Bill 34 — The Crown Agencies Employee Relations Amendment Act, 1973 Honourable Dr. Hohol (Legislature 17, Session 2)

L17 S2 5168

Alberta — Bills

1973 Bill ~4 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 34 The Crown Agencies Employee Relations Amendment Act, 1973 HONOURABLE DR. HOHOL First Reading .............................. . Second Reading .............................. . Third Reading .... Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 31" BILL 34 1973 THE CROWN AGENCIES EMPLOYEE RELATIONS AMENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Crown Agencies Ernployee Relations Act is hereby amended.

Section 2 is amended by striking out clause (

c) and (

d) and by substit,uting the f01llowing: (c) "employees" m'eans persons employed by an em ployer other than (

i) persons who, in the opinion of the Minister, exercise a policy-making function in matters relating to personnel administration or who make significant decisions respecting the treat ment of employees, or (ii) persons who are members of a professional association who are excluded by the Minister at the request of a majority of the persons in the group, or (iii) those employees of the Foothills Provincial General Hospital who are from time Ito time employed in a capacity specified in Oertificate No. 23-73 issued by the Board of Industrial Relations on the 5th day 'Of Marich, 1973 as that Certificate stands on the date this clause comes into force; (d) "employer" means a Crown agency Dr corporation enumerated in the SCJhedule to ,this Aoet or any cor poration added to the

Schedule pursuant to

section 2.1; 3. The following

section is added after

section 2: 2.1 The Lieutenant Governor in Council may by regula tion add to the

Schedule to this Act any corpDration (

a) that is, by its Act of incorporati'On, expressed to be an agent for the Crown in right 'Of Alberta, or

Explanatory Notes I. This Bill will amend

chapter 79 of the Revised Statutes of Alberta 1970.

Section 2, clauses (

c) and (

d) pres1ently read: 2. In this Act, (c) "employees" means pers'Ons employed by an empl'Oyer other than (

i) persons who, in the opini'On of the M.inister, exercise a policy making function in matters relating to personnel administra M·on 'OJ" who make significant decisions r.especting the treat ment of employees, or (ii) p·ersons who are members of a professi'Onrul. aSlsociation who are excluded by the Minister at the request 'Of a majority of the persons in the group; (d) "employer" means any hoard or agency 'Of the Cr'Own in right of Alberta (other than The Alberta Government Telephones Com mission) to which The Public Service Act dDes not apply, and includes The Wo·rkmen's Compensation Bo&.rd; See

section 2.1 of this Bill and the proposed

Schedule which wil1 list the Corporations to which the Act applies. The 'list enumerates the Crown agencies to which the Act presently applies but adds other public bodies that are not, by law, "Crown agencies". 3. Addi,tions to

Schedule of other employers. See sections 2 and 6 of this Bill.

(

b) the members or a majority of the members of which or the members or a majority of the members of the board of directors or board of management of which are appointed by the Lieutenant Governor in Council.

Section 3 is struck out and the following

section is substituted: 3.

(1) The Association has the sole right to negotiate with an employer (

a) on behalf of all employees of the employer in respect of which ,an agreement was in effect on December 1, 1972, if a majority of the employees affected by the agreement on the date notice to commence negotia,tions is given, are members of the Association, and (

b) in any other case, on behalf of all employees in a specific field of employment, if a majority of the employees in the specific field of employment are members of the Association.

(2) For the purpose of subsection (1), clause (b), the Minister nlay determine what is a specific field of employ ment and which employees are included therein.

Section 4- is amended (

a) by adding the following subsection after subsection (1):

(1.1) Where no agreement is in effect between an employer and the Association in respect of any employees, either the employer or the Association may at any time give notice to commence negotia tions. (

b) as to subsection (2) by striking out the ~vord "Either" and by substituting the words "Where an agreement is in effect, either", (

c) by adding the following subsection after subsection (2):

(2.1) Where an agreement is in effect in respect of some of the employees of the employer and the employer or the Association wish to enter into negotiations relating to other employees in respect .of whom no agreement is then in effect, either the employer or the Association may, not less than 60 days and not more than 90 days immediately prior to the expiry of the existing agreement, give notice to the other to commence negotiations. 2

Section 3 presently reads: 3. The Associatioon has the sole right to negotiate with an employer (

a) on behalf of all the employees, when a majority of the employees are members of the Association, or (

b) on behalf of all employees in a specific field of employment, when a majority ,o,f the employees in that specific field of em ployment, are members lof the Association. s.

Section 4, subsections (1) and (2) presently read: 4.

(1) The Association and an employer shall upon request of either party enter into negotiations in the manner prescribed by this Act.

(2) Either party to an agreement may, not less than 60 days and not more than 90 days immediately prior .to the expiry of the agreement, give notice to the other party to oommence negotiations. Subsection (2) deals only with the case where an agreement exists and is to be renegotiated. The new subsection (1.1) deals with the case where no agreement exists and the new subsection (2.1) deals with the case where an agreement exists with respect to some em ployees but there is a desire to negotiate an agreement in respect of others. 2

6. The following

Schedule is added at the end of the Act: SCHE,DULE (Section 2 (d) ) EMPLOYERS under The Crown Agencies Employee Relations Act The Alberta H'Ospit:al Services Commission Alberta Housing Corporation The Alberta Liquor C'Ontrol Board Alberta Opportunity Company The Alberta Alcoh'Olism and Drug Abuse Commissi'On Energy Resources C'Onservation Board F'O'Othills Pr'Ovincial General Hospital Glenr'Ose Pr'Ovincial G€neral Hospital Provincial Cancer H'Ospitals Board The Research Council 'Of Alberta University Hospital B'Oard The W'Orkmen's Compensation Board 7. The Alberta Labour Act is amended by striking out

section 3 and by substituting the following section: 3.

(1) Subject t'O subsecti'On (2), this Act applies t'O (

a) empl'Oyers and employees, and (

b) agents 'Of the Crown in right 'Of Alberta and their empl'Oyees.

(2) Tlhis Act does n'Ot apply t'O (

a) the Cr'Own in right of Alber,ta and its employees; (

b) subject to subsecti'On (3), (

i) employers, as defined in The Crown Agencie8 Employee RelaUons Act, and (ii) empl'Oyees, as defined in The. Crown Agencie8 Employee Relations Act; (

c) enl,ployees employed in domestic work in 'a private dwelling and their employers while acting in the capacity of their empl'Oyer; (

d) empl'Oyees employed as farm 'lahourers and their empl'Oyers while acting in the capacity of their employer; (

e) employees who are policemen of a municipal police force appointed pursuant to The Police Act, 1971. 3

Schedule of Employers added. See

section 2.. of this Bill. 7. Amends

chapter 196 of the Revised Statutes of Alberta. 3

(3) This Act applies to the Foothills General Hospital while acting as an employer of those employees referred to in

section 2, clause (c), subclause (Hi) of The Crown Agencies Employee Relations Act.

(4) For the purposes of subsection (2), "farm labourers" dOtes not include employees employed in an undertaking which, in the opinion of the Board, is a commercial under taking. 8. The Alcoholism and Drug Abuse Act,

section 6 is amended by striking out subsection (5). 9. This Act comes into force on the day upon which it is assented to. 4

8. Amends

chapter 16 of the Revised. Statutes of AJiberta 1970.

Section '6, subsection (5) presently reads:

(5) The Crown Agencies Employee Relations Act applies to' the Com mission and its employees as if the Commission were an agency of the Crown in rights of Alberta. As the Alberta Alcoholism and Drug Abuse Commission is named in the

Schedule to this Act the reference in The Alcoholism and Drug Abuse Act to The Crown Agencies Employee Relations Act is no longer necessary. 4 Title: 1973 (17th, 2nd) Bill 34, The Crown Agencies Employee Relations Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5168
Type	bill
Volume / chapter	L17 S2 5168
Language	en
Format	json
Source	PROVINCIAL
Identifier	b5bff42326e0b4df691a5bf9d05bc413311282c2

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