Bill 11 — Fourth Session, 19Th Legislature, 31 Elizabeth Ii the Legislative Assembly of Alberta Bill 11 Health Services Continuation Act (Legislature 19, Session 4)

L19 S4 3802

Alberta — Bills

1982 BILL 11 Fourth Session, 19th Legislature, 31 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 11 HEALTH SERVICES CONTINUATION ACT THE MINISTER OF LABOUR First Reading ....................................................... . Second Reading ................... _________ ._ .. ____ . ______ ............. . Committee of the Whole ................. , ... , __ ~ _ ~- _ ---- - -______ .. . Third Reading ........................... __ .... _. _ ... ___ ._ ......... . Royal Assent ....................................................... .

Definitions Bill 11 BILL 11 1982 HEALTH SERVICES CONTINUATION ACT (Assented to ,1982) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "Arbitration Tribunal" means the Arbitration Tribunal estab lished under

section 7; (b) "bargaining agent" means a bargaining agent set out in Col umn 2 of the Schedule; (c) "employee" means an employee represented by a bargaining agent; (d) "employees' organization" means the United Nurses of Alberta; (e) "employer" means an employer referred to in Column 1 of the Schedule; (f) "employers' organization" means the Alberta Hospitals Asso ciation; (g) "health services disputes" means the disputes between the parties; (h) "Minister" means the Minister of Labour; (i) "parties" means the employer and the corresponding bargain ing agent set out in Columns 1 and 2 respectively of the Schedule.

(2) Words defined in the Labour Relations Act have the same mean ing in this Act unless the context otherwise indicates. Conflict 2( 1) If there is a conflict between this Act and the Labour Relations Act, this Act prevails.

(2) The Arbitration Act does not apply to this Act. 1

Termination of strike or lock out 3(1) This

section comes into force at 7:00 a.m. on the day following the coming into force of this Act.

(2) Any strike or lock out in the health services disputes otherwise authorized or permitted under the Labour Relations Act is illegal and any strike or lock out that is in effect shall terminate, and (

a) no employer who is a party to any health services dispute shall lock out; (

b) no employers' organization, or person acting on behalf ofthe employers' organization or employer, shall cause or consent to a lock out; (

c) no employees affected by a health services dispute shall strike; (

d) no bargaining agent, employees' organization, or person act ing on behalf of the employees, a bargaining agent or employees' organization, shall cause or consent to a strike.

(3) All employees shall continue or resume, as the case may be, the duties of their employment without slow-down or diminution and all employers shall arrange for the resumption of their services. Notice 4 Forthwith on the coming into force of this Act, the employees' organization and every bargaining agent shall give or cause to be given notiCe to the employees setting out (

a) that the strike authorized or permitted before the coming into force of

section 3 has become illegal, and (

b) that the employees shall continue or resume, as the case may be, the duties of their employment without slow-down or dimi nution. Prohibition by 5 No employer or person acting on behalf of the employer shall employer Collective agreement continuation (

a) refuse to permit or authorize, or direct or authorize another person to refuse to permit or authorize, an employee who went on strike before the coming into force of

section 3 to resume the duties of his employment forthwith, or ~) discharge or in any other manner discipline, or authoriz~ ~r d~ect another person to discharge or in any other manner di~Cl phne, such an employee by reason of his having been on strike before the coming into force of

section 3. 6(1) In this section, "collective agreements" means the collective agreements between the parties. (~) The terms and conditions of the collective agreements that ex pIred on December 31, 1981, continue until the document referred to in

section 7(8) comes into effect. 2

rbitration ribunal 7(1) There is hereby established an Arbitration Tribunal to inquire into the health services disputes, other than a dispute relating to the duration of a collective agreement, and to endeavour to bring the parties to a settlement of the health services disputes.

(2) The Minister may with respect to the Arbitration Tribunal (

a) appoint or provide for the appointment of 1 or more persons as its members, and (

b) if more than 1 person is appointed, designate or provide for the designation of a chairman.

(3) A judge of the Court of Appeal or the Court of Queen's Bench may be appointed as a member of the Arbitration Tribunal.

(4) The person or persons appointed as members of the Arbitration Tribunal have the powers and immunities of a commissioner under the Public Inquiries Act.

(5) The Arbitration Tribunal may determine its own procedure.

(6) The Arbitration Tribunal may consider, but shall not be bound by, the recommendations of the Disputes Inquiry Board that was established on December 30, 1981.

(7) If the health services disputes have not been settled by agreement on or before a date determined by the Minister, the Arbitration Tri bunal shall make its award, and its award shall deal with each item that remains in dispute.

(8) After the health services disputes have been settled or after it has made its award under subsection (7), as the case may be, the Arbitra tion Tribunal shall prepare a document in the form of a collective agreement setting out the terms and conditions (

a) that were agreed to, whether before or after this Act came into force, and (

b) that were the subject of an award under subsection (7), ifany, and shall forward a copy of the document to the Minister, the em ployees' organization and the employers' organization.

(9) The document prepared pursuant to subsection (8) (

a) constitutes a collective agreement under the Labour Relations Act from January 1, 1982 to December 31, 1983, and (

b) is binding on (

i) the employers' organization and every employer, (ii) the employees' organization and every bargaining agent, and (iii) every employee. 3

Reconvening of Tribunal Power to vary agreement Power to decertify

(10) If the award of the Arbitration Tribunal is not complied with the Minister may file a copy of the award with the clerk of the Court of Queen's Bench and thereupon the decision is enforceable as ajudg ment or order of the Court. 8(1) If a question arises concerning the

interpretation, application or operation of an award under

section 7(7), the Minister may within 14 days after the document referred to in

section 7(8) is forwarded to the Minister, direct the member, if only 1 is appointed, or the chairman of the Tribunal to reconvene the Tribunal for the purpose of deciding the question.

(2) When the Arbitration Tribunal makes its decision, it shall for ward a copy of the decision to the Minister, the employees' organiza tion and the employers' organization, and the decision is binding on (a) . the employers' organization and every employer, (

b) the employees' organization and every bargaining agent, and (

c) every employee.

(3) If the decision has the effect of amending the collective agreement constituted under

section 7(9), the agreement is amended accordingly. 9 Nothing in this Act shall be deemed to limit or restrict the rights of the parties to agree to amend the collective agreement constituted under

section 7(9), other than a provision relating to its duration, and to give effect thereto. 10(1) If a bargaining agent is found guilty of an offence under this Act or is found in contempt of court in respect of a matter arising under this Act, the Attorney General may give notice to the Labour Relations Board setting out that the bargaining agent was found guilty of contravening this Act or was found in contempt of court, as the case may be, and upon receipt of the notice the Board shall revoke the certification.

(2) Where the certification of a bargaining agent is revoked under subsection (1), no trade union (

a) shall be certified to bargain collectively, or (

b) shall bargain collectively on behalf of the employees during the 12 months following the revo cation or until the expiration of this Act, whichever is the earlier. Penalty 11

(1) If a bargaining agent is guilty of an offence under this Act or is in contempt of court in respect of a matter arising under this Act, every officer, representative, agent or adviser of the bargaining agent who authorized, permitted or acquiesced in the offence or the con- 4

Injunction tempt of court is also guilty of the offence or is in contempt, as the case maybe.

(2) No officer, representative, agent or adviser who was found guilty of an offence under this Act or was found in contempt shall be em ployed by or act as an officer, representative, agent or adviser of a trade union until the expiration of this Act.

(3) A person who contravenes subsection (2) is guilty of an offence. 12(1) The Attorney General may apply to the Court of Queen's Bench, by originating notice, for an injunction enjoining any person from doing any act that is in contravention of this Act, notwithstanding any other penalty that may be provided.

(2) Two days' notice shall be sufficient for any application under subsection (1). Service 13(1) An originating notice, judgment or order made pursuant to

section 12 or any other notice, decision or document under this Act may be served or given in the case of the employees' organization, a bargaining agent and the employers' organization (

a) personally on the president, secretary or an officer of the em ployees' organization, bargaining agent or employers' organiza tion, as the case may be, or (

b) by sending it by registered or certified mail to the address of the president, secretary or an officer of the employees' organiza tion, bargaining agent or employers' organization, as the case may be.

(2) Service on the employees' organization of an originating notice, judgment or order issued pursuant to

section 12 is also good service on all the bargaining agents and the employees.

(3) Service on the employers' organization of an originating notice, judgment or order issued pursuant to

section 12 is also good service on the employers. OFFENCES Offences 14(1) Any bargaining agent, employees' organization, employee, em ployers' organization or employer who contravenes

section 3 is guilty of an offence and is liable to a fine not exceeding $1000 for each day that the offence continues.

(2) Any bargaining agent, employees' organization or employer who contravenes

section 4 is guilty of an offence and is liable to a fine not exceeding $10 000.

(3) Any employer or person acting on behalf of the employer who contravenes

section 5 is guilty of an offence and is liable to a fine not exceeding $10 000. 5

15 This Act expires December 31, 1983. In accordance with

section 4(1) of the

Interpretation Act. this Bill comes into force on the date it receives Royal Assent. 6

SCHEDULE Parties Column 1 - Column 2 - Employers Bargaining Agents l. Archer Memorial Hospital Archer Memorial Hospital Lamont, Alberta Lamont, United Nurses of Alberta Local No. 29, Lamont, Alberta 2. Bashaw General Hospital Bashaw General Hospital United District No. 94, Nurses of Alberta Local No. 45, Bashaw, Alberta Bashaw, Alberta 3. Beaverlodge-Hythe General Beaverlodge-Hythe General Hospital District No. 32, Hospital District No. 32 Beaverlodge, Alberta United Nurses of Alberta Local No. 51, Edmonton, Alberta 4.

Berwyn Municipal Hospital Berwyn Municipal Hospital District No. 50 United Nurses of Alberta Local Berwyn, Alberta No. 52, Berwyn, Alberta 5. Bethany Auxiliary Hospital & Bethany Auxiliary Hospital Nursing Home & Nursing Home United Nurses of Camrose, Alberta Alberta Local No. 12, Camrose, Alberta 6. Bethany Care Centre Bethany Care Centre United Calgary, Alberta Nurses of Alberta Local No. 91, Calgary, Alberta 7. Border Counties General Hospital Border Counties General Hospital, District No. 95, Milk River United Nurses of Milk River, Alberta Alberta Local No. 66, Milk River, Alberta 8.

Boyle General Hospital District Boyle General Hospital United No. 61, Nurses of Alberta Local No. 16, Boyle, Alberta Edmonton, Alberta 9. Breton General Hospital District Breton General Hospital No. 85, United Nurses of Alberta, Breton, Alberta Local No. 83 Breton, Alberta 10. Calgary General Hospital Calgary General Hospital United Calgary, Alberta Nurses of Alberta Local No.1, Edmonton, Alberta 11. Claresholm General Hospital United Nurses of Alberta Local District No. 24, No. 40 of the Claresholm General Claresholm, Alberta Hospital, Claresholm, Alberta 1

12. Cold Lake General Hospital John Neil Hospital, Cold Lake District No. 75 United Nurses of Alberta Cold Lake, Alberta Local No. 76, Cold Lake, Alberta 13. Coronation Municipal Hospital Coronation Municipal Hospital District No. 39, United Nurses of Alberta Local Coronation,Alberta No. 106, Edmonton, Alberta 14. Crowsnest Pass General Hospital Crowsnest Pass General Hospital and Nursing Home District No. 40, and Nursing Home District No. Blairmore, Alberta 40 United Nurses of Alberta Local No. 102, Edmonton, Alberta 15.

Devon Civic Hospital Devon Civic Hospital United Devon, Alberta Nurses of Alberta Local No. 67, Edmonton, Alberta 16. Drayton Valley General Hospital Drayton Valley General Hospital and Nursing Home District No.7, United Nurses of Alberta Local Drayton Valley, Alberta No. 28, Drayton Valley, Alberta 17. Drumheller General Hospital District Drumheller General Hospital No.3, United Nurses of Alberta Local Drumheller, Alberta No. 74, Edmonton, Alberta 18. Edmonton General Hospital Edmonton General Hospital Unite Edmonton, Alberta Nurses of Alberta Local No. 79, Edmonton, Alberta 19.

Edmonton and Rural Auxiliary Edmonton Rural and Auxiliary Hospital and Nursing Home District Hospital and Nursing Home No. 24, District No. 24 United Nurses of Edmonton, Alberta Alberta Local No. 118, Edmonton, Alberta 20. Elk Point General and Auxiliary Elk Point Municipal Hospital Hospital and Nursing Home District United Nurses of Alberta Local No. 18, No. 26, Elk Point, Alberta Elk Point, Alberta 21. Elnora General Hospital District Elnora General Hospital District No. 44, No. 44 United Nurses of Alberta Elnora, Alberta Local No. 113, Edmonton, Alberta 22.

Fairview Municipal Hospital Fairview Municipal Hospital District No. 59, District No. 59 United Nurses of Fairview, Alberta Alberta Local No. 64, Edmonton, Alberta 23. Fort McMurray General and Auxiliary Fort McMurray General United Hospital and Nursing Home District Nurses of Alberta Local No. 96, No. 99, Edmonton, Alberta Fort McMurray, Alberta

24. Fort Saskatchewan General Hospital Fort Saskatchewan General District No. 98, Hospital United Nurses of Fort Saskatchewan, Alberta Alberta Local No.9, Edmonton, Alberta 25. Fort Vermilion-High Level General United Nurses of Alberta Local and Auxiliary Hospital and Nursing No. 124, District No. 102, Edmonton, Alberta High Level, Alberta 26. Glendon Municipal Hospital Glendon Municipal Hospital United District No. 57, Nurses of Alberta Local No. 122, Glendon, Alberta Edmonton, Alberta 27.

Grande Cache General Hospital Grande Cache General Hospital District No. 63, United Nurses of Alberta Local Grande Cache, Alberta No. 63, Edmonton, Alberta 28. Grande Prairie General and Grande Prairie General Auxiliary Auxiliary Hospital & Nursing Home Hospital & Nursing Home District District No. 14, No. 14 United Nurses of Alberta Grande Prairie, Alberta Local No. 37, Grande Prairie, Alberta 29. Hanna General Hospital District Hanna General Hospital District No.9, No.9, United Nurses of Alberta Hanna, Alberta Local No. 125, Edmonton, Alberta 30.

High Prairie General Hospital and High Prairie General Hospital Nursing Home District No. 89, and Nursing Home District No. 89 High Prairie, Alberta United Nurses of Alberta Local No. 17, Edmonton, Alberta 31. High River General Hospital High River General Hospital and Nursing Home District No. 11, United Nurses of Alberta Local High River, Alberta No. 80, Edmonton 32. Hinton General Hospital District Hinton General Hospital United No. 76, Hinton, Alberta Nurses of Alberta Local No. 84, Hinton, Alberta 33.

Immaculata Hospital, Westlock, Immaculata Hospital Westlock Alberta United Nurses of Alberta Local No. 73, Edmonton 34. Innisfail Municipal Hospital Innisfail General Hospital United District No. 16, Innisfail, Nurses of Alberta Local No. 59, Alberta Edmonton 35. Islay Municipal Hospital District Islay Municipal Hospital United No.4, Islay, Alberta Nurses of Alberta Local No. 78, Islay, Alberta 36. Lac La Biche General Hospital and Lac La Biche General Hospital Nursing Home District No. 78, United Nurses or'Alberta Local Lac La Biche, Alberta No. 10, Lac La Biche, Alberta 3

37. Lacombe General Hospital and Nursing Lacombe General Hospital and Home District No. 54, Lacombe, Nursing Home District No. 54 Alberta United Nurses of Alberta Local No.5, Lacombe, Alberta 38. Lamont Auxiliary Hospital and Lamont Auxiliary Hospital Nursing Home District No. 23, and Nursing Home District No. 23, Lamont, Alberta United Nurses of Alberta Local No. 49, Lamont, Alberta 39. Leduc General Hospital and Nursing Leduc General Hospital United Home District No. 83, Nurses of Alberta Local No. 62, Leduc, Alberta Edmonton, Alberta 40.

Lethbridge General and Auxiliary Lethbridge General and Auxiliary Hospital and Nursing Home District Hospital and Nursing Home No. 65, Lethbridge, Alberta District No. 65 United Nurses of Alberta Local No. 120, Edmonton 41. Macleod Municipal Hospital District Macleod Municipal Hospital No. 48, Fort Macleod, Alberta United Nurses of Alberta Local No. 82, Fort Macleod, Alberta 42. Manning Municipal Hospital District Manning Municipal Hospital United No. 70, Manning, Alberta Nurses of Alberta Local No. 13, Manning, Alberta 43.

Mary Immaculate Hospital, Mary Immaculate Hospital United Willingdon, Alberta Nurses of Alberta Local No. 127, Edmonton, Alberta 44. Mclennan General Hospital and McLennan General Hospital and Nursing Home District No. 90, Nursing Home District No. 90 Mclennan, Alberta United Nurses of Alberta Local No. 116, Edmonton 45. Medicine Hat General and Auxiliary Medicine Hat & District Hospital and Nursing Home District No. 69, United Nurses of Alberta Local Medicine Hat, Alberta No. 70, Medicine Hat, Alberta 46.

Metro-Calgary and Rural General Metro-Calgary and Rural General Hospital District No. 93, Hospital District No. 93 United Calgary, Alberta Nurses of Alberta Local No. 121, Edmonton, Alberta 47. Metro-Edmonton Hospital District United Nurses of Alberta Local No. 106, Edmonton No. 129, Edmonton, Alberta 48. Mineral Springs Hospital, Mineral Springs Hospital, Banff Banff, Alberta United Nurses of Alberta Local No.3, Edmonton 49. Misericordia Hospital, Misericordia Hospital United Edmonton, Alberta Nurses of Alberta Local No. 11, Edmonton 50.

Mountain View-Kneehill Auxiliary Mountain View-Kneehill Hospital and Nursing Home District Auxiliary Hospital & Nursing Home No. 13, Didsbury, Alberta District No. 13, Didsbury United Nurses of Alberta Local No. 34, Didsbury, Alberta 4

51. Olds Municipal Hospital District Olds Municipal Hospital United No. 26, Olds, Alberta Nurses of Alberta Local No. 43, Olds, Alberta 52. Oyen Big Country Hospital Oyen Big Country Hospital Oyen, Alberta United Nurses of Alberta Local No. 20, Oyen, Alberta 53. Peace River Municipal Hospital Peace River Municipal Hospital District No. 21, United Nurses of Alberta Local Peace River, Alberta No. 30, Peace River, Alberta 54. Pincher Creek Municipal Hospital Pincher Creek Municipal Hospital Pincher Creek, Alberta United Nurses of Alberta Local No. 23, Pincher Creek, Alberta 55.

Ponoka General Hospital and Nursing Ponoka General Hospital United Home District No. 37, Nurses of Alberta Local No. 31, Ponoka, Alberta Ponoka, Alberta 56. Provost General Hospital and Nursing Provost General Hospital and Home District No. 12, Nursing Home District No. 12, Provost, Alberta United Nurses of Alberta Local No. 69, Edmonton 57. Red Deer General and Auxiliary Red Deer General and Auxiliary Hospital and Nursing Home District Hospital and Nursing Home No. 15, Red Deer, Alberta District No. 15 United Nurses of Alberta Local No.2, Edmonton 58.

Rocky Mountain House General Rocky Mountain House General Hospital and Nursing Home District Hospital United Nurses of No. 49, Rocky Mountain House, Alberta Local No.8, Rocky Alberta Mountain House, Alberta 59. Royal Alexandra Hospital Royal Alexandra Hospital United Edmonton, Alberta Nurses of Alberta Local No. 33, Edmonton 60. St. John's Hospital St. John's Hospital, Edson United Edson, Alberta Nurses of Alberta Local No. 56, Edson, Alberta 61. St. Joseph's Auxiliary Hospital St. Joseph's Auxiliary Hospital Edmonton, Alberta United Nurses of Alberta Local No. 99, Edmonton 62. St. Joseph's General Hospital St.

Joseph's General Hospital Vegreville, Alberta Vegreville United Nurses of Alberta Local No. 22, Vegreville, Alberta 63. St. Louis Hospital St. Louis Hospital, Bonnyville Bonnyville, Alberta United Nurses of Alberta Local No. 86, Edmonton 64. St. Mary's Hospital St. Mary's Hospital, Camrose Camrose, Alberta United Nurses of Alberta Local No. 15, Camrose, Alberta 5

65. St. Michael's General Hospital St. Michael's General Hospital Lethbridge, Alberta Lethbridge United Nurses of Alberta Local No. 72, Edmonton 66. St. Paul General Hospital District St. Paul General Hospital No. 36, St. Paul, Alberta United Nurses of Alberta Local No. 24, St. Paul, Alberta 67. Salvation Army Grace Hospital United Nurses of Alberta Local Calgary, Alberta No. 47 of the Salvation Army Grace Hospital, Calgary 68. Seton General Hospital Seton General Hospital, Jasper Jasper, Alberta United Nurses of Alberta Local No. 75, Jasper, Alberta 69.

Slave Lake General Hospital and Slave Lake General Hospital Nursing Home District No. 101, United Nurses of Alberta Local Slave Lake, Alberta No. 60, Edmonton 70. Smoky Lake General and Auxiliary George McDougall Memorial Hospital and Nursing Home District Hospital United Nurses of No. 73, Smoky Lake, Alberta Alberta Local No. 77, Smoky Lake, Alberta 71. Spirit River General Hospital and Central Peace General Hospital Nursing Home District No. 60, United Nurses of Alberta Spirit River, Alberta Local No. 41, Edmonton 72.

Stettler General and Auxiliary Stettler General and Auxiliary Hospital and Nursing Home District Hospital and Nursing Home No. 20, Stettler, Alberta District No. 20 United Nurses of Alberta Local No.4, Stettler 73. Stony Plain Municipal Hospital Stony Plain Municipal Hospital District No. 84, Stony Plain, Local No. 92, United Alberta Nurses of Alberta, Stony Plain, Alberta 74. Sturgeon General Hospital District Sturgeon General Hospital, St. No. 100, St. Albert, Alberta Albert United Nurses of Alberta Local No. 85, Edmonton 75.

Thorhild County General Hospital Thorhild County General District No. 103, Hospital District No. 103 Red Water, Alberta United Nurses of Alberta Local No. 128, Edmonton 76. Thorhild- Westlock Auxiliary Thorhild-Westlock Auxiliary Hospital and Nursing Home Hospital and Nursing Home District No. 26, Westlock, District No. 26 United Nurses of Alberta Alberta Local No. 100, Edmonton 77. Three Hills Municipal Hospital Three Hills Municipal Hospital District No. 45, United Nurses of Alberta Local Three Hills, Alberta No. 58, Three Hills 78.

Turner Valley Municipal Hospital Turner Valley Municipal Hospital District No. 66 United Nurses of Alberta Local Turner Valley, Alberta No. 65, Turner Valley 6

79. Two Hills General Hospital & Two Hills General Hospital & Nursing Home District No. 42 Nursing Home District No. 42 Two Hills, Alberta United Nurses of Alberta Local No. 35, Two Hills, Alberta 80. Valleyview General Hospital Valleyview General Hospital District No. 96, United Nurses of Alberta Local Valleyview, Alberta No.6, Valleyview 81. Vermilion General Hospital Vermilion General Hospital and and Nursing Home District No.2, Nursing Home District No.2 Vermilion, Alberta United Nurses of Alberta Local No. 55, Edmonton 82.

Wainwright General and Auxiliary Wainwright General and Auxiliary Hospital and Nursing Home District Hospital United Nurses of Alberta No. 17, Wainwright, Alberta Local No. 38, Edmonton 83. Wetaskiwin General Hospital and Wetaskiwin General and Auxiliary Auxiliary Hospital and Nursing Hospital and Nursing Home Home District No. 81, District No. 81 United Nurses Wetaskiwin, Alberta of Alberta Local No. 68, Wetaskiwin 84. Canmore Municipal Hospital Canmore Municipal Hospital District No. 80 District No. 80 Canmore, Alberta United Nurses of Alberta Local #119, Edmonton, Alberta 85.

Coaldale Community Hospital United Nurses of Alberta Coaldale, Alberta Local # 131, Edmonton, Alberta 7 Title: 1982 (19th, 4th) Bill 11, Health Services Continuation Act

Document details

Collection	Alberta — Bills
Citation	L19 S4 3802
Type	bill
Volume / chapter	L19 S4 3802
Language	en
Format	json
Source	PROVINCIAL
Identifier	75f8b5781595b47319a1eb1fa8098fdd47359457

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