Bill 59 (Legislature 10, Session 4)

L10 S4 7403

Alberta — Bills

Bill No. 59 of 1947. A BILL RESPECTING THE CONDITIONS OF LABOUR AND THE WELFARE OF EMPLOYEES IN THE PROVINCE. NOTE. This Dill amends and com;olidates the following Act::;: 'l'he liom·s of Wurk Act,

chapter 279, R.S.A., 1942; The Female Mim:mmn Wa.ge Act, chapte~ 283, R.S.A., 1942; The Male Minimum Wage Act,

chapter 282, R.S.A., 1942; The Lalwu1· Welfm ·e Act,

chapter 5, Statutes of Alberta, 1942; The Industr-ial Standards Act,

chapter 312, R.S.A., 1942; The Indust1·-ial Conciliation and A1·bitration Act,

chapter 280, R.S.A., 1942. Only the important changes are dealt with. 'l'he Act ap plies to all employees except persons who are farm labourers or domestic servants in private houses. There is a new definition of "hours of work" in

section 2 (j) . Subsection (3) of

section 8 of the Bill provides that where the Board of Industrial Relations arbitrates a dispute as to arrears of wages, any compromise or settlement arranged shall be binding upon the employers and employees.

Section 11 provides that the working hours shall not ex ceed forty-eight in the "week of not more than six working days". In The Hours of Work Act now in force this reads "week of six working days". The change is intended to meet cases where there is a five-day week. In

section 13 (2) "a monthly report" replaces "a weekly report". In

section 15 (3) the words "or in relation to such longer work period as the Board may deem proper" have been added.

Section 16 (

a) has been changed to make it clear that the Board of Industrial Relations may make the order provided for either general or applying only to a specified part of the Province. In paragraph (

c) of

section 16, which authorizes the Board to prescribe as to the hours at which work shall begin, etc., the words "shall be confined within hours im merliately following commencement of work" are new.

ii In

section 24 (1) (

a) the words "male or female, or both" are inserted because the two Acts now in force dealing with minimum wages, namely, The Male Mininmm Wage Act and The Female Minimum Wage Act are now both incorporated into

Part II of the Bill. For the same reason the words "or sex" are included in

section 24 (2) (a).

Section 24 (6) is new and authorizes the Board to order that work done on a statutory holiday, as defined in the order, be treated as overtime. In

section 25 the words "unless the agreement is approved by the Board" are new. This gives the Board authority in a proper case to permit an agreement at a lower wage than the minimum. In

section 29 dealing with penalties the minimum penalty for a first offence is reduced from twenty-five dollars to ten dollars for each employee affected and a minimum penalty of twenty-five dollars for a subsequent offence is included. In

section 34 the words "or about the premises of" are new.

Section 41 (1) requires employees to be paid within ten days of the expiration of each period of employment which shall be not greater than one month. The last line of sub section (1) is new and enables the Board to fix a maximum period at less than a month in any specified industry.

Section 43 deals with holidays with pay and is consid erably enlarged from the corresponding provision contained in

section 4 (2) (

g) of The Labou1· Welfare Act which was limited to what is paragraph (

a) of

section .43 of the Bill. Paragraphs (b) (

c) and (

d) of this

section are new. Para graph (

c) makes special provisions for persons whose employment is seasonal or intermittent and who do not qualify for holidays with pay under paragraphs (

a) and (b). Paragraph (

d) enables the Board to provide for cases where an employee leaves his employment without having received his annual holiday while clause (ii) of the same paragraph authorizes the Board in specified industries to require an employer to set aside at the end of each pay period an amount set out in the order as holiday credits which may be in cash or stamps if such a system is adopted, which shall be available to the employee as provided in the order. In

section 45 in

Part IV dealing with Industrial Stand ards, the definition of "officer" as being an Industrial Standards Officer is omitted as that office is being abolished and the duties formerly performed by such officers will in future be performed by inspectors appointed generally under the new Act. In the proviso to

section 49 the words "amended or" are new and authorize an application to amend an existing industrial standards

schedule where formerly the applica tion was limited to revocation.

iii

Section 55 provides that the wage rates and hours of work prescribed in a

schedule shall not be less or greater re spectively than those provided in orders of the Board. This applies to all employees. In The Ind'ustrial Standards Act now in force this protection is limited to female employees.

Part V of the Act deals with industrial conciliation and arbitration. "Collective agreement" is defined in

section 57 (

c) so as to make it clear that such agreement shall be in writing and signed by the parties to it. "Trade union" is defined in

section 57 (

i) as meaning any organization of employees, etc. In the Act now in force both "trade union" and "organ ization" were defined, but it is considered that the compre hensive definition of "trade union" in the Bill does away with the necessity for the two

definitions.

Section 59 deals with the procedure leading up to the certification of a bargaining agent and modifies to a con siderable extent the provisions now in the Act. Subsection ( 4) defines the times when a bargaining agent, claiming to have elected as such, may make an application to the Board to be certified, which are,- (

a) at any time, if there is no collective· agreement in force and no bargaining agent has even been certi fied; (

b) where there is no collective agreement but a bar gaining agent has been certified, after expiry of ten months from such certification; (

c) where a collective agreement is in force after the expiry of ten months of the term of the agreement. When the application is made the Board makes an in quiry and report upon the matters set out in paragraphs (a), (

b) and (

c) of subsection (5). Subsection (7) sets out the powers of the Board in determining the merits of the application including where expedient, the taking and super vision of a vote by ballot which vote may be taken on the premises of the employer who is required to place a suitable portion of the premises at the disposal of the Board for that purpose. Subsection (8) provides for the taking of the vote during different shifts; if the employees work in shifts. Subsection (9) provides for the Minister certifying the applicant as bargaining agent if the Board reports to him that it is satisfied of the matters set out in paragraphs (a), (

b) and (

c) of the subsection. Under the Act now in force provision was made for an appeal to the Minister by either an applicant or the employer from the decision of the Board, and the Minister was required to refer the matter to arbitra tion. These provisions are omitted from

section 59 of the Bill. Subsection (10) sets out what follows the certification of a bargaining agent,- (

a) The bargaining agent shall replace any other bar gaining agent and shall have exclusive authority to bargain for thE: employees ;

lV (

b) The certification, if any, of the previous bargaining agent is revoked ; (

c) If at the time of certification a collective agreement is in force, the certified bargaining agent shall be substituted as a party to the agreement in place of the previous bargaining agent and may on two months' notice terminate the agreement. There are also some changes in

section 60 from the pro visions of the present Act. This

section deals with the procedure leading up to the negotiation of a collective agree ment. Subsection (2) requires three clear days' . notice of a meeting to be held for the purpose of collective bargaining. In the present Act the notice required was forty-eight hours. Subse.ction (3) allows service by registered mail. Sub

section ( 4) creates an offence additional to those now in the Act, namely, a refusal on the part of an employer to execute a collective agreement after the terms have been agreed upon. Subsection (1) provides that where the Board has intervened in an attempt to bring about a collective agree ment Qr on the request of the Minister when a dispute exists or is apprehended and reports to the Minister that it has failed to effect an agreement, the Minister, if the Board so recommends, shall refer the matter to arbitration.

Se.ction 61 of the Bill provides by subsection (2) that every collective agreement shall contain a provision for final settlement without stoppage of work of all differences be tween the parties regarding its

interpretation, application, operation or any alleged violation, while subsection (3) pro vides that where any agreement heretofore or hereafter entered into does not contain such a provision, either party to the agreement may apply to the Board to prescribe such a provision.

Section 63 prohibits an employer or employers' organiza tion from interfering with the formation, etc., of a trade union or to contribute financial support to it beyond permit ting an employee or trade union representative to confer with him during working hours, etc., without deduction of wages for the time occupied.

Section 65 is new.

Section 66 is new and prohibits an employee or person act ing for a trade union from using intimidation with a view to encouraging or discouraging membership or activity in a trade union.

Section 88 gives the Lieutenant Governor in Council auth ority to suspend the operation of

Part V of the Bill dealing with industrial disputes in so far as it refers to disputes in the coal mining industry and to authorize the application thereto of the Dominion Act relating to such matters. W. S. GRAY, Legislative Counsel. (This note does 1wt fo1'm any part of the Bill but is o!fe1·ecl in ~xplanation of its provisions.)

BILL No. 59 of 1947.

An Act Respecting the Conditions of Labour and the Welfare of Employees in the Province. (Assented to '19,4.7.) HIS MAJESTY, by and with the advi~e and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. l.. This Act may be cited as "The Alberta Labou1· Act".

INTERPRETATION. 2.

In this Act, unless the context otherwise requires, (a) "Apprentice" or "learner" means any person who receives instruction in any industry; (b) "Board" means the Board of Industrial Relations constituted under the provisions of this Act; (c) "Chairman" means the Chairman of the Board of Industrial Relations constituted under the pro visions of this Act; (d) "Chief Inspector" means the Chief Inspector of the Board of Industrial Relations; (e) "Class of employees" means any class of employees in any class of employment or any body of employees which in the discretion of the Board may be deter mined by it to be a class of employees within the meaning of this Act; (f) "Class of employment" means any trade or occupa tion or any branch of work in any trade or occupa tion, or any process in any trade or occupation, or in any number of trades or occupations, or any work which in the discretion of the Board may be deter mined by it to be a class of employment within the meaning of this Act; (g) "Employee" means and includes every person en gaged in any industry who is in receipt of or entitled to compensation for labour or services performed whether the labour or services is performed on the premises of the employer or of the employee or else where, and whether the compensation is on the basis of time or of the amount of work performed or of piece work, or is otherwise computed;

'•, 2 (h) "Employer" means and includes every person, cor poration, partnership, firm, manager, representa tive, contractor and subcontractor having control and direction of or responsible, directly or indirectly for the employment of and the payment of wages to any employee; ( i) "Employment" includes employment in any indus try, trade, business or occupation; (j) "Hours of work" or "workin'g hours" means the (

k) hours during which an employee works or performs some duty for his employer; "Industry" means and includes every business, call ing, trade, undertaking and work of any nature whatsoever and any branch thereof in which there are employees and employers; (l) "Inspector" means an inspector appointed under the authority of this Act; (m) "Minimum wage" means the minimum wage fixed by the Board under this Act ; (n) "Minister" means the Minister of Trade and Industry; (o} "Order" means any order of the Board of Industrial Relations made under the authority of this Act; (p) "Regulations" means the regulations made by the Lieutenant Governor in Council under the authority of this Act; (q) "Wage" and "wages" includes any compensation for labour or services measured by time, by the amount . of work performed, by piece work or otherwise.

APPLICATION OF ACT. 3'.

This Act shall apply to all persons, employers and em ployees in the Province except persons who are farm labour ers or domestic servants in private houses. ,..., ADMINISTRATION OF ACT. 4, The Minister is hereby charged with the general ad ministration of this Act and, for the purpose of enforcing the provisions hereof, may, with the approval of the Lieutenant Governor in Council, appoint such fit and proper persons as may be necessary as inspectors whose duty it shall be, subject to the direction of the Minister, to enforce the provisions of this Act, and every such inspector is empowered to enter upon any premises whereon any employee is employed and to question any employee apart from his employer with the ob ject of ascertaining whether the provisions of this Act, any

schedule under

Part IV, or any order or regulatien made under this Act is being carried out.

3 BOARD OF INDUSTRIAL RELATIONS. 5.-

(1) There shall be a Board known as the "Board of Industrial Relations" which shall consist of such persons, not more than five in number, as may be appointed by the Lieutenant Governor in Council, and one of such persons shall be designated as the Chairman of the Board.

(2) The presence of a majority of the Board shall consti tute a quorum. ( 3) Notwithstanding any vacancy in the membership thereof, the existing or continuing members of the Board shall have and may exercise all the powers, duties and func tions of the Board. ( 4) The members of the Board shall hold office during pleasure and shall be paid such allowance as remuneration for their services and for the expenses necessari ,ly incurred in the performance of their duties as may be fixed by the Lieutenant Governor in Council. POWERS OF BOARD ON INQUIRY. 6.

For the purpose of any inquiry held pursuant to the provisions of this Act, the Board shall in respect of the in quiry have the like powers as may by law be conferred upon commissioners appointed under The Public Inquiries Act. 7.- ( 1) The Board may from time to time hold an inquiry for the purpose of investigating the facts with respect to,- (

a) any persons engaged or working in any employment as members or alleged members of any partnership or association; (

b) any persons engaged in the execution of any agree ment or scheme of profit sharing or co-operation or joint contract; and in any such inquiry may investigate the contractual and other relations of the persons so engaged or working as be tween themselves or as between them and their master or employer.

(2) If after the holding of such inquiry under the pro visions of subsection ( 1) as the Board considers adequate the Board is of the opinion that the partnership, association, agreement, or scheme and the engagement or working of those persons in connection therewith as aforesaid are in tended or have the effect, either directly or indirectly. of defeating the due and equitable application of this Act in limiting hours of work or in respect of the payment of a minimum wage or in any other respect, the Board may make an order applying the appropriate provisions of this Act in respect of the partnership, association, agreement or scheme in whole or in part and prohibiting by any person of any act or thing in connection therewith set out in the order; and the. order shall be published in The Alberta Gazette and there upon shall take effect and be binding on all persons engaged

4 or working as aforesaid to whom the order is made applic able with like force and effect as if the partnership, asso ciation, agreement or scheme in whole or in part were an industry and the persons so engaged or working were em ployees therein,.

(3) Every person who contravenes any order made under subsection (2) or does any act or thing prohibited by an order so made shall be guilty of an offence and liable on

summary conviction to a penalty of not more than two hun dr~d and fifty dollars and costs, or in default of payment to imprisonment for a term of not more than three months, and in the case of a subsequent offence shall be liable on

summary conviction to a fine of not more than five hundred dollars and costs and in default of payment to imprisonment for a term of not more than six months and to the suspension or cancel lation by the Minister of any license held by him under Thf. Licensing of Trades and! Businesses Act. 8.- ( 1) The Board shall have and exercise such duties and powers as may from time to time be assigned to it by the provisions of this or any other Act.

(2) In particular and without limiting the generality of the foregoing, the Board may arbitrate in cases of dispute between employers and employees over hours, wages, and terms and conditions of employment, and may adjust, com promise and settle such disputes, and may collect on behalf of any employee or employees any arrears of wages or any moneys due for overtime or otherwise, and may accept such moneys so collected in full or partial settlement of the lia bility of any employer to any employee and may do such other matters and things as may be necessary for the per formance of the duties assigned to the Board py the pro visions of this or any other Act.

(3) Any adjustment, compromise or settlement made pursuant to subsection (2) shall be binding upon the em ployers and employees concerned, and the Board shall be under no liabiJity to the employees or any of them with respect to the adjustment, compromise or settlement other than the payment to the employees or their nominees of the amounts collected hereunder. 9.- ( 1) The Board or the Chairman of the Board or any inspector appointed pursuant to this Act is hereby em powered to,- (

a) inspect and examine all books, pay-rolls and other records of any employer which in any way relate to the wages, hours of labour or conditions of employ ment affecting any employee; (

b) take extracts from or make copies of any entry in such books, pay-rolls and records; (

c) require any employer to make or furnish fuH and correct statements, either orally or in writing in such form as may be required, respecting the wages paid to all or any of his employees, and the hours of

5 labour and conditions of their employment; and to require the statements to be made by the employer on oath or to be verified by his statutory declaration; (

d) require any employee to make full disclosure, pro duction or d~livery to him of all records, documents, statements, Writings, books, papers, extracts there from or copies thereof which the employee may have in his possession or under his control, or other infor- · mation either verbal or in writing, and either verified on oath or otherwise as may be directed, which may in any way relate to the wages, hours of labour or conditions of the employment.

(2) An employer, his agents and servants shall furnish all necessary assistance to an inspector to enable him to make an entry, inspection, examination or inquiry in relation to the industry carried on, on the premises of the employer.

(3) Each member of the Board and each inspector shall have power to administer oaths and take affidavits and sta tutory declarations required or authorized to be made under the provisions of subsection (1) and to certify to the same having been administered or taken.

(4) Any person who wilfully delays or obstructs an in spector in the exercise of any power given to him under this

section or who fails to comply with any request made by the inspector under this section, or who fails to produce any books, papers, documents, files, pay-rolls or records which he is required to produce or who conceals or attempts to conceal an employee or who seeks to prevent him from appearing before or being examined by an inspector shall be guilty of an offence and liable on

summary conviction to a fine of not less than ten doHars and costs and not more than two hun dred dollars and costs, and in default of payment to imprison ment for a term not exceeding three months. RECORDS. 10.- ( 1) Each employer shall keep in each place of busi ness operated by him in the Province a true and correct record in the English language of the wages paid to and the hours worked or hours on duty each day by each of his em ployees and such record of hours shall be compiled daily.

(2) In addition to the record required by subsection (1), each employer shaH also keep a record in the English lan guage of the name, age and residential address of each of his employees.

(3) The records required to be kept by employers under the provisions of this

section shall be preserved and retained by the employer for a period of twelve months from the time when each record was made.

(4) The Board may require any emplo~er to,- (

a) furnish the names, addresses and ages of all em ployees and such further information respecting wages, hours and days and conditions of labour as may be require.d ;

6 (

b) produce for inspection at a place named by the Board any books, records, pay-rolls, contracts of employ ment and all such other records as may be deemed necessary.

(5) The Board may by notice in writing given to an em ployer require him forthwith or within a time to be set out in the notice, to make provision for the true and correct regis tration of the hours of work of each of his employees with respect to starting time, stopping time, and rest intervals, by means of time-clocks or in such manner as the Board may direct; and each employer shall comply with and observe the requirements and directions of the Board set out in any notice given to him pursuant to this subsection. I

PART I. HOURS OF WORK. DETERMINATION OF HOURS OF WORK. 1.1. Subject to the exceptions provided by or under this Act, the working hours of an employee in any industry shall not exceed eight in the day and forty-eight in the week of not more than six working days. 1.2. Where in any employment the hours of work on one or more days of the week are fewer than the daily limit, the daily limit may be exceeded on any of the remaining days of the week provided the weekly limit is not exceeded thereby: but in no case under the provisions of this

section shall the daily limit be exceeded by more than one hour without the approval of the Board. 1.3.-

(1) The limit of hours of work prescribed in

section 11 may be exceeded in case of accident or in case of urgent work to be done to machinery or plant or in case of unfore seeable or unpreventable circumstances but only so far as may be necessary to avoid serious interference with the ord inary working of the undertaking.

(2) Each employer shall send to the Board a monthly re port in writing as to every day upon which the limit of hours of work is exceeded under the provisions of this

section and such report shall be sent by mail in a duly prepaid cover addressed to "The Chairman of the Board of Industrial Relations, Edmonton", not later than three days following the last day of the calendar month in which the said limit is exceeded, and the report shall set out the reason for the ex cess, the names of the employees employed in excess of the limit and the extent of the excess in respect of each employee. 1.4.-

(1) The provisions of

section 11 shall not apply to a person holding a position of supervision or management or

7 employed in a confidential capacity so long as the duties per formed by him are entirely of a supervisory or managerial character and do not comprise any work or duty customarily performed by other employees.

(2) In case of dispute the Board may determine whether or not the position held by any person or the capacity in which he is employed is such as to bring him within the scope of subsection (1), and the decision of the Board shall be final. 15.-

(1) Each employer shall allow each of his em ployees twenty-four consecutive hours of rest in each conse cutive period of seven days unless the Board orders that said hours of rest may be allowed in two periods, or unless the Board orders that a period of rest in excess of twenty-four hours in each consecutive period of seven days be allowed.

(2) Upon the application of an employer, the Board may inquire into the conditions of the employment, the operations of which are ordinarily continuous and, after making any such inquiry, make an order excepting that employment wholly or in part from the provisions of subsection (1), a11d may make such other provision as it deems necessary as to the days of rest which are to be allowed to the employees in the employment.

(3) Any order made pursuant to this

section may provide for consecutive rest periods in relation to a work period of four weeks, or in relation to such longer work period as the Board may deem proper. 16. The Board may hold an inquiry as to the conditions prevailing in any employment and may by order,- (

a) prescribe that the maximum hours of work of an employee in the employment shall be less than the maximum provided by

section 11; and any such order shall be general in its application unless it is made applicable by its terms to any designated part or parts of the Province in which case it shall be ap plicable only in such part or parts of the Province so designated; (

b) prescribe the periods of time which shall be allowed to employees for rest periods and provide as to what shall and what shall not be regarded as rest periods; (

c) prescribe that the hours of work shall be confined within hours immediately following commencement of work and the hours of the day at which work shall begin and end respectively either generally or with respect to ~ny designated employment or class of employment or with respect to any designated em ployee or class of employees, and prohibit the em ployment of such employee or class of employees other than during the hours prescribed. 17. Each employer shall notify his employees by means of the posting of notices in conspicuous places in the works

8 or other suitable place or by such other method as may be approved by the Board, the hours at which work begins and ends, and where work is carried on by- shifts, the hours at which each shift begins and ends i said hours shall be so fixed that the duration of the work shall not exceed the limits prescribed by or under this Part or

Part IV and when so notified they shall not be changed except with sucl~ notice and in such manner as may be approved by the Board. 18. Each employer shall keep a record in the form pre scribed by the Board ot all additional hours worked pursuant to

section 13 or pursuant to any regulations made under

section 19 and shall furnish the Board with a copy of the record. 19-. The Board may, with the approval of the Lieutenant Governor in Council, make such orders as are considered necessary or advisable determining,- (a) . ' \1 ., . I I • I r""t (b) (

c) I' I I• I ..

J;l (' •' the permanent exceptions that may be allowed to an employer or employers engaged in any work which must necessarily be carried on outside the limits laid down for the general working of any industry or for certain classes of employees whose work is essenti ally seasonal or intermittent; and all permanent exceptions made hereunden shall forthwith be pub lished in The Alberta Gazette and thereupon shall have the same force and effect as if incorporated ip this Act; the temporary exceptions that may be allowed so that any employer or employers engaged in any in dustry may deal with exceptional cases of pressure of work; , the extent to which the hours of work prescribed in sec;tion 11 may be exceeded in those :processes which are requ\red py reason of the nature of the process tq be carried on, continuously by a succession of shifts; bu~ regulations under this pa,ragraph shall be made only after inquiry and the Board shall fix the maximum of additional hours in each instance. 20.

The Board, after due inquiry and with the approval of the Lieutenant Governor in CouncH may from time to time exemp,t any industry or any class thereof in whole or in part from the operation of this Part or for such seasons or por tions of the year as it may consider necessary or expedient having regard to the nature and conditions of the industry, the conqitions of employment and the welfare of the employees. 21. Any employer who neglects or fails to notify his em ployees of the hours of work as required by

section 17 or who employs any person outside the hours fixed in accordance with that

section shall be guilty of an offence and liable on

summary conviction to a fine of not more than one hundred

9 dollars and costs for each employee affected, and on default of payment to a term of imprisonment not exceeding sixty days. 22. The provisions of this Part shall not in any way limit or affect the provisions of The Coctl Mines Regulation Act.

PART II. MINIMUM WAGES.

INTERPRETATION. 23. In this Part unless the context otherwise requires, "overtime" means any time worked by an employee,- (

a) during any one day in excess of nine hours or during any time which is in excess of any lesser daily hours of work prescribed pursuant to

Part I for the type or class of employment in which the employee is engaged; (

b) during any one week in excess of forty-eight hours or during any time which is in excess of any lesser weekly hours of work prescribed pursuant to

Part I for the type or class of employment in which the employee is engaged. FIXING MINIMUM WAGE. 24.-

(1) After the holding from time to time of such inquiry as the Board considers adequate or without the hold ing of any inquiry, the Board may with the approval of the Lieutenant Governor in Council make an order,- (

a) fixing a minimum wage for employees, male or female, or both, or different minimum wages for employees, male or female, or both, in different em ployments and in different classes or descriptions· of any employment at such rate and in such manner as the Board in its discretion considers advisable; and (

b) directing that no employer affected thereby shall employ any employee at a rate of wages less than the minimum wage so fixed.

(2) Without limiting the generality of the provisions of subsection (1), the Board may by its order,- (

a) apply the minimum wage so fixed to all employees or to any group or class of employees in any industry or to any group or class or sex of employees in all or in any two or more industries; (

b) fix a different minimum wage to be paid to em ployees in the same industry in different parts of the Province; (

c) fix a minimum wage applicable only in the part or parts of the Province designated in the order;

(cl) (e) (f) 10 fix the minimum wage upon an hourly, daily, weekly or monthly basis ; fix the minimum wage payable for overtime, which may be fixed on the basis of adding to the ordinary wages paid a percentage of such wages; exempt from the operation of this Part or any order made hereunder any group, class or description of employees in any industry.

(3) Every order of the Board fixing a minimum wage shall apply throughout the Province, unless its application is by its terms restricted to some designated part or parts of the Province.

(4) Every such order or further or other m·der of the Board may provide for making or prohibiting deductions from the minimum wage. ( 5) In any case where meals or lodgings are furnished by any employer to an employee to whom a minimum wage fixed by the Board applies, the Board may investigate the matter, and if in the opinion of the Board the price to be charged by the employer for the board or lodging or both unduly affects the wages of the employee, the Board may make an order fixing a maximum price to be charged by the employer for the board or lodging or both furnished to that employee, or fixing a maximum price to be charged by the employer for the board or lodging or both furnished by him to any group of his employees or to his employees in any industry.

(6) Notwithstanding any other provision of this Part, in any such order the Board may provide that an employee working on a statutory holiday as defined in the order be paid aF the rate provided for overtime.

(7) Any such order or further or other order of the Board may fix a series of minimum wages to come into operation succes~ively on the expiration of specified periods, and may make such series applicable in respect of periods of learning or apprenticeship.

(8) Where the Board makes an order fixing a minimum wage with regard to a class of employees who are learning any class of employment it may also make such order as it may think necessary for securing the effective instruction of such employees.

(9) In the case of any employees classified by the Board as handicapped or as part time employees or as apprentices or learners, the Board may by permit in writing authorize the payment of a wage less than the minimum wage fixed under subsection (1), and may in any case limit and define the number of · handicapped employees, or part time em ployees or apprentices or learners to whom the lesser wage fixed under this sub"section may be payable by any employer. 25. Any agreement by an employee to '".rork for less than the minimum wage fixed by the Board with respect to the trade or occupation in which he is engaged shall, unless the

11 agreement is approved by the Board, have effect as if the minimum wage were stipulated for therein. 26.-

(1) If any employee is paid less than the minimum wage to which he is entitled under this Part, the employee shall be entitled to recover from his employer, in a civil action, the difference between the amount paid and the amount of the minimum wage, ·with costs of action; but no action shall be brought by an employee under this

section whether before or after the termination of the services, un less the action is commenced within twelve months from the date upon which the cause of action first accrued, and unless,- (

a) where the employee has terminated his services, he gives notice in writing to the employer within six months of his leaving the employment of his inten tion to bring an action as provided for herein; (

b) where the employee has not terminated his services, he gives notice in writing to his employer within six months of the making of a· minimum wage order af fecting his employment, or within six months of his entry into the employment, whichever event is later, of his intention to bring an action as herein provided. (2) Subsection (1) shall apply only with respect to the wages of an employee during the period of six months last preceding the termination of his services or the taking of civil action by him pursuant to that subsection, whichever event first occurs. 2'7.

Where an employee being a person to whom a mini mum wage fixed by the Board applies is an apprentice or learner his employer shall not receive directly or indirectly from him or on his behalf or on his account any payment by way of premium. FAIR WAGE. 28.-

(1) The Board, with the approval of the Lieutenant Governor in Council, may from time to time by order, having made sufficient inquiry into the circumstances, prescribe in respect of any specified industry in the Province or in any specified area or areas thereof or at any specified place or any specified work or undertaking, as the fair rate of wages, such rates of wages for all the classes of employees engaged in the industry or for any specified class or classes of the employees as the Board thinks proper, either for a specified period or until the making of a further order under this section.

(2) Upon the publication of any such order so approved and so long as it remains in effect, the rate of wages pre scribed as a fair wage for the employees to which the order relates, shall be the rate of wages payable·by an employer to such employees.

12 .. PENALTIES. ) • r. , 29. Any employer who contravenes any order of the Board made under this Part by failing to pay the minimum wage fixed by the Board or by charging a price for board or lodging or both in excess of the maximum price fixed by the Board, shall be guilty of an offence and liable on

summary conviction to a penalty of not less than ten dollars and costS' and not more than five hundred dollars and costs for each employee affected; and in addition thereto shall upon con viction be ordered to pay to each employee the difference be twee~1the wages actually paid to him and tHe minimum wagl! fixed oy the Board, and in default of paylnent of the penaltY and any sum ordered to be paid to an employee, the employer shall be liable to imprisonment for a term of not less than thirty days and not more than ninety days, and in the case of a second or subsequent conviction, shall be liable on sum mary conviction to a penalty of not less than twenty-five dollars and cost~ and not more than five hundred dollars and costs for each employee affected, and in default of payment of the penalty and any sum ordered to be paid to an em ployee, shall be liable to imprisonment for a period of not less than two months and not more than six months and to the suspension or cancellation by the Minis~r of any license held by him under Tlte Licensing of Trades artd Businesses Act. 30.

Where an employee by collusion with his employer 011 otherwise works for less than the minimum wage to which he is entitled under this Part, or directly or indirectly returnS! to his employer any part of his wages which has the effect of reducing the wages actually received and retained by the employee to an amount less than the ininimum wage t'o which he is entitled, the employee and tl'te employer shall each be guilty of an offence and liable oh 1

summary conviction to l\ fine of· not more than one hundred doll~rS, in addition to any' other penalties to which he may be liable under this Part. GENERAL. 31. No prosecution for any offenee under this Part shall be commenced or cal,'ried on by any person other than a per son authorized in writing by the Minister so to do. \I' (1 'I! ' l ') ··· --- J( • >!.1'1 l'i i .. 'j ... 1# • , ..-1 1 H ~}/ ~ ( ~~ t t,• ! :J r/H lJ • ':IB ,, ' 0~,, \ l. i If' : '} , ; r, • f) ·, t , { j t (' fJ 1 I 0 'J

PART III. . iq . ''t ,,, o r . . }' tl I ),• ~ LABOUR WELFARE. '· :I( f I h l J f! \: I' t! r , .. l"t' ,; :' .. j '<I' INTERPRETATI\)N. r I 32. In thi.s Part unless the context otherwise requires, (a) "Child" means a person under the age of fifteen' yearsi

13 (b) "Factory" means a factory as defined by or pur suant to The Factm·ics Act; (c) "Office Building" means an office building as defined by The Factories Act; (cl) "Shop" means a shop as defined by The Factories Act. 33.-

(1) The Board may at any time and from time to time hold an inquiry for the purpose of investigating the facts with respect to the welfare of employees in relation to conditions of labour in any employment or industry, and after such inquiry as the Board deems adequate, the Board may, in its sole discretion, make an order prescribing gener ally, having regard to the interests of employers and em ployees, actions to be taken and conditions to be observed for the welfare of employees in any employment or employments or in different classes or descriptions of employment.

(2) Without limiting the generality of the provisions of subsection (1) the Board may by its order,- (

a) prescribe the type of safety outer garments or safety appliances to be worn by employees for the protec tion of the head, eyes, hands, feet, or body of the said employees engaged in any employment, and deter mine, when the Board deems it advisable, the terms and conditions upon which such garments and ap pliances shall be provided by the employer for his employees; (

b) prohibit female employees in any employment and in any class or description of employment from lift ing or carrying burdens, connected with their em ployment, of a greater weight than that prescribed from time to time by order of the Board; (

c) prohibit the employment of a pregnant woman on day shifts for a period of six weeks prior to and a further period of two months after delivery, and on night shifts during the whole period of pregnancy; (cl) in cases where employees are engaged in any em ployment or in any class or description of employ ment operating on a two or three shift basis, require that the shifts shall be rotated at least once every three months or within such other period or in such manner as the Board may deem necessary or advis able; (

e) require any employer who has in his employ over fifty employees in any employment or in different employments or in different classes or descriptions of any employment in an industry to retain the ser vices of an attendant qualified to render first aid service for the welfare of the employees in his employ; (

f) require an employer in any employment or class of employment to provide compartments or lockers for the purpose of storing wearing apparel and other personal belongings or articles of his employees;

(g) (h) 14 exempt from any order of the Board made under this Part any industry or employment wholly or in part; make such other provisions as the Board deems necessary or advisable for the welfare of employees in any industry or employment. 34. No child shall be employed in or about the premises of any factory, shop or office building. 35.-

(1) In any employment in which women are em ployed an inspector may by written direction require the employer to provide and keep therein at all times a sufficient and suitable chair or seat for the use of every such woman employed, and upon receipt of that direction the employer shall permit her to use such chair or seat while engaged in the work or duty for which she · is employed; and the em ployer shall not by an open or covert threat rule or other intimation, express or implied, or by any contrivance, pre vent any female employee from using such chair or seat.

(2) Any person who contravenes any of the provisions of this

section shall be liable on

summary conviction to a fine of not less than ten dollars and costs and not more than thirty dollars and costs, and in default of payment to imprisonment for a period not exceeding thirty days. 36. In any factory or shop,- (

a) if an inspector so directs in writing, the employer shall not allow any person to take meals in any room in which any manufacturing process is being carried on; (

b) after being directed by an inspector in writing so to do, the employer shall at his own expense provide a suitable room or place in the factory or shop or in connection therewith for the purposes of a dining and eating room and also a suitable rest room for persons employed in the factory or shop, no part of the expenses of which shall be payable by or charge able to the wages of the employees. 37.-

(1) The employer in any industry or employment shall,- (

a) keep the premises where his employees are employed in a clean and sanitary condition and free from any effluvia; ( ll) to the satisfaction of the Chairman or Chief In spector provide a sufficient number and description of privies, earth or water closets and urinals for the employees working in such premises including separ ate sets for the use of male and female employees with separate approaches thereto, and shall provide one closet for every twenty-five persons of each sex employed in such premises and shall keep at the

15 entrance of every closet a clearly painted sign indi cating the sex for which such closet is provided, and the closets shall be reasonably accessible to the employees; (

c) keep privies, earth or water closets and urinals in good repair and in a sanitary condition; (

d) heat the premises throughout and regulate the tem perature so as to be suitable for the work to be per .. formed therein and not to be injurioua to the health or comfort of the employees; but in no case shall the temperature be less than sixty degrees Fahrenheit unless authorized by the Chairman or Chief In spector in writing; (

e) ventilate the premises in such a manner as to keep the air reasonably pure and so as to render harmless as far as reasonably practicable, all gases, vapours, dust or other impurities generated in the course of any employment carried on therein that may be in jurious to health; (

f) not allow overcrowding while work is being carried on upon the premises so as to be injurious to the health of the "persons employed therein, the standard to be allowed being three hundred cubic feet of room space for each employee; (

g) provide a wash room, clean towels, soap and a suffi cient supply of wholesome drinking water and pro per drinking cups for employees, and water taps which shall be at least eight feet distant from any water closet or urinal, and also when directed by the Chairman or Chief Inspector in writing, shower baths for the employees; (

h) if a manufacturing process is carried on in any part of the premises which is calculated to wet the fioor to such an extent that the health of any persons em ployed therein is likely to be endangered, provide adequate means for the proper draining of such floors; (

i) in printing offices where there are three or more typesetting machines, linotypes, intertypes, mono types or monolines provide that the melting pots of all typesetting, typecasting and similar machines and apparatus, such as linotype machines, monotype casters, stereotype melting pots, and the like are piped in a proper and efficient manner, so as to ef fectually carry off the noxious fumes and gases aris ing during their operation; and that all melting pots of stereotyping and typecasting devices are properly provided with hoods extending over the melting pots and connected with the aforesaid piping in such manner as to carry off the fumes from the molten metal as well as the burned gas fumes; provided that exhaust fans, blowers or other suitable devices shall in such premises as the Chairman or Chief Inspector orders also be installed for the purpose of further

16 .... · aiding in the discharge of all deleterious matter from composing and other rooms where any of the above machines may be in operation.

(2) In every factory or shop where any process is carried on by which dust is generated and is inhaled by the workers to an injurious eXtent, then the inspector may, if such in halation can be prevented or partially prevented, direct that adequate measures shall be taken within a reasonable time by the employeD for the prevention of inhalation, and the · employer shall comply with the direction given.

(3) No employer shall knowingly permit or suffer any person who is affected with pulmonacy tuber.culosis or with scrofula, or with any venereal disease or with any communi cable skin disease, to work in a factory or shop in which food or food products or materials are manufactured, stored or kept for sale or sold, nor shall any person affected with any of the said diseases work in any such factory or shop. ( 4) No person shall take or be allowed to take food into any room where paint, varnish, dye, whitelead, arsenic or ahy other poisonous substance is exposed or where deleteri ous fumes, dust or gases are known to be present and drink ing water in any such room shall be taken directly from taps or suitable closed receptacles. 38.

Without the written consent of the Chairman or Chief Inspector, no part of any premises used for manufac turing or processing purposes shall be kept or used as a bedroom or sleeping place. 39. No laundry work shall be done in a room in or about a place of employment used for a sleeping or living room or in ~room used for coo~ing, preparjng or eatin~ meals. 40,-

(1) Any woman in any employment working with or about machinery, shafting or belting shall during the working hours,- (

a) wear her hair rolled or plaited and fastened securely or confi.nad in a close-fitting cap or net so as to avoid contact with the said machinery, shafting or belting or with the material being handled; ·•· (

b) refrain from wearing jewelry of any kind which •· might be caught in moving machinery or which might interfere with the safety of sueh employee.

(2) The manager, superintendent, foreman or other person in .charge shall see that employees are adequately notified as to the provisions of this section. 41.-

(1) Each employer shall pay to every employee engaged or employed by him in any employment to which this Act applies, all wages earned by such employee within ten days after the expiration of each period of employment during which the employee has been so engaged or em-

17 played) which: ·:Pemod ot employmehj;:ishall • not be grea~r ·.than one calends~ montli and shalUbe such: shorter pertod rurma be fixed bytJhe Board with respect tmaey industry. • (2l -fn ca~the e~ploiJIIent of an GnihloreJlis terminated - ~'l the emplorer tjie Viag~~ l(Bt;lled by the ~'plone shall be 'paift!*to hiin -by lii~ emPloyer 'Upon the femnnation of the . ~1o2Len't li ~ • ,.. li 'J '· - ~W,P , 3W t · , , f, r•· '!I i • .'• {3). No prose.cqtJon f;Qr 8J1 infuol\ctiOntQf this · s.eetion shall 'be commenct!q or canied on ,by ~ey pefSPrl oth~ than a ~fs~n au tho~ i·n:. w.r-iting by thJ! l\fi}li~ter- so 1'.9 do, J-42.-. (

l) jnt\C~ inE!~tor ~p hl\v;e ~~ JLC:>W~Jt , of a co~ stable and niaf, m the execution qf 1l1s qutie!J ~der this Part, and for the purpose of enforcing the pr(ivlsions of this Part or apy~rder~r;of the Boa'l'd orr ~itten inStructions rof th&- Chairti\an or dmef In.spector,- r (

a) enter, inspEt(}t a\}d exaihine any prenli~ at all reas- 1 t (. bha:bl~ t'imes 1 ~ day or night, wlJ,en he has reason- • a6b~ieause t.n1believe that ~Y person is employed 'lu 1 therein • t r- · - •· > ~ ~f ) 'n'ID~O f h 1 0 • t'i .:1 ~ A J J b 11 t"l\9 ~usuc . e~mm~ 911 an,~ IHq~lf~ ~!}ptay e neces- f .1 ~ary to. ascertain whet~er tivp .J,Jrovisio~ of this Part '· or any orders 'of the Boara 101; ~~ ~written instruc- tions of the Chairman, Chief InspeCtor or an in- - 1 spector lhave qeeil complied With. 1 : {~) ' ~Jn~~tqr, m.

C'\rcy.lng 01JtJ1lifl gutjes under this ~~e¢tion or :when I,11IfP1iCtiJtg 1any P1'emi..§e« ~ be accompan IEtd Df a legllllY q~Jiffitd ni.ea1cal ~ractitio~er, medical health ofJJ,cer or sani'tlry inspector: · ' i I HOLmA'¥S · 'WJ';J}:ij i"4'J:, J r ' . 43. After the holding from time to time of such inquiry a~ the Board consi<lers adeqJJate, the Boarq, with the approv- 11.'1 of the Li'euletia.bt Go~eri1or iii cotmc1l,Ll · f I ·Jl: 1 (

a) may lmaJ[e a:rf r(iet req1,1irinf f\n eJRfflPYE1~~ , Y employment or Cl&sS 1 of emploY:Q1ent ll)J giVe liis Ji 1 employ~ one :we~st annual holidays with regular • pay after one year's employment j and may by the said order or subsequent order reqiiir eJthe employer to.,gi:ve a longer -llmlU&l !J.oliday ~1\9. one. Wi.,k up to- 4L maxjmwh g two w~k's with ~~l~p pay: and by such order establish the lEqJgtJi fff employment whi.ch will entitle the employee 'to a longer annual holi4ay '" up to a IIJaxilnum of two weeks~ holidays If I wi1Jh ~p&Y,' . J • ' I • ( li~ in any order thaae undet i the proVIsiod:t of this

section or in a separate order, may deterl1iiiie the number of hours of work which will constitute a day's work or a week's work, and the number of days worked which will constitute a month and a year respectively, and what the employee's regular wage is and the method of computing the same;

(c) (d) 18 where the employment of any employee is seasonal or intermittent and the time worked in any year does not constitute a year's employment as deter mined by the Board pursuant to paragraph (b) , may make an order requiring the employer to give the employee an annual holiday with regular pay for a period not exceeding two weeks, and by such order may establish the number of days worked in any year which will entitle the employee to receive holidays with pay, and the number of holidays with pay to which the days worked will entitle the em ployee; notwithstanding the other provisions of this section, may make an order,- (

i) providing that where the employment of an employee terminates during the course of a working year in respect of which he has not received an annual holiday, the employer shall on the termination of the employment pay to the employee in addition to all other amounts due to him, such portion of his regular pay as the Board may declare to be a proper portion having regard to the time worked as related to the working year; or (ii) providing that each employer in a s~ecifted in dustry or industries shall give to his employees holiday credits at the end of each working day, working week or other regular pay period in the shape of stamps or otherwise as set out in the order, and prescribing the method of ascertain ing the credits to which the employee shall be entitled, and when he shall be entitled to receive payment in cash for such credits. 44.-

(1) Each employer shall upon request furnish to an employee a statement in writing of wages paid to him for any specified period, setting out,- (

a) the employee's earnings for the period for which the statement is requested including any bonus or living allowance included; (

b) the amount of each deduction from the earnings of the employee and the purpose for which each de duction is made.

(2) Each employer shall upon request give to any employee upon termination of his employment a written statement showing the period of time during which he was employed.

PART IV. INDUSTRIAL STANDARDS.

INTERPRETATION. 45. In this Part unleBB the context otherwise req:uires,- 'lU (a) "Association of employees" means a group of em ployees organized for the purpose of advancing their economic conditions and which is free from undue. influence, domination, restraint or interference by emP.loyers or associations of employerB'1; (b) 1'Sched\jJe" includes al\y

schedule of wages and any

schedule of hours of labour; (c) "Schedule of hours of lal>our" means a

schedule of the maXimum number of hou~s in each day or of days in each week or of •both, which an employee shall be permitted to· work; (d) "Schedule of wages" means a

schedule of the mini mum \yages or remuneration payable to an employee. CONFERENCE~f AND SCHEDULES. I ' 48. The Minister may define ana redefine zones in the various industries for the purpo~ of carrying out the pro visfo~ of this Part and the Regulil.tions. 4'1.

The Minister may, upon the petition of l'epresenta tives of employees or employers in any industry, convene a conference or series of conferences of employees and em ployers engaged in the industry in any one or 'tllore zones, for the purpose of investigating or considering the condition of labour ·and the practices prevailing in the industry and for negotiating standard or llliliorm rates of wages and hours and days of labour in each. industry in the said zone or zones. ' 48.

The employers and employees in attendance at any such conference- may, with respect to any industry in any one or more zones, :formulate in writing schedules 6f1 wages and hours and days of labour for the indulltry affected and any

schedule so formulated may, if agreed upon by a ma jorib' of tlie erltployers and employees so in attendance, be spbmitted to the Minister, and any such

schedule may,- l- , · (

a) establish the maximum number of hours comprising the regular working day and. prescribe the hours ot the ttay during which such hoUl's of work may be performed; (

b) establish the maximum number of hours comprising the regula·r working week; (

c) establish the minimum rates of wages for the regu lar working periods ;

·20 (

d) establish the particular days in the week for the performance of labour in the industry; (

e) establish the rates of wages and the periods for, and the conditions governing, overtime work; (

f) classify the employees and employers and separately provide for each classification with respect to any of the matters which may be dealt with in the schedule; (

g) define any term used in the schedule; (

h) specify the particular operations which are included in the industry; (

i) prohibit overtime work without a permit and auth orize the advisory committee constituted pursuant to

section 52 to issue such permits subject to the terms and conditions of the schedule; (

j) fix the minimum charge which may be paid, accepted or contracted for with respect to the labour content of any service, work, operation or art and with the approval of the Board fix the minimum charge which any employer or employee may contract for or ac cept for any service, work, operation or art; (

k) authorize the advisory committee constituted pur suant to

section 52 to fix a minimum rate of wages lower than the rate fixed by the

schedule for any classification of employees or for any individual who performs work included in more than one classifica tion of employees, or whose work is only partly subject to the provisions of the schedule, or who is handicapped. 49• If, in the opinion of the Minister a

schedule of wages and of hours of labour for any industry is agreed upon in writing by a proper and sufficient representation of em ployees and of employers, he may approve thereof, and upon his recommendation, the Lieutenant Governor in Council may declare the

schedule to be in force, and thereupon the

schedule shall be and continue in force until such time as the Lieutenant Governor in Council declares that it is no longer in force, and while so in force it shall be binding upon every employee and employer in the industry in the zone or zones to which the

schedule applies; Provided always that any employers or employees to whom any

schedule relates may at any time after a

schedule has been in force for a period of twelve months apply to the Minister in writing that it may be amended or declared to be no longer in force; and upon receipt of any such notice the Minister shall fix a day, time and place for inquiring into the circumstances of the application for amending or revoking, as the case may be, and shall give notice thereof to the em ployers and employees affected by the

schedule in such man ner as he thinks proper; and at the day, time and place so fixed or at any adjournment thereof he shall proceed to make an inquiry into the circumstances in such manner as he may determine and if in his opinion it is proper so to do he shall

21 .recommend to the Lieutenant Governor. j,n, Co uncut that the

schedule Be~ amende& or l.l'ev:oked,,as tlie case may nequil'e. J ,) I • I I , I l l ~ : ' I 50! No such ~ched.tlle- s11all beCome e'tf~~ive ulftil fen tl~ys after publication of. the Order •in @ouncil iiP Plte ·.Atllfeita Gazette. · '/It 1 J • j I. • · G 1 51. A*y employer)tfected b~ any">scl1e<ruld alfan c~ u~ a "cop.y ·6£ 1the- schedul~ to' be. postea ifi' a' c<f'~picuo~ \ ]il~ce where 1iis e:nl~loyees ai!e en~g€d in 4he1r d'uties '8{) tliat the same may be readil y! seen' ai\d reid py aUt emDloyees · ~hd further shall cause the

schedule to Be ;tHete miBntainid so long as it remains in force. r,.IJ 1 1 I 1 • ,3 . 52J-u. ~i!' I~ lewry zone or ittfoUP. Of z5nes1 to which aiJJY scl\edl!i'le applies, the e~ployees andT ~ployer&i eng~geifl -th the industly to which-the

schedule applies may establish .'11 advisory committee of not more than five members, one .of whom may act as chairma~, and the advisory committee shall hear complaints of employees and employers to whom the

schedule applies and shall generally assist in enforcing the schedule. "7 r

(2) The constitution of the advisorf, conimittee and the method of filling vacanci~s thereon b\ay bi determined by Regulation. • •• 53.-

(1) No employer shall fail to pay or cause to be paidlto an employee the mihimunr Wage or remuneration of a sum less than is prescribed by a

schedule nor shall d)e r.e qu~e or wroit an e:p~g~oyee P> w1>r~ a gr~ter nu~r of l\Qll~ ~n eac]l ~Y OJT Jl R~ter .nup1~r of days in ~h week tllall _it ~Jrlbed 1bY a ~~·\e. \Vh;i®. scl)edule applies to th~ ind_gstJy in whicb the ~plo~ or et11Di9.Yeli .i#J· engaged and to the zone in wl\ich·.tljp eJp>pioyerls bt.yJine~ ~ located o~ ii1WMr the wo~Jt. .is ~if rDlJ!d, 1 < 1 'I (2) i Any employe r. w.ha violates anyr ~f'the' ' J!rovisions of :subsec:tionn

U) shal b'JJe guilcy- of a:ri toffenee and 'liable on s.ummary convi~tion to· fine. of. not fles!Ji tb,ail ihventy-five dollars and costs and not mo11e than 'On812~undl!ed dollars and !costs; I'Pd in, default of payment,. to imp.risonment for a tprrn not to exceed three ·months , and ih addi&on shall pay tO t}Je e!J!gloyee, ~e fl.lll amoJlllt qf tbe wag~ then fo'\}pd to be un P.aiJ!.IlW!Per the lJ>rovi,sions of the ~he<Jule and iin def~ult of p~went tpe ~ ~id, amoun t, of wagtl-9 plaY be recov~r.aole by d1sb:\~ss !' ~ the lll~~nce of th~ Boarjl. · .. ·• I II • 54;£-· (1~) No employee' shall agree or-\ consent to be em ployed for wages 'Or' remuneration of a1 sum less than he is entitled to, by a scheduleonor shall an employee work a greater !JlWnl:iertof1hours in ea:cht day, or a greater .number o:f 1days ~in .tJ ach week than is prscribed by ther schedule•· which sche- dule applies to the industry in whieh the employee or em ploMer is engagec;l ~nq 11 tne zo;ne in JYhich the emplQyer's bqsiness islocateP.

Olitfn wp.ic~ tl}e \Yqrk'i~t J>t!~OIWed.

(2) Any employee who violates any of the provisions of !lubsection (1) shall be guilty of an offence and liable on :Jummary conviction to a fine of not less than one dollar and not more than ten dollars1 together with costs, and in default of payment to not more tnan ten days imprisonment. 55. The wage rates for employees prescribed by any

schedule shall not be for lesser amounts nor shall the number of hours of labour in each day or the number of days of labour in each week be greater than is provided in or pre scribed pursuant to

Part I and

Part II or any order or regu lation made thereunder. 58. This Part shall not extend to persons employed by the Government of the Province or by any of the Departments thereof or by any municipal corporation or by any board or commission created by any Act of the Legislature.

PART V. CONCILIATION AND ARBITRATION.

INTERPRETATION. 5'1.-

(1) In this Part, unless the context otherwise requires,- ( a) "Bargain collectively" means to negotiate in good faith with a view to the conclusion of a collective labour agreement or an amendment or amendments to an existing agreement, and "Collective bargain ing" shall have a similar meaning; (b) "Bargaining agent" or "Collective bargaining ag ency., means a trade union or organization or association of employees which acts on behalf of employees in collective bargaining with their em ployer or as a party to a collective agreement with their employer, and includes elected or appointed representatives of the employees; (c) "Collective agreement" means an agreement in writ ing between an employer or an employers' organiza tion acting on behalf of an employer, on the one hand, and a bargaining agent of his employees, on behalf of the employees, on the other hand, containing pro visions with reference to rates of pay, hours of work, or other terms or conditions of employment of the employees, and signed by the parties thereto; (d) "Conciliation Commissioner" means a Conciliation Commissioner appointed under the provisions of this Part; (e) "Dispute" means any dispute or difference between an employer and a majority of his employees, or a

majority of a unit or classification of his employees, as to matters or things affecting or relating to work done or to be done by him or them, or as to the privi leges, rights, and duties of employers or employees, and in particular and without limiting the generality of the foregoing, includes all matters relating to,- (

i) the wages, allowance, or other remuneration of employees or the price paid or to l)e paid in respect of employment; (ii) the hours of employment. sex, age, qualifica tions, or status of employees and the mode, terms and conditions of employment; (iii) the employment of children or any person or persons or class of persons, or the dismissal or refusal to employ any particular person or per sons or class of persons; (iv) claims on the part of an employer or an em ployee as to whether and, if so, under what cir cumstances preference of employment should or should not be given to one class over another class of persons being or not being members of labour or other organizations, British subjects. or aliens; (

v) materials supplied and alleged to be bad, unfit, or unsuitable, or damage alleged to have been done to work; (vi) any established custom or usage, either general or in the particular district affected; (f) "Employers' organization" means an organization of employers formed for the purpose of regulating relations between employers and employees; (g) "Lock-out" includes the closing of a place of em ployment or the suspension of work or a refusal by an employer to continue to employ a number of his employees, done with a view to compelling his em ployees or to aid another employer in compelling his employees to accept terms or conditions of employ ment; (h) "Strike" or "To go on strike" includes the cessation of work by a body of employees acting in combina tion or the concerted refusal or the refusal under a common understanding of a number of employees to work for an employer for the purpose of compelling their employer, or to aid other employees in com pelling their employer, to accept terms or conditions of employment; ( i) "Trade union" means any organization of employees formed for the purpose of regulating relations be tween employers and employees.

(2) Any perl:\on who wa~ immediately before the occur rellce of any stril\e or lock-out or before his dismissnl, as the case may be, an employee within the meaning and for the purposes of this Part, shall be deemed to be an employee,-

24 (

a) in the case of a strike or lock-out until the same is terminated; or (

b) in the case of dismissal where an application for the appointment of a Conciliation Commissioner is made under this

Part in respect thereof, until the applica tion has been disposed of; or (

c) in the case of dismissal where an application for the ce1•tification of a bargaining agent has been applied for until the application has been disposed of . . ~n ! • t I ! )ft COLLECTIVE BARGAINING. 58. A collective bargaining agency and the acts thereof shall hot be deemed to be unlawful by reason only that one or more of its objects are in restraint of trade. 59.-

(1) It shall be lawful for employees to bargain col lectively with their employer and to conduct such bargaining through a bargaining agent.

(2) The employees of an employer or specified unit or classification of employees appropriate for collective bar gain may elect a bargaining agent by a majority vote of the employees entitled to vo~.

(3) The employees entitled to vote at a vote taken under the provisions of this

section or of subsection (7) of

section 80 shall be any employee who has been duly admitted to membership iu ~ trad~ ~:~nion who has continued such mem bership for a period of not less than three months and who retains sueh membersHip and is in good standint hccording to the constitution and by-la~s of th~ trade union, and also any employee who bah been in the service of the employer for aJ period of at least three months prior to the taking • of the vote. ' A

(4) The bargammg agent claiming to have been selected under the provisions of this

section may,- (

a) wh~re no collective agreement binding on or entered into on behalf of the employees or of a specified unit or classification of employees, as the case may be, is ·, 1 • in force, and no bargaining agent ha13 beeh certified under this

section at any time; ' (

b) where no collective agreement binding ou or entered into on behalf of the employees or of a specified unit , ., or classification of employees, as the case may be, is , : in force, but a bargaining agent has been certified under this section, after the expiry of ten months from the date of certification of the bargaining agent; (

c) where a collective agreement binding on or entered into on behalf of the emplOyees or of a specified unit ''• I or classification of employees, as the case may be, is " .- in force, at any time after, but not before, the expiry , · 1 1 of ten months of the term of the collective agree- ment;

25 make application to the Board to be certified as the bargain ing agent of the employees of the employer or of a unit of employees, as the case may be.

(5) Upon receipt of an application for certification of a bargaining agent the Minister shall refer it to the Board for inquiry and report upon the following matters,- (

a) whether the trade union, association, or elected representatives claiming to oo the bargaining agent of the employees or of a specified unit or classifica tion of employees, as the case may be, is a proper bargaining agent, and whether it has been elected by a majority of the employees entitled to vote or of the unit or classification of employees, as the case may be; (

b) whether in the case of a unit or classification of em ployees, the unit or classification is in all the circum stances appropriate for collective bargaining; (

c) any other questions of fact which may be material to enable the Board to determine the matter referred to it.

(6) The Board may prescribe the nature of the evidence that the applicant shall furnish to the Board with, or in sup port of. the application and the manner in which the appli cation shall be made and the Board shall complete its inquir ies and report to the Minister within twenty-one days after the matter has been referred to it. (7) 'l'he Board shall, for the purposes of this section, make or cause to oo made such examinations of records or other inquiries as it deems necessary including the holding of such hearings or the taking of such votes as it deems expedient to determine the merits of any application for certification, and any vote taken pursuant to this

section shall be by secret ballot and the Board may give directions as to the manner of taking the vote and the procedure to be fol lowed during, before and after the taking of such vote and if it considers expedient to do so, conduct or su1J€rvise such vote on the premises of the employer, and the employer shall place a suitable portion of the premises at the disposal of the Board for that purpose.

(8) Where a vote for the election of a bargaining agent is taken pursuant to subsection (7) in any plant or industry where the employees work in two or three continuous shifts, arrangements shall be made for the taking of a vote during each of the said shifts if that is necessary in order to give all the employees an opportunity of voting.

(9) If the Board reports to the Minister that it is satisfied ,- (

n) that the employees or the specified unit or classifica tion of employees is approPt·iate for collective bar gaining; ( ll) that the applicant is a proper bargaining agent; and

26 (

c) that a majority of the employees or of a specified unit or classification of employees, as the case may be, has s~lected the applicant to be a bargaining agent on its behalf; the Minister shall certify the applicant to be a bargaining agent on their behalf but if the Board reports that it is not 3atisfied the application shall be refused.

(10) Where a bargaining agent is certified under this section,- (

a) the bargaining agent shall immediately replace any other bargaining agent of employees and shall have exclusive authority to bargain collectively on behalf of the employees and to bind them by a collective agreement. (

b) if another bargaining agent had previously been certified as bargaining agent in respect of the em ployees, the certification of the last mentioned bar gaining agent shall be deemed to be revoked in respect of such employees; and (

c) if, at the time of certification, a collective agreement binding on or entered into on behalf of the employees is in force, the bargaining agent shall be substituted as a party to the agreement in place of the bargain ing agent that is a party to the agreement on behalf of the employees and may, notwithstanding anything contained in the agreement, upon two months' notice to the employer terminate the agreement in so far as it applies to those employees. 60.-

(1) The bargaining agent representing the em ployees or the unit or classification of employe~ duly certi fied in accordance with the provisions of

section 59 may serve upon the employer or employers a notice of a meeting to be held for the purpose of collective bargaining.

(2) The notice shall be served upon the employer·or em ployers at least three clear days before the time of the meet ing and the employer or employers or his or their duly accredited representatives shall attend such meeting for the purpose of bargaining with the representatives of the employees.

(3) Such service may be effected by personal service or by mailing the notice by registered post and the date of mailing shall be deemed to be the date of service. ( 4) An employer refusing or failing to attend or to send a duly accredited representative to a meeting of which he has received notice in accordance with this

section and any employer refusing to bargain or refusing, after the terms of an agreement have been settled, to execute a collective agree ment, shall be guilty of an offence and liable on

summary conviction to a fine not exceeding five hundred dollars and costs for each offence.

(5) No prosecution for any infraction of the provisions of tliis

section shall be commenced or carried on by any per son other than a person authorized in writing by the Minister so to do.

(6) If negotiations for an agreement have continued for thirty days and either party to the negotiations believes that an agreement will not be completed in a reasonable time , it may so advise the Minister indicating the difficulties encoun tered, and may ask the Minister to intervene with a view to the completion of an agreement.

(7) Upon application made pursuant to subsection (6), the Minister may, if he is satisfied that the matter is a proper one for intervention, request the Board to intervene with a view to the completion of an agreement.

(8) Whenever a dispute exists or is apprehended, the Minister may, on his own initiative, if he thinks it expedient so to do, request the Board to intervene with a view to arriv ing at a settlement or prevention of the dispute.

(9) Upon receipt of a request pursuant to subsection (7) or subsection (8), the Board shall forthwith in such manner as it thinks proper, endeavour to effect an agreement or settlement, and shall within fourteen days of receiving the request, report to the Minister setting forth the result of the reference.

(10) In case the report of the Board is to the effect that it has failed to effect an agreement and recommends that the matter be referred to arbitration, the Minister shall forth with refer the matter to arbitration, and shall notify the representative of all parties to the dispute that he has so referred it; the arbitration shall be before a board of three arbitrators, and the provisions of sections 74 to 80, both in clusive, shall mutatis mutandis apply to the arbitration. 61.-

(1) No collective agreement shall be made for a term of less than one year but where the term of an agree ment is more than one year the agreement shall contain or be deemed to contain a provision for the termination thereof at any time after ten months on two months' notice by either party thereto.

(2) Every collective agreement entered into after the coming into force of this Act shall contain a provision for final settlement without stoppage of work of all differences between the parties to or persons bound by the agreement or on whose behalf it was entered into, concerning its interpre tation, application , operation or any alleged violation thereof.

(3) Where a collective agreement whether entered into before or after the coming into force of this Act, does not contain a provision as required by subsection (2), the Board shall, upon application of either party to the agreement, by order, prescribe a provision for such purpose and a provision so prescribed shall be deemed to be a term of the collective

28 agreement and binding on the parties to and all persons bound by the agreement and all persons on whose behalf the agreement was entered into. VOTE ON DIRECTION OF MINISTER. 62.

The Board on the request of the employer or on re ceipt of a petition signed by not less than fifty per centum of the employees entitled to vote, or on the direction of the Minister, may direct a vote to be taken under its supervision on any question involving the relations between the employer and his employees or any unit or classification of the em ployees as to which there is a dispute or as to which it is desirable to have an expression o~ opinion by the employees. UNFAIR LABOUR PRACTICES. 63.

No employer 011 employers' organization, and no per son acting on behalf of an employer or employers' organiza tion, shall participate in or interfere with the formation or administration of a trade union, or contribute financial or other support to it; provided that an employer may, notwith standing anything contained in this section, permit an employee or representative of a trade union to confer with him during working hours or to attend to the business of the trade union during working hours without deduction of time so occupied in the computation of the time worked for the employer and without deduction of wages in respect of the time sp occupied. 64.

No employer hereafter shall insert any clause in any written contract of employment or impose any condition in any verbal contract of employment or continue such clause or condition heretofor~ in effect where such clause or condi tion ~ks to restrllin any employee from exercising his rights under this Part, and any such clause or condition shall be of no effect. 65. No employer. shall interfere with, restrain or coerce any employee in the exercise of any right conferred by this Part. 68.-

(1) Any person who by intimidation, threat of loss of position or employment or by an actual loss of position or employment or by any other threat seeks to compel any person,- ( a.) to refrain from attending any meeting of employees held for the purpose of discussing grievances or selecting a bargaining agent to carry on collective bargaining; or (

b) to refrain from acting as representative to carry on collective bargaining; or (

c) to refrain from engaging in any activities in support of a trade union or a bargaining agent or from mak ing a complaint to a trade union or a bargaining ' · agent or from giving evidence at any inquiry;

29 shall, in ~my such case, be guilty of an offence and liable on

summary conviction to a fine of not more than five hundred dollars and costs.

(2) Nothing contained in subsection (1) shall prevent a trade union from maintaining an existing agreement or entering into a new agreement with an employer or organi zation of employers , whereby all the employees or any unit or classification of employees of the employer or organiza tion of employers are required to be members of a ~pecifiell trade union.

(3) No employee or any person acting on behalf of a trade union shall use coercion or intimidation of any kind with a view to encouraging or discouraging membership in or ac tivity in or for a trade union. 67. Nothing in this Part shall detract from or interfere with the right of an employer to suspend, transfer, lay off, or discharge employees for proper and sufficient cause. CONCILIATION COM MISSIONER. 68.-

(1) Whenever any dispute exists and the parties thereto are unable to adjust it, either of the parties to the dispute may make application to the Minister for the ap pointment of a Conciliation Commissioner.

(2) On application made pursuant to subsection (1), the Minister may, if he is satisfied that the dispute is a proper one for reference to a Conciliation Commissioner, appoint a Conciliation Commissioner, and may at the same time or subsequently refer to him any other dispute of a similar kind between any other employer and his employees ; the decision of the Minister on the application shall be made within three days after the receipt of the application. 69.

Upon the appointment of a Conciliation Commis sioner, the Minister shall forthwith give notice of the ap pointment to the representatives of all parties to the dispute, and shall from time to time give notice of the appointment to the representatives of all parties who may become interested by reason of any dispute of a similar kind being referred to the same Conciliation Commissioner. 70.- ( 1) A Conciliation Commissioner shall, in such manner as he thinks fit, expeditiously and carefully inquire into the dispute and all matters affecting the merits and right :-;ettlement thereof.

(2) In the course of the inquiry the Conciliation Commis sioner may make all such suggestions and do all such things as he deems right and proper for inducing the parties to come to a fair and amicable settlement of the dispute, and he shall hear such representations as may be made on behalf of the parties to the dispute, and shall diligently seek to mediate between the employer and employees.

(3) It shall be the duty of the Conciliation Commissioner to promote conditions favourable to a settlement by endeav ouring to allay distrust, to remove causes of friction, to promote good feeling, to restore confidence, and to encourage the parties to come together and themselves effect a settle ment. 71.

The Conciliation Commissioner shall, within the time limited by the terms of his appointment, not to exceed four teen days, transmit to the Minister a report setting forth the result of the reference : Provided that with the unanimous consent of all parties the time for transmission of the report may be extended beyond fourteen days. 72. Upon receipt of the report the Minister shall forth with transmit a copy of the report to the representatives of all parties to the dispute, and may publish the report in such manner as he sees fit. ARBITRATION. 73.

In case the report of the Conciliation Commissioner is to the effect that he has failed to bring abOut any settle ment or adjustment of the dispute, the Minister shall forth with refer the dispute to arbitration and shall notify the representatives of all parties to the dispute that he has so referred it; the arbitration shall be before a Board of three arbitrators. 7'4.-

(1) The Minister shall forthwith serve notice on the,representatiye of the employer, requiring the employer withi:Q the time limited by the notice, which time shall not exceed seven days, to appoint a person to act as arbitrator on behalf of the employer, and shall forthwith serve notice on the representative of the employees requiring the em ployees within the time limited by the notice, which time shall not exceed seven days, to appoint a person to act as arbitrator on behalf of the employees, and the two arbitrat ors shall appoint~ person to act as third arbitrator, and the third arbitrator shall be chairman of the board of arbitra tion.

(2) Where any of the parties to a dispute is an organiza tion having a president and secretary, notification shall be made to and service shall be made upon the president and secretary, and in every case the Minister shall have power to determine the persons to be notified and served as repre sentatives for the purpose of this Part, and his determination shall be final.

(3) If the employer fails to appoint an arbitrator within the time limited by the notice, the Minister shall appoint a person to act as arbitrator on behalf of the employer. ( 4) If the employees fail to appoint an arbitrator within the time limited by the notice, the Minister shall appoint a person to act as arbitrator on behalf of the employees.

:n

(5) If the two arbitrators fail to appoint a third arbi trator within five days after the day on which the last of the two arbitrators is appointed, the Lieutenant Governor in Council shall appoint a third arbitrator, who shall be chair man of the board of arbitration. BOARD OF ARBITRATION. 75.- ( 1) As soon as the names of the three arbitrators are determined the Lieutenant Governor in Council shall designate them a Board of Arbitration for the purposes of this Part, and the Minister shall deliver to them a statement of the dispute to be inquired into by them.

(2) No person shall be appointed an arbitrator under this Part unless he is a British subject who has resided in Alberta for three years immediately preceding the date of his ap pointment, nor if he has any pecuniary interest in the issue or dispute referred to arbitration, nor if he is acting or has acted within the period of six months before the application for arbitration, as solicitor, counsel or paid agent of either of the parties to the dispute.

(3) Every vacancy in the membership of a Board shall be filled in the same manner as in the case of the original ap pointment of the arbitrator whose ceasing to act caused the vacancy. ( 4) Before entering upon the exercise of the functions of their office, the members of a Board of Arbitration shall re spectively make oath or affirmation before a justice of the peace or other person authorized to administer an oath or affirmation, that they will faithfully and impartially perform the duties of their office, and also that, except in the discharge of their duties, they will not disclose to any person any of the evidence or other matter brought before the Board. which oath or affirmation shall be forthwith filed with the Minister.

(5) Subject to the provisions of The Public Service Act, the Minister may provide the Board with a sec retary, stenographer, and such other clerical assistance as to the Minister appears necessary for the efficient carrying out of the provisions of this Part. ( 6) As soon as possible after the Board is designated it shall, after serving sufficient notice on all parties, proceed to hear and determine the dispute.

(7) If in the opinion of the Minister the Board or any member of the Board after accepting office is unduly or un necessarily deferring or delaying the proceedings for the hearing and determination of the dispute. the Minister may remove the Board or any member of the Board from office, and may serve notice on the representative of the employer, or the representative of the employees, or the representatives of both, or on the remaining members of the Board, if any, requiring within the time limited by the notice, and in the

manner directed by the notice, the appointment of a person or persons to act as arbitrators on the Board in substitution for the member or members removed. PROCEDURE AND POWERS OF BOARD OF ARBITRATION. 76.-

(1) The Board of Arbitration shall have power to determine i.ts own procedure, but shall give full opportunity to all parties to present evidence and to be heard.

(2) It shall be lawful for the members of the Board, by a summons under their hands or under the hand of any one of them, to require the attendance of any person as a witness before them at a place and time to be mentioneq in the sum mons, which time shall be a reasonable time from the date of the summons, and in like manner by summons to require any person to bring and produce before them all documents, writ ings, books, deeds and papers in his possession, custody, or power touching or in anywise relating to or concerning the dispute; and every person named in and served with any such summons shall attend before the Board, and answer upon oath, unless the Board otherwise directs, all questions relating to the dispute and produce all documents, writings, books, deeds, and papers as aforesaid, according to the tenor of the summons.

(3) If any person on whom any summons has been served by the delivery thereof to him or by the leaving thereof at his usual place of abode fails to appear before the Board at the time and place specified in the summons, or, having ap peared before the Board, refuses to be sworn or to make answer to such questions as are put to him by the Board, or to produce and show to the Board all documents, wr-iting~~ books, deeds, and papers in his possession; custody, or power touching or in anywise relating to or concerning the dispute, or if any person is guilty of any contempt of the Board, the Board shall have the same powers to be exercised in the same way as any judge of the Supreme Court in the like behalf; and all gaolers, sheriffs, constables, bailiffs, and all other police officers shall give their aid and assistance to the Board in the execution of its office. ( 4) For the purpose of inquiry the Board shall have the power of administering oaths and any member of the Board may administer an oath.

(5) The Board may accept, ad~it, and call for such evi dence as in equity and good conscience it thinks fit, whether strictly legal evidence or not. 77. The Board of Arbitration or any member thereof, and on being authorized in writing by the Board, any other per son, may without any other warrant than this Act at any time enter any building, mine, mine-workings, ship, vessel, factory, workshop, place or premises of any kind wherein or in respect of which any industry is carried on, or an){ work is being or has been done or commenced, or any matter

33 or thing is taking place or bas taken place, which has been made the subject of a reference to the Board, and inspect and view any work, material, machinery, appliance, or

article therein , and interrogate any persons in or upon any such building, mine, mine-workings, ship, vessel, factory, work shop, place or premises as aforesaid in respect of or in rela tion to any matter or thing hereinbefore mentioned; and any person who hinders or obstructs the Board, or any such per son authorized as aforesaid, in the exercise of any power conferred by this section, or refuses to answer any interro gation made as aforesaid, shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding one hundred dollars and costs. 78.-

(1) Any party to a reference may be represented before the Board of Arbitration by three or fewer than three persons designated by the parties respectively for that purpose.

(2) A pal'ty appearing by a representative shall be bound by the acts of his representative.

(3) If, without good cause shown, any party to pro ceedings before the Board fails to attend or to be represented, the Board may proceed as if the party had duly attended or had been represented. 79.-

(1) The sittings of the Board shall be held at such time and place as are from time to time fixed by the chair man after consultation with the other members of the Board, and the parties shall be notified by the chairman as to the time and place at which sittings are to be held; Provided that, so far as practicable, the Board shall sit in the locality within which the dispute arose.

(2) The presence of the chairman and at least one other member of the Board shall be necessary to constitute a quorum for a sitting of the Board.

(3) In .case of the absence of any one member from a meeting of the Board, the other two members shall not proceed unless it is shown that the third member has been notified of the meeting in ample time· to admit of his attendance.

(4) The decision of a majority of the members present at a Ritiing of the Board Rhall be the decision of the Board, and the findings and recommendations of the majority of it:-; members shall be those of the Board. AWARD OF BOARD OF ARBITRATION. 80.-

(1) After making full inquiry and without undue delay, and in any event not more than fourteen days after the Board of Arbitration is designated pursuant to

section 75, the Board shall make its award, and in its award the

34 Board shall so far as practicable deal with each item of the dispute, and shall state in plain terms, and avoiding as far as possible all technicalities, what in the Board's opinion ought or ought not to be done by the respective parties con .. ~erned; Provided that with the unanimous consent of all parties the time within which the Board shall make its award shall be extended for such time as may be agreed upon by the parties.

(2) The award shall in all cases be retroactive to the date of the application for the appointment of a Conciliation Commissioner or for the intervention of the Minister pur suant to subsection (6) or subsection (8), of se.ction 60, as the case may be.

(3) Tlie Board's award shall be signed by such of the members as concur therein, and shall be transmitted by the chairman to the Minister as soon as practicable after th~ submission of the dispute to the Board.

(4) Where any question arises as to the meaning or application of or as to anything relating to or connected with the award, the Minister may, if he deems it expedient, request from the chairman of the Board an expression of the Board's opinion upon the question, and the chairman shall upon receipt of the request reconvene the Board, and the Board shall as soon as practicable report to the Minister its opinion upon the question.

(5) Upon receipt of the Board's award, the Minister shall forthwith cause a copy thereof to be sent to the res~tive parties to the dispute, and the Minister may publish the award in such manner as he thinks fit.

(6) The parties may, subject to subsection (7), accept or reject the award.

(7) The question of acceptance or rejection of the award shall be submitted to a separate vote by the employees directly affected by the award, and employers (if more than one employer is involved) respectively, and the vote shall be held on such date as may be appointed by the Minister and shall be by secret ballot, and both in the case of the employ ees so directly affected, and of the employers, the Board of Industrial Relations may supervise the taking of the vote, and may give directions as to the taking of the vote similar to those provided for in subsection (7) of

section 59. GENERAL PROVISIONS. PROHIBITION OF STRIKES AND LOCK-OUTS, ETC. 81.-

(1) During the period of time intervening between an application for the appointment of a Conciliation Com missioner under

section 68, or for the intervention of the Minister pursuant to subsection (6) or subsection (8) of

section 60, as the case may be, and fourteen days after the

35 date fixed for the taking of a vote under subsection (7) of

section 80, no employer who is a party to the dispute shall declare or cause a lock-out, nor shall any employees who are parties to the dispute go on strike, nor shall any of the parties alter any of the conditions of employment including wages or hours, but the relationship of employer and em ployee shall continue uninterrupted by the dispute or anything arising out of the dispute. (2) Subsection (1) shall not apply in any case where an application under

section 68 is refused.

(3) Nothing in this Part shall prohibit the suspension or discontinuance of any industry or of the working of any persons therein for any cause not constituting a lock-out or strike.

(4) Notwithstanding anything contained in subsection ( 1) no employees shall go on strike unless and until a vote has taken place under the supervision of the Board of In dustrial Relations, and a majority of the employees affected have voted in favour of a strike.

(5) Where any dispute arises, no employer shall make effective a proposed change in wages or hours or conditions of employment without the consent of the employees, nor shall the employer declare or cause a lock-out, nor shall employees go on strike prior to an application for the appointment of a Conciliation Commissioner under

section 68 or prior to an application to the Minister for interven tion pursuant to subsection (6) of

section 60, as the case may be. 82, Where there is between an employer and a trade union an agreement for the arbitration of disputes approved in writing by the Minister, the employer and the trade uniop shall, so long as the agreement remains in force, be exempt from the provisions of sections 68 to 81 of this Part. 83.

Any employee may by order in writing signed by him, request his employer to apply any part of the moneys due to the employee to the payment of any amount payable by him to any other person for union dues, and the employer shall; from the moneys so due, make the payments as re quested by the order, and such order shall be effective only for the amounts specified therein, and shall continue in force until revoked by the employee. 84. No court shall have power or jurisdiction to enforce any award made under this Part. 85.

No proceedings under this Part shall be deemed invalid by reason of any defect of form or any technical irregqlarity.

36 RETURNS TO MINISTER. 86.-

(1) Each trade union and each branch or local of every such trade un~on shall file with the Minister,- (

a) a copy, duly certified by its proper officers to be true and correct, of its constitution, rules, and by- t, laws containing a full and complete statement of its objects and purpose, and all amendments when made shall be ·likewise certified and filed with the Min ister; (

b) an annual list of the names and addresses of its president, secretary, organizers and other officers as at the thirty-first day of December in each year.

(2) The list mentioned in paragraph (

b) of subsection (1) shall be filed before the thirty-first day of January in each year.

(3) The information required to be filed under this

section shall be used only for the purposes of this Part and shall not be open to inspection by the public. 87.-

(1) The Minister may at. any time request any trade union to deliver to him a general statement of its receipts and expenditures, and any trade union requested so to do shall without delay deliver to the Minister a general statement of its receipts and expenditures for the year preceding the year in which the request is made, verified by the statutory declaration of a responsible official of the trade union, in such form and setting out such particulars and further information as may be required by the Minister.

(2) Every officer of a trade union which makes default in complying with the provisions of subsection (1) shall be guilty of an offence and liable on

summary conviction to a fine of not more than one hundred dollars and costs and in default of payment to imprisonment for a term of not more than thirty days. (3) lny information furnished pursuant to subsection (1) may be used solely by the Minister and officers of the Department of Trade and Industry for the purpose of the compilation and publication of statistical summaries and no such

summary shall set out any particulars of the infor mation contained so as to enable any person to identify particulars as particulars relating to any one trade union.

(4) No person in the service of the Government of the Province shall communicate or allow to be communicated to any person otherwise than is permitted 'by subsection (3) any information obtained under the provisions of sub section (1), nor shall any such person allow anyone not in the service of the Government to inspect or have access to any document by means of which any such information has been obtained, and any person who contravenes any of the provisions of this subsection shall be guilty of an offence and liable on

summary conviction to a fine of not more than one hundred dollars and .costs, and in default of payment to imprisonment for a term of not more than thirty days.

37 88. The Lieutenant Governor in Council may by order declare that on and after a day to be fixed by the order, the provisions of this Part and their operation shall be suspend ed ·and inoperative with respect to every industrial dispute arising in relation to employment in the industry of coal mining so long as the order remains in force, and that in lieu thereof, the provisions of Tke Ind'u,strial Disputes Investigation Act, being

chapter 112 of the Revised Statutes of Canada, 1927, or any Statute of Canada that may be hereafter passed in substitution for the said Act, shall be in full force and effect in the Province with respect to every industrial dispute arising in relation to employment in the industry of coal mining to the same extent as if the pro visions of the said above mentioned Act or

an Act passed in substitution therefor had been enacted in this Act, not withstanding that such dispute may be within or subje.ct to the exclusive legislative jurisdiction of the Province.

PART VI. GENERAL. 89.-

(1) Any order made by the Board under the pro visions of this Act shall be signed by the chairman and the secretary and shall become operative upon the date of its publication in The Alberta Gazette or at such later date as may be named in the order.

(2) Evidence of any order of the Board may be given by the production of a copy of The Alberta Gazette purport ing to contain a copy of the order.

(3) A copy of any order made by the Board under this Act having endorsed thereon a certificate purporting to be signed by the secretary stating,- (

a) that the copy is a true copy of the order or regu lation; (

b) that the order has been published in Tke Alberta Gazette, and the date of such publication,- shall be received in any court as prima facie evidence with out proof of the appointment or signature of the secretary. ( 4) Each employer shall post up within fifteen days of the date when it becomes operative and keep posted in a conspicuous place on his premises where it can be readily seen by his employees, a copy of each order of the Board affecting the employment or the employer or employees engaged therein.

(5) All persons affected by any order of the Board shall upon its publication in The Albe ,rta Gazette be deemed to have notice of the order and of its terms. 00. The Board may at any time and from time to time with the approval of the Lieutenant Governor in Council vary, suspend or cancel any order made by it under this Act.

38 91.-

(1) Any employer who discharges or in any other manner discriminates against any employee because the employee has made a complaint under this Act or has testir fled or is about to testjfy, or because the employer believes that the employee may testify at any inquiry or in any proceedings relative to the enforcement of this Act o:r because the employee has made or is about to make any such disclosures as may be required of him by virtue of the provisions of this Act, shall be guilty of an offence and liable on

summary conviction to a pen~lty of not more than five hundred dollars, and in default of payment to imprisonment for a term of not more than six months.

(2) For the purpose of carrying out the provisions of this Act without prejudice to any complainant in any case where the complainant requests that his name and identity be withheld, the name and identity of the complainant shall not be disclosed to any person by the Board except where disclosure is necessary for the purposes of any prosecution under this Act or is considered by the Board to be in the public interest. 92.

In any prosecution for any offen.ce against any of the provisions of this Act alleged to have been committed by an employer, the onus of proof that he is not an employer shall be upon the person charged with the offence. 93. Any moneys required for the administration of this Act or for carrying out any of the provisions of this Act shall, in the absence of any vote of the Legislative AssemblY! available therefor, be paid out of the General Revenue Fund. r r I 94.

The Lieutenant Governor in Council may make such regulations not inconsistent with this Act as he may deem necessary for carrying out the provisions of this Act and for the efficient administration hereof and such regulations shall be published in The Alberta Gazette, am~ upon being so published shall have the same for.ce and effect as if enacted in this Act and such regulations may be repealed, altered or amended from time to time and the repeal, alteration or amendment shall be published in The Alberta Gazette and upon being so published shall have the same force and effect as if enacted in this Act. 95.

Any person who violates any provision of this Act or tlle Regulations or of a

schedule adopted under the pro visions of

Part IV or any order of the Board or any written direction of the Chairman, Chief Inspector or an inspector authorized by the Act for which no penalty is otherwise provided by this Act shall be liable on

summary conviction to a fine of not more than two hundred and fifty dollars and costs and in default of payment to imprisonment for a term not exceeding ninety days. . .

39 00. The following enactments are hereby repealed: (

a) The Hou1·s of W01·k Act, being

chapter 279 of the Revised Statutes of Alberta, 1942; (

b) The Male Minimum Wage Act, being

chapter 282 of the Revised Statutes of Alberta, 1942; (

c) The Female MinimU?n Wage Act, being

chapter 283 of the Revised Statutes of Alberta, 1942; (

d) The Labou1· Welja1·e Act, being

chapter 5 of the Statutes of Alberta, 1943; (

e) The Industrial Standa1·ds Act, being

chapter 312 of the Revised Statutes of Alberta, 1942; and (

f) The Indust1ial Conciliation and A1·bitration Act, being

chapter 280 of the Revised Statutes of Alberta, 1942. 97. This Act shall come into force on the day upon which it is assented to.

No. 59 FOURTH SESSION TENTH .LEGISLATURE 11 GEORGE VI 1947 BILL A Bill Respecting the Conditions of Labour and the Welfare of Employees in the Province. Received and read the First time ........................... . Second time .. ...... ............................ . Third time ...... . HON. MR. GERHART. EDMONTON: A. Shnltka, Klnc'a Printer 1947 Title: 1947 (10th, 4th) Bill 59,

An Act Respecting the Conditions of Labour and the Welfare of Employees in the Province

Document details

Collection	Alberta — Bills
Citation	L10 S4 7403
Type	bill
Volume / chapter	L10 S4 7403
Language	en
Format	json
Source	PROVINCIAL
Identifier	fac3442c0aa6567ce092782d81652632bd473932

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