Construction Industry Jurisdictional Assignment Plan Regulation, Alta. Reg. 2/2000

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(no amdt)
ALBERTA REGULATION 2/2000
Labour Relations Code
CONSTRUCTION INDUSTRY JURISDICTIONAL  
ASSIGNMENT PLAN REGULATION


Definitions
1   In this Regulation,
	(a)	"general construction" means construction within the 
meaning of the Labour Relations Code, other than 
pipeline construction, road building, heavy construction 
and specialty construction;
	(b)	"memorandum of understanding" means the 
memorandum of understanding dated August 15, 1995 
between the Coordinating Committee of Registered 
Employers' Organizations and the Alberta and N.W.T. 
(District of MacKenzie) Building and Construction Trades 
Council, as amended or replaced from time to time;
	(c)	"participating union" means a building trades' union that 
is a party to or bound by a collective agreement with
	(i)	a registered employers' organization,
	(ii)	an employers' organization represented by the 
Coordinating Committee of Registered Employers' 
Organizations, or
	(iii)	a participating contractor as defined in the procedural 
rules;
	(d)	"Plan" means the Jurisdictional Assignment Plan of the 
Alberta Construction Industry that was established by the 
memorandum of understanding, and that consists of
	(i)	the memorandum of understanding,
	(ii)	the procedural rules, and
	(iii)	the letters of understanding to the procedural rules,
		all as are amended or replaced from time to time;
	(e)	"procedural rules" means the procedural rules of the Plan 
as agreed to between the Coordinating Committee of 
Registered Employers' Organizations and Alberta and 
N.W.T. (District of MacKenzie) Building and 
Construction Trades Council as amended or replaced from 
time to time;
	(f)	"umpire" means a person appointed as an umpire or 
alternate umpire pursuant to the Plan.
Settlement of differences
2(1)  Every collective agreement in the general construction sector 
of the construction industry entered into by a participating union 
shall contain provisions requiring differences arising in the general 
construction sector with respect to the assignment of work to 
members of a trade union or to workers of a particular trade, craft 
or class to be settled in accordance with the Plan.
(2)  If a collective agreement referred to in subsection (1) does not 
contain the provisions required under subsection (1), the collective 
agreement shall be deemed to contain them.
(3)  Where a collective agreement referred to in subsection (1) 
contains provisions that conflict or are inconsistent with the Plan, 
those provisions are inoperative to the extent of the conflict or 
inconsistency.
No judicial review
3   No order shall be taken or process entered in any court, whether 
by way of injunction, declaration, prohibition, quo warranto or 
otherwise, except as may be provided for in the procedural rules.
Enforcement of decision
4   A decision under the Plan may be enforced by a trade union, 
employer, employers' organization or other affected party in 
accordance with the procedural rules.