1972 Bill 105 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 105 The Crown Agencies Employee. Relations Amendment Act, 1912 HONOURABLE DR. HOHOL First Reading .............................. . Second Reading ..................... _ .... . tfhird Reading ............................. . Printed by L. S. Wall, Queen's Printer, EdIIlPnton

BILL 105 1972 THE CROWN AGENCIES EMPLOYEE RELATIONS AMENDMENT ACT, 1972 (Assented to , 1972) HER MAJESTY, by and with the adV'iee and consent of the Legisl'ative Assembly of Alberta, ena.cts as follows: 1. The Crown Agencies Employee Relations Act is hereby amended.

Section 2 is amended (

a) by striking out clause (

a) and by substitutinq the following clause: (a) "agreement" means (

i) an agreement in writing between an em­ ployer and the Association containing provisions with respect to rates of pay, fringe benefits or other terms or condi­ tions of employment, or (ii) an agreement referred to in s'ection 16; (

b) by striking out clause (

e) and by substituting the following clause: (e) "arbitration board" means an arbitration board appointed pursuant to this Act;

Section 4, subsection (4) is amended by adding to the end thereof the words "for the purposes of this

section and sections 5 to 18".

Section 9 is amended by striking out the words "a mediation board" and by substituting the words "an arbi­ tration board". 5.

Section lOis amended (

a) as to subsection (1) by striking out the words "a mediation board" wherever they occur and by sub­ stituting in each case the words "an arbitration board",

Explanatory Notes 1. This Bill will amend

chapter 79 of the Revised Statutes of Alberta 1970.

Section 2, clauses (

a) and (

e) presently read: 2. In this Act, (a) "agreement" means an agreement in writing between an em­ ployer and the Association 'containing provisions with respect to rates of pay, fringe benefits or other terms or conditions of employment and signed by the parties; (e) "mediati'on board" means a mediation board appointed pursuant to this Act; The amendment to clause (

e) and in sections 9, 10, 11, 12 and 13 change references from "mediation board" to "arbitration board". The changes are necessary due to the implementation of binding arbitration to replace the existing mediation procedure. 3. Sectton 4, subsection (4) presently reads:

(4) Where the members of a negotiating committee established pur­ suant to

section 5 cannot agree as to whether a specific proposal is negotiable the decision of the Minister thereon is final. 4. References to "mediation board" are changed to "arbitration board". 5. References to "mediation board" are changed to "arbitration board".

Section 10, subsection (7) presently reads:

(7) The Minister may provide a mediation board with a secretary and such clerical assistance as to the Minister appears necessary for the efficient carrying out of the duties of the mediation board.

(

b) as to subsection (3) by striking out the words "the mediation board" and by substituting the words "the arbitration board", (

c) as to subsection (4) by striking out the words "a mediation board" and by sUbstituting the words "an arbitration board", (

d) as to subsection (5) (

i) by striking out the words "a mediation board" and by substituting the words "an arbitration board", (ii) in clauses (

d) and (e.) by striking out the words "the mediation board" and by sUbstituting the words "the arbitration board", (

e) as to subsection (6), (

i) by striking out the words "a mediation board" and by sUbstituting the words "an arbitration board", (ii) in clause (

b) by striking out the words "the mediation board" and by sUbstituting the words "the arbitration board", (

f) by striking out subsection (7), (

g) as to subsection (8) by striking out the words "a mediation board" and by sUbstituting the words "an arbitration board".

Section 11, subsections (1) and (2) are amended by striking out the words "a mediation board" and by substi­ tuting the words "an arbitration board". 2

Section 12 is amended (

a) as to subsection (1) by striking out the words "A mediation board" and by substituting the words "An arbitration board", (

b) as to subsection (2) (

i) by striking out the words "a mediation board" and by sUbstituting the words "an arbitration board", (ii) by striking out the words "the mediation board" and by substituting the words "the arbitration board", (

c) as to subsection (3) by striking out the words lOA mediation board" and by substituting the words "An arbitration board", (

d) as to subsection (4) by striking out the words "a mediation board" and by substituting the words " an arbitration bo 3!rd " ,

6. References to "mediation board" are changed to "arbitration board". 7. References to "mediation board" are changed to "arbitration board". 2

(

e) as to subsection (6) (

i) by striking out the words "a mediation baard" and by substituting the words "an arbitration board", (ii) by striking out the ~vords "a mediation baard' and by substituting the words "the arbitratian board". 8. The following

section is added after

section 12: 12.1 In the conduct of proceedings before it and in mak­ ing recommendations in respect 'Of any matter referred ta it the arbitratian 'baard shall consider (

a) the interests of the public; (

b) the canditians of emplayment in similar occupatians outside the employer's employment, including such geagraphic, industrial 'Or other v:l!riatians as the arbitratian board considers relevant; (

c) the need ta maintain apprapriate relationships in the canditians 'Of emplayment as between different classification levels within an oC'0upation and as between .occupations in the employer's employment; (

d) the need to establish terms and canditions of em­ ployment that are fair and reasonable in relatian to the qualifications required, the work performed, the resp.onsibility assumed and the nature of the services rendered; (

e) any other factor that to it appears to be relevant to the matter in dispute.

Section 13 is amended (

a) as to subsection (1) by striking orut the words "the mediation board" and by substituting the words "the arbitration board", (

b) as to subsections (2), (3) and (4) by striking out the words '~a mediation b.oard" and by substituting the words "an arbitration board", (

c) as to subsection (5) by striking out the words "the mediation board" and by substituting the words "the arbitrati.on board". 10. Sections 14, 15, 16 and 17 are struck out and the following sections substituted: 14.

(1) Upon receipt of the recommendations of the arbitration board pursuant to

section 13, the employer and the Asso-ciation shall forthwith prepare -an agreement giv­ ing effect to 3

8. Guidelines for arbitration board. 9. References to "mediation board" are changed to "arbitration board". 10. Arbitration procedure implemented. 3

(

a) the recommendations of the negotiating committee accepted by both the employer and the Association pursuant to

section 8, and (

b) the recommendations of the arbitration board.

(2) If either the employer 'Or the Association neglects or refuses to participate in the preparati'On of an agreement in accordance with subsection (1), ,the other party may prepare the agreement and shall submit the agreement to the arbitration boaird.

(3) Where the arbitration board receives the agreement pursuant to subsection (2) and is satisfied that it gives effect to its rec'Ommendati'Ons, the arbitration board shall certify the agreement as accurate. 15.

(1) Where (

a) any question or disagreement arises as to the mean­ ing of or application of or with regard to anything related to the recommendations of the arbitration board 'Or the preparati'On 'Of the agreement, or (

b) a new question 'Or matter arises which was not dealt with, or was insufficiently dealt with by the arbitration board, the employer or the Association may request the chairman of the arbitration boa:rd to consider or rec'Onsider the matter and make recommendations.

(2) The chairman shall, upon receipt of a request to do so, reconvene the arbitration board and the arbitration board as s'O'On as practicable shall make recommendations to the parties on the matter referred to it.

(3) A recommendation of the arbitration board under this

section shall be treated in the same way that the re­ commendations under

section 13 are treated. 16.

(1) Upon completion of the agreem'ent, the senior executive officer, on behalf 'Of the employer ,and the Presi­ dent on behalf of the Association shall sign the agreement.

(2) If, at the expiration of 10 days after the date upon which the completion of the agreement or of the certifica­ tion by the arbitration board occurred, (

a) neither party to the agreement has signed it, or (

b) one party to the agreement has signed it, the agreement thereupon becomes binding upon the parties as if they had both signed the agreement, and is effective from the day specified in the agreement. 17. Upon an agreement referred to in

section 16 coming into force the rules, regulations or by-laws 'controlling the matters referred to in the agreement shall be appropriately amended, replaced or made. 11. This Act comes into force on the day upon which it is assented to. 4

4 Title: 1972 (17th, 1st) Bill 105, The Crown Agencies Employee Relations Amendment Act, 1972