly served if it is served, (

a) in the case of service on an individual, (

i) personally or by leaving it for him at his last or most usual place of abode with some person who appears to be at least 18 years old, or (ii) by sending it to him by registered or certified mail at his last known postal address; (

b) in the case of service on a corporation, (

i) personally on a director, manager or officer of the corpo ration or by leaving it for him at his address with some per son who appears to be at least 18 years old, or (ii) by leaving it at or by sending it by registered or certified mail to the registered office of a corporation or to the office of the attorney of an extra-provincial corporation; 33

(

c) in the case of service on a trade union or employers’ organi zation, (

i) personally on the president, secretary or an officer of the trade union or employers’ organization or by leaving it at his address with some person who appears to be at least 18 years old, or (ii) by sending it by registered or certified mail to the address of the president, secretary or an officer of the trade union or employers’ organization; (

d) in the case of service on an employer, employers’ organiza tion or trade union that is represented by a bargaining committee, (

i) personally on the chairman or any member of the bar gaining committee or by leaving it at his address with a per son who appears to be at least 18 years old, or (ii) by sending it by registered or certified mail to the address of the chairman or any member of the bargaining committee.

(2) Service on the chairman or a member of the bargaining commit tee of an employer or employers’ organization is also good service on the employers represented by that bargaining committee.

(3) Service on the chairman or a member of the bargaining commit tee of a trade union is also good service on the trade union and on the employees represented by that trade union.

(4) If it is necessary to prove service of anything under this section, (

a) if service is effected personally, the date on which it is served is the date of service, (

b) if service is effected by registered mail or certified mail, ser vice of it shall be deemed to have occurred 7 days after the date of mailing, and (

c) if service is effected by leaving it with a person, service of it shall be deemed to have been made on the date it was so left. Division 11 Mediation and Enhanced Mediation Informal mediation 61 Any time after a notice to commence collective bargaining is served, either or both parties to the collective bargaining may request the Director to provide the services of a mediator to informally assist in the negotiation process. Appointment of mediator62(1) Any time after a notice to commence collective bargaining is served under

section 56, whether or not a mediator has been made available under

section 61, (

a) either or both parties to a dispute may request the Director to appoint a mediator, or (

b) the Minister may require the Director to appoint a mediator, to assist the parties in resolving the dispute. 34

(2) The Director (

a) may appoint a mediator if he receives a request under sub section (1)(a), and (

b) shall appoint a mediator if he receives a request under sub section (1)(b).

(3) The mediator shall, in any manner that he considers fit, inquire into the dispute and endeavour to effect a settlement.

(4) During his inquiry the mediator shall (

a) hear any representations made to him by the parties to the dispute, (

b) mediate between the parties to the dispute, and (

c) encourage the parties to the dispute to effect a settlement.

(5) If no settlement is effected between the parties within 14 days of the later of (

a) the date of the appointment of the mediator under subsection (2), or (

b) if a vote is conducted on an offer under

section 66, the date on which the parties are notified of the results of the vote or within any longer period agreed on by the parties to the dispute or fixed by the Director, the mediator shall (

c) recommend terms for settlement to the parties for them to accept or reject within a time fixed by the mediator, or (

d) notify the parties that he does not intend to make a recom mendation under clause (c).

(6) There shall be a cooling-off period of 14 days from the latest of (

a) the date on which the mediator notifies the parties that he does not intend to recommend terms of settlement, (

b) the date fixed by the mediator for acceptance or rejection of the recommendations of the mediator under subsection (5)(c), and (

c) if a vote is requested under

section 63, the date on which the parties are notified of the results of the vote. Collective agreement after recommenda tions 63(1) If the parties to a dispute accept the recommendations of the mediator under

section 62(5)(c), the parties shall notify the mediator accordingly and the recommendations are binding on the parties and shall be included in the terms of a collective agreement.

(2) If a party rejects the recommendations of the mediator under

section 62(5)(c), the party shall notify the mediator accordingly.

(3) If one party to the dispute accepts the recommendations of the mediator under

section 62(5)(

c) within the time fixed by the mediator under

section 62(5)(c), the party may request the Board to conduct a vote on the acceptance or rejection of the recommendations by the other party in accordance with Division 12. 35

(4) A party to a dispute that accepts the recommendations made by the mediator pursuant to

section 62(5)(

c) ceases to be bound by the acceptance (

a) if a vote of the other party is requested, at the time a vote rejecting the proposal is announced under

section 67, or (

b) if no vote is requested, at the expiry of the time fixed for the other party’s acceptance under

section 62(5)(

c) unless the other party also accepts the terms of settlement. Questions on recommenda tions 64 If a question arises requiring clarification of the recommenda tions of a mediator, the mediator, at the request of one or both parties, may consider and decide the question. Division 12 Votes on Proposals Vole on mediator’s recommenda tions 65(1) When the Board receives a request from a party to conduct a vote on a mediator’s recommendations under

section 63(3), it shall conduct a vote or poll in accordance with this Division.

(2) If the mediator has been requested to consider and decide a ques tion under

section 64, the Board may delay the conduct of the vote or poll under

section 63(3) until the mediator decides the question. Vole on offer66(1) At any time after the exchange of proposals under

section 57, either party to the collective bargaining may apply to the Board to conduct a vote as to the acceptance or rejection of its most recent offer presented to the other party.

(2) If a party applies to the Board under subsection (1), the Board shall, if it is satisfied that the offer, if accepted, could form a collective agreement, conduct a vote or poll in accordance with this Division.

(3) Each party is entitled to apply for a vote or poll under this

section only once during each dispute. Conduct of vote67(1) On receipt of a request under

section 63(3) or 66(1) the Board shall (

a) in the case where the party with respect to which the vote is to be conducted is a bargaining agent, conduct a vote of the employees affected by the dispute who are represented by the bargaining agent, (

b) in the case where the party with respect to which the vote is to be conducted is an employers’ organization, conduct a vote of the employers affected by the dispute who are represented by the employers’ organization, and (

c) in the case where the party with respect to which the vote is to be conducted is an employer, poll the employer on the acceptance or rejection of the recommendations of the media tor or the offer, as the case may be. 36

(2) When the Board polls an employer or conducts a vote under subsection (1), it shall do so as soon as practicable and shall notify the parties to the dispute and the mediator, if any, of the results of the vote or poll on its conclusion.

(3) If an employer who is polled or a majority of those employees or employers who vote under this

section and the other party to the dispute are in favour of accepting the recommendations of the me diator or the offer, as the case may be, the recommendations or offer is binding on the parties and shall be included in the terms of a collective agreement.

(4) Notwithstanding subsection (3), if the ratification procedure re ferred to in

section 58(6) for an employers’ organization requires ratification by the employers on a weighted vote system, a vote for acceptance or rejection of the recommendations of the mediator or the offer, as the case may be, by the employers shall be determined on the basis of that weighted vote system. Division 13 Strikes and Lockouts No strike unless permitted 68 No employees, no bargaining agent and no person acting on their behalf shall strike or cause a strike or threaten to strike or cause a strike unless that strike is permitted by this Act.

No lockout unless permitted 69 No employer, no employers’ organization and no person acting on their behalf shall lock out or cause a lockout or threaten to lock out or to cause a lockout unless that lockout is permitted by this Act. Conditions under which strike permitted 70 An employee, bargaining agent or person acting on behalf of a bargaining agent is entitled to strike or cause a strike if (

a) no collective agreement is in force, other than as a result of

section 127, (

b) a strike vote was held under this Division (

i) that remains current, (ii) for which the results have been filed with the Board, and (iii) that resulted in a majority in favour of a strike, (

c) strike notice is given in accordance with this Division, (

d) the strike commences on the day and at the time and location specified in the strike notice or, if an amendment to the strike notice is agreed to and is permitted under this Division, on the day and at the time and location specified in the amended strike notice, and (

e) in a case where a disputes inquiry board is established before the commencement of the strike, the time limits referred to in

section 102(3) have expired. 37

Conditions under which lockout permitted 71 An employer or employers’ organization is entitled to cause a lockout if (

a) no collective agreement is in force, other than as a result of

section 127, (

b) a lockout vote was held under this Division (

i) that remains current, (ii) for which the results have been filed with the Board, and (iii) that resulted in a majority in favour of a lockout, (

c) lockout notice is given in accordance with this Division, (

d) the lockout commences on the day and at the time and lo cation specified in the lockout notice or, if an amendment to the lockout notice is agreed to and is permitted under this Division, on the day and at the time and location specified in the amended lockout notice, and (

e) in a case where a disputes inquiry board is established before the commencement of the lockout, the time limits referred to in

section 102(3) have expired. Application to Board to supervise strike or lockout vote 72(1) A bargaining agent that is a party to a dispute may apply to the Board to supervise a strike vote, and an employer or employers’ organization that is a party to a dispute may apply to the Board to supervise a lockout vote.

(2) No strike or lockout vote shall be supervised while a collective agreement is in force unless that agreement is in force pursuant to

section 127.

(3) No strike or lockout vote shall be supervised until a mediator has been appointed under

section 62 and the cooling-off period re ferred to in subsection (6) of that

section has expired. Supervision of strike or lockout vote 73(1) On receipt of an application under

section 72 to supervise a strike vote, the Board shall, (

a) if the bargaining agent is in dispute with a single employer, forthwith supervise a vote of the employees of the employer af fected by the dispute, or (

b) if the bargaining agent is in dispute with an employers’ or ganization, forthwith supervise a vote of the employees of the employers affected by the dispute on whether or not the employees wish to strike.

(2) On receipt of an application under

section 72 to supervise a lock out vote, the Board shall (

a) in the case of a single employer, forthwith poll the employer, and (

b) in the case of an employers’ organization, forthwith supervise a vote of those employers affected by the dispute on whether or not the employer or employers wish to lock out. 38

(3) The results of a strike vote or a lockout vote shall be determined on the basis of a majority of those persons who actually vote.

(4) If a question arises with respect to a strike vote or lockout vote, it shall be referred to the Board, whose decision is final and binding.

(5) In this section, (a) “employees of the employer affected by the dispute” means employees of the employer employed in the unit affected by the dispute at any time during the 60 days preceding the date, or the last date if there is more than 1, fixed for taking the strike vote; (b) “employees of the employers affected by the dispute” means employees of the employers employed in the units affected by the dispute at any time during the 60 days preceding the date, or the last date if there is more than 1, fixed for taking the strike vote; (c) “employers affected by the dispute” means employers af fected by the dispute who have employed any employees referred to in clause (

b) entitled to vote at a vote under subsection (1) at any time during the 60 days preceding the date, or the last date if there is more than 1, fixed for taking the lockout vote. Expiry of vote and right to strike or lockout 74(1) If no strike or lockout occurs within 120 days of the day on which the strike vote or lockout vote was conducted, the strike or lockout vote shall be deemed to be void and no person shall strike or lock out or cause a strike or lockout unless a new strike vote or lockout vote has been conducted in accordance with this Division.

(2) Notwithstanding subsection (1), no strike or lockout vote may be taken with respect to a dispute after the expiry of 2 years from the end of the cooling-off period referred to in

section 62(6).

(3) If a strike or lockout vote is prohibited under subsection (2), the dispute shall be deemed to no longer exist. Service of strike or lockout notice 75(1) A bargaining agent shall not cause a strike unless it (

a) personally serves a written strike notice on the employer or employers’ organization that is a party to the dispute giving at least 72 hours’ notice of the date, time and initial location at which the strike will commence, and (

b) forthwith after service of the notice referred to in clause (a), notifies the mediator appointed under

section 62, giving him no tice of the date, time and initial location at which the strike will commence.

(2) An employer or an employers’ organization shall not lock out or cause a lockout unless it (

a) personally serves a written lockout notice on the bargaining agent that is a party to the dispute giving at least 72 hours’ notice of the date, time and initial location at which the lockout will commence, and (

b) forthwith after service of the notice referred to in clause (a), notifies the mediator appointed under

section 62, giving him no- 39

tice of the date, time and initial location at which the lockout will commence. Strike or lockout notice extended by agreement 76(1) If the parties to a dispute agree in writing to do so, a strike notice or a lockout notice may be amended 1 or more times after it has been served by changing the date or time or both specified for the commencement of the strike or lockout.

(2) The mediator who was notified under

section 75 shall be forth with notified of any amendment to the strike notice or the lockout notice. Strike or lockout notice becomes ineffective 77 If a strike or lockout does not or is not permitted to occur (

a) on the date and at the time and location specified in the strike notice or lockout notice, or (

b) if the notice is amended, on the date and at the time and location specified in the amended notice, the notice becomes ineffective and another notice must be served in accordance with

section 75 before the party concerned strikes or locks out or causes a strike or lockout, as the case may be. Settlement of strike affecting employers’ organization 78(1) When a bargaining agent is entitled to cause a strike and wishes to do so in respect of an employers’ organization, it shall cause the strike in respect of all employers affected by the dispute on whose behalf the employers’ organization bargains collectively.

(2) When a strike commences affecting employers who authorized an employers’ organization to bargain collectively on their behalf, the bargaining agent may, at any time after the strike commences, make a settlement with any employer. Settlement of lockout called by employers’ organization 79(1) When an employers’ organization is entitled to cause a lockout and wishes to do so, all employers affected by the dispute on whose behalf the employers’ organization bargains collectively shall partic ipate in the lockout.

(2) When a lockout commences that affects employers who author ized an employers’ organization to bargain collectively on their be half, an employer may, at any time after the lockout commences, make a settlement with the bargaining agent. Agreement re sections 78 and 79 80(1) If a settlement of a dispute is effected contrary to

section 78 or 79, any agreement arising from that settlement is void and of no effect.

(2) A settlement under

section 78 or 79 remains in effect until the earlier of (

a) the revocation of the bargaining rights of a trade union, and (

b) either (

i) the expiry of the term specified in the settlement, or (ii) 1 year, if the term is unspecified. 40

Division 14 Regulation of Strikes, Lockouts and Picketing Picketing81(1) During a strike or lockout that is permitted under this Act, anyone with a direct interest in the dispute may, at the striking or locked-out employees’ place of employment and without acts that are otherwise unlawful, peacefully persuade or endeavour to per suade anyone not to (

a) enter the employer’s place of business, operation or employ ment, (

b) deal in or handle the products of the employer, or (

c) do business with the employer.

(2) For the purpose of subsection (1), members of other locals of the trade union that is on strike or locked out shall be deemed to have a direct interest in the dispute.

(3) Except as provided in subsection (1), no trade union or other person shall, in connection with any labour relations difference or dispute, persuade or endeavour to persuade anyone not to (

a) enter an employer’s place of business, operation or employ ment, (

b) deal in or handle the products of any person, or (

c) do business with any person. Refusal to work82 No employee shall (

a) refuse to perform work for his employer for the reason that other work was or will be performed or was not or will not be performed by any person or class of persons who were not or are not members of a trade union or a particular trade union, or (

b) refuse to take delivery of goods from a carrier or refuse to assist the carrier in the loading of goods for shipment except where the carrier and his employees are engaged in a lawful strike or lawful lockout. Board powers over unlawful strikes, etc. 83 Where the Board is satisfied that (

a) a trade union called or authorized or threatened to call or authorize an unlawful strike, (

b) an officer, official or agent of a trade union counselled, pro cured, supported or encouraged an unlawful strike or threatened an unlawful strike, (

c) employees engaged in or threatened to engage in an unlawful strike, (

d) any person has done or is threatening to do

an act and the person knows or ought to know that, as a probable and reason able consequence of that act, another person or persons will en gage in an unlawful strike, or 41

(

e) a trade union, employee or other person has contravened sec tion 81 or 82, the Board may, in addition to and without restricting any other pow ers under this Act, so declare and may direct what action, if any, a person, employee, employer, employers’ organization or trade union and its officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or threat of an unlawful strike or the contravention of

section 81 or 82. Board powers over unlawful lockout, etc. 84 Where the Board is satisfied that (

a) an employer or employers’ organization called or authorized or threatened to call or authorize an unlawful lockout, or (

b) an officer, official or agent of an employer or employers’ or ganization counselled, procured, supported or encouraged an un lawful lockout or threatened an unlawful lockout, the Board may, in addition to and without restricting any other pow ers under this Act, so declare and may direct what action, if any, a person, employee, employer, employers’ organization or trade union and its officers, officials or agents shall do or refrain from doing with respect to the unlawful lockout or threat of an unlawful lockout. Effect of directive85(1) A directive or interim directive to cease a strike or lockout that is not permitted under this Act, or any directive or interim directive under

section 83 or 84, is binding on the employer, em ployers’ organization, employee, trade union or other person to whom it is directed with respect to the strike or lockout referred to in the directive or interim directive and any future strike or lockout that occurs for the same or substantially the same reason.

(2) Notwithstanding

section 17(6), the Board may file a copy of a directive or interim directive referred to in subsection (1) with the Court and thereupon the directive is enforceable as a judgment or order of the Court.

(3) Service of a directive or interim directive under

section 83 or 84 in accordance with this Act or any rules or directives of the Board, in addition to being service of the directive or interim directive, shall be deemed to be service of the judgment or order of the Court under subsection (2) of this

section when that directive or interim directive is filed with the Court. Employment continues86 No person ceases to be an employee within the meaning of this Act by reason only of his ceasing to work as a result of a lawful lockout or a lawful strike. Reinstatement of employee87(1) When a strike or lockout ends (

a) as a result of a settlement, (

b) on the termination of bargaining rights of the bargaining agent, or (

c) on the expiration of 2 years from the date the strike or lockout commenced, any employee affected by the dispute whose employment relationship with the employer has not been otherwise lawfully terminated is 42

entitled, on request, to resume his employment with the employer in preference to any employee hired by the employer as a replacement employee for the employee making the request during the strike or lockout.

(2) The request of an employee under subsection (1) must be made in writing (

a) within 14 days of the date on which the employee learns that the strike or lockout has ended and in any case within 30 days of the date on which the strike or lockout ended, if the strike or lockout ends in the manner referred to in clause (

a) or (

b) of that subsection, or (

b) forthwith, if the strike or lockout ends in the manner referred to in clause (

c) of that subsection.

(3) Nothing in subsection (1) (

a) prevents the parties to a dispute from agreeing on a mecha nism for an orderly return to work within a reasonable period after a strike or lockout is over, or (

b) requires an employer to reinstate an employee where (

i) the employer no longer has persons engaged in performing work the same or similar to work that the employee per formed prior to his cessation of work, or (ii) there has been a suspension or discontinuance for cause of an employer’s operations or any part thereof, but, if the employer resumes those operations, the employer shall first reinstate those employees who have requested a resumption of employment.

(4) An employer shall, on the request of any employee returning to work at the end of a strike or lockout, where there is no collective agreement in place, reinstate the employee in his former employment on any terms that the employer and the employee may agree on, and the employer in offering terms of employment shall not discriminate against the employee because of his exercising or having exercised any rights under this Act. Jurisdiction of court 88 No court shall grant any injunction or other process that has the effect of restraining a strike or lockout or restraining or limiting pick eting in respect of a labour dispute to which this Act applies unless (

a) there is a reasonable likelihood of danger to persons or prop erty, or (

b) resort to the Board is impractical in the circumstances, in which case the court may issue an order, which shall remain effective until such time as the Board is able to determine the matter. Injunctions89(1) Notwithstanding anything in this Act, the Judicature any other Act, when there is a strike or lockout, no injunction be trial shall be granted ex parte to (

a) a party to the dispute, or 43

(

b) any other person or party, to restrain a party to the strike or lockout from doing any act in connection with the strike or lockout.

(2) Every affidavit intended to be used in support of an application for an interim injunction to restrain a person from doing any act in connection with a strike or lockout shall be confined to those facts that the deponent is able of his own knowledge to prove, and a copy of every such affidavit shall be served with the notice of motion.

(3) If members of a trade union are the defendants or intended de fendants, the notice of motion may be served on an officer of the trade union or a member of it who is engaged in the activity pro posed to be restrained or another person engaged in that activity.

(4) The notice of motion shall be served in sufficient time before the time fixed for the hearing, not being less than 4 hours in any event, to enable the person to attend at the hearing of the motion. Division 15 Voluntary Interest Arbitration Agreement re voluntary arbitration board 90(1) The parties to a dispute may agree in writing to refer the mat ters in dispute to a 1-member or 3-member voluntary arbitration board, whose decision will be binding.

(2) The parties shall notify the Minister of an agreement under sub section (1). Voluntary arbitration board 91 If the parties who have entered into an agreement under

section 90 do not appoint a 1-member or 3-member voluntary arbitration board, either party may notify the Minister, who shall serve notice on the parties to the dispute directing them to appoint a voluntary arbitration board in accordance with Division 20. Powers of voluntary arbitration board 92(1) If a voluntary arbitration board is unable to effect a settlement within 20 days after a statement of the dispute is sent to the member of a 1-member board or the chairman of a 3-member board or any longer period that may be agreed on between the parties or fixed by the Minister, the voluntary arbitration board shall make an award dealing with all matters in dispute.

(2) The award of a voluntary arbitration board is binding on the parties to the dispute and shall be included in the terms of a collec tive agreement. Division 16 Compulsory Interest Arbitration Application and prohibition against strike and lockout 93(1) This Division applies to the following: (

a) firefighters and municipalities to the extent that they bargain collectively with firefighters; (

b) employers who operate approved hospitals as defined in the Hospitals Act, and all the employees of those employers. 44

(2) No employees, trade union, employer or employers’ organization to which this Division applies shall strike, lock out, cause a strike or lockout or threaten to cause a strike or lockout.

(3) This Division applies notwithstanding any other provision of this Act. Request for compulsory arbitration board 94(1) If a dispute affecting an employment to which this Division applies cannot be resolved, either or both parties to the dispute or the Minister may make a request for the appointment of a 3-member compulsory arbitration board, or the parties may jointly make a re quest for the appointment of a 1-member compulsory arbitration board, to (

a) the mediator, if one has been appointed with respect to the dispute, or (

b) the Director, if no mediator has been appointed with respect to the dispute.

(2) When he receives a request under subsection (1)(b), the Director shall appoint a mediator and forward the request for the establish ment of a compulsory arbitration board to the mediator.

(3) The mediator shall endeavour to effect a settlement and shall, not later than 14 days after he receives a request under subsection (1) or (2), (

a) list the items in dispute and the items that have been settled by the parties, and (

b) forward the list and the request for the appointment of a compulsory arbitration board to the Minister. Establishment of compulsory arbitration board 95 When he receives a request for the appointment of a compulsory arbitration board, the Minister, (

a) if he considers it appropriate, may direct the parties to con tinue collective bargaining and may prescribe the conditions under which collective bargaining is to take place, or (

b) if he is satisfied that the dispute is appropriate to refer to a compulsory arbitration board, may direct the parties to the dis pute to appoint a 3-member or 1 -member compulsory arbitration board in accordance with Division 20. Terms of reference 96 When 3 persons are appointed to act as members of a 3-member compulsory arbitration board or 1 person is appointed to act as the member of a 1-member compulsory arbitration board, the Minister, by notice in writing to the chairman or member, as the case may be, shall forward a list of the items in dispute to be resolved by the compulsory arbitration board. Methods of arbitration 97(1) On receipt of the list under

section 96, if the compulsory ar bitration board is unable to effect a settlement, it shall consider the position of the parties on each item in dispute and determine what method or combination of methods of arbitration shall be imple mented to resolve any or all of the items in dispute. 45

(2) Without restricting the generality of subsection (1), the method or combination of methods of arbitration determined under that sub

section may include the method of arbitration known as “final offer selection”. Matters lo be considered 98 To ensure that wages and benefits are fair and reasonable to the employees and employer and are in the best interest of the public, the compulsory arbitration board (

a) shall consider, for the period with respect to which the award will apply, the following: (

i) wages and benefits in private and public, and unionized and non-unionized, employment; (ii) the continuity and stability of private and public employ ment, including (

A) employment levels and incidence of layoffs, (

B) incidence of employment at less than normal working hours, and (

C) opportunity for employment; (iii) the general economic conditions in Alberta, and (

b) may consider, for the period with respect to which the award will apply, the following: (

i) the terms and conditions of employment in similar occu pations outside the employer’s employment taking into ac count any geographic, industrial or other variations that the board considers relevant; (ii) the need to maintain appropriate relationships in terms and conditions of employment between different classifica tion levels within an occupation and between occupations in the employer’s employment; (iii) the need to establish terms and conditions of employ ment that are fair and reasonable in relation to the qualifica tions required, the work performed, the responsibility as sumed and the nature of the services rendered; (iv) any other factor that it considers relevant to the matter in dispute.

Award 99(1) As soon as possible after a dispute is referred to the compul sory arbitration board, and in any case within (a) 20 days of the date it is established, or (

b) any longer time that may be agreed on by the parties to the dispute or fixed by the Minister, the compulsory arbitration board shall make an award and in its award shall deal with each item in dispute. 46

(2) The award of a compulsory arbitration board is binding on the parties to the dispute and shall be included in the terms of a collec tive agreement. Incorporation of award 100(1) If either of the parties to the dispute neglects or refuses to participate in the preparation of a collective agreement in accordance with the award of the compulsory arbitration board, the other party may prepare a collective agreement giving effect to (

a) the award of the compulsory arbitration board, and (

b) any other matters that are agreed on by the parties, and shall submit the collective agreement to the compulsory arbitra tion board to certify that the collective agreement accurately incor porates the award of the compulsory arbitration board.

(2) When a compulsory arbitration board receives a collective agree ment under subsection (1) and it is satisfied that the collective agree ment gives effect to its award, the compulsory arbitration board shall certify the collective agreement as accurately incorporating its award, and the collective agreement is binding on the parties.

Reconvening of compulsory arbitration board 101(1) If a question arises concerning the award of a compulsory arbitration board within 30 days from the date on which the award was made, the Minister, at the request of one or both of the parties, may direct the member or chairman of the compulsory arbitration board to reconvene the compulsory arbitration board for the purpose of deciding the question.

(2) When the compulsory arbitration board makes its decision under subsection (1), it shall forward a copy of the decision to the Minister and the parties to the dispute, and the decision is binding on the parties and shall be included in the terms of a collective agreement. Division 17 Disputes Inquiry Boards Notice of establishment of disputes inquiry board 102(1) The Minister may appoint a disputes inquiry board in ac cordance with Division 20 with respect to a dispute.

(2) The Minister shall serve a notice in writing of the appointment of a disputes inquiry board on the employer or employers’ organi zation and the bargaining agent that are parties to the dispute.

(3) If the disputes inquiry board is established before the commence ment of a lawful strike or lawful lockout, no strike or lockout shall commence until (a) 10 days after the Minister serves a copy of the recommen dations of the disputes inquiry board on the parties, or (

b) if the Board conducts a vote under

section 104, until 72 hours after the Board notifies the parties of the results of that vote.

(4) The establishment of the disputes inquiry board after the com mencement of a lawful strike or lawful lockout does not affect the strike or lockout, or its continuation. 47

Recommenda tions of disputes inquiry board 103(1) If a disputes inquiry board is unable to effect a settlement of a dispute within (a) 20 days of the date on which it is established, or (

b) any longer time that may be agreed on by the parties to the dispute or fixed by the Minister, the disputes inquiry board shall make recommendations with respect to each matter in dispute and send them to the Minister, who shall forthwith notify each party to the dispute of the recommendations.

(2) A disputes inquiry board may report what, in its opinion, ought to be done by each of the parties to the dispute. Collective agreement after recommenda tions 104(1) If the parties to a dispute accept the recommendations of a disputes inquiry board, the recommendations are binding on the par ties and shall be included in the terms of a collective agreement.

(2) Unless a party to the dispute notifies the Minister of its accept ance of the recommendations of the disputes inquiry board within 10 days after being served with a copy of the recommendations or, if the disputes inquiry board has reconvened under

section 106, within 10 days after being served with a notification under that section, the Board shall, (

a) in the case where the party is a bargaining agent, conduct a vote on the acceptance or rejection of the recommendations by the employees affected by the dispute who are represented by the bargaining agent, (

b) in the case where the party is an employers’ organization, conduct a vote on the acceptance or rejection of the recommen dations by the employers affected by the dispute who are repre sented by the employers’ organization, and (

c) in the case where the party is an employer, poll the employer on his acceptance or rejection of the recommendations.

(3) When the Board conducts a vote or poll under subsection (2), it shall do so as soon as practicable and shall notify the parties to the dispute of the results of the vote or poll on its conclusion.

(4) If a majority of those employees or employers who vote under this

section and the other party to the dispute are in favour of the recommendations of the disputes inquiry board, the recommenda tions are binding on the parties and shall be included in the terms of a collective agreement.

(5) Notwithstanding subsection (4), if the ratification procedure re ferred to in

section 58(6) for an employers’ organization requires ratification by the employers on a weighted vote system, a vote for acceptance or rejection of the recommendations of the disputes in quiry board by the employers shall be determined on the basis of that weighted vote system. 48

Incorporation of award 105(1) If either party to the dispute neglects or refuses to participate in the preparation of a collective agreement in accordance with sec tion 104, the other party may prepare a collective agreement giving effect to (

a) the recommendations of the disputes inquiry board, and (

b) any other matters that are agreed on by the parties, and shall submit the collective agreement to the disputes inquiry board for certification that the collective agreement accurately incor porates its recommendations.

(2) When a disputes inquiry board receives a collective agreement under subsection (1) and is satisfied that it gives effect to its recom mendations, the disputes inquiry board shall certify the collective agreement as accurately incorporating the recommendations, and the collective agreement is binding on the parties. Questions on recommenda tions 106(1) If a question arises concerning the recommendations of a disputes inquiry board, the Minister, at the request of one or both of the parties, may request the member or chairman of the disputes inquiry board to reconvene the board to consider and decide the question.

(2) The disputes inquiry board shall notify the parties and the Min ister of its decision under subsection (1).

(3) A decision under subsection (1) shall be dealt with in the same manner as a recommendation under

section 103. One disputes inquiry board per dispute 107 Not more than 1 disputes inquiry board may be appointed prior to and not more than 1 disputes inquiry board may be ap pointed after a strike or lockout commences with respect to any dispute between an employer or employers’ organization and a bar gaining agent. Referral of other disputes 108 The Minister may, at the same time a disputes inquiry board is appointed or subsequently, refer to the board any other dispute of a similar nature. Division 18 Emergencies Emergencies109(1) If in the opinion of the Lieutenant Governor in Council an emergency arising out of a dispute exists or may occur in such cir cumstances that (

a) damage to health or property is being caused or is likely to be caused because (

i) a sewage system, plant or equipment or a water, heating, electrical or gas system, plant or equipment has ceased to operate or is likely to cease to operate, or (ii) health services have been reduced, have ceased or are likely to be reduced or to cease, 49

or (

b) unreasonable hardship is being caused or is likely to be caused to persons who are not parties to the dispute, the Lieutenant Governor in Council may, by order, declare that on and after a date fixed in the order all further action and procedures in the dispute are to be replaced by the procedures under this section.

(2) Before an order is made under subsection (1), the Minister may give the parties to the dispute an opportunity to meet with him and he may report his findings relating to the dispute and the effect of the stoppage or impending stoppage of work to the Lieutenant Gov ernor in Council.

(3) After the date fixed in the order, any strike or lockout becomes illegal and an offence under this Act, and (

a) no employer who is a party to the dispute shall lock out; (

b) no employees who are parties to the dispute shall strike; (

c) any strike or lockout that is in effect shall terminate.

(4) After the date fixed in the order the relationship of employer and employee continues uninterrupted by the dispute or anything arising from the dispute.

(5) When the order is made, the Minister shall forthwith establish a procedure for settlement of the dispute and the Minister may (

a) prescribe the terms and conditions of employment that shall apply to the parties to the dispute during the procedure, and (

b) do all things that may be necessary to settle the dispute.

(6) Notwithstanding anything in this Act, none of the parties to the dispute shall alter any of the terms and conditions of employment (

a) that existed immediately prior to the dispute, or (

b) that are prescribed by the Minister under subsection (5) except that the employer or employers’ organization, with the con sent of the bargaining agent, may give effect to a proposed change in wages or hours of work.

(7) The Regulations Act does not apply to an order or procedure established under this

section or

section 110. Public emergency tribunal110(1) As a procedure or part of a procedure to settle a dispute under

section 109, the Minister may establish a public emergency tribunal in accordance with Division 20.

(2) After making full inquiry, and if the dispute has not been settled by agreement on or before a date fixed by the Minister, the public emergency tribunal shall (

a) make its award, which shall deal with each item in dispute, and (

b) forward a copy of the award to both parties to the dispute and to the Minister. 50

(3) The award of a public emergency tribunal is binding on the par ties to the dispute and shall be included in the terms of a collective agreement. Division 19 Measures During Illegal Strike or Illegal Lockout Suspension of dues check-off 111(1) If a strike that is prohibited by Division 16 or 18 of this

Part commences, the Board may direct the employer to suspend the de duction and remittance of union dues, assessments or other fees pay able to the bargaining agent by the employees in the bargaining unit that is on strike.

(2) The suspension under subsection (1) shall continue for a period of

Document details

Collection	Alberta — Bills
Citation	L21 S3 2940
Type	bill
Volume / chapter	L21 S3 2940
Language	en
Format	json
Source	PROVINCIAL
Identifier	573da2bd458d1ead73381a4ece82b47cc06acc86

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