Bill 114 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 114 Public Service Employee Relations Amendment Act, 1983 (Legislature 20, Session 1)

L20 S1 3733

Alberta — Bills

1983 BILL 114 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 114 PUBLIC SERVICE EMPLOYEE RELATIONS AMENDMENT ACT, 1983 MR. SHRAKE " "-1 First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 114 Mr. Shrake BILL 114 1983 PUBLIC SERVICE EMPLOYEE RELATIONS AMENDMENT ACT, 1983 (Assented to , 1983) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Public Service Employee Relations Act is amended by this Act. 2

Section 3 is amended (

a) by repealing subsection (3) and substituting the following:

(3) The Lieutenant Govemor in Council may appoint not more than 2 altemate chairmen, in addition to the persons appointed under subsection (2), as altemate chairmen of the Board to act as chairman (

a) when the chairman is absent or unable to act, or (

b) on the request of the chairman, and when an altemate chairman is so acting he is the chair man for all purposes. (

b) in subsection (4) by striking out "altemate chairman" and substituting "altemate chairmen". 3

Section 9(1) is amended by adding the following after clause (p): (

q) a person is included in or excluded from a unit; 4

Section 22 is amended (

a) in subsection (1) by adding "or training to become members of" after "are members of"; (

b) in subsections (2) and (3) by adding "or persons training to become members" after "members" wherever it occurs.

Explanatory Notes 1 This Bill will amend

chapter P-33 of the Revised Statutes of Alberta 1980. 2

Section 3(3) and (4) presently read:

(3) The Lieutenant Governor in Council may appoint a person, in addi tion to the persons appointed under subsection (2). as alternate chairman of the Board to act as chairman (

a) when the chairman is absent or unable to act. or (

b) on the request of the chairman, and when the alternate chairman is so acting he is the chairman for all purposes.

(4) The chairman, alternate chairman and other members of the Board shall receive such remuneration, and travelling and living expenses for their services as the Lieutenant Governor in Council determines. 3

Section 9(1) presently reads in part: 9(1) The Board is empowered to decide for the purposes of this Act whether (

p) a person is or is not included under

section 21(1); and the Board's decision is final and binding. 4

Section 22 presently reads: 22(1) Those persons who are members of (

a) the medical profession, (

b) the dental profession. (

c) the architectural profession. (

d) the engineering profession, or (

e) the legal profession, 1 Explanatory Notes

Section 29 is amended by adding the following after subsection (2):

(2.1) If more than one trade union has applied for certification as the bargaining agent for the same unit of employees, the Board may conduct a vote of the employees in the unit to determine which trade union the majority of the employees wish to be the bargaining agent on their behalf 6

Section 49(2)(a), (

b) and (c), (3) and (4) are amended by striking out "arbitral". In accordance with

section 4(1) of the

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

and who practise their profession as a condition of employment, shall not be included in a bargaining unit or any other unit for collective bargaining unless the Board directs that the members of the profession be included in the unit pursuant to subsection (2).

(2) The Board may direct that members of a profession referred to in subsection (1) be included in a bargaining unit or any other unit for col lective bargaining if (

a) it is satisfied that the majority of the persons employed by an employer who are members of the profession wish to be included in the unit, and (

b) it has allowed affected employers, bargaining agents and any other person or organization interested in the matter and whom the Board agrees to hear to present any facts or arguments they feel are relevant.

(3) For the purpose of determining a majority under subsection (2), only those members of the profession who would not be excluded from a bar gaining unit or any other unit for collective bargaining under

section 21(1) are entitled to vote or otherwise express an opinion on the matter 5 Vote to decide competing applications for certification. 6

Section 49(2), (3) and (4) presently read:

(2) A request by either or both of the parties under subsection (1) shall (

a) if it is made by the employer be accompanied by a list of the arbitral items it claims are in dispute and that the employer wishes to be referred to arbitration at that time. (

b) if it is made by the bargaining agent, be accompanied by a list of the arbitral items it claims are in dispute and that the bargaining agent wishes to be referred to arbitration at that time, or (

c) if it is made jointly, be accompanied by a list of the arbitral items that each party claims are in dispute and that each wish to be referred to arbitration at that time.

(3) On receipt of a request by either party under subsection (1), the Board shall as soon as possible send a copy of the request and the list of arbitral items claimed to be in dispute to the other party.

(4) The party receiving the copy of the request for the appointment of an arbitration board shall within 10 days of receipt of the copy and if the party has additional arbitral items to add, send those items to the Board and send a copy of them to the other party to the dispute. Explanatory Notes Title: 1983 (20th, 1st) Bill 114, Public Service Employee Relations Amendment Act, 1983

Document details

Collection	Alberta — Bills
Citation	L20 S1 3733
Type	bill
Volume / chapter	L20 S1 3733
Language	en
Format	json
Source	PROVINCIAL
Identifier	e3490d1880eca8b961c9afb9b5cc5ea6ade660ae

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