Regional Health Authority Collective Bargaining Regulation, Alta. Reg. 80/2003

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     ALBERTA REGULATION 80/2003

     Labour Relations Code

     REGIONAL HEALTH AUTHORITY
     COLLECTIVE BARGAINING REGULATION



     Table of Contents

Definitions    1
Region-wide functional bargaining units 2
Designation of bargaining agents and agreements   3
Selection of eligible type of agreement 4
Determination of bargaining rights 5
Determination re uncontested (single union) cases 6
Determination re uncontested (multiple locals) cases   7
Determination re contested cases   8
Special exercise of Board powers   9
Conduct of votes    10
Duty to bargain     11
Joint bargaining agents - rules and procedures    12
Complaints     13
Appointment of special officer     14
Board may make award     15
Effect of agreement 16
General power  17
Extension of time   18
Severance and termination pay 19
Transitional - existing agreements 20
Board's duty   21
Expiry    22
Coming into force   23


Definitions
1   In this Regulation,

     (a)  "Act" means the Labour Relations Code;

     (b)  "community health agreement" means a collective agreement that
applies to employees in a community health bargaining unit established

               (i)  by a certificate issued by the Board, or

               (ii) by the collective agreement;

     (c)  "contested" means that no single trade union or group of trade
unions affiliated with the same parent trade union represents a qualifying
majority of employees in the region-wide functional bargaining unit;

     (d)  "eligible type of collective agreement" means the following
types of collective agreement:

               (i)  a community health agreement;

               (ii) a mental health agreement;

               (iii)     a facilities agreement;

     (e)  "facilities agreement" means a collective agreement other than
a community health agreement or mental health agreement;

     (f)  "mental health agreement" means a collective agreement that
applies to employees who were employed by the Alberta Mental Health Board
prior to March 31, 2003;

     (g)  "qualifying majority" means at least 80% of the employees in a
region-wide functional bargaining unit;

     (h)  "region-wide functional bargaining unit" means a bargaining
unit referred to in section 2;

     (i)  "uncontested (multiple locals)" means that a qualifying
majority of employees in the region-wide bargaining unit is represented by
a group of trade unions affiliated with the same parent trade union but no
single affiliated trade union represents a qualifying majority;

     (j)  "uncontested (single trade union)" means that a qualifying
majority of employees in a region-wide functional bargaining unit is
represented by one trade union.


Region-wide functional bargaining units
2   Bargaining units for employees of a regional health authority shall
consist of all employees in the health region who are represented by a
bargaining agent and are employed in one of the following functional
groups:

     (a)  direct nursing care or nursing instruction;

     (b)  auxiliary nursing care;

     (c)  paramedical professional or technical services;

     (d)  general support services.


Designation of bargaining agents and agreements
3   The Board shall designate one bargaining agent and one receiving
collective agreement for employees in each region-wide functional
bargaining unit in accordance with this Regulation.


Selection of eligible type of agreement
4(1)  The Board shall, in accordance with this section, determine the
eligible type of collective agreement from which a receiving collective
agreement for each region-wide functional bargaining unit will be selected.

(2)  The Board may require a regional health authority to provide to the
Board, in a form acceptable to and within a time prescribed by the Board, a
return showing the names of or numbers of its employees in the health
region who are bound by a subsisting collective agreement on April 1, 2003.

(3)  Where a regional health authority fails to provide the return, the
Board may use any information as to numbers of employees that it considers
appropriate for the purposes of this section.

(4)  The Board shall determine the numbers of employees in the health
region who are bound by each eligible type of agreement on April 1, 2003.

(5)  The Board shall identify the eligible type of collective agreement
that is applicable to the largest number of employees in each region-wide
functional bargaining unit on April 1, 2003 and shall designate that
agreement as the eligible type of collective agreement from which the
receiving collective agreement will be selected.

(6)  For purposes of this section, a person is an employee bound by an
eligible type of collective agreement if the person

     (a)  is employed in a bargaining unit governed by such an agreement
on April 1, 2003, and

     (b)  worked in that bargaining unit at any time in the period from
March 1 to March 31, 2003.


Determination of bargaining units
5   The Board shall, with respect to each region-wide functional bargaining
unit, determine whether the unit is uncontested (single trade union),
uncontested (multiple locals) or contested.


Determination re uncontested (single trade union) cases
6(1)  Where a region-wide functional bargaining unit is determined to be of
the uncontested (single trade union) type,

     (a)  the Board shall designate the trade union or local representing
a qualifying majority of the employees in the bargaining unit as bargaining
agent,

     (b)  if a qualifying majority of employees in the bargaining unit is
governed by one collective agreement, the Board shall designate that
collective agreement as the receiving collective agreement for employees in
the bargaining unit, and

     (c)  if no single collective agreement governs a qualifying majority
of employees in the bargaining unit, the Board shall select the collective
agreement that will be the receiving collective agreement by means of a
vote among employees in the bargaining unit as to which collective
agreement they desire.

(2)  For the purposes of a vote referred to in subsection (1), the
collective agreements are the 2 collective agreements applicable to the
largest number of employees in the bargaining unit.

(3)  The Board shall designate the collective agreement selected by a
majority of employees who vote as the receiving collective agreement for
the employees in the bargaining unit.

(4)  The collective agreement that is designated by the Board under
subsection (3) must be a collective agreement of the type designated by the
Board as an eligible type of collective agreement for that region-wide
functional bargaining unit under section 4(5).


Determination re uncontested (multiple locals) cases
7(1)  Where a region-wide functional bargaining unit is determined to be of
the uncontested (multiple locals) type,

     (a)  the Board shall designate the affiliated trade unions of the
parent trade union that together represent a qualifying majority of
employees in the bargaining unit as a group of trade unions and shall name
the trade unions in the group as joint bargaining agents, and

     (b)  the Board shall select the collective agreement that will be
the receiving collective agreement by means of a vote among employees in
the bargaining unit as to which  collective agreement they desire.

(2)  For the purposes of a vote referred to in subsection (1), the
collective agreements are the 2 collective agreements applicable to the
largest number of employees in the bargaining unit.

(3)  The Board shall designate the collective agreement selected by a
majority of employees who vote as the receiving collective agreement for
the employees in the bargaining unit.

(4)  The collective agreement that is designated by the Board under
subsection (3) must be a collective agreement of the type designated by the
Board as an eligible type of collective agreement for that region-wide
functional bargaining unit under section 4(5).

(5)  Where the Board names a group of trade unions as joint bargaining
agents under subsection (1)(a) the Act applies to the joint bargaining
agents with respect to the settlement of disputes and the administration of
the collective agreement as if they were a single trade union.


Determination re contested cases
8(1)  For the purposes of this section, the Board shall consider trade
unions affiliated with the same parent trade union to be a single trade
union.

(2)  Where a region-wide functional bargaining unit is determined to be of
the contested type, the Board shall determine which trade unions are
eligible trade unions to be selected by employees in the bargaining unit as
their bargaining agent.

(3)  For the purposes of subsection (2), a trade union is eligible to be
selected by employees in the bargaining unit as their bargaining agent if,
on April 1, 2003, it represents more than 20% of employees in the
region-wide functional bargaining unit.

(4)  The Board shall require each eligible trade union to nominate the
collective agreement that it proposes to be the receiving collective
agreement if it is selected as the employee bargaining agent.

(5)  An eligible trade union shall nominate its proposed receiving
collective agreement from between the 2 collective agreements, if  2
agreements exist, to which the eligible trade union is a party and that are
applicable to the largest number of employees in the bargaining unit.

(6)  If an eligible trade union fails to nominate a proposed receiving
collective agreement, the Board shall designate the collective agreement to
which the eligible trade union is a party and that is applicable to the
largest number of employees in the bargaining unit as that eligible trade
union's proposed receiving collective agreement.

(7)  After all eligible trade unions have nominated their proposed
receiving collective agreement, the Board shall determine the employee
bargaining agent and receiving collective agreement by means of a vote
among employees in the bargaining unit.

(8)  The Board shall designate the trade union selected by a majority of
employees who vote as the bargaining agent for employees in the bargaining
unit.

(9)  The Board shall designate the successful trade union's proposed
receiving collective agreement as the receiving collective agreement for
employees in the bargaining unit.

(10)  The collective agreement that is designated by the Board under
subsection (9) must be a collective agreement of the type designated by the
Board as an eligible type of collective agreement for that region-wide
functional bargaining unit under section 4(5).

(11)  Where the successful trade union consists of 2 or more trade unions
considered to be a single trade union under subsection (1), the Board shall
designate the trade unions as a group of trade unions and shall name the
trade unions in the group as joint bargaining agents.

(12)  Where the Board names a group of trade unions as joint bargaining
agents under subsection (11), the Act applies to the joint bargaining
agents with respect to the settlement of disputes and the administration of
the collective agreement as if they were a single trade union.


Special exercise of Board powers
9   In exercising its powers under section 46 or 48 of the Act for purposes
of this Regulation, the Board may

     (a)  declare which trade union or group of trade unions is the
bargaining agent on behalf of employees in a region-wide functional
bargaining unit,

     (b)  declare whether an employer, trade union or group of trade
unions is bound by proceedings under the Act and the extent to which those
proceedings are binding upon it, and

     (c)  issue, amend or revoke any certificate issued to any trade
union

before the regional health authority and the bargaining agent have
negotiated amendments to the receiving collective agreement as required
under section 11.


Conduct of votes
10   The Board shall conduct all votes for the purposes of this Regulation
and, for those purposes the Board may

     (a)  by rule or otherwise prescribe all procedural matters
respecting votes,

     (b)  make rules that are not inconsistent with this Regulation
respecting eligibility of employees to vote in any vote, and

     (c)  determine questions of voter eligibility in a vote.


Duty to bargain
11   Within 30 days after the Board has designated a bargaining agent and a
receiving collective agreement in respect of each region-wide functional
bargaining unit, the regional health authority and the bargaining agent
shall meet and commence to bargain collectively in good faith and make
every reasonable effort to negotiate amendments to the receiving collective
agreement so that the resulting amended agreement contains terms and
conditions of employment for all employees in the region-wide functional
bargaining unit.


Joint bargaining agents - rules and procedures
12(1)  Where the Board has named the trade unions in a group of trade
unions as joint bargaining agents for employees in a region-wide functional
bargaining unit, the trade unions in the group shall forthwith establish
rules and procedures for the administration of the certificate, collective
bargaining in respect of that certificate and the administration of any
collective agreements entered into with the regional health authority.

(2)  If a group of trade unions fails to establish adequate rules and
procedures as required under subsection (1), the Board may, on application,
establish those rules and procedures and the rules and procedures so
established are binding on each trade union within the group of trade
unions.


Complaints
13   A trade union, a group of trade unions or a regional health authority
may make a complaint in writing to the Board that there has been a failure
to comply with section 11, and the Board may hear and adjudicate such a
complaint as if it were a complaint in respect of non-compliance with
section 60 of the Act.


Appointment of special officer
14   At any time after bargaining has commenced under section 11, either or
both parties to bargaining may make a request to the Board for assistance
in the negotiation process, and the Board may appoint any person as an
officer of the Board to inquire into the dispute and endeavour to effect a
settlement.


Board may make award
15(1)  Where the parties are unwilling or unable to negotiate an amended
receiving collective agreement as required by section 11, the Board shall
make an award with respect to all issues in dispute, and that award shall
be binding on the parties to the dispute and shall be included in the terms
of the receiving collective agreement.

(2)  In making an award under subsection (1), the Board may adopt any
procedure that it considers appropriate and, in addition to its powers
under the Act, it may exercise any of the powers of a compulsory
arbitration board under Part 2, Division 16 of the Act.


Effect of agreement
16   Where the parties negotiate amendments to the receiving collective
agreement as contemplated under section 11 or where the Board makes an
award under section 15, the resulting agreement is a collective agreement
that is in force for the purposes of the Act.


General power
17   In exercising its powers and carrying out its duties under this
Regulation, the Board may conduct any inquiries, make any rules, require
the provision of any information and determine any questions that it
considers necessary.


Extension of time
18   Where this Regulation or an order of the Board requires that anything
be done within a certain period of time the Board may, on application or of
its own motion and whether before or after the expiry of the period, extend
the period where the Board considers it appropriate to do so.


Severance and termination pay
19(1)  In this section, "change in governance or restructuring" with
respect to a prescribed entity includes

     (a)  a change in the boundaries of the prescribed authority,

     (b)  a prescribed entity's ceasing to exist,

     (c)  a transfer of the responsibility for all or part of the
operations of a prescribed entity from one prescribed entity to another, or

     (d)  a merger or amalgamation of 2 or more prescribed entities.

(2)  This section applies only in respect of employees who are represented
by a bargaining agent.

(3)  Notwithstanding any other enactment or the terms of a collective
agreement, where there is a change in governance or a restructuring of one
or more prescribed entities, no employee of any of the entities is entitled
to severance pay or termination pay or other compensation if the employee's
position is substantially the same after the change in governance or
restructuring as it was before it.

(4)  Nothing in this section precludes an employer from voluntarily giving
an employee or former employee severance pay or termination pay or other
compensation.


Transitional - existing agreements
20   A collective agreement that is in force on April 1, 2003 continues in
force and binds the regional health authority, the bargaining agent or
agents and the employees until a receiving collective agreement comes into
force by virtue of the operation of section 16.


Board's duty
21   The Board shall exercise its powers and carry out its duties under
this Regulation as soon as is practically possible.


Expiry
22   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2008.


Coming into force
23   This Regulation comes into force on April 1, 2003.