Bill 44 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 44 Labour Statutes Amendment Act, 1983 (Legislature 20, Session 1)

L20 S1 3664

Alberta — Bills

1983 BILL 44 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 44 LABOUR STATUTES AMENDMENT ACT, 1983 THE MINISTER OF LABOUR First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

BiU 44 BILL 44 1983 LABOUR STATUTES AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: Firefighters and Policemen Labour Relations Act 1(1) The Firefighters and Policemen Labour Relations Act is amended by this section.

(2) The title is amended by striking out "POLICEMEN" and substi tuting "POLICE OFFICERS".

(3) Section l(b)(ii) and (iii), (c)(ii) and (iii) and (

h) are amended by striking out "poUcemen" wherever it occurs and substituting "poUce officers'!

Explanatory Notes Firefighters and Policemen Labour Relations Act 1(1) This

section will amend

chapter F-11 ofthe Revised Statutes of Alberta 1980.

(2) The title presently reads: FIREFIGHTERS AND POLICEMEN LABOUR RELATIONS ACT

(3) Section 1(b), (

c) and (

h) presently read: 1 In this Act, (b) "bargaining agent" means (

i) with respect to a bargaining unit of firefighters, a trade union, (ii) with respect to a bargaining unit of policemen who hold the rank of inspector or higher (excluding the chief constable and deputy chief constables), representatives of those policemen, (iii) with respect to a bargaining unit of policemen who hold ranks lower than that of inspector, a police association, that represents a majority ofthe persons in the bargaining unit; (c) "bargaining unit" means (

i) the firefighters of the fire department of a municipality, ex cluding the chief and the deputy chiefs, (ii) the policemen of a municipal police force who hold the rank of inspector or higher, excluding the chief constable and deputy chief constables, or (iii) the policemen of a municipal force who hold ranks lower than that of inspector; (h) "police association" means an association of policemen limited to members of one municipal police force and having among its ob- Explanatory Notes

(4) The following is added after

section 1; PART1 FIREFIGHTERS AND POLICE OFFICERS

(5) The following is added after

section 4: 4.1 The Labour Relations Act appUes to the extent shown in that Act with respect to firefighters and poUce officers who hold ranks lower than inspector and to the municipalities that bargain collectively with those firefighters and poUce officers.

PART 2 POLICE OFFICERS HOLDING THE RANK OF INSPECTOR OR HIGHER 4.2 This Part applies only with respect to the poUce officers of municipal poUce forces who hold the rank of inspector or higher and to the municipalities that bargain collectively with them.

(6) Sections 17, 18, 19 and 21 are repealed and the following is added after

section 22:

PART 3 GENERAL 23(1) Notwithstanding anything in this Act or the Labour Relations Act, either party to a coUective agreement under this Act or the Labour Relations Act may refer by notice of motion any question as to the (

a) interpretation, (

b) appUcation, or (

c) aUeged violation of the agreement in respect of personal discipline of a police officer to a judge ofthe Court of Queen's Bench.

(2) The procedure in a reference shaU be as determined by the judge.

(3) The judge on hearing the reference may (

a) make any finding that in his opinion ought to have been made, (

b) quash, vary or confirm any action taken by either party, or (

c) refer the matter back to the parties for further consideration.

jects the improvement of conditions of service or remuneration ofthe members of that police force;

(4) Title to

Part 1.

(5) Part 2 applies only to pohce oflBcers holding the rank of inspector or higher.

(6) Sections 17, 18 and 21 ofthe Firefighters and Policemen Labour Relations Act are moved to

Part

Section 19 is repealed.

Section 19 presently reads: 19 The Labour Relations Act does not apply to firefighters. Explanatory Notes

(4) The judge by his decision shaU not alter, amend or change the terms ofthe coUective agreement.

(5) The decision of the judge is binding on both parties and on all persons affected.

(6) The decision of the judge shall make no award as to costs of the reference. 24 If a conflict arises between this Act and (

a) any other Act, or (

b) any by-law or regulation of a municipality, this Act appUes. 25 Any person, municipaUty, trade union or association that contravenes (

a) this Act, or (

b) the regiUations is guUty of an offence and Uable to a fine of not more than $1000. Labour Relations Act 2(1) The Labour Relations Act is amended by this section.

(2) The following provisions are ameruied by adding "or trade union organization" after "agent" wherever it occurs;

section l(l)(f);

section 73(1) and (4);

section 75(2), (5) and (7);

section 150(3). (3)

Section 1(1) is amended (

a) in clause (

k) by adding "or entitled to" after "receipt of; (

b) in clause (

p) by striking out "83" and substituting "84"; (

c) by adding the following after clause (w); (w. 1) "trade union organization" means an organization, other than a trade union, that has the authority to represent local trade unions of a provincial, national or international orga nization in coUective bargaining;

Labour Relations Act 2(1) This

section will amend

chapter L-1.1 ofthe Revised Statutes of Alberta 1980.

(2) Adds reference to trade union organization to various provisions.

(3) Section l(l)(

k) and (

p) presently read: 1(1) In this Act. (k) "employee" means a person employed to do work who is in receipt of wages, but does not include (

i) a person who. in the opinion ofthe Board, exercises manage rial functions or is employed in a confidential capacity in matters relating to labour relations, or (ii) a person who is a member of the medical, dental, architec tural, engineering or legal profession qualified to practise uruier the laws of Alberta and employed in his professional capacity; (p) "mediator" means a person appointed as a mediator uruier sec tion 83; Explanatory Notes

(4) Section 2 is amended (

a) in subsection (2)(

d) by striking out "policemen of a municipal poUce force" and substituting "poUce officers of a municipal po Uce force who hold the rank of inspector or higher,"; (

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

(3) Subject to the Firefighters and Police Officers Labour Re lations Act, this Act except for the provisions referred to in subsection (4) applies to (

a) firefighters who have the right to bargain coUectively under the Firefighters and Police Officers Labour Rela tions Act and mimicipaUties to the extent that they bar gain coUectively with those firefighters, and (

b) poUce officers of mimicipal poUce forces who hold ranks lower than that of inspector who have the right to bargain coUectively under the Firefighters and Police Of- ftcers Labour Relations Act and municipalities to the ex tent that they bargain coUectively with those poUce of ficers.

(4) The foUowing provisions do not apply with respect to the firefighters, poUce officers and mtmicipaUties referred to in subsection (3): sections 23 and 24; sections 28 to 72; sections 75 and 76; sections 87 to 92; sections 105 to 111; sections 114 to 117; sections 132 and 133;

section 136(1) and (1.1);

section 137(3)(a)(vi), (c)(

i) and (g);

section 138(k)(u); sections 144 to 147.

(5) A poUce association for the poUce officers of a municipal poUce force who hold ranks lower than inspector shall be deemed to be a trade imion for the purposes of this Act.

(6) A municipaUty as defined in the Firefighters and Police Officers Labour Relations Act shaU be deemed to be an em ployer for the purposes of this Act with respect to the poUce officers of a municipal poUce force who hold ranks lower than inspector.

(7) With respect to the firefighters, poUce officers and munic- ipaUties referred to in subsection (3), the

definitions con tained in

section 1 apply except that terms defined m

section 1 of the Fireftghters and Police Officers Labour Relations Act have the meaning given to them by that Act.

(4) Section 2(2)(

d) presently reads:

(2) This Act does not apply to (

d) employees who are policemen of a municipal police force ap pointed pursuant to the Police Act; Explanatory Notes

(5) Sections 5(1) and 6(1) are amended by adding "or a vice- chairman" after "Chauman'!

(6) Section 8 is amended (

a) in subsection (1) by adding "for the purposes of this Act' after "may"', (

b) by adding the following after subsection (2)(c); (c.

l) an organization is a trade union organization;

(7) Section 13(1) is ameruied by repealing clauses (

a) and (

b) arui substituting the following: (

a) the attendance of a person is required or the attendance of a person to produce a document or other thing is required, or (

b) the production of a document or other thing is required so that the dociunent or other thing may be examined by a party to a proceeding under this Act,

(8) Section 14(1) is ameruied (

a) by striking out "it may be served" and substituting "it shaU be deemed to be properly served if it is served"; (

b) by repealing clause (

c) arui substituting the following; (

c) in the case of a trade union, trade union organization or employers' organization, (

i) personaUy on the president, secretary or an officer of the trade union, trade union organization or employers' organization or by leaving it for him at his address, or at the office of the trade union, trade union organization or employers' organization, with some person who is appar- entiy at least 18 years old, or (

U) by sending it by registered or certified maU to the address of the president, secretary or an officer of the trade union, trade union organization or employers' or ganization.

(5) Sections 5(1) and 6(1) presently read: 5(1) The members ofthe Board shaU meet at the times and places speci fied by the Chairman. 6(1) The members ofthe Board shall, at the direction ofthe Chairman, meet as (

a) the Board. (

b) a division ofthe Board, or (c) 2 or more divisions ofthe Board.

(6) Section 8(1 )(

a) and (2)(

c) presently read: 8(1) The Board may (

a) make or issue any orders, decisions, notices, directives, declara tions or certificates it considers necessary;

(2) The Board may decide for the purposes of this Act whether: (

c) an organization or association is an employers' organization;

(7) Section 13(1) presently reads: 13(1) When, in the opinion ofthe Board. Chairman or a vice-chairman ofthe Board (

a) the attendance of a person is required, or (

b) the attendance of a person to produce a document or other thing is necessary, the Board, Chairman or vice-chairman may cause to be served on the person concerned a notice to attend or a notice to attend and produce a document or other thing, as the case may be, signed by the Chairman, vice-chairman, secretary or registrar ofthe Board.

(8) Section 14 presently reads in part: 14(1) Except when this Act otherwise provides, if anything is required or permitted to be served under this Act it may be served (

a) in the case of an individual. (

i) personally or by leaving it for him at his last or most usual place of abode with some person who is apparently at least 16 years old, or (ii) by mailing it to him by registered maU or certified maU at his last known post office address; (

b) in the case of a corporation, (

i) personally on a director, manager or officer ofthe corporation, or (ii) by leaving it at or by seruiing it by registered or certified maU to the registered office of a corporation or to the ofiice of the attorney of an extra-provincial corporation; Explanatory Notes

(9) Section 19(1) is amended by adding ", trade union organiza tion" after "union" wherever it occurs.

(10) Section 20(

a) is amended by adding "or trade union organiza tion" after "union'!

(11) Section 21 is ameruied (

a) by repealing subsection (1) arui substituting the following; 21(1) When a difference exists conceming the appUcation or operation of this Act, any party to the difference may refer the difference to the Board. (

b) in subsection (2) by striking out "complaint" and substituting "difference'!

(12) Section 34(1) is amended by striking out "A" arui substituting "Subject to

section 49(2) and (3), a'!

(13) Section 38(2) is amended by adding ", or that unit as altered or amended or with the inclusion or exclusion of employees under sec tion 37(2)," after "applying for certification'!

(

c) in the case of a trade union or registered employers' organization, (

i) personally on the president, secretary or an officer ofthe trade union or registered employers' organization, or (ii) by sending U by registered or certified maU to the address of the president, secretary or an ofiicer ofthe trade union or regis tered employers' organization.

(9) Section 19(1) presently reads: 19(1) 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 ofthe person, trade union, employer or employers' organi zation be substituted, added or deleted as a party to the proceedings.

(10) Section 20 presently reads: 20 The Board (

a) may on the request of an employer, employers' organization or a trade union or on receipt of a petition signed by not less than 50% of the employees in a unit, or (

b) shall on the direction ofthe Minister, require a vote to be taken uruier its supervision 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' organi zation where it is desirable to have an expression of opinion ofthe major ity ofthe employees or employers, as the case may be.

(11) Section 21(1) and (2) presently read: 21(1) When a difference exists between an employer or an employers' organization and a trade union concerning the application or operation of this Act, any ofthe parties to the difference may refer the difference to the Board.

(2) When a difference is referred to the Board pursuant to subsection (1). the Board or a person designated by the Board may appoint an officer to inquire into the complaint and endeavour to effect a settlement.

(12) Section 34(1) presently reads: 34(1) A trade union that claims to have been selected by a majority of employees in a unit that the trade union considers appropriate for collec tive bargaining may apply to the Board to be certified as the bargaining agent ofthe employees in the unit.

(13) Section 38(2)(

a) presently reads:

(2) When the Board is satisfied that the unit on behalf of which the trade union is applying for certification is an appropriate unit for collective bargaining, (

a) it shall further satisfy itself that a majority ofthe employees in the unit by (

i) membership in good standing in the trade union, or Explanatory Notes

(14) Section 42(3) is amended by adding "or former employer" after "employer" wherever it occurs.

(15) Section 48 is amended by striking out "and the coUective agree ment contains provision for" arui substituting "and the parties have agreed to'!

(16) Section 49 is amended (

a) by renumbering it as

section 49(1) and (

i) by adding "or withdrawn by the appUcant" after "by the Board"; (ii) by adding "withdrawal or" after "date ofthe"; (

b) by adding the following after subsection (1);

(2) When the certification of a bargaining agent is revoked, that bargaining agent shaU not negotiate or enter into a col lective agreement or apply for certification for the same or substantiaUy the same unit with the employer named m the revoked certificate for a period of 6 months from the date of the revocation ofthe certificate.

(3) When the Board declares under

section 46 that a bargain- mg agent is no longer entitled to bargain on behalf of em ployees in a unit, that bargaining agent shall not negotiate or enter into a coUective agreement or apply for certification for the same or substantiaUy the same unit with the employer

(ii) having applied for membership in the trade union arui having paid 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 selected the trade union to be a bargaining agent on their behalf, or

(14) Section 42(3) presently reads:

(3) An employer may apply to the Board to revoke the certification of a bargaining agent but only if the employer and the certified bargaining agent have not bargained collectively for a period of at least 3 years (

a) after the date the trade union became the certified bargaining agent, if no collective agreement has been entered into affecting the employer arui the certified bargaining agent, or (

b) after the first fixed date for the termination ofthe collective agree ment, if a collective agreement has been entered into affecting the employer and the certified bargaining agent.

(15) Section 48 presently reads: 48 When notice to commence collective bargaining has been served by either party to a collective agreement and the collective agreement con tains provision for the continuation ofthe agreement beyond a date fixed for the termination ofthe agreement, a continuation is not a bar to an application for (

a) certification as a bargaining agent, (

b) revocation ofthe certification ofthe bargaining agent, or (

c) a declaration that the bargaining agent is no longer entitled to bargain collectively.

(16) Section 49 presently reads: 49 Notwithstanding anything in this Act. if an application for (

a) certification as a bargaining agent. (

b) revocation ofthe certification of a bargaining agent, (

c) a declaration that a bargaining agent is no longer entitled to bar gain collectively. (

d) registration of an employers' organization, or (

e) cancellation of registration of an employers' organization, has been refused by the Board, the applicant shaU not. without the consent ofthe Board, make the same or substantially the same application untU after the expiration of 90 days from the date ofthe refusal Explanatory Notes

who was a party to the coUective agreement for a period of 6 months from the date ofthe declaration ofthe Board.

(17) Section 52(l)(

c) and (2) are amended by striking out "described in the application'!

(18) Section 58(1) is amended by adding ", to the extent that it in fringes on the territory and the trade jurisdiction set out in the reg istration," after "into is'!

(19) Section 74 is repealed and the following is substituted: 74(1) On the service of a notice to commence coUective bargain ing by or on an employer, employers' organization, trade imion or trade imion organization, the employer, employers' organiza tion, trade tmion or trade union organization shaU appoint a person resident in Alberta with authority (

a) to bargain coUectively, (

b) to conclude a coUective agreement, and (

c) to sign a coUective agreement on its behalf

(2) On the request of a party to the coUective bargaining or a mediator, the employer, employers' organization, trade imion or trade union organization shaU provide the party or mediator with the name and address ofthe person referred to in subsection (1).

(20) The following is added after

section 75: 75.1(1) When a trade union organization serves notice to com mence coUective bargaining, the notice must contain or be ac companied by (

a) a Ust of the names and addresses of the trade unions on whose behalf the trade union organization is authorized to bargain coUectively, 8

(17) Section 52(1 )(

c) and (2) presently read: 52(1) On receipt of an application for registration by an employers' or ganization, the Board shall inquire into (

c) whether the employers' organization has as members the majority ofthe employers in the territory and trade jurisdiction described in the application with whom the trade union has established the right of collective bargaining;

(2) For the purpose of determining whether a majority of employers en gaged in the territory and trade jurisdiction described in the application in the construction industry in respect of whom a trade union has estab lished the right of collective bargaining are members ofthe employers' organization applying for registration, the Board may fix a period of time during which any employer so engaged shaU be deemed to be an employer for the purposes ofthe application.

(18) Section 58(1) presently reads: 58(1) Subject to sections 108 and 109. no employer on whose behalf a registered employers' organization has exclusive authority to bargain col lectively and no trade union affected by the registration shall negotiate or enter into individual collective agreements with employers in the territory and trade jurisdiction set out in the registration and any agreement en tered into is void and of no effect.

(19) Section 74 presently reads: 74 On the service of a notice to commence collective bargaining by or on an employer, the employer shall appoint a person resident in Alberta with authority (

a) to bargain collectively, (

b) to conclude a collective agreement, and (

c) to sign a collective agreement on behalf of the employer arui thereupon shaU notify the bargaining agent.

(20) Collective bargaining by trade union organizations and service during collective bargaining. F.xnlanatorv Notes

(

b) a copy of the authorizations given by or binding on the trade unions, and (

c) a Ust of the names and addresses of the chairman and other members of its bargaining committee.

(2) When a trade union organization receives a notice to com mence coUective bargaining, it shaU, within 10 days after the day on which it receives the notice, serve on the employer or em ployers' organization, as the case may be, the Usts and authori zations referred to in subsection (1).

(3) A copy of the Usts and authorizations served under subsec tion (1) or (2) must be filed with the Director.

(4) Upon service of the Usts and authorizations in accordance with subsection (1) or (2), as the case may be, the trade union organization shaU be deemed to be bargaining coUectively for aU the trade unions that are named in the Ust and that gave their authorization.

(5) A trade union may be added to the Ust of trade unions on whose behalf the trade union organization is deemed to be bar gaining coUectively if (

a) the employer or employers' organization and the trade union organization agree to add the trade imion to the Ust, and (

b) an authorization of the trade union is served under sub section (1) or (2), as the case may be.

(6) An authorization under this

section may be given by the president or other official of the trade union and thereupon that authorization shaU be deemed to be the authorization ofthe trade union.

(7) When a trade union has authorized a trade union organiza tion to bargain coUectively on its behalf, the authorization may not be revoked untU (

a) a coUective agreement has been entered into between the trade union organization and the employer or employers' or ganization, or (

b) a strike or lockout commences in accordance with this Act, whichever first occurs. 75.2(1) Anything that is required or permitted to be served by the Director, the Board, a disputes inquiry board, a compulsory arbitration board or the Minister during the course of coUective bargaining may be served m the case of a trade union organiza tion or an employers' organization (

a) personaUy on the chairman or any member of the bar gaining committee of the trade union organization or em-

Explanatory Notes

ployers' organization or by leaving it for him at his address with a person who is apparently at least 18 years old, or (

b) by sending it by registered or certified maU to the address ofthe chairman or any member ofthe bargaining committee of the trade union organization or the employers' organiza tion.

(2) Service on the chairman or a member ofthe bargaining com mittee of a trade union organization in accordance with subsec tion (1) is also good service on aU the trade unions and employees represented by the bargaining committee.

(3) Service on the chairman or a member ofthe bargaining com mittee of an employers' organization in accordance with subsec tion (1) is also good service on the employers represented by the bargaining committee.

(21) Section 77 is repealed.

(22) Section 87 is amended by renumbering it as

section 87(1) and by adding the following after subsection (1):

(2) Only one strike or lockout vote may take place with respect to a dispute.

(23) The following is added after

section 102: 102.1 When the Minister receives the recommendations of a disputes inquiry board on the matters in dispute pursuant to

section 102, he shaU serve the parties to the dispute with a copy of the recommendations and may publish the recommendations received by him in any manner he thinks fit. 102.2(1) If the parties to a dispute accept the recommendations of a disputes inquiry board the recommendations are binding on the parties and shaU be included in the terms of a coUective agreement.

(2) Unless a party to the dispute notifies the Board of its accept ance ofthe recommendations ofthe disputes inquiry board within 10 days after receiving a copy ofthe recommendations fi-om the Minister, the Board shaU supervise a vote on the acceptance or rejection ofthe recommendations by the employees or employers affected by the dispute who are represented by that party. 10

(21) Section 77 presently reads: 77(1) When an employers' organization is established by statute and is given authority by one or more of its members to represent them, the employers' organization may. with the consent ofthe bargaining agent, bargain collectively on a joint basis for those members.

(2) When collective bargaining is commerced uruier subsection (1), it shaU be deemed for the purposes of this Act that the collective bargaining has been carried on by each member that gave its authorization.

(22) Section 87 presently reads: 87 During the open period (

a) a bargaining agent may apply to the Board to supervise a strike vote, or (

b) an employers' organization may apply to the Board to supervise a lockout vote.

(23) Section 102 presently reads: 102(1) If a disputes inquiry board is unable to effect a settlement of a dispute within (a) 20 days ofthe date it is established, or (

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

(2) A disputes inquiry board may report what, in its opinion, ought to be done by each ofthe parties to the dispute.

(3) If more than one member is appointed to a disputes inquiry board the recommendations of a majority ofthe members ofthe disputes inquiry board are the recommendations ofthe board and shaU be signed by those members ofthe disputes inquiry board that concur with the recommen- 10 Explanatory Notes

(3) When the Board supervises a vote under subsection (2), it shaU do so as soon as practicable and shaU notijfy the parties to the dispute ofthe results ofthe vote upon 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 recom mendations are binding on the parties and shaU be included in the terms of a coUective agreement.

(5) If either party to the dispute neglects or refuses to participate in the preparation of a coUective agreement in accordance with subsection (1) or (4), the other party may prepare an 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 shaU submit the agreement to the disputes inquiry board for certification that the agreement accurately incorporates its rec ommendations.

(6) When a disputes inquiry board receives a coUective agree ment pursuant to subsection (5) and is satisfied that it gives effect to its recommendations, the disputes inquiry board shaU certify the coUective agreement as accurately incorporating the recom mendations.

(7) A coUective agreement referred to in subsection (1), (4) or (6) is binding on (

a) the bargaining agent and every employee in the unit on whose behalf it was bargaining collectively; (

b) the employer, where the employer acted on his own be half; (

c) the employers' organization and each employer on whose behalf it was bargaining coUectively, where an employers' or ganization acted on behalf of employers.

(24) Section 105(1) is amended (

a) by striking out "or person acting on behalf of the bargaming agent shaU strike or cause a strike" and substituting ", trade union organization or person acting on behalf of the bargaining agent or trade union organization shaU strike or cause a strike or threaten to strike or cause a strike"; (

b) by repealing clause (

b) and substituting the following: (

b) if a disputes inquiry board is estabUshed before a strike commences, (

i) untU 10 days after the Minister serves a copy of the recommendations of the disputes inquiry board on the parties, or 11

dations. but if there is no majority, the recommendations ofthe chairman shaU be deemed to be the recommendations ofthe board.

(24) Section 105 presently reads in part: 105(1) No employee, bargaining agent or person acting on behalf of the bargaining agent shall strike or cause a strike (

b) if a disputes inquiry board is established before a strike com mences, until 10 days after the Minister notifies the parties of the recommeruiations ofthe disputes inquiry board. 11 Explanatory Notes

(ii) if the Board supervises a vote under

section 102.2, until 72 hours after the Board notifies the parties of the results of that vote,

(25) Section 106(1) is amended (

a) by adding "or threaten to lock out" after "shall lock out"; (

b) by repealing clause (

b) and substituting the following: (

b) if a disputes inquiry board is estabUshed before a lockout commences, (

i) untU 10 days after the Miiuster serves a copy of the recommendations of the disputes inquiry board on the parties, or (ii) if the Board supervises a vote under

section 102.2, untU 72 hours after the Board notifies the parties of the results of that vote,

(26) Section 107(1) is amended (

a) by adding "or threaten to cause a lockout" after "cause a lockout"; (

b) by repealing clause (

b) arui substituting the following: (

b) if a disputes inquiry board is estabUshed before a lockout commences, (

i) imtU 10 days after the Minister serves a copy of the recommendations of the disputes inquiry board on the parties, or (

U) if the Board supervises a vote under

section 102.2, untU 72 hours after the Board notifies the parties of the results of that vote,

(27) Section 113 is repealed. 12

(25) Section 106 presently reads in part: 106(1) No employer shaU lock out (

b) if a disputes inquiry board is established before a lockout com mences, untU 10 days after the Minister notifies the parties of the recommeruiations ofthe disputes inquiry board.

(26) Section 107 presently reads in part: 107(1) No employers' organization shaU cause a lockout (

b) if a disputes inquiry board is established before a lockout com mences, untU 10 days after the Minister notifies the parties of the recommendations ofthe disputes inquiry board.

(27) Section 113 presently reads: 113(1) When a strike or lockout occurs arui either ofthe parties alleges that it is not permitted under this Act. the matter may be referred to the Board.

(2) The Board shaU on receipt of a reference uruier subsection (1) make any inquiry that it considers necessary.

(3) If the Board decides that the strike or lockout is not permitted under this Act. the Board shaU issue a declaration to that effect arui in the declaration may require a person, employee, employer employers' or ganization, trade union and their officers and representatives to cease and desist from doing anything to continue the strike or lockout.

(4) If, after service ofthe declaration uruier subsection (3), the declaration or any requirement of it is not complied with, the Board may file a copy of the declaration with the clerk of the Court in the judicial district in which the strike or lockout occurs and thereupon the declaration is enforce able as an order ofthe Court. 12 Explanatorv Notes

(28) Section 115 is amended by renumbering it as

section 115(1) and by adding the following after subsection (1):

(2) Notwithstanding subsection (1), this Division does not apply to an employment to which Division 1.1 applies.

(29) The following is added after

section 117: Division 1.1 Compulsory Arbitration 117.1(1) This Division appUes to the foUowing: (

a) firefighters who have the right to baiBain coUectively under the Firefighters and Police Officers Labour Relations Act and municipaUties to the extent that they bargain coUectively with those firefighters; (

b) poUce officers of municipal poUce forces who hold ranks lower than that of inspector who have the right to bargam coUectively under the Firefighters arui Police Officers Labour Relations Act and municipaUties to the extent that they bargain coUectively with those poUce officers; (

c) employers who operate approved hospitals as defined in the Hospitals Act, and aU the employees of those employers.

(2) No employee to whom this Division appUes shaU strike.

(3) No employer shaU lock out employees to whom this Division appUes.

(4) This Division operates notwithstanding any other provision of this Act. 117.2(1) If a dispute affecting an employment to which this Division appUes cannot be resolved, either or both parties to the dispute may request the Board to recommend that the Minister estabUsh a compulsory arbitration board.

(2) On receipt of a request by either party under subsection (1), the Board shaU as soon as possible send a copy ofthe request by ordinary maU to the other party or serve the other party with a copy of the request in accordance with this Act, 117.3 When a request for the establishment of a compulsory arbitration board is made, the Board (

a) if it is satisfied that the parties to the dispute have faUed to make reasonable efforts to conclude a coUective agreement, may direct the parties to continue coUective bargaining and may prescribe the procedure or conditions under which coUective bargaining is to take place; 13

(5) Nothing in this

section or in

section 18 excludes the jurisdiction ofthe Court with respect to the matters referred to in this section.

(28) Section 115 presently reads: 775 The parties to a dispute may agree in writing to request the Minister to refer the matters in dispute to a collective bargaining arbitration board whose decision will be binding.

(29) Compulsory arbitration. 13 Explanatory Notes

(

b) if it is satisfied that the dispute is appropriate to refer to a compulsory arbitration board, may recommend to the Min ister that he estabUsh a compulsory arbitration board m ac cordance with this Division. 117.4(1) If the Minister agrees to estabUsh a compulsory arbitra tion board, he shaU notify tiie parties to the dispute in writing accordingly and require each of them within 10 days to appomt a person to act as a member ofthe arbitration board.

(2) The 2 persons appointed under subsection (1) to act as mem bers of a compulsory arbitration board shaU appoint a 3rd person to act as a member and chauman ofthe arbitration board within 10 days ofthe date the 2nd person is appointed. 117.5(1) If a party to the dispute faUs to appoint a person as a member of a compulsory arbitration board, the Minister may appoint a person to act as a member.

(2) If the 2 persons appointed as members of a compulsory ar bitration board faU to appoint a person to act as a member and chairman, the Minister may appoint a person to act as a member and chairman.

(3) The expenses ofthe persons appointed under subsections (1) or (2) or

section 117.4 shaU be paid (

a) in the case of a person appointed by a party to a dispute, by that party, and (

b) in the case ofthe chairman or a person appointed by the Minister, by the Govemment.

(4) If a vacancy occurs in the membership of a compulsory ar bitration board, it shaU be fiUed in the same manner as provided for the appointment ofthe member or chairman, as the case may be.

(5) The members of a compulsory arbitration board have the powers of a commissioner under the Public Inquiries Act.

(6) A judge of the Court of Appeal or of the Court of Queen's Bench may be appointed as a member of a compulsory arbitra tion board. 117.6 When 3 persons are appointed to act as members of a compulsory arbitration board, the Minister, by notice in writing to the chairman, shaU (

a) estabUsh the members as a compulsory arbitration board, and (

b) Ust the items in dispute to be resolved by the compulsory arbitration board. 117.7(1) On receipt of a notice under

section 117.6, the compul sory arbitration board shaU inquire into the items m dispute and endeavour to effect a settlement. 14

14 Explanatory Notes

(2) If the compulsory arbitration board is unable to effect a set tiement, it shaU consider tiie position ofthe parties on each item m dispute and determine what method or combination of meth ods of arbitration it shaU implement to resolve the items in dis pute.

(3) Without restricting the generality of subsection (2), the method or combmation of methods of arbitration determined under that subsection may include the metiiod of arbitration known as "final offer selection'! 117.8 To ensure that wages and benefits are fair and reasonable to the employees and employer and are in the best interest ofthe pubhc, the compulsory arbitration board (

a) shaU consider, for the period with respect to which the award wiU apply, the foUowing: (

i) wages and benefits in private and pubUc and union ized and non-unionized employment; (

U) the continuity and stabiUty of private and pubUc em ployment, including (

A) employment levels and incidence of layoffs, (

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

C) opportunity for employment; (iU) fiscal poUcies of the Govemment; and (

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

i) the terms and conditions of employment in simUar occupations outside the employer's employment taking into account any geographic, industrial or other varia tions that the board considers relevant; (ii) the need to maintain appropriate relationships in terms and conditions of employment between different classification levels within an occupation and between oc cupations in the employer's employment; (iU) the need to estabUsh terms and conditions of em ployment that are fair and reasonable in relation to the qufdifications required, the work performed, the respon sibiUty assumed and the nature ofthe services rendered; (iv) any other factor that it considers relevant to the mat ter in (Uspute. 15

15 Explanatory Notes

117.9(1) As soon as possible after a dispute is referred to it, the compulsory arbitration board shaU make an award and in its award shaU deal with each item in dispute.

(2) An award of a majority of the members of a compulsory arbitration board is an award of tiie compulsory arbitration board, but if there is no majority, the award ofthe chairman is the award ofthe compulsory arbitration board.

(3) The Arbitration Act does not apply to arbitration under this Division. 117.91(1) On making an award the compulsory arbitration board shaU prepare a document in the form of a coUective agreement setting out (

a) the terms and conditions that were agreed to by the par ties, and (

b) the terms and conditions that were the subject of an award under

section 117.9 and shaU file a copy of it with the Minister and serve a copy of it on the employer or employers' organization and the bargaining agent or trade union organization.

(2) The Minister may pubUsh an award in any manner he considers fit. 117.92 A document prepared under

section 117.91(1) consti tutes a coUective agreement and is binding on (

a) the bargaining agent and every employee in the unit on whose behalf it was bargaining collectively; (

b) the employer, where the employer acted on his own be half; (

c) the employers' organization and each employer on whose behalf it was bargaining coUectively, where an employers' or ganization acted on behalf of employers. 117.93(1) If a question arises conceming an award under

section 117.9, the Minister may direct the chairman ofthe 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 shaU forward a copy of the decision to the Minister and the parties to the dispute and the decision is binding on the persons and oiganizations referred to in

section 117.92.

(3) If the decision has the effect of amending the coUective agree ment constituted under

section 117.91(1), the agreement shaU be deemed to be amended accordingly. 117.94(1) If a strike of employees to which this Division appUes commences, the employer, notwithstanding any coUective 16

16 Explanatory Notes

agreement or any other provision of this Act, may suspend the deduction and remittance of union dues, assessments and other fees payable by an employee to the bargaining agent with respect to a bargaining unit or part of a bargaining unit, and shaU forth with notify the bargaining agent ofthe suspension.

(2) A bargaining agent affected by the suspension under subsec tion (1) may apply to the Board for a determination as to whether or not a strike has occurred.

(3) Unless sooner revoked by the employer, the suspension under subsection (1) shaU continue (

a) if the Board determines that no strike has occurred, untU the time of that determination, or (

b) if the Board determines that a strike has occurred, untU the end of the period referred to in subsection (5).

(4) If the Board is satisfied that no strike has occurred, it shaU order the employer to resume deduction and remittance of union dues, assessments and other fees payable to the bargaining agent and to deduct and remit such amounts as the Board considers necessary to make up for the deductions suspended before the Board's determination.

(5) If the Board is satisfied that a strike has occurred, it shaU confirm the suspension under subsection (1) and order that the suspension continue for a period of not less than 1 month and not more than 6 months fi"om the date the suspension first took place.

(6) Notwithstanding any coUective agreement or any other provision of this Act, an employee does not become ineUgible for employment with an employer only because he fails to pay union dues, assessments or other fees the deduction and remittance of which have been suspended under this section.

(7) On the expiration ofthe suspension period the employer shaU resume the deduction and remittance of union dues, assessments and other fees in accordance with the coUective agreement.

(8) No provision may be made in a coUective agreement in sub stitution for the suspension of the deduction and remittance of union dues, assessments and other fees under this section.

(30) Section 120(

a) is repealed and the following is substituted: (

a) If a difference arises between the parties to or persons bound by this collective agreement as to the

interpretation, application, operation or contravention or alleged contravention of this agree ment or as to whether such a difference can be the subject of arbitration, the parties agree to meet and endeavour to resolve the difference. 17

(30) Section 120(

a) presently reads: 720 If a collective agreement does not contain the provisions required uruier

section 118. the collective agreement shaU be deemed to contain those of the following provisions in respect of which it is silent: (

a) If a difference arises as to the

interpretation, application, opera tion or contravention or alleged contravention of this agreement or as to whether that difference can be the subject of arbitration, the parties agree to meet and endeavour to resolve the difference. 17 Explanatory Notes

(31) Section 132 is repealed and the following is substituted: 132(1) When a business or undertaking or part of it is sold, leased, transferred or otherwise disposed of so that control, management or supervision of it passes to a purchaser, lessee, transferee or person acqmring it, the Board may, on the application of any person, employer or trade union affected or on its own motion, (

a) if a trade union or trade unions are certified in respect of the business, undertaking or part of it, amend or cancel any certificate and declare that one or more certificates or certifi cates as amended are in effect or remain in effect and apply or wUl apply to the purchaser, lessee, transferee or person acquiring the business or imdertaking or part of it, (

b) declare which trade union or trade unions shaU be the bargaining agent for a unit or units of employees of the pur chaser, lessee, transferee or person acquiring the business, un dertaking or part of it, (

c) if one or more coUective agreements are in force with respect to the business, undertaking or part of it, amend or cancel any or aU ofthe coUective agreements and declare that one or more coUective agreements or coUective agreements as amended are in effect or remain in effect and bind or wiU continue to bind the purchaser, lessee, transferee or person acquiring the business, imdertaking or part of it.

(2) When a business or undertaking or part of it is sold, leased, transferred or merged with another business, undertaking or part of that business or undertaking or is otherwise disposed of and the employees affected by a certification of a bargaining agent or by a coUective agreement are intermingled with other employees, the Board may, on the appUcation of any person, employer or trade union affected or on its own motion, (

a) if a trade union or trade unions are certified with respect to the business, imdertaking or part of it, amend or cancel any certificate and declare that one or more certificates or certificates as amended are in effect or remain in effect and apply or wiU apply to the purchaser, lessee, transferee or per son acquiring the business or undertaking or part of it; (

b) declare which trade union or trade unions shaU be the bargaining agent for a unit or units of employees of the pur chaser, lessee, transferee or person acquiring the business, un dertaking or part of it; (

c) if one or more coUective agreements are in force with respect to the business, undertaking or part of it, amend or cancel any coUective agreements and declare that one or more coUective agreements or coUective agreements as amended are in effect or remain in effect and bind or wiU continue to bind the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it. 18

(31) Section 132 presently reads: 132(1) When a business, undertaking or any other activity or part of it is sold, leased, transferred or otherwise disposed of so that control, manage ment or supervision of it passes to a purchaser lessee, transferee or person acquiring it, then (

a) the purchaser lessee or transferee or person acquiring the business, undertaking or any other activity or part of it is bound by aU proceed ings, where there have been proceedings under this Act, as if he had been a party to the proceedings, (

b) if a trade union is certified, the certification remains in effect and applies to the purchaser lessee or transferee or person acquiring the business, undertaking or any other activity or part of it, and (

c) if a collective agreement is in force, the collective agreement con tinues to bind the purchaser lessee or transferee or person acquiring the business, undertaking or other activity or part of it to the same extent as if the coUective agreement had been signed by him arui no changes shaU be made in the collective agreement during its term without approval ofthe Board. and the Board may. on application of any employer or trade union af fected, and after any inquiry that the Board considers adequate, make a determination of all questions arising under this section.

(2) When a business, undertaking or other activity or part of it is sold, leased, transferred or merged with another business, undertaking or other activity or otherwise disposed of and the employees affected by a certifi cation of a bargaining agent or by a collective agreement are intermingled with other employees, the Board may. on the application of any person or trade union affected (

a) determine whether the employees concerned constitute one or more appropriate units for collective bargaining. (

b) declare which trade union or trade unions, if any, shaU be the bargaining agent or agents on behalf ofthe employees. (

c) amend, to the extent the Board considers necessary, any certificate issued to any trade union or any bargaining unit defined in any col lective agreement, and (

d) 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. shaU terminate. and before disposing ofthe application, the Board may make any inquiry, require the production of any evidence and the doing of any thing or hold any vote that it considers appropriate. 18 Explanatory Notes

(3) In a proceeding under subsection (1) or (2) the Board may make any inquiries, require the production of any evidence or hold any votes that it considers necessary and may determine any questions arising under this section.

(32) Section 137(3) is amended (

a) in clause (

a) by striking out "or" at the end of subclause (v), by repealing subclause (vi) arui by substituting the following: (vi) has participated in any strike that is permitted by this Act, or (vii) has exercised any right under this Act; (

b) in clause (

d) by adding ", dismissal" after "intimidation'!

(33) Section 138 is ameruied by striking out "and no person acting on behalf of a trade union" and substituting "or trade union organi zation and no person acting on behalf of a trade union or trade union organization'!

(34) Section 139 is amended by striking out "or bargaining agent' and substituting ", bargainmg agent or trade union organization'!

(35) Section 141(1) is repealed and the following is substituted: 141(1) Subject to subsections (2) and (3), any employer, employ ers' organization, employee, trade union, trade union organiza tion or other person may make a complaint in writing to the Board that there has been or is a faUure to comply with any provision ofthe Act that is specified in the complaint.

(36) Section 142 is ameruied (

a) in subsection (5) (

i) by striking out "or other person has faUed to comply with

section 71, 136, 137, 138 or 140 or any provision of those sections, the Board may" and substituting ", trade union or- 19

(32) Section 137(3)(a)(vi) and (

d) presently read:

(3) No employer or employers' organization and no person acting on be half of an employer or employers' organization shaU (

a) refuse to employ or to continue to employ any person or discrim inate against any person in regard to employment or any term or condition of employment because the person (vi) has participated in a strike that is permitted by this Act or exercised any right under this Act; (

d) seek by intimidation, threat of dismissal or any other kirui of threat, by the imposition of a pecuniary or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of a trade union;

(33) Section 138(

a) presently reads: 138 No trade union arui no person acting on behalf of a trade union shaU (

a) seek to compel an employer or employers' organization to bargain collectively with the trade union if the trade union is not the bargain ing agent for a unit of employees that includes employees ofthe em ployer;

(34) Section 139 presently reads: 139 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 bar gaining pursuant to

section 73 or the provisions of a collective agreement, shall refuse (

a) to meet arui commence to bargain collectively in good faith, or (

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

(35) Section 141(1) presently reads: 141(1) Subject to subsections (2) arui (3), any employer employers' orga nization, employee, trade union or other person may make a complaint in writing to the Board that there has been or is a failure to comply with

section 71 or sections 136 to 140 or any provisions of those sections.

(36) Section 142(5) presently reads:

(5) When the Board is satisfied after an inquiry that an employer em ployers' organization, employee, trade union or other person has failed to comply with

section 71, 136. 137. 138 or 140 or any provision of those sections, the Board may rectify the act in respect of which the complaint is made arui without restricting the generality of the foregoing 19 Explanatory Notes

ganization or any other person has faUed to comply with any provision of this Act that is specified in a complaint, the Board may issue a directive to"; (ii) by repealing clause (

a) and substituting the following: (

a) may issue a directive to the employer, employers' or ganization, employee, trade union, trade union organiza tion or other person concemed to cease doing the act in respect of which the complaint was made; (iii) in clause (b) (

A) by striking out "in the same or a subsequent directive require the employer, employers' organization, employee, trade union" and substituting "issue a directive to require the employer, employers' organization, employee, trade union, trade union organization"; (

B) in subclause (i), (ii), (iv) and (

v) by striking out "those sections" arui substituting "this Act"; (

b) in subsection (6) by adding ", trade union organization" after "agent" wherever it occurs; (

c) by adding the following after subsection (7):

(7.1) A directive under subsection (5)(

a) to cease a strike or lockout that is not permitted under this Act is binding on the employer, employers' organization, employee, trade union, trade union organization or other person to whom it is di rected with respect to the strike or lockout referred to in the directive and any fiiture strike or lockout that occurs for the same or substantiaUy simUar reason.

(7.2) Nothing in this

section or in

section 18 excludes the jurisdiction of the Court with respect to strikes or lockouts that are not permitted by this Act.

(37) Section 152 is amended by adding the following after clause (b): (b.

l) compulsory arbitration board; 20

(

a) shaU issue a directive to the employer employers' organization, employee, trade union or other person concerned to cease doing the act in respect of which the complaint was made; (

b) may in the same or a subsequent directive require the employer employers' organization, employee, trade union or other person (

i) to reinstate any employee suspended or discharged contrary to those sections; (ii) to pay to any employee or former employee suspended or discharged contrary to those sections compensation not exceeding a sum that, in the opinion ofthe 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 sus pended or discharged; (iii) to reinstate or admit a person as a member of a trade union; (iv) to rescind any disciplinary action or pecuniary or other pen alty taken or imposed contrary to those sections; (

v) to pay to a person compensation not exceeding a sum that, in the opinion ofthe Board, is equivalent to the pecuniary or other penalty imposed on a person contrary to those sections; (vi) to pay to an employee in respect of a faUure to comply with

section 137 compensation not exceeding a sum that, in the opin ion of the Board, is equivalent to the remuneration that would have been paid to the employee by the employer if the employer had complied with that section; (

c) may. notwithstanding anything in this Act. (

i) certify or refuse to certify a trade union as 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 rights of a bargaining agent voluntarily recognized; (iv) register or refuse to register an employers' organization as an agent for collective bargaining on behalf of employers in a trade jurisdiction arui territory in the construction industry; (

v) cancel or refuse to cancel the registration certificate of a reg istered employers' organization.

(37) Section 152 presently reads: 152 The Minister may prescribe the remuneration and expenses to be paid to mediators, persons referred to in

section 148(6) and members of a (

a) disputes inquiry board; (

b) collective bargaining arbitration board; (

c) Public Emergency JYibunai 20 Explanatory Notes

Liquor Control Act 3(1) The Liquor Control Act is amended by this section. (2) Sections 10(3) and 58(2)(

b) are repealed. Public Service Act 4(1) The Public Service Act is amended by this section.

(2) Section 12(1) is amended by striking out", so that the total com pensation for each class in the plan may remain comparable with that offered by private and public employees having regard to the relative levels ofthe classes'! Public Service Employee Relations Act 5(1) The Public Service Employee Relations Act is amended by this section.

(2) The following is added after

section 11: 11.1 Except when this Act otherwise provides, if anything is required or permitted to be served under this Act it shaU be deemed to be properly served if it is served (

a) in the case of an individual, (

i) personaUy or by leaving it for him at his last or most usual place of abode with some person who is apparently at least 18 years old, or (

U) by mailing it to him by registered maU or certified maU at his last known post office address; (

b) in the case of a trade union, (

i) personaUy on the president, secretary or an officer of the trade union or by leaving it for him at his address or at the office of the trade union with some person who is apparently at least 18 years old, or 21

Liquor Control Act 3(1) This

section will amend

chapter L-17 ofthe Revised Statutes of Alberta 1980. (2) Sections 10(3) and 58(2)(

b) presently read:

(3) Except as otherwise provided in the regulations, the Public Service Employee Relations Act applies to any person employed by the Board pursuant to subsection (l)(a).

(2) The Lieutenant Governor in CouncU may make regulations (

b) providing for the exemption of employees or classes of employees of the Board from the application of the Public Service Employee Relations Act; Public Service Act 4(1) This

section will amend

chapter P-31 ofthe Revised Statutes of Alberta 1980.

(2) Section 12(1) presently reads: 12(1) The Minister, with the approval of the Lieutenant Governor in Council, shall establish an Official Pay Plan for each classification plan established under

section 9 showing in each case a salary range for each class in the classification plan, so that the total compensation for each class in the plan may remain comparable with that offered by private and public employees having regard to the relative levels ofthe classes. Public Service Employee Relations Act 5(1) This

section will amend

chapter P-33 ofthe Revised Statutes of Alberta 1980.

(2) Service of documents. 21 Explanatory Notes

(ii) by sending it by registered or certified mail to the address of the president, secretary or an officer of the trade union. 11.2 Except where this Act otherwise provides, if it is necessary to prove service of anything for the purposes of this Act, (

a) if service is effected personaUy, the actual date on which it is served is the date of service; (

b) if service is effected by registered maU or certified maU, it shaU be deemed to have been served 5 days after the date of mailing; (

c) if service is effected by leaving it with a person apparently at least 18 years old, it shaU be deemed to have been served on the date it was so left.

(3) Section 21 is amended (

a) in subsection (1) (

i) by repealing clause (

a) and substituting the following: (

a) who has or exercises managerial duties and responsi- biUties in relation to one or more persons or in relation to the formulation, development or administration of pol icies or programs, (ii) in clause (

b) by adding "including, without Umitmg the generaUty ofthe foregoing, payroU, health and safety or train ing programs" after "programs"; (iii) by repealing clause (

c) arui substituting the following: (

c) in the Personnel Administration Office estabUshed under the Public Service Act or in a personnel office of an employer other than the Crown in right of Alberta or in any capacity reqmring him to deal on behalf of an em ployer with any matter related to coUective bargaining under this Act, (iv) by repealing clause (

g) and substituting the following: (

g) in a position classified under the Public Service Act as (

i) a budget officer, (

U) a systems analyst, (iu) an auditor, (iv) a disbursement control officer, or (

v) a hearing officer who hears matters under the

Summary Convictions Act. 22

(3) Section 21 presently reads: 21(1) A person employed by an employer (

a) who has or exercises managerial duties and responsibilities in relation to the formulation, development and administration of poli cies or programs. (

b) who is primarily engaged in the administration of personnel pol icies or personnel programs. (

c) in the Employee Relations Division ofthe Personnel Administra tion Ofiice established under the Public Service Act or in any capacity requiring him to deal on behalf of an employer with any matter re lated to collective bargaining under this Act. (

d) pursuant to

section 78. (

e) who is required by reason of his duties and responsibilities to rep resent the employer in a procedure established pursuant to a collective agreement for the resolution of differences, (

f) as an ofiicer under the Labour Relations Act dealing with any matter related to collective bargaining under that Act. (

g) in a position established uruier the Public Service Act that is class ified as (

i) a budget ofiicer (ii) a systems analyst, or (iii) an auditor. (

h) in an investigative or research capacity in the office of the Om budsman. (

i) as an ojficer ofthe Legislative Assembly or in a position on the staff of the Legislative Assembly requiring him to be involved in mat ters of a confidential nature, whether or not those matters relate to the regulation of relations between an employer and his employees. 22 Explanatory Notes

or performing for an employer substantiaUy simUar duties to a person employed in any of those positions, (

v) by repealing clauses (

h) and (

i) and substituting the follow ing: (

h) in the office of (

i) the Ombudsman, (

U) the Auditor General, or (iu) theChief Electoral Officer, (

i) as an officer or member of the staff of the Legislative Assembly, (i.

l) in the Legislative Counsel Office ofthe Department of the Attorney General, (

b) by repealing subsection (2) and substituting the following:

(2) If a question arises over whether a person is or is not included under subsection (1) and the matter cannot be set tled by the employer and the bargaining agent, the question may be referred to the Board and its decision is final and binding.

(4) The following is added after

section 52: 52.1 The expenses ofthe persons appointed under

section 51 or 52 shaU be paid (

a) in the case of a person appointed by an employer or a bargaming agent, by that employer or bargaining agent, and (

b) in the case ofthe chairman or a person appointed by the Board, by the Govemment. ^5)

Section 55 is repealed and the following is substituted: 55 To ensure that wages and benefits are fair and reasonable to the employees and employer and are m the best interest of the pubUc, the arbitration board (

a) shaU consider, for the period with respect to which the award wiU apply, the foUowing: (

i) wages and benefits m private and pubUc and union ized and non-unionized employment; (

u) the continuity and stabUity of private and public em ployment, including (

A) employment levels and incidence of layoffs, (

B) incidence of employment at less than normal working hours, and 23

(

j) in the office of (

i) the Lieutenant Governor, (ii) a member ofthe Executive Council, or (iii) the Executive Council. (

k) on the personal staff of (

i) a deputy Minister or assistant deputy Minister or a person who has comparable duties and responsibilities, or (ii) a person referred to in clause (b), (

c) or (f), (

I) who in the opinion ofthe Board should not be included in a bar gaining unit or any other unit for collective bargaining by reason of the duties and responsibilities he has to his employer shall not be included in a bargaining unit or any other unit for collective bargaining.

(2) If a question arises under subsection (1) as to whether a person is or is not to be included in a bargaining unit or any other unit for collective bargaining which cannot be settled by the persons concerned, the question shaU be referred to the Board arui its decision is final and biruiing.

(4) Payment of members of arbitration board.

(5) Section 55 presently reads: 55 In the conduct of proceedings before U an arbitration board shaU consider (

a) the interests ofthe public; (

b) the terms and conditions of employment in similar occupations outside the employer's employment including any geographic, iruius- trial or other variations that the arbitration board considers relevant; (

c) the need to maintain appropriate relationships in the terms and conditions of employment as between different classification levels within an occupation and as between occupations in the employer's employment; (

d) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature ofthe sen/ices rendered; 23 Explanatory Notes

(

C) opportunity for employment; (ui) fiscal poUcies ofthe Govemment; and (

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

i) the terms and conditions of employment in simUar occupations outside the employer's employment taking into account any geographic, industrial or other varia tions that the board considers relevant; (ii) the need to maintain appropriate relationships in terms and conditions of employment between different classification levels within an occupation and between oc cupations in the employer's employment; (iu) the need to estabUsh terms and conditions of em ployment that are fair and reasonable in relation to the qualifications required, the work performed, the respon sibiUty assumed and the nature of the services rendered; (iv) any other factor that it considers relevant to the mat ter in dispute.

(6) The following is added after

section 92: 92.1(1) Notwithstanding anything in this Act, the Judicature Act or any other Act, when an action occurs that either party consid ers to be a strike or lockout, no injunction before trial shaU be granted ex parte to (

a) a party to the dispute, or (

b) any other person or party to restrain a party to the strike or lockout fi-om doing any act in connection with the strike or lockout.

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

(3) If members of a trade union are the defendants or intended defendants, 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 proposed to be restrained or a person engaged in that activity.

(4) The notice of motion shaU 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 ofthe motion. 24

(

e) any other factor that to U appears to be relevant to the matter in disnutp

(6) Injunctions and suspension of dues check-off 24 Explanatory Notes

92.2(1) If a strike commences, the employer, notwithstanding any coUective agreement or any other provision of this Act, may suspend the deduction and remittance of union dues, assess ments and other fees payable to the bargaining agent by an em ployee with respect to a bargaining unit or part of a bargaining unit, and shaU forthwith notify the bargaining agent of the sus pension.

(2) A bargaining agent affected by the suspension under subsec tion (1) may apply to the Board for a determination as to whether or not a strike has occurred.

(3) Unless sooner revoked by the employer, the suspension under subsection (1) shaU continue (

a) if the Board determines that no strike has occurred, untU the time of that determination, or (

b) if the Board determines that a strike has occurred, untU the end ofthe period referred to in subsection (5).

(4) If the Board is satisfied that no strike has occurred, it shall order the employer to resume deduction and remittance of union dues, assessments and other fees payable to the bargaining agent and to deduct and remit such amounts as the Board considers necessary to make up for the deductions suspended before the Board's determination.

(5) If the Board is satisfied that a strike has occurred, it shaU confirm the suspension under subsection (1) and order that the suspension continue for a period of not less than 1 month and not more than 6 months from the date the suspension first took place.

(6) Notwithstanding any coUective agreement or any other pro vision of this Act, an employee does not become ineUgible for employment with an employer only because he faUs to pay union dues, assessments or other fees the deduction and remittance of which have been suspended under this section.

(7) On the expiration ofthe suspension period the employer shaU resume the deduction and remittance of union dues, assessments and other fees in accordance with the coUective agreement.

(8) No provision may be made in a coUective agreement in sub stitution for the suspension of the deduction and remittance of union dues, assessments and other fees under this section.

(7) Section 93(1) is amended by adding "or trade union" after "per son'!

(8) The following is added after

section 93: 93.1(1) Any trade union that causes or attempts to cause a strike contrary to

section 93 is gmlty of an offence and Uable to a fine not exceeding $1000 for each day that the strike continues. 25

(7) Section 93(1) presently reads: 93(1) No person shaU cause or attempt to cause a strike by the persons to whom this Act applies.

(8) Offences and penalty. 25 Explanatory Notes

(2) Any officer or representative of a trade union who strikes or causes or consents to a strike contrary to

section 93 is guUty of an offence and Uable to a fine not exceeding $ 10 000.

(3) Any person who is not a trade union or an officer or repre sentative of a trade union who strikes or causes a strike contrary to

section 93 is guilty of an offence and Uable to a fine not ex ceeding $1000.

(9) Section 95 is amended by striking out "93(1) or'!

(10) The

Schedule is amended by adding the following after

section 5: 6(1) The Liquor Control Board, to the extent that it acts as the employer of employees other than employees employed in the foUowing offices or departments: (

a) the office of the Board; (

b) the office of the General Manager, (

c) the Licensing Department; (

d) the Permit Department.

(2) The employees ofthe Liquor Control Board other than those employees referred to in clauses (

a) to (

d) of subsection (1). Transitional, Repeal and Commencement 6 On the coming into force of

section 1(5) (

a) a collective agreement entered into under the Firefighters and Policemen Labour Relations Act with respect to fireftghters, or police officers who hold ranks lower than that of inspector, shaU be deemed to be a collective agreement for the purposes of the provisions of the Labour Relations Act that apply to those fire fighters and police officers, arui (

b) any proceedings or action taken under the Firefighters and Policemen Labour Relations Act shall continue to its conclusion and be treated for aU purposes as if this Act had not come into force. 7(1) In this

section "employees" means the employees ofthe Liquor Control Board other than those employees employed in the following offices or departments: (

a) the office ofthe Board; (

b) the office ofthe General Manager; (

c) the Licensing Department; (

d) the Permit Department. 26

(9) Section 95 presently reads: 95 A person who contravenes

section 93(1) or 94(1) is guilty of an offence and liable to a fine of not more than $10 000.

(10) Exemption of Liquor Control Board employees. Transitional, Repeal and Commencement 6 Transitional. 7 Transitional. 26 Explanatory Notes

(2) On the coming into force of

section 5(10) (

a) the bargaining agent ofthe employees as certified uruier the Public Service Employee Relations Act or by virtue of

section 99 of that Act shall be deemed to be the certified bargaining agent of those employees for the purposes ofthe Labour Relations Act, (

b) a collective agreement entered into under the Public Service Employee Relations Act with respect to the employees shaU be deemed to be a collective agreement under the Labour Relations Act, and (

c) any proceedings or action taken under the Public Service Em ployee Relations Act by or with respect to the employees shall continue to its conclusion and be treated for all purposes as if

section 5(10) had not come into force. 8 The Health Services Continuation Act is repealed. 9 This Act comes into force on Proclamation. 27

8 Repeals

chapter 21 of the Statutes of Alberta, 1982. 27 Explanatory Notes Title: 1983 (20th, 1st) Bill 44, Labour Statutes Amendment Act, 1983

Document details

Collection	Alberta — Bills
Citation	L20 S1 3664
Type	bill
Volume / chapter	L20 S1 3664
Language	en
Format	json
Source	PROVINCIAL
Identifier	dc857ada3412357dd868f135dac3248765b58f94

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