Labour Relations Code, R.S.A. 2000, c. L-1
| Citation: | Labour Relations Code, R.S.A. 2000, c. L-1 | |
| Enabled Regulations: | 4 Regulations | |
| URL: | http://www.canlii.org/ab/laws/sta/l-1/20050211/whole.html | |
| Version downloaded by CanLII on 2005-02-11 | ||
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LABOUR RELATIONS CODE Chapter L-1 Table of Contents 1 Definitions 2 Delegation of Minister's and Director's responsibilities 3 Witnesses 4 Application of Act Part 1 Communication and Education 5 Powers of the Minister and dissemination of information 6 Multi-sector advisory council 7 Round-table conference Part 2 Labour Relations Division 1 Labour Relations Board 8 Composition of Board 9 Sittings and business of Board 10 Staff 11 Informal procedure 12 Powers of the Board 13 Inquiries, investigations and inspections 14 Evidence 15 Conduct of votes 16 Applications to the Board 17 Remedies 18 Board orders, etc. 19 Judicial review 20 Report by Board Division 2 Employee and Employer Rights 21 Rights of employees and employers 22 Discrimination, etc. 23 Right of dismissed employee Division 3 Trade Unions 24 Filing of constitution, etc., of trade union 25 Capacity of trade union 26 Suspension or expulsion from trade union 27 Deduction of union dues 28 Fees for temporary card 29 Employees to be union members Division 4 Employers' Organizations 30 Capacity of employers' organization 31 Suspension or expulsion from employers' organization Division 5 Certification 32 Applications for certification 33 Evidence in support of application for certification 34 Inquiry into certification application 35 Appropriate unit 36 Joint application by trade unions 37 Timeliness of application for certification 38 Prohibitions on certification 39 Certification 40 Effect of certification 41 Consolidation of certificates Division 6 Voluntary Recognition 42 Voluntary recognition 43 Collective bargaining with voluntarily recognized trade union 44 Extension of certificate Division 7 Modification of Bargaining Rights 45 Modification of certification of a bargaining agent 46 Effect of sale of business 47 Spin-offs 48 Governing bodies 49 Successor trade union Division 8 Revocation of Bargaining Rights 50 Definition 51 Application for revocation of bargaining rights 52 Timeliness of application for revocation 53 Inquiry into revocation application 54 Revocation of bargaining rights 55 Revocation without application Division 9 General Provisions on Certification and Voluntary Recognition 56 Continuation of collective agreement not a bar to certain applications 57 Overriding provision concerning application 58 Representation vote Division 10 Collective Bargaining 59 Notice to commence collective bargaining 60 Commencement of bargaining 61 Representatives for collective bargaining 62 Authorization of employers' organization 63 Service during collective bargaining Division 11 Mediation and Enhanced Mediation 64 Informal mediation 65 Appointment of mediator 66 Collective agreement after recommendations 67 Questions on recommendations Division 12 Votes on Proposals 68 Vote on mediator's recommendations 69 Vote on offer 70 Conduct of vote Division 13 Strikes and Lockouts 71 No strike unless permitted 72 No lockout unless permitted 73 Conditions under which strike permitted 74 Conditions under which lockout permitted 75 Application to Board to supervise strike or lockout vote 76 Supervision of strike or lockout vote 77 Expiry of vote and right to strike or lock out 78 Service of strike or lockout notice 79 Strike or lockout notice extended by agreement 80 Strike or lockout notice becomes ineffective 81 Settlement of strike affecting employers' organization 82 Settlement of lockout called by employers' organization 83 Agreement re sections 81 and 82 Division 14 Regulation of Strikes, Lockouts and Picketing 84 Picketing 85 Refusal to work 86 Board powers over unlawful strikes, etc. 87 Board powers over unlawful lockout, etc. 88 Effect of directive 89 Employment continues 90 Reinstatement of employee 91 Jurisdiction of court 92 Injunctions Division 15 Voluntary Interest Arbitration 93 Agreement re voluntary arbitration board 94 Voluntary arbitration board 95 Powers of voluntary arbitration board Division 16 Compulsory Interest Arbitration 96 Application and prohibition against strike and lockout 97 Request for compulsory arbitration board 98 Establishment of compulsory arbitration board 99 Terms of reference 100 Methods of arbitration 101 Matters to be considered 102 Award 103 Incorporation of award 104 Reconvening of compulsory arbitration board Division 17 Disputes Inquiry Boards 105 Notice of establishment of disputes inquiry board 106 Recommendations of disputes inquiry board 107 Collective agreement after recommendations 108 Incorporation of award 109 Questions on recommendations 110 One disputes inquiry board per dispute 111 Referral of other disputes Division 18 Emergencies 112 Emergencies 113 Public emergency tribunal Division 19 Measures During Illegal Strike or Illegal Lockout 114 Suspension of dues check-off 115 Payment of union dues during illegal lockout 116 Direction by Lieutenant Governor in Council Division 20 Disputes Resolution Tribunals 117 Appointment of interest arbitration boards 118 Appointments by Minister 119 Appointments of members of other boards 120 Membership 121 Revocation of appointments 122 Meetings 123 Proceedings 124 Majority award 125 Powers of disputes resolution tribunals 126 Filing and service of award 127 Judicial review Division 21 Effect of a Collective Agreement 128 Effect of collective agreement 129 Term of collective agreements 130 Bridging of collective agreements 131 Signing of collective agreement 132 Filing collective agreement 133 Collective agreement declared void Division 22 Collective Agreement Arbitration 134 Definition 135 Requisites of collective agreement 136 Model clauses 137 Appointment of single arbitrator 138 Appointment of arbitration board 139 Ineligibility 140 Speeding up decision 141 Majority decision and award 142 Effect of award on collective agreement 143 Powers of arbitrator 144 Parties bound by award 145 Judicial review of award 146 Enforcement of award Division 23 Prohibited Practices 147 Alteration of terms of employment 148,149 Prohibited practices by employer, etc. 150 Rights of employer 151,152 Prohibited practices by trade union, etc. 153 Fair representation 154 Dispute-related misconduct 155 Insurance and pension rights Division 24 Miscellaneous 156 Health, welfare and pension trusts 157 Non-application of other Acts Division 25 Offences and Penalties 158 Specific offences 159 Penalties re prohibited lockouts 160 Penalties re prohibited strikes 161 General offence and penalty 162 Prosecutions Part 2.1 Special Provisions Regarding Regional Health Authorities 162.1 Lieutenant Governor in Council regulations 162.2 Disentitlement to severance and termination pay Part 3 Construction Industry Labour Relations Division 1 Application 163 Application Division 2 Registered Employers' Organizations 164 Filing of constitution, etc., of employers' organization 165 Collection of dues Division 3 Registration 166 Application for registration 167 Evidence in support of application 168 Inquiry into registration application 169 Determining employers affected by application 170 Timeliness of application for registration 171 Appropriate parts for collective bargaining 172 Grouping of trade unions 173 Representation vote 174 Registered employers' organization dominated by trade union 175 Issue of registration certificate 176 Effect of registration 177 Directive re collective agreement 178 Collective agreement between employers' organization and trade union 179 Notification of creation of bargaining relationship Division 4 Successor Registered Employers' Organizations and Mergers 180 Mergers and transfers Division 5 Termination of Registration 181 Application for cancellation of registration certificate 182 Cancellation of registration certificate Division 6 Collective Bargaining 183 Expiry of collective agreement 184 Consolidation order 185 Strike votes 186 Strikes 187 Lockout votes 188 Lockouts 189 Dispute resolution 190 Referral of dispute 191 Construction industry disputes resolution tribunal 192 Construction common employer declarations Division 7 Co-ordination of Bargaining in Sectors of the Construction Industry 193 Co-ordination of bargaining in sectors of the construction industry Division 8 Collective Agreements Relating to Major Construction Projects 194 Interpretation 195 Application for authorization 196 Designation of project 197 Collective bargaining by principal contractor and trade unions 198 Persons bound by collective agreement 199 Signatures on and duration of collective agreement 200 Effect of collective agreement 201 Application of other provisions of Act Division 9 Work Jurisdiction Disputes in the Construction Industry 202 Alberta Impartial Jurisdictional Disputes Board 203 Reference of difference to Board 204 Judicial review 205 Enforcement of Board's decision 206 Reconsideration Part 4 Transitional 207 Transitional 208 Transitional re construction industry Preamble WHEREAS it is recognized that a mutually effective relationship between employees and employers is critical to the capacity of Albertans to prosper in the competitive world-wide market economy of which Alberta is a part; WHEREAS it is fitting that the worth and dignity of all Albertans be recognized by the Legislature of Alberta through legislation that encourages fair and equitable resolution of matters arising in respect of terms and conditions of employment; WHEREAS the employee-employer relationship is based on a common interest in the success of the employing organization, best recognized through open and honest communication between affected parties; WHEREAS employees and employers are best able to manage their affairs where statutory rights and responsibilities are clearly established and understood; and WHEREAS it is recognized that legislation supportive of free collective bargaining is an appropriate mechanism through which terms and conditions of employment may be established; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) "bargain collectively" or "collective bargaining" means to negotiate or negotiation with a view to the conclusion of a collective agreement or the revision or renewal of a collective agreement; (b) "bargaining agent" means a trade union that acts on behalf of employees in collective bargaining or as a party to a collective agreement with an employer or an employers' organization, whether or not the bargaining agent is a certified bargaining agent; (c) "Board" means the Labour Relations Board; (d) "certified bargaining agent" means a trade union certified by the Board as a bargaining agent; (e) "Chair" means the Chair of the Board; (f) "collective agreement" means an agreement in writing between an employer or an employers' organization and a bargaining agent containing terms or conditions of employment, and may include one or more documents containing one or more agreements; (g) "construction" includes construction, alteration, decoration, restoration or demolition of buildings, structures, roads, sewers, water or gas mains, pipelines, dams, tunnels, bridges, railways, canals or other works, but does not include (i) supplying, shipping or otherwise transporting supplies and materials or other products to or delivery at a construction project, or (ii) maintenance work; (h) "Court" means the Court of Queen's Bench; (i) "Director" means the person appointed under the Public Service Act as the Director of Mediation Services; (j) "dispute" means a difference or apprehended difference arising in connection with the entering into, renewing or revising of a collective agreement; (k) "disputes resolution tribunal" means (i) a voluntary arbitration board referred to in Part 2, Division 15, (ii) a compulsory arbitration board referred to in Part 2, Division 16, (iii) a disputes inquiry board referred to in Part 2, Division 17, or (iv) a public emergency tribunal referred to in Part 2, Division 18; (l) "employee" means a person employed to do work who is in receipt of or entitled to wages, but does not include (i) a person who in the opinion of the Board performs managerial functions or is employed in a confidential capacity in matters relating to labour relations, (ii) a person who is a member of the medical, dental, architectural, engineering or legal profession qualified to practise under the laws of Alberta and is employed in the person's professional capacity, or (iii) a nurse practitioner who is employed in his or her professional capacity as a nurse practitioner in accordance with the Public Health Act and the regulations under that Act; (m) "employer" means a person who customarily or actually employs an employee; (n) "employers' organization" means an organization of employers that acts on behalf of an employer or employers and has as one of its objects the regulation of relations between employers and employees, whether or not the organization is a registered employers' organization; (o) "firefighters" means the employees, including officers and technicians, employed by a municipality or Metis settlement and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services; (p) "lockout" includes (i) the closing of a place of employment by an employer, (ii) the suspension of work by an employer, or (iii) a refusal by an employer to continue to employ employees, for the purpose of compelling the employer's employees, or to aid another employer in compelling the employees of that employer, to accept terms or conditions of employment; (q) "lockout vote" means the polling of a single employer or a vote of employers under section 76(2); (r) "mediator" means a person whose services are provided under section 64 or who is appointed as a mediator under this Act; (s) "Minister" means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (s.1) "nurse practitioner" means a registered nurse within the meaning of the Nursing Profession Act who is entered on the Nursing Profession Extended Practice Roster under that Act; (t) "officer" means a person designated under section 8(8); (t.1) "regional health authority" means a regional health authority under the Regional Health Authorities Act; (u) "registered employers' organization" means an employers' organization registered by the Board as an agent for collective bargaining in a part of the construction industry; (v) "strike" includes (i) a cessation of work, (ii) a refusal to work, or (iii) a refusal to continue to work, by 2 or more employees acting in combination or in concert or in accordance with a common understanding for the purpose of compelling their employer or an employers' organization to agree to terms or conditions of employment or to aid other employees to compel their employer or an employers' organization to accept terms or conditions of employment; (w) "strike vote" means a vote of employees under section 76(1); (x) "trade union" means an organization of employees that has a written constitution, rules or bylaws and has as one of its objects the regulation of relations between employers and employees; (y) "unit" means any group of employees of an employer; (z) "vice-chair" means a vice-chair of the Board; (aa) "wages" includes any salary, pay, overtime pay and any other remuneration for work or services however computed or paid, but does not include tips and other gratuities. RSA 2000 cL-1 s1;2003 c6 s2 Delegation of Minister's and Director's responsibilities 2(1) When the Minister or the Director is given a power or duty under this Act, the Minister or Director may authorize one or more employees of the Crown in right of Alberta to exercise or perform that power or duty generally or with respect to any particular case on the conditions or in the circumstances that the Minister or Director prescribes, and that power or duty may then be exercised or performed by the employee so authorized in addition to the Minister or Director. (2) Subsection (1) does not apply to the Minister's power to direct a vote under section 15(3)(b) or to consent to a prosecution under section 162. 1988 cL-1.2 s2 Witnesses 3(1) The Minister, a member or officer of the Board, an employee of the Crown in right of Alberta employed in the administration of this Act or any person designated by the Minister or selected by the parties to endeavour to effect settlement of any matter to which this Act applies is not a compellable witness in proceedings before any court respecting any information, material or report obtained by that person under this Act. (2) In this section, "court" means the Court of Queen's Bench or any other court and includes the Labour Relations Board or any other board or person having by law or by the consent of the parties authority to hear, receive and examine evidence, but does not include an inquiry under the Public Inquiries Act. 1988 cL-1.2 s3 Application of Act 4(1) Subject to subsection (2), this Act applies to every employer and employee and is binding on the Crown in right of Alberta. (2) This Act does not apply to (a) an employer as defined in the Public Service Employee Relations Act and to whom that Act applies; (b) a person employed by an employer as defined in the Public Service Employee Relations Act and to whom that Act applies; (c) employers and employees in respect of whom this Act does not apply by virtue of a provision of another Act; (d) employees who are police officers of a municipal police service appointed pursuant to the Police Act, except to the extent that this Act is made applicable by the Police Officers Collective Bargaining Act; (e) employees employed on a farm or ranch whose employment is directly related to (i) the primary production of eggs, milk, grain, seeds, fruit, vegetables, honey, livestock, game-production animals within the meaning of the Livestock Industry Diversification Act, poultry or bees, or (ii) any other primary agricultural operation specified in the regulations under the Employment Standards Code or to their employer while the employer is acting in the capacity of their employer; (f) employees employed in domestic work in a private dwelling or to their employer while the employer is ordinarily resident in the dwelling and acting in the capacity of their employer. 1988 cL-1.2 s4;1990 cL-22.7 s38 Part 1 Communication and Education Powers of the Minister and dissemination of information 5(1) Subject to this Act, the Minister may, through communication and education, do those things the Minister considers beneficial to the promotion of fair and equitable labour relations in Alberta. (2) Without restricting the generality of subsection (1), the Minister may (a) collect information and statistics relating to labour relations, and (b) disseminate information in a manner and form that the Minister considers will best promote fair and equitable labour relations. (3) An employer shall make available to the employer's employees at the employer's place of business a copy of each notice, information bulletin or extract from this Act or the regulations that the Minister or the Board sends to the employer and requires the employer to make available. 1988 cL-1.2 s5 Multi-sector advisory council 6(1) The Minister may establish one or more councils to act in an advisory capacity with respect to labour relations. (2) The Minister may, with respect to a council established under this section, (a) appoint or provide for the manner of appointment of its members, (b) prescribe the term of office of any member, (c) designate or provide for the designation of a chair, vice-chair or secretary, (d) authorize, fix and provide for the payment of remuneration and expenses to its members, and (e) make rules governing the calling of its meetings, the conduct of business at its meetings, reporting and any other matters as required. (3) A council established pursuant to this section may make rules governing any matter referred to in subsection (2)(e) to the extent that the Minister has not made rules under that clause governing the matter. (4) Subject to this Act, a council established pursuant to this section may exercise the powers and shall perform the duties and functions that the Minister confers or imposes on it. 1988 cL-1.2 s6 Round-table conference 7 The Minister shall, from time to time, convene a conference consisting of representatives of business, trade unions, the academic community and any other groups the Minister considers advisable for the purpose of developing a general understanding of Alberta's economic circumstances and those factors critical to continued economic growth. 1988 cL-1.2 s7 Part 2 Labour Relations Division 1 Labour Relations Board Composition of Board 8(1) The Labour Relations Board previously established is continued as the Labour Relations Board. (2) The Board shall be composed of persons appointed as members of the Board by the Lieutenant Governor in Council. (3) One of the members of the Board shall be designated as Chair and other members of the Board may be designated as vice-chairs. (4) The Chair may designate a vice-chair as acting Chair to act as Chair when the Chair is temporarily unable to act or is temporarily absent. (5) The Lieutenant Governor in Council may establish Divisions of the Board and, in that case, (a) the Chair is, by reason of the Chair's office, a member of each Division, (b) a vice-chair and a member may be appointed to one or more Divisions and more than one vice-chair may be appointed to a Division, (c) a vice-chair may sit as a vice-chair only in a Division to which the vice-chair was appointed, and (d) the Chair may on a case-by-case basis assign a member to a Division other than the Division to which the member was appointed. (6) The members of the Board shall be appointed to hold office for terms not exceeding (a) 5 years in the case of the Chair and vice-chairs, and (b) 3 years in the case of other members, and may be reappointed for additional terms to commence on the expiry of their appointment. (7) The members of the Board shall be paid expenses, allowances and remuneration for their services as determined by the Lieutenant Governor in Council. (8) The Chair may, in writing, designate officers of the Board for the purposes of this Act. 1988 cL-1.2 s8;1994 c19 s1 Sittings and business of Board 9(1) The members of the Board shall meet at the times and places specified by the Chair or a vice-chair and may meet as the Board or as a panel established under subsection (4). (2) The Chair shall assign the business of the Board to the Division that, in the Chair's opinion, is the appropriate Division to conduct the business. (3) The Chair's decision under subsection (2) is final. (4) The Chair may establish from the members of a Division panels to conduct the Board's business that is assigned to that Division. (5) At the direction of the Chair, a vice-chair shall preside at a meeting of the Board or a panel. (6) A quorum of the Board or a panel is the Chair or a vice-chair presiding at the meeting and 2 other members. (7) A decision of a majority of the members of the Board or a panel present and constituting a quorum is the decision of the Board, but if there is a tie vote, the Chair or the vice-chair presiding at the meeting may cast a 2nd vote. (8) Notwithstanding any vacancy in the membership of the Board, if at least 3 members remain in office, the remaining members have and may exercise and perform the powers, duties and functions of the Board. (9) If a member of the Board resigns or the member's appointment terminates, the member may carry out and complete the duties or responsibilities and continue to exercise the powers that the member would have had if the member had not ceased to be a member in relation to a proceeding in which the member participated as a member of the Board, until the proceeding is completed. (10) Notwithstanding subsection (6), the Chair or a vice-chair may sit alone to hear and decide a question under section 12(3)(b), (d), (l), (m), (n) or (o), 14(2) or 76(4). (11) The Chair or a vice-chair sitting alone may (a) where all of the parties consent, or (b) where, after a period of notice determined by the Board, none of the parties object, grant any order or directive within the Board's jurisdiction. (12) When the Chair or a vice-chair sits alone under subsection (10) or (11) or the Board meets as a panel, the Chair, vice-chair or panel, as the case may be, is deemed to be the Board for the purposes of this Act. 1988 cL-1.2 s9;1994 c19 s1 Staff 10(1) In accordance with the Public Service Act, there may be appointed any employees necessary for the administration of this Act or any other enactment administered by the Board. (2) For the purposes of the Financial Administration Act, the Chair has all the powers of the deputy head of a department. 1994 c19 s1 Informal procedure 11(1) Notwithstanding section 9, the Chair may, where in the interest of settlement of the matter in dispute it is desirable to do so, assign any matter before the Board to one or more members of the Board. (2) For the purposes of resolving the matter in dispute, the member or members of the Board to whom the matter is assigned under subsection (1) may (a) conduct informal hearings, (b) engage in efforts at settlement, and (c) issue reports to the parties to the dispute and the Board on any resolution achieved and any matters that remain unresolved and what the member or members consider ought to be done in respect of those matters. (3) On application by a party to the dispute, the Board may confirm a report issued under subsection (2) as a decision of the Board. 1988 cL-1.2 s10;1994 c19 s1 Powers of the Board 12(1) Notwithstanding anything in this Act, the powers and duties of the Board shall be exercised and performed in a manner consistent with the jurisdiction conferred on the Board by this Act or any other enactment conferring jurisdiction on the Board. (2) The Board may for the purposes of this Act (a) receive applications, references and complaints, (b) conduct any inquiries or investigations that it considers necessary, either itself or through its officers, (c) conduct any hearings that it considers necessary, (d) require, conduct or supervise votes only by secret ballot, (e) make or issue any interim orders, decisions, directives or declarations it considers necessary pending the final determination of any matter before the Board, (f) make or issue any orders, decisions, notices, directives, declarations or certificates it considers necessary, (g) make rules (i) of procedure for the conduct of its business, including inquiries and hearings, (ii) for the giving of notice and the service of documents, (iii) for the charging of fees for services or materials provided by or at the direction of the Board in a proceeding before it or in an application under section 19(2), and (iv) for any other matters it considers necessary, (h) through its members, officers and other representatives undertake efforts to assist the parties to a proceeding before the Board to settle the matter, and (i) award any costs it considers appropriate in the circumstances if an application, reference or complaint, or a reply or defence to it, is, in the opinion of the Board, trivial, frivolous, vexatious or abusive. (3) The Board may decide for the purposes of this Act whether (a) a person is an employer, (b) a person is an employee, (c) an organization or association is an employers' organization, (d) an organization of employees is a trade union, (e) an employer has given an employers' organization authority to bargain collectively on the employer's behalf or has revoked that authority, (f) a collective agreement has been entered into, (g) a person is bound by a collective agreement, (h) a person is a party to a collective agreement, (i) a collective agreement has been entered into on behalf of any person, (j) a collective agreement is in effect, (k) the parties to a dispute have settled the terms to be included in a collective agreement, (l) a group of employees is a unit appropriate for collective bargaining, (m) a person has applied for membership or has terminated the person's membership in a trade union, (n) a person is a member in good standing of a trade union, (o) a person is included in or excluded from a unit, (p) an employer is affected by a registration certificate of a registered employers' organization, (q) an employee is employed in a sector, (r) an employee is employed in a trade jurisdiction, (s) an employer is engaged in the construction industry or in a part of the construction industry, (t) a strike has occurred or is lawful under this Act, or (u) a lockout has occurred or is lawful under this Act, and the Board's decision is final and binding. (4) The Board has exclusive jurisdiction to exercise the powers conferred on it by or under this Act and to determine all questions of fact or law that arise in any matter before it and the action or decision of the Board on them is final and conclusive for all purposes, but the Board may, at any time, whether or not an application has commenced under section 19(2), reconsider any decision, order, directive, declaration or ruling made by it and vary, revoke or affirm the decision, order, directive, declaration or ruling. (5) In addition to the matters specified or referred to in this section, the Board has all necessary jurisdiction and power to perform any duties assigned to it by the Lieutenant Governor in Council. (6) Neither the members of the Board nor any person employed in respect of the Board's activities is personally liable for anything done by the member or person in good faith while acting in the course of the member's or person's duties or employment under this or any other Act. 1988 cL-1.2 s11;1994 c19 s1 Inquiries, investigations and inspections 13(1) The Board or an officer may (a) inspect and examine all books, payrolls and other records of an employer, an employee or any other person relating to employment or terms or conditions of employment; (b) by notice in writing demand the production of any books, records, documents, papers, payrolls, contracts of employment or other records relevant to employment or terms and conditions of employment or relevant to the membership or constitution of a trade union or employers' organization, either forthwith or at a date, place and time specified in the notice; (c) take extracts from or make copies of books, records, documents, papers, payrolls, contracts of employment and any other records relating to employment or terms or conditions of employment; (d) require an employer, employee or any other person to make, furnish or produce full and correct statements either orally or in writing respecting employment or terms and conditions of employment, and may require the statements to be made on oath or to be verified by statutory declaration; (e) post or require any employer, trade union, employee or other person to post any notices or other communications of the Board at the locations that the Board or officer, as the case may be, considers advisable. (2) For the purposes of this Act, an officer may, in the execution of the officer's duties, (a) enter, inspect and examine at all reasonable times any premises or other place, other than a private dwelling, in which the officer has reason to believe that a person is employed, (b) make any examination and inquiry necessary to ascertain whether the provisions of this Act or any order, decision, directive, declaration or notice of the Board or any written instructions of the Chair, a vice-chair or an officer have been complied with, and (c) question an employee, without the employee's employer being present, during the employee's regular hours of work or otherwise. (3) An employers' organization, employer, trade union and employee, and any person acting on their behalf, shall give reasonable assistance to the Board and officers to enable them to do any of the things referred to in this section. 1988 cL-1.2 s12 Evidence 14(1) For the purposes of this Act, officers and members of the Board may administer oaths. (2) Subject to subsection (3), the Board may, by order, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things the Board considers requisite to the full investigation and consideration of matters within its jurisdiction in the same manner as a court of record may in civil cases. (3) If any person fails to comply with a Board order made under subsection (2), or conducts himself or herself in a manner that may be in contempt of the Board or its proceedings, the Board may apply to the Court for an order directing compliance with the Board's order, or restraining any conduct found by the Court to be in contempt of the Board or its proceedings. (4) On an application under subsection (3), the Court may grant any order that, in the opinion of the Court, is necessary to enable the Board to carry out its duties. (5) The Board (a) may accept any oral or written evidence that it, in its discretion, considers proper, whether admissible in a court of law or not, and (b) is not bound by the law of evidence applicable to judicial proceedings. (6) The Board is not required to divulge any information as to whether a person (a) is or is not a member of a trade union, (b) has or has not applied for membership in a trade union, or (c) has or has not indicated in writing the person's selection of a trade union to be, or the person's opposition to the trade union's being, the bargaining agent on the person's behalf. 1988 cL-1.2 s13 Conduct of votes 15(1) For the purposes of this Act, the Board may require, conduct or supervise votes. (2) All votes required, conducted or supervised by the Board for the purposes of this Act shall be by secret ballot. (3) The Board (a) may on the request of an employer, employers' organization or trade union or on receipt of a petition signed by not fewer than 50% of the employees in a unit, and (b) shall on the direction of the Minister, conduct a vote on any question involving the relations between an employer and the employer's employees in a unit or between an employers' organization and the employers in the employers' organization where it is desirable to have an expression of opinion of the majority of the employees or employers, as the case may be. (4) For the purpose of any vote required, conducted or supervised by the Board, the Board may do all or any of the following: (a) make rules, including rules with respect to (i) subject to subsection (2), the manner of taking or casting votes, (ii) the procedure to be followed before, during and after a vote, (iii) the fixing of the date, place and time of voting, (iv) the manner in which and the time at which a voters list is to be prepared, and (v) the disposal of ballots; (b) appoint persons to act as returning officers for any vote required, conducted or supervised and vest in them whatever authority it considers necessary to ensure that the vote is properly conducted and that its rules are complied with; (c) when it is required or permitted to do so under this Act, determine who is eligible to vote on any matter; (d) investigate any complaint made to it concerning any vote taken pursuant to this Act; (e) require an employer to place a suitable portion of the employer's premises or the premises where employees are working at the disposal of the Board for the purpose of taking a vote; (f) direct all interested persons to refrain or desist from electioneering or from issuing any propaganda, or both, for any period of time prior to the date of a vote that the Board fixes. (5) The Board may delegate its powers under subsection (4)(b), (c), (d), (e) or (f) to an officer or to the Chair or a vice-chair. 1988 cL-1.2 s14 Applications to the Board 16(1) An employer, employers' organization, employee, trade union or other interested person may make a complaint in writing to the Board that there has been or is a failure to comply with any provision of this Act that is specified in the complaint. (2) The Board may refuse to accept any complaint that is made more than 90 days after the complainant knew, or in the opinion of the Board ought to have known, of the action or circumstances giving rise to the complaint. (3) When a difference exists concerning the application or operation of this Act, a party to the difference may refer the difference to the Board. (4) When a complaint is made under subsection (1), a reference is made under subsection (3) or any other application to the Board is made under this Act, the Board may do one or more of the following: (a) appoint an officer to inquire into the complaint, reference or application and endeavour to effect a settlement within a reasonable time; (b) refer the matter to one or more members of the Board pursuant to section 11(1); (c) decide the matter itself after any hearings or inquiries that it considers necessary; (d) where the matter in issue is properly the subject of collective agreement arbitration, or some other proceeding authorized by statute, decline to proceed with the matter or proceed on any terms that the Board considers just; (e) where the Board is of the opinion that the matter is without merit, or is frivolous, trivial or vexatious, reject the matter summarily. (5) The Board's powers under subsection (4)(a) may be delegated to the Chair, a vice-chair or an officer designated by the Board. (6) The Board shall give notice to any party that, in the opinion of the Board, may be affected by a complaint, reference or application filed with the Board. (7) The Board may permit an amendment to a complaint, reference or application at any stage in its proceedings subject to the rights of affected parties to make any representations and defences that may be necessitated by the amendment. (8) Subject to section 17(2), when the Board makes a decision with respect to a complaint, reference or application, it may by order or directive give any remedy that is appropriate to the matter or necessary to ensure compliance with and enforcement of this Act. 1988 cL-1.2 s15;1994 c19 s1 Remedies 17(1) When the Board is satisfied after an inquiry that an employer, employers' organization, employee, trade union or other person has failed to comply with any provision of this Act that is specified in a complaint, the Board may issue a directive to rectify the act in respect of which the complaint was made and, without restricting the generality of the foregoing, (a) may issue a directive or interim directive to the employer, employers' organization, employee, trade union or other person concerned to cease doing the act in respect of which the complaint was made; (b) may issue a directive to require the employer, employers' organization, employee, trade union or other person (i) to reinstate any employee suspended or discharged contrary to this Act; (ii) to pay to an employee or former employee suspended or discharged contrary to this Act compensation not exceeding a sum that, in the opinion of the Board, would have been paid by the employer to the employee, together with a sum not exceeding the amount of interest paid by the employee on money borrowed to support the employee and the employee's family, during the time the employee was so suspended or discharged; (iii) to reinstate or admit a person as a member of a trade union; (iv) to rescind any disciplinary action taken or pecuniary or other penalty imposed contrary to this Act; (v) to pay to a person compensation not exceeding a sum that, in the opinion of the Board, is equivalent to the pecuniary or other penalty imposed on a person contrary to this Act; (vi) in respect of a contravention of section 148 or 149, to pay to an employee compensation not exceeding a sum that, in the opinion of the Board, is equivalent to the remuneration that would have been paid to the employee by the employer if the employer had not contravened that section; (c) in respect of a failure to comply with section 60, (i) may issue a directive directing the employer, employers' organization, bargaining agent or authorized representative concerned to bargain in good faith and to make every reasonable effort to enter into a collective agreement, and (ii) may prescribe the conditions under which collective bargaining is to take place; (d) may, subject to subsection (2) but notwithstanding any other provision of this Act, (i) certify or refuse to certify a trade union as the bargaining agent for a unit of employees; (ii) revoke or refuse to revoke the certification of a bargaining agent; (iii) revoke or refuse to revoke the bargaining rights of a bargaining agent voluntarily recognized; (iv) register or refuse to register an employers' organization as an agent for collective bargaining on behalf of employers in a trade jurisdiction and sector in the construction industry; (v) cancel or refuse to cancel the registration certificate of a registered employers' organization. (2) Subsection (1)(d) and section 16(8) do not authorize the Board to certify a trade union or to revoke the certification of a trade union unless the majority of employees voting at a representation vote conducted by the Board vote in favour of the certification or revocation of certification, as the case may be. 1988 cL-1.2 s16 Board orders, etc. 18(1) An order that the Board makes may be issued on its behalf by the Chair or a vice-chair. (2) An order purporting to be signed by the Chair or a vice-chair on behalf of the Board shall be received in any court as proof, in the absence of evidence to the contrary, (a) of the order and its contents, and (b) that the persons signing the order were authorized to do so, without proof of the appointment or signature of the Chair or vice-chair. (3) A copy of an order, having endorsed on it a certificate purporting to be signed by an officer stating that the copy is a true copy, shall be received in any court as proof, in the absence of evidence to the contrary, of the order and its contents, without proof of the appointment or signature of the officer. (4) If the Board is satisfied in any proceedings under this Act that a bona fide mistake has been made in naming or not naming a person, trade union, employer or employers' organization, the Board may direct that the name of the person, trade union, employer or employers' organization be substituted, added or deleted as a party to the proceedings. (5) No proceeding under this Act is invalid by reason of a defect of form or a technical irregularity. (6) If any directive or order made by the Board is not complied with, the Board may, on the request of an employer, employers' organization, employee, trade union or other person affected by the directive or order, file a copy of the order or directive with the clerk of the Court and, on being filed, the directive is enforceable as a judgment or order of the Court. (7) For the purpose of this section, "order" includes a decision, declaration, directive, interim directive, order or certificate made by the Board. 1988 cL-1.2 s17 Judicial review 19(1) Subject to subsection (2), no decision, order, directive, declaration, ruling or proceeding of the Board shall be questioned or reviewed in any court by application for judicial review or otherwise, and no order shall be made or process entered or proceedings taken in any court, whether by way of injunction, declaratory judgment, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board or any of its proceedings. (2) A decision, order, directive, declaration, ruling or proceeding of the Board may be questioned or reviewed by way of an application for judicial review seeking an order in the nature of certiorari or mandamus if the originating notice is filed with the Court and served on the Board no later than 30 days after the date of the decision, order, directive, declaration, ruling or proceeding, or reasons in respect of it, whichever is later. (3) The Court may, in respect of any application under subsection (2), (a) determine the issues to be resolved on the application, (b) limit the contents of the return from the Board to those materials necessary for the disposition of those issues, and (c) give directions to protect the confidentiality of the matters referred to in section 14(6). 1988 cL-1.2 s18 Report by Board 20(1) The Board shall at the end of each Government fiscal year make a report on the operations of the Board during that year to the Minister. (2) On receipt of the report referred to in subsection (1) by the Minister, the Minister shall lay a copy of it before the Legislative Assembly if it is then sitting and if not, within 15 days after the commencement of the next sitting. 1994 c19 s1 Division 2 Employee and Employer Rights Rights of employees and employers 21(1) An employee has the right (a) to be a member of a trade union and to participate in its lawful activities, and (b) to bargain collectively with the employee's employer through a bargaining agent. (2) An employer has the right (a) to be a member of an employers' organization and to participate in its lawful activities, (b) to bargain collectively with the employer's employees, and (c) to conduct collective bargaining through an employers' organization. 1988 cL-1.2 s19 Discrimination, etc. 22 No employer or trade union or any person acting on their behalf shall discriminate against a person in regard to employment or membership in a trade union, or intimidate or coerce a person or impose a pecuniary or other penalty on a person, because the person (a) has testified or otherwise participated in or may testify or otherwise participate in a proceeding authorized or permitted under a collective agreement or in a proceeding under this Act, (b) has made or is about to make a disclosure that the person may be required to make in a proceeding authorized or permitted under a collective agreement or in a proceeding under this Act, or (c) has made an application or filed a complaint under this Act. 1988 cL-1.2 s20 Right of dismissed employee 23 No person ceases to be an employee within the meaning of this Act by reason only of the employee's dismissal contrary to this Act. 1988 cL-1.2 s21 Division 3 Trade Unions Filing of constitution, etc., of trade union 24(1) In accordance with the rules and procedures established by the Board, a trade union shall file with the Board (a) a copy of its constitution, bylaws or other constitutional documents, and (b) the names and addresses of its president, secretary, officers and other organizers and the names of its officers who are authorized to sign collective agreements. (2) The trade union shall send to the Board any changes to the information supplied under subsection (1) as soon as possible after the change is made and in any event when required to do so by the Board. 1988 cL-1.2 s22 Capacity of trade union 25(1) For the purposes of this Act, a trade union is capable of (a) prosecuting and being prosecuted, and (b) suing and being sued. (2) A trade union and its acts are not unlawful by reason only that one or more of its objects or purposes are in restraint of trade. 1988 cL-1.2 s23 Suspension or expulsion from trade union 26 No trade union shall expel or suspend any of its members or take disciplinary action against or impose any form of penalty on any person for any reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union, unless that person has been (a) served personally or by double registered mail with specific charges in writing, (b) given a reasonable time to prepare the person's defence, (c) afforded a full and fair hearing, including the right to be represented by counsel, and (d) found guilty of the charge or charges, and if a monetary penalty has been imposed, fails to pay it after having been given a reasonable time to do so. 1988 cL-1.2 s24 Deduction of union dues 27(1) An employee may, in writing, authorize the employee's employer to deduct from wages due to the employee an amount payable by that employee to a trade union for (a) union dues, and (b) initiation fees not exceeding an amount equivalent to one month's union dues. (2) The employer shall, from wages due to the employee, make the deductions authorized by the employee, and the authorization (a) is effective only for the amount or the percentage of the wages specified in it, and (b) continues in force for at least 3 months and afterwards until revoked in writing by the employee. (3) The employer shall by the 15th day of each month remit to the trade union named in the authorization (a) the dues deducted for the preceding month, and (b) a written statement of the name of the employee for whom the deduction was made and of the amount or percentage of the employee's wages of each deduction, until the authorization is revoked in writing by the employee and the revocation is delivered to the employer. (4) On receipt of a revocation of an authorization to deduct union dues, the employer shall immediately give a copy of the revocation to the trade union concerned. 1988 cL-1.2 s25 Fees for temporary card 28 If a trade union issues a temporary card, document or other permit to a person who is not a member of the trade union, the dues or fees charged each month by the trade union for the temporary card, document or other permit shall not exceed an amount equivalent to the dues or fees payable by a member of the trade union for the same period. 1988 cL-1.2 s26 Employees to be union members 29(1) Subject to subsection (2), nothing in this Act prevents a trade union from continuing an existing collective agreement or entering into a new collective agreement with an employer or employers' organization whereby all the employees or any unit of employees of the employer or of one or more employers represented by the employers' organization are required to be members of a trade union. (2) If the Board is satisfied that an employee because of the employee's religious conviction or religious belief (a) objects to joining a trade union, or (b) objects to the paying of dues or other assessments to a trade union, the Board may order that the provisions of a collective agreement of the type referred to in subsection (1) do not apply to the employee and that the employee is not required to join the trade union, to be or to continue to be a member of the trade union, or to pay any dues, fees or assessments to the trade union, if amounts equal to any initiation fees, dues or other assessments are paid by the employee to, or are remitted by the employer to, a charitable organization agreed on by the employee and the trade union. (3) If the employee and the trade union fail to agree on a charitable organization for the purpose of subsection (2), the Board may designate a charitable organization registered as a charitable organization in Canada under Part I of the Income Tax Act (Canada) to which the amounts referred to in that subsection must be paid or remitted. 1988 cL-1.2 s27 Division 4 Employers' Organizations Capacity of employers' organization 30(1) For the purposes of this Act, an employers' organization is capable of (a) prosecuting and being prosecuted, and (b) suing and being sued. (2) An employers' organization and its acts are not unlawful by reason only that one or more of its objects are in restraint of trade to the extent that those objects are necessary for carrying out its duties under this Act. 1988 cL-1.2 s28 Suspension or expulsion from employers' organization 31 No employers' organization shall expel or suspend any of its members, or take disciplinary action against or impose any form of penalty on any person for any reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the employers' organization as a condition of acquiring or retaining membership in the employers' organization, unless that person has been (a) served personally or by double registered mail with specific charges in writing, and (b) given a reasonable time to prepare the person's defence. 1988 cL-1.2 s29 Division 5 Certification Applications for certification 32 A trade union may apply to the Board to be certified as the bargaining agent for the employees in a unit that the trade union considers appropriate for collective bargaining. 1988 cL-1.2 s30 Evidence in support of application for certification 33 An application for certification shall be supported by evidence, in a form satisfactory to the Board, that (a) at least 40% of the employees in the unit applied for, by (i) maintaining membership in good standing in the trade union, or (ii) applying for membership in the trade union and paying on their own behalf a sum of not less than $2 not longer than 90 days before the date the application for certification was made, or both, have indicated their support for the trade union, or (b) at least 40% of the employees in the unit applied for have, not longer than 90 days before the date the application for certification was made, indicated in writing their selection of the trade union to be the bargaining agent on their behalf. 1988 cL-1.2 s31 Inquiry into certification application 34(1) Before granting an application for certification, the Board shall satisfy itself, after any investigation that it considers necessary, that (a) the applicant is a trade union, (b) the application is timely, (c) the unit applied for, or a unit reasonably similar to it, is an appropriate unit for collective bargaining, (d) the employees in the unit the Board considers an appropriate unit for collective bargaining have voted, at a representation vote conducted by the Board, to select the trade union as their bargaining agent, and (e) the application is not prohibited by section 38. (2) Before conducting a representation vote the Board shall satisfy itself, on the basis of the evidence submitted in support of the application and the Board's investigation in respect of that evidence, that at the time of the application for certification the union had the support, in the form set out in section 33(a) or (b), of at least 40% of the employees in the unit applied for. (3) The Board shall conduct any representation vote and shall complete its inquiries into and consideration of an application for certification as soon as possible. 1988 cL-1.2 s32 Appropriate unit 35(1) In processing an application for certification, (a) the Board may accept the unit applied for if, in the opinion of the Board, that unit is an appropriate unit for collective bargaining, or (b) the Board may (i) alter or amend the description of the unit applied for, (ii) include employees in or exclude employees from the unit applied for, or the unit as altered or amended, or (iii) do any other things it considers appropriate, if, in the opinion of the Board, any altered or amended unit is reasonably similar to the unit applied for and is appropriate for collective bargaining. (2) Certifications for firefighters shall be granted on the basis that all firefighters of an employer shall be included in one bargaining unit. 1988 cL-1.2 s33;1995 cM-2.5 s3 Joint application by trade unions 36(1) Two or more trade unions that together claim to have been selected by at least 40% of the employees in a unit that the trade unions consider appropriate for collective bargaining may join in an application for certification as a bargaining agent. (2) When 2 or more trade unions join in an application in accordance with subsection (1), this Division applies to the trade unions in respect of the joint application and to all matters arising from the joint application as if the application had been made by one trade union. 1988 cL-1.2 s34 Timeliness of application for certification 37(1) No application for certification shall be made without the Board's consent (a) until at least 60 days after the applicant has complied with section 24(1)(a), or (b) while a lawful strike or lawful lockout is in effect. (2) An application for certification may be made, (a) if no collective agreement or certification of a bargaining agent is in effect in respect of any employees in the unit, at any time, (b) if a bargaining agent has been certified in respect of any of the employees in the unit, at any time after the expiration of 10 months from the date of the certification of the bargaining agent, unless a collective agreement has been entered into by the bargaining agent, (c) if the certification of a bargaining agent in respect of any of the employees in the unit is questioned or reviewed by the Court, at any time after the expiration of 10 months from the date of the final disposition of the question or review, unless the Court quashes the decision of the Board to certify the bargaining agent, (d) if a collective agreement for a term of 2 years or less is in force in respect of any of the employees in the unit, at any time in the 2 months immediately preceding the end of the term of the collective agreement, or (e) if a collective agreement for a term of more than 2 years is in force in respect of any of the employees in the unit, at any time (i) in the 11th or 12th month of the 2nd or any subsequent year of the term, or (ii) in the 2 months immediately preceding the end of the term. (3) Notwithstanding subsection (2), no application shall be made under clause (e)(i) of that subsection unless the application is made at least 10 months prior to the end of the term of the collective agreement. 1988 cL-1.2 s35;1989 c17 s11 Prohibitions on certification 38(1) A trade union shall not be certified as a bargaining agent if its administration, management or policy is, in the opinion of the Board, (a) dominated by an employer, or (b) influenced by an employer so that the trade union's fitness to represent employees for the purposes of collective bargaining is impaired. (2) A trade union shall not be certified as a bargaining agent if, in the opinion of the Board, picketing of the place of employment of the employees affected, or elsewhere, directly resulted in (a) employees becoming members of the trade union, (b) employees applying for membership in the trade union, or (c) employees indicating in writing their selection of the trade union to be the bargaining agent on their behalf. 1988 cL-1.2 s36 Certification 39 When the Board is satisfied with respect to the matters referred to in section 34(1) and satisfied, after considering any other relevant matter, that the trade union should be certified, the Board shall grant a certificate to the applicant trade union naming the employer and describing the unit in respect of which the trade union is certified as the bargaining agent. 1988 cL-1.2 s37 Effect of certification 40(1) When a trade union becomes a certified bargaining agent, it (a) has exclusive authority to bargain collectively on behalf of the employees in the unit for which it is certified and to bind them by a collective agreement, and (b) immediately replaces any other bargaining agent for employees in the unit for which it is certified. (2) When a trade union becomes a certified bargaining agent for employees in a unit, the certification of any trade union previously certified as the bargaining agent for any employees in the unit is revoked to the extent that the certification relates to those employees. (3) When a trade union becomes a certified bargaining agent for employees in a unit and at the time of certification a collective agreement is in force respecting those employees, the trade union (a) becomes a party to the collective agreement in place of the bargaining agent that was a party to the collective agreement in respect of the employees in the unit, and (b) may, insofar as the collective agreement applies to the employees and notwithstanding anything contained in the collective agreement, terminate the agreement at any time by giving the employer at least 2 months' notice in writing. (4) Subsection (3) does not apply to a trade union that becomes certified for a unit in respect of which it was already bound by a collective agreement negotiated as a result of voluntary collective bargaining. 1988 cL-1.2 s38 Consolidation of certificates 41(1) One or more certified bargaining agents may apply to the Board for the consolidation of certificates of one or more bargaining agents into a consolidated certificate. (2) When the Board, after any inquiry it considers necessary, is satisfied that the certificates of the bargaining agents should be consolidated, the Board shall issue a consolidated certificate (a) naming the trade union or trade unions as the certified bargaining agent or agents, (b) naming the employer in respect of which the trade union or trade unions are certified as bargaining agent or agents, and (c) describing the unit in respect of which the trade union or trade unions are certified as bargaining agent or agents. (3) When a consolidated certificate is issued, the Board may declare which collective agreements, if any, shall continue in force and which collective agreements, if any, shall terminate. 1988 cL-1.2 s39 Division 6 Voluntary Recognition Voluntary recognition 42 Subject to this Act, an employer has the right to bargain collectively with a voluntarily recognized trade union acting on behalf of the employer's employees or a unit of them. 1988 cL-1.2 s40 Collective bargaining with voluntarily recognized trade union 43(1) An employer who is a party to or bound by a collective agreement entered into as a result of voluntary collective bargaining, if served with a notice to bargain collectively with a trade union in accordance with section 59(2), may not refuse to bargain collectively in accordance with the notice unless, at least 6 months prior to the expiry date set out in the collective agreement, the employer served the trade union with notice of the employer's intention to terminate the employer's recognition of the trade union and to refuse to bargain collectively. (2) If a trade union receives a notice under subsection (1), the trade union may apply to the Board to become certified for the unit to which the notice relates, notwithstanding section 37(2)(d) or (e). 1988 cL-1.2 s41 Extension of certificate 44 Where a trade union (a) is the certified bargaining agent on behalf of a unit of employees, (b) has bargained a collective agreement on behalf of any other employees of the same employer, and (c) is served with a notice of intention to terminate recognition pursuant to section 43 in respect of those other employees, the trade union may apply to the Board to vary the original certificate and, on receipt of the application, and after conducting any votes and inquiries that the Board considers necessary, the Board may vary or decline to vary the certificate in question. 1988 cL-1.2 s42 Division 7 Modification of Bargaining Rights Modification of certification of a bargaining agent 45 The Board may, on the application of any trade union or employer affected, modify the description of a bargaining unit contained in any certificate if it is satisfied that (a) the former certificate no longer appropriately describes the circumstances of collective bargaining between the parties, (b) the modification is not such as may call into question the union's majority support within the bargaining unit, and (c) it is otherwise appropriate to make the modification. 1988 cL-1.2 s43 Effect of sale of business 46(1) When a business or undertaking or part of it is sold, leased, transferred or merged with another business or undertaking or part of it, or otherwise disposed of so that the control, management or supervision of it passes to the purchaser, lessee, transferee or person acquiring it, that purchaser, lessee, transferee or person is, where there have been proceedings under this Act, bound by those proceedings and the proceedings shall continue as if no change had occurred, and (a) if a trade union is certified, the certification remains in effect and applies to the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, and (b) if a collective agreement is in force, the collective agreement binds the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it as if the collective agreement had been signed by that person. (2) Where a question arises under this section, the Board, on the application of any employer, trade union or person affected, may determine what rights, privileges and duties have been acquired or retained and the Board may, for that purpose, make any inquiries and direct the taking of any votes that it considers necessary and decide any questions arising under this section, and (a) the Board may determine and declare which trade union is or which trade unions shall be the bargaining agent or agents for a unit or units of employees of the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, (b) if a trade union or trade unions are certified with respect to the business or undertaking or part of it, or with respect to the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, the Board may amend or revoke any certificate and determine and declare that one or more certificates or certificates as amended are in effect or remain in effect and apply to the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, (c) if one or more collective agreements are in force with respect to the business or undertaking or part of it, or with respect to the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, the Board may cancel any of those agreements or amend any of those agreements with respect to the employees covered by the agreements and determine and declare that one or more collective agreements or collective agreements as amended are in effect or remain in effect and bind the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it, and (d) if there are proceedings under this Act before the date of sale, lease, transfer or other disposition of the business or undertaking or part of it, the Board may determine and declare whether those proceedings are binding on or the extent to which those proceedings are binding on the purchaser, lessee, transferee or person acquiring the business or undertaking or part of it. 1988 cL-1.2 s44 Spin-offs 47(1) On the application of an employer or a trade union affected, when, in the opinion of the Board, associated or related activities or businesses, undertakings or other activities are carried on under common control or direction by or through more than one corporation, partnership, person or association of persons, the Board may declare the corporations, partnerships, persons or associations of persons to be one employer for the purposes of this Act. (2) If, in an application under subsection (1), the Board considers that activities or businesses, undertakings or other activities are carried on by or through more than one corporation, partnership, person or association of persons in order to avoid a collective bargaining relationship, the Board shall make a declaration under subsection (1) with respect to those corporations, partnerships, persons or associations and the Board may grant any relief, by way of declaration or otherwise, that it considers appropriate, effective as of the date on which the application was made or any subsequent date. (3) This section does not apply with respect to employers engaged in the construction industry in respect of work in that industry. 1988 cL-1.2 s45 Governing bodies 48(1) In this section, "governing body" means (a) a city, town, village or summer village, (b) a municipal district, (c) a board of trustees of a school district or division, (d) the owner or operator of a non-regional hospital as defined in the Hospitals Act, or (e) a regional health authority. (2) When a governing body is incorporated or established and replaces or takes the place in whole or in part of another or other governing bodies or when one or more governing bodies are in whole or in part formed into, incorporated into or annexed to another governing body or governing bodies, the Board may on the application of any governing body or trade union affected (a) declare which governing body is bound by proceedings under this Act, (b) determine whether the employees concerned constitute one or more appropriate units for collective bargaining, (c) declare which trade union is or which trade unions are, if any, to be the bargaining agent or agents on behalf of the employees, (d) amend, to the extent the Board considers necessary, any certificate issued to any trade union or any bargaining unit defined in any collective agreement, and (e) declare which collective agreement, if any, shall continue in force and to what extent it shall continue in force and which collective agreement, if any, shall terminate, and before disposing of the application under this subsection, the Board may make any inquiries, require the production of any evidence and the doing of any things or conduct any votes that it considers appropriate. RSA 2000 cL-1 s48;2003 c6 s3 Successor trade union 49(1) When a trade union claims that, by reason of a merger or amalgamation or a transfer of jurisdiction of a trade union, it is the successor of a trade union that at the time of the merger, amalgamation or transfer of jurisdiction was the bargaining agent for a unit of employees of an employer, the Board in any proceedings before it or on the application of any person or trade union concerned may declare that the successor trade union has acquired the rights, privileges and duties under this Act of its predecessor. (2) Before issuing a declaration under subsection (1), the Board may make any inquiries, require the production of any evidence or conduct any votes that it considers appropriate. (3) When the Board makes a declaration under subsection (1), the successor trade union is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement or otherwise. 1988 cL-1.2 s47 Division 8 Revocation of Bargaining Rights Definition 50 In this Division, "bargaining rights" means those rights held by a trade union with respect to a unit of employees of an employer, (a) arising out of a certification granted by the Board, or (b) arising as a result of the employer's having voluntarily entered into a collective agreement with the trade union, and any subsisting obligation to bargain with the trade union arising as a result of any notice to bargain given pursuant to this Act or the collective agreement, unless the employer has given notice of the employer's intention to terminate recognition pursuant to section 43(1), and only insofar as the dispute arising out of any notice to bargain continues. 1988 cL-1.2 s48 Application for revocation of bargaining rights 51(1) An application to revoke bargaining rights may be made by the trade union, the employees within the unit, or the employer or former employer to whom the bargaining rights relate. (2) If an application for revocation of bargaining rights is made by the employees within the unit, the application shall be supported by evidence, in a form satisfactory to the Board, that at least 40% of the employees within the unit have indicated in writing their support for the revocation of the bargaining rights of the trade union. 1988 cL-1.2 s49 Timeliness of application for revocation 52(1) No application for revocation of bargaining rights may be made without the Board's consent while a lawful strike or lawful lockout is in effect. (2) An application for revocation of bargaining rights may be made by the trade union at any time when there is no collective agreement in effect. (3) An application for revocation of bargaining rights may be made by the employees in the unit (a) if no collective agreement is in force in respect of any of the employees in the unit, at any time after the expiration of 10 months from the date of the certification of the trade union, and at any time if the trade union is not certified, (b) if the certification of a bargaining agent in respect of any of the employees in the unit is questioned or reviewed by the Court, at any time after the expiration of 10 months from the date of the final disposition of the question or review, unless the Court quashes the decision of the Board to certify the bargaining agent, (c) if a collective agreement for a term of 2 years or less is in force in respect of any of the employees in the unit, at any time in the 2 months immediately preceding the end of the term of the collective agreement, or (d) if a collective agreement for a term of more than 2 years is in force in respect of any of the employees in the unit, at any time (i) in the 11th or 12th month of the 2nd or any subsequent year of the term, or (ii) in the 2 months immediately preceding the end of the term. (4) Notwithstanding subsection (3), no application may be made under clause (d)(i) of that subsection unless the application is made at least 10 months prior to the end of the term of the collective agreement. (5) An application for revocation of bargaining rights may be made by an employer or former employer only if the employer or former employer and the bargaining agent have not bargained collectively for a period of 3 years (a) after the date of certification, if no collective agreement has been entered into affecting the employer or former employer and the bargaining agent, or (b) after the first date fixed for the termination of the collective agreement, if a collective agreement has been entered into affecting the employer or former employer and the trade union. 1988 cL-1.2 s50 Inquiry into revocation application 53(1) Before granting an application for revocation, the Board shall satisfy itself, after any investigation that it considers necessary, that (a) the application is timely, (b) in the case of an application by an employer or by the employees in the unit, the employees have voted, at a representation vote conducted by the Board, in favour of the revocation of bargaining rights of the trade union as their bargaining agent, (c) in the case of an application by a former employer (i) the bargaining agent has abandoned its bargaining rights, or (ii) there have been no employees in the unit represented by the trade union for a period of at least 3 years. (2) Before conducting a representation vote on an application for revocation brought by employees, the Board shall satisfy itself, on the basis of the evidence submitted in support of the application and the Board's investigation in respect of that evidence, that at the time of the application for revocation 40% of the employees within the unit indicated in writing their support for the application for revocation. (3) The Board shall conduct any representation vote and shall complete its inquiries into and consideration of an application for revocation of bargaining rights as soon as possible. 1988 cL-1.2 s51 Revocation of bargaining rights 54(1) When the Board is satisfied with respect to the matters referred to in section 53(1) and satisfied, after considering any other relevant matter, that the bargaining rights of the trade union should be revoked, the Board shall grant a declaration that the trade union's bargaining rights are revoked, and revoke any certification. (2) When the bargaining rights of a trade union are revoked, (a) the employer is not required to bargain collectively with the trade union, (b) any collective agreement in effect at the time of the revocation becomes void and of no effect with respect to that employer and that employer's employees in the unit represented by that trade union, and (c) the trade union shall not negotiate or enter into a collective agreement or apply for certification for the same or substantially the same unit with the employer to whom the bargaining rights relate for a period of 6 months from the date of the revocation of the bargaining rights. 1988 cL-1.2 s52 Revocation without application 55(1) Notwithstanding sections 51 to 54(1), the Board may at any time give notice of its intention to revoke the bargaining rights of a trade union to the trade union and the employer or employers' organization affected by the proposed revocation. (2) If the Board receives an objection to the proposed revocation of bargaining rights within 60 days after giving the notification referred to in subsection (1), it shall not revoke the bargaining rights pursuant to the notice. (3) The Board may make rules governing the form of notice to be given under this section, including, in cases where the Board has reason to believe that the trade union, employer or employers' organization is no longer in existence, rules dispensing with notice. 1988 cL-1.2 s53 Division 9 General Provisions on Certification and Voluntary Recognition Continuation of collective agreement not a bar to certain applications 56 When notice to commence collective bargaining has been served by either party to a collective agreement and by operation of law or by agreement of the parties the agreement continues beyond the date fixed for the termination of the agreement, the continuation is not a bar to an application for (a) certification as a bargaining agent, (b) revocation of the certification of a bargaining agent, (c) a declaration that a bargaining agent is no longer entitled to bargain collectively, or (d) cancellation of a registration certificate. 1988 cL-1.2 s54 Overriding provision concerning application 57 Notwithstanding anything in this Act, if an application for (a) certification as a bargaining agent, (b) revocation of the certification of a bargaining agent, (c) a declaration that a bargaining agent is no longer entitled to bargain collectively, (d) registration of an employers' organization, or (e) cancellation of the registration certificate of an employers' organization, has been refused by the Board or withdrawn by the applicant, the applicant shall not, without the consent of the Board, make the same or substantially the same application until after the expiration of 90 days from the date of the refusal or withdrawal. 1988 cL-1.2 s55 Representation vote 58(1) A representation vote shall be decided on the basis of a majority of the ballots cast by employees in the bargaining unit. (2) For the purposes of conducting any representation vote, the Board may deem a person to be an employee or not to be an employee on a given date where in the Board's opinion it is appropriate to do so. 1988 cL-1.2 s56 Division 10 Collective Bargaining Notice to commence collective bargaining 59(1) When a certified bargaining agent, an employer or an employers' organization wishes to commence collective bargaining, (a) the certified bargaining agent may serve on the employer or employers' organization, or (b) the employer or employers' organization may serve on the certified bargaining agent, a notice to commence collective bargaining. (2) Subject to section 43(1), when a collective agreement is in effect, either party to the collective agreement may, not less than 60 days and not more than 120 days preceding the expiry of the term of the collective agreement or within any longer period that may be provided for in the collective agreement, by notice in writing, require the other party to the collective agreement to commence collective bargaining. 1988 cL-1.2 s57 Commencement of bargaining 60(1) When a notice to commence collective bargaining has been served under this Division, the bargaining agent and the employer or employers' organization, not more than 30 days after notice is served, shall (a) meet and commence, or cause authorized representatives to meet and commence, to bargain collectively in good faith, and (b) make every reasonable effort to enter into a collective agreement. (2) The bargaining agent and the employer or employers' organization shall exchange bargaining proposals within 15 days after the first time they meet for the purpose of collective bargaining or within any longer time agreed on by the parties. (3) No employer, employers' organization or bargaining agent and no authorized representative acting on behalf of any of them, after having served or having been served with a notice to commence collective bargaining pursuant to this Division, shall refuse or fail to comply with subsections (1) and (2). 1988 cL-1.2 s58 Representatives for collective bargaining 61(1) A notice to commence collective bargaining must contain or be accompanied with a statement showing the name and address of the person or persons resident in Alberta who are authorized to do all of the following on behalf of the employer, employers' organization or bargaining agent: (a) bargain collectively; (b) conclude a collective agreement; (c) sign a collective agreement. (2) When an employer, employers' organization or bargaining agent is served with a notice to commence collective bargaining, it shall forthwith serve on the other party to the collective bargaining a statement showing the name and address of the person or persons resident in Alberta who are authorized to do the things referred to in subsection (1) on behalf of the employer, employers' organization or bargaining agent. (3) In addition to the statements referred to in subsections (1) and (2), the parties to the collective bargaining shall exchange the names and addresses of the persons who comprise the bargaining committees appointed to bargain on behalf of the parties. (4) The bargaining committee appointed to bargain on behalf of a party must include at least one representative from the employers or trade union locals, as the case may be, on whose behalf the negotiations are being conducted. (5) Any changes with respect to the persons referred to in subsections (1) to (3) shall forthwith be given to the other party to the collective bargaining. (6) On the written request of the other party to the collective bargaining, the employer, employers' organization or bargaining agent shall advise the other party whether the authority to bargain of the person or group of persons referred to in subsections (1) to (3) is subject to ratification and, if so, by whom. (7) If a party to the collective bargaining has advised the other party of a ratification procedure pursuant to subsection (6), the procedure shall not be changed unless the other party is notified in writing of the change. (8) All notifications required by this section shall, on request, be provided to the Director or a mediator. 1988 cL-1.2 s59 Authorization of employers' organization 62(1) When an employers' organization serves notice to commence collective bargaining, the notice must contain or be accompanied with (a) a current list of the names and addresses of the employers on whose behalf the employers' organization is authorized to bargain collectively, and (b) a copy of each authorization given by the employers. (2) When an employers' organization is served with a notice to commence collective bargaining, it shall, within 10 days after the day on which it receives the notice, serve on the bargaining agent the lists and authorizations referred to in subsection (1). (3) An employers' organization shall file a copy of the lists and authorizations served under subsection (1) or (2) with the Director forthwith after it serves or is served with a notice to commence collective bargaining. (4) On service of the lists and authorizations in accordance with subsection (1) or (2), as the case may be, the employers' organization is deemed to be bargaining collectively for all the employers who are named in the list and who gave their authorization. (5) An employer may be added to the list of employers on whose behalf the employers' organization is deemed to be bargaining collectively if (a) the bargaining agent and the employers' organization agree to add the employer to the list, and (b) an authorization of the employer is served forthwith on the bargaining agent and on the Director. (6) An authorization under this section may be given by a director or other official of the employer and, on being given, that authorization is deemed to be the authorization of the employer. (7) When an employer has authorized an employers' organization to bargain collectively on the employer's behalf, the authorization may not be revoked until (a) a collective agreement has been entered into between the employers' organization and the bargaining agent, or (b) a lawful strike or lawful lockout commences in accordance with this Act, whichever first occurs. 1988 cL-1.2 s60 Service during collective bargaining 63(1) Subject to this Act and any rules made by the Board under section 12(2)(g), anything that is required or permitted to be served under this Division or Divisions 11 to 13 is deemed to be properly served if it is served, (a) in the case of service on an individual, (i) personally or by leaving it for the individual at the individual's last or most usual place of abode with some person who appears to be at least 18 years old, or (ii) by sending it to the individual by registered or certified mail at the individual's last known postal address; (b) in the case of service on a corporation, (i) personally on a director, manager or officer of the corporation or by leaving it for the director, manager or officer at the director's, manager's or officer's address with some person who appears to be at least 18 years old, or (ii) by leaving it at or by sending it by registered or certified mail to the registered office of a corporation or to the office of the attorney of an extra-provincial corporation; (c) in the case of service on a trade union or employers' organization, (i) personally on the president, secretary or an officer of the trade union or employers' organization or by leaving it at the president's, secretary's or officer's address with some person who appears to be at least 18 years old, or (ii) by sending it by registered or certified mail to the address of the president, secretary or an officer of the trade union or employers' organization; (d) in the case of service on an employer, employers' organization or trade union that is represented by a bargaining committee, (i) personally on the chair or any member of the bargaining committee or by leaving it at the chair's or member's address with a person who appears to be at least 18 years old, or (ii) by sending it by registered or certified mail to the address of the chair or any member of the bargaining committee. (2) Service on the chair or a member of the bargaining committee of an employer or employers' organization is also good service on the employers represented by that bargaining committee. (3) Service on the chair or a member of the bargaining committee of a trade union is also good service on the trade union and on the employees represented by that trade union. (4) If it is necessary to prove service of anything under this section, (a) if service is effected personally, the date on which it is served is the date of service, (b) if service is effected by registered mail or certified mail, service of it is deemed to have occurred 7 days after the date of mailing, and (c) if service is effected by leaving it with a person, service of it is deemed to have been made on the date it was so left. 1988 cL-1.2 s61 Division 11 Mediation and Enhanced Mediation Informal mediation 64 Any time after a notice to commence collective bargaining is served, either or both parties to the collective bargaining may request the Director to provide the services of a mediator to informally assist in the negotiation process. 1988 cL-1.2 s62 Appointment of mediator 65(1) Any time after a notice to commence collective bargaining is served under section 59, whether or not a mediator has been made available under section 64, (a) either or both parties to a dispute may request the Director to appoint a mediator, or (b) the Minister may require the Director to appoint a mediator, to assist the parties in resolving the dispute. (2) The Director (a) may appoint a mediator if the Director receives a request under subsection (1)(a), and (b) shall appoint a mediator if the Director receives a request under subsection (1)(b). (3) The mediator shall, in any manner that the mediator considers fit, inquire into the dispute and endeavour to effect a settlement. (4) During the mediator's inquiry the mediator shall (a) hear any representations made to the mediator by the parties to the dispute, (b) mediate between the parties to the dispute, and (c) encourage the parties to the dispute to effect a settlement. (5) If no settlement is effected between the parties within 14 days after the later of (a) the date of the appointment of the mediator under subsection (2), or (b) if a vote is conducted on an offer under section 69, the date on which the parties are notified of the results of the vote or within any longer period agreed on by the parties to the dispute or fixed by the Director, the mediator shall do either of the things referred to in subsection (6). (6) If subsection (5) applies, the mediator shall (a) recommend terms for settlement to the parties for them to accept or reject within a time fixed by the mediator, or (b) notify the parties that the mediator does not intend to make a recommendation under clause (a). (7) There shall be a cooling-off period of 14 days from the latest of (a) the date on which the mediator notifies the parties that the mediator does not intend to recommend terms of settlement, (b) the date fixed by the mediator for acceptance or rejection of the recommendations of the mediator under subsection (6)(a), and (c) if a vote is requested under section 66, the date on which the parties are notified of the results of the vote. 1988 cL-1.2 s63 Collective agreement after recommendations 66(1) If the parties to a dispute accept the recommendations of the mediator under section 65(6)(a), the parties shall notify the mediator accordingly and the recommendations are binding on the parties and shall be included in the terms of a collective agreement. (2) If a party rejects the recommendations of the mediator under section 65(6)(a), the party shall notify the mediator accordingly. (3) If one party to the dispute accepts the recommendations of the mediator under section 65(6)(a) within the time fixed by the mediator under section 65(6)(a), the party may request the Board to conduct a vote on the acceptance or rejection of the recommendations by the other party in accordance with Division 12. (4) A party to a dispute that accepts the recommendations made by the mediator pursuant to section 65(6)(a) ceases to be bound by the acceptance (a) if a vote of the other party is requested, at the time a vote rejecting the proposal is announced under section 70, or (b) if no vote is requested, at the expiry of the time fixed for the other party's acceptance under section 65(6)(a) unless the other party also accepts the terms of settlement. 1988 cL-1.2 s64 Questions on recommendations 67 If a question arises requiring clarification of the recommendations of a mediator, the mediator, at the request of one or both parties, may consider and decide the question. 1988 cL-1.2 s65 Division 12 Votes on Proposals Vote on mediator's recommendations 68(1) When the Board receives a request from a party to conduct a vote on a mediator's recommendations under section 66(3), it shall conduct a vote or poll in accordance with this Division. (2) If the mediator has been requested to consider and decide a question under section 67, the Board may delay the conduct of the vote or poll under section 66(3) until the mediator decides the question. 1988 cL-1.2 s66 Vote on offer 69(1) At any time after the exchange of proposals under section 60, either party to the collective bargaining may apply to the Board to conduct a vote as to the acceptance or rejection of its most recent offer presented to the other party. (2) If a party applies to the Board under subsection (1), the Board shall, if it is satisfied that the offer, if accepted, could form a collective agreement, conduct a vote or poll in accordance with this Division. (3) Each party is entitled to apply for a vote or poll under this section only once during each dispute. 1988 cL-1.2 s67 Conduct of vote 70(1) On receipt of a request under section 66(3) or 69(1), the Board shall (a) in the case where the party with respect to which the vote is to be conducted is a bargaining agent, conduct a vote of the employees affected by the dispute who are represented by the bargaining agent, (b) in the case where the party with respect to which the vote is to be conducted is an employers' organization, conduct a vote of the employers affected by the dispute who are represented by the employers' organization, and (c) in the case where the party with respect to which the vote is to be conducted is an employer, poll the employer on the acceptance or rejection of the recommendations of the mediator or the offer, as the case may be. (2) When the Board polls an employer or conducts a vote under subsection (1), it shall do so as soon as practicable and shall notify the parties to the dispute and the mediator, if any, of the results of the poll or vote on its conclusion. (3) If an employer who is polled or a majority of those employees or employers who vote under this section and the other party to the dispute are in favour of accepting the recommendations of the mediator or the offer, as the case may be, the recommendations or offer is binding on the parties and shall be included in the terms of a collective agreement. (4) Notwithstanding subsection (3), if the ratification procedure referred to in section 61(6) for an employers' organization requires ratification by the employers on a weighted vote system, a vote for acceptance or rejection of the recommendations of the mediator or the offer, as the case may be, by the employers shall be determined on the basis of that weighted vote system. 1988 cL-1.2 s68 Division 13 Strikes and Lockouts No strike unless permitted 71 No employees, no bargaining agent and no person acting on their behalf shall strike or cause a strike or threaten to strike or to cause a strike unless that strike is permitted by this Act. 1988 cL-1.2 s69 No lockout unless permitted 72 No employer, no employers' organization and no person acting on their behalf shall lock out or cause a lockout or threaten to lock out or to cause a lockout unless that lockout is permitted by this Act. 1988 cL-1.2 s70 Conditions under which strike permitted 73 An employee, bargaining agent or person acting on behalf of a bargaining agent is entitled to strike or cause a strike if (a) no collective agreement is in force, other than as a result of section 130, (b) a strike vote was held under this Division (i) that remains current, (ii) for which the results have been filed with the Board, and (iii) that resulted in a majority in favour of a strike, (c) strike notice is given in accordance with this Division, (d) the strike commences on the day and at the time and location specified in the strike notice or, if an amendment to the strike notice is agreed to and is permitted under this Division, on the day and at the time and location specified in the amended strike notice, and (e) in a case where a disputes inquiry board is established before the commencement of the strike, the time limits referred to in section 105(3) have expired. 1988 cL-1.2 s71 Conditions under which lockout permitted 74 An employer or employers' organization is entitled to cause a lockout if (a) no collective agreement is in force, other than as a result of section 130, (b) a lockout vote was held under this Division (i) that remains current, (ii) for which the results have been filed with the Board, and (iii) that resulted in a majority in favour of a lockout, (c) lockout notice is given in accordance with this Division, (d) the lockout commences on the day and at the time and location specified in the lockout notice or, if an amendment to the lockout notice is agreed to and is permitted under this Division, on the day and at the time and location specified in the amended lockout notice, and (e) in a case where a disputes inquiry board is established before the commencement of the lockout, the time limits referred to in section 105(3) have expired. 1988 cL-1.2 s72 Application to Board to supervise strike or lockout vote 75(1) A bargaining agent that is a party to a dispute may apply to the Board to supervise a strike vote, and an employer or employers' organization that is a party to a dispute may apply to the Board to supervise a lockout vote. (2) No strike or lockout vote shall be supervised while a collective agreement is in force unless that agreement is in force pursuant to section 130. (3) No strike or lockout vote shall be supervised until a mediator has been appointed under section 65 and the cooling-off period referred to in subsection (7) of that section has expired. 1988 cL-1.2 s73 Supervision of strike or lockout vote 76(1) On receipt of an application under section 75 to supervise a strike vote, the Board shall, (a) if the bargaining agent is in dispute with a single employer, forthwith supervise a vote of the employees of the employer affected by the dispute, or (b) if the bargaining agent is in dispute with an employers' organization, forthwith supervise a vote of the employees of the employers affected by the dispute on whether the employees wish to strike. (2) On receipt of an application under section 75 to supervise a lockout vote, the Board shall (a) in the case of a single employer, forthwith poll the employer, and (b) in the case of an employers' organization, forthwith supervise a vote of those employers affected by the dispute on whether the employer or employers wish to lock out. (3) The results of a strike vote or a lockout vote must be determined on the basis of a majority of those persons who actually vote. (4) If a question arises with respect to a strike vote or lockout vote, it shall be referred to the Board, whose decision is final and binding. (5) In this section, (a) "employees of the employer affected by the dispute" or "employees of the employers affected by the dispute" (i) means employees of the employer or employers, as the case may be, employed in the unit affected by the dispute at any time during the 60 days preceding the date, or the last date if there is more than one, fixed for taking the strike vote, but (ii) does not include employees who are engaged in a project that is the subject of a collective agreement entered into under Part 3, Division 8; (b) "employers affected by the dispute" means employers affected by the dispute who have employed any employees referred to in clause (a) entitled to vote at a vote under subsection (1) at any time during the 60 days preceding the date, or the last date if there is more than one, fixed for taking the lockout vote. 1988 cL-1.2 s74;1990 c29 s14 Expiry of vote and right to strike or lock out 77(1) If no strike or lockout occurs within 120 days after the day on which the strike vote or lockout vote was conducted, the strike or lockout vote is deemed to be void and no person shall strike or lock out or cause a strike or lockout unless a new strike vote or lockout vote has been conducted in accordance with this Division. (2) Notwithstanding subsection (1), no strike or lockout vote may be taken with respect to a dispute after the expiry of 2 years from the end of the cooling-off period referred to in section 65(7). (3) If a strike or lockout vote is prohibited under subsection (2), the dispute is deemed to no longer exist. 1988 cL-1.2 s75 Service of strike or lockout notice 78(1) A bargaining agent shall not cause a strike unless it (a) personally serves a written strike notice on the employer or employers' organization that is a party to the dispute giving at least 72 hours' notice of the date, time and initial location at which the strike will commence, and (b) forthwith after service of the notice referred to in clause (a), notifies the mediator appointed under section 65, giving the mediator notice of the date, time and initial location at which the strike will commence. (2) An employer or an employers' organization shall not lock out or cause a lockout unless it (a) personally serves a written lockout notice on the bargaining agent that is a party to the dispute giving at least 72 hours' notice of the date, time and initial location at which the lockout will commence, and (b) forthwith after service of the notice referred to in clause (a), notifies the mediator appointed under section 65, giving the mediator notice of the date, time and initial location at which the lockout will commence. 1988 cL-1.2 s76 Strike or lockout notice extended by agreement 79(1) If the parties to a dispute agree in writing to do so, a strike notice or a lockout notice may be amended one or more times after it has been served by changing the date, time or initial location or any of them specified for the commencement of the strike or lockout. (2) The mediator who was notified under section 78 shall be forthwith notified of any amendment to the strike notice or the lockout notice. 1988 cL-1.2 s77 Strike or lockout notice becomes ineffective 80 If a strike or lockout does not or is not permitted to occur (a) on the date and at the time and location specified in the strike notice or lockout notice, or (b) if the notice is amended, on the date and at the time and location specified in the amended notice, the notice becomes ineffective and another notice must be served in accordance with section 78 before the party concerned strikes or locks out or causes a strike or lockout, as the case may be. 1988 cL-1.2 s78 Settlement of strike affecting employers' organization 81(1) When a bargaining agent is entitled to cause a strike and wishes to do so in respect of an employers' organization, it shall cause the strike in respect of all employers affected by the dispute on whose behalf the employers' organization bargains collectively. (2) When a strike commences affecting employers who authorized an employers' organization that is not a registered employers' organization to bargain collectively on their behalf, the bargaining agent may, at any time after the strike commences, make a settlement with any employer. (3) When a strike commences that affects employers on whose behalf a registered employers' organization bargains collectively, the bargaining agent may, 60 days after the date the strike commences, make a settlement with one or more of the employers. (4) An employer on whose behalf a registered employers' organization bargains collectively and the bargaining agent shall not settle the matters in dispute between them during the 60 days following the date the strike commences. 1988 cL-1.2 s79 Settlement of lockout called by employers' organization 82(1) When an employers' organization is entitled to cause a lockout and wishes to do so, all employers affected by the dispute on whose behalf the employers' organization bargains collectively shall participate in the lockout. (2) When a lockout commences that affects employers who authorized an employers' organization that is not a registered employers' organization to bargain collectively on their behalf, an employer may, at any time after the lockout commences, make a settlement with the bargaining agent. (3) When a lockout commences that affects employers on whose behalf a registered employers' organization bargains collectively, an employer may, 60 days after the date the lockout commences, make a settlement with the bargaining agent. (4) An employer on whose behalf a registered employers' organization bargains collectively and the bargaining agent shall not settle the matters in dispute between them during the 60 days following the date the lockout commences. 1988 cL-1.2 s80 Agreement re sections 81 and 82 83(1) If a settlement of a dispute is effected contrary to section 81 or 82, any agreement arising from that settlement is void and of no effect. (2) A settlement under section 81 or 82 remains in effect until the earliest of (a) the revocation of the bargaining rights of a trade union, (b) either (i) the expiry of the term specified in the settlement, or (ii) one year, if the term is unspecified, and (c) the entering into a collective agreement between the employers' organization or registered employers' organization and the bargaining agent or agents. 1988 cL-1.2 s81 Division 14 Regulation of Strikes, Lockouts and Picketing Picketing 84(1) Subject to subsection (2), during a strike or lockout that is permitted under this Act anyone may, at the striking or locked-out employees' place of employment and not elsewhere, in connection with any labour relations dispute or difference and without acts that are otherwise unlawful, peacefully engage in picketing to persuade or endeavour to persuade anyone not to (a) enter the employer's place of business, operations or employment, (b) deal in or handle the products of the employer, or (c) do business with the employer. (2) On the application of any person affected by the strike or lockout the Board may, in addition to and without restricting any other powers under this Act including the powers of the Board with respect to section 154, (a) determine whether any premises are the place of employment for the purposes of subsection (1), and (b) regulate persons and trade unions who act in respect of activities under subsection (1) and by order declare what number of persons may act under that subsection, determine the location and time of that action and make any other declarations that the Board considers advisable. (3) When the Board makes a determination or order under subsection (2) it shall consider the following: (a) the directness of the interest of persons and trade unions acting under subsection (1), (b) violence or the likelihood of violence in connection with actions under subsection (1), (c) the desirability of restraining actions under subsection (1) so that the conflict, dispute or difference will not escalate, and (d) the right to peaceful free expression of opinion. (4) Except in accordance with subsection (1) and any determination or order of the Board under subsection (2), no person shall in connection with a labour relations dispute or difference engage in picketing. 1988 cL-1.2 s82 Refusal to work 85 No employee shall (a) refuse to perform work for the employee's employer for the reason that other work was or will be performed or was not or will not be performed by any person or class of persons who were not or are not members of a trade union or a particular trade union, or (b) refuse to take delivery of goods from a carrier or refuse to assist the carrier in the loading of goods for shipment except where the carrier and the carrier's employees are engaged in a lawful strike or lawful lockout. 1988 cL-1.2 s83 Board powers over unlawful strikes, etc. 86 Where the Board is satisfied that (a) a trade union called or authorized or threatened to call or authorize an unlawful strike, (b) an officer, official or agent of a trade union counselled, procured, supported or encouraged an unlawful strike or threatened an unlawful strike, (c) employees engaged in or threatened to engage in an unlawful strike, (d) any person has done or is threatening to do an act and the person knows or ought to know that, as a probable and reasonable consequence of that act, another person or persons will engage in an unlawful strike, or (e) a trade union, employee or other person has contravened section 84 or 85, the Board may, in addition to and without restricting any other powers under this Act, so declare and may direct what action, if any, a person, employee, employer, employers' organization or trade union and its officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or threat of an unlawful strike or the contravention of section 84 or 85. 1988 cL-1.2 s84 Board powers over unlawful lockout, etc. 87 Where the Board is satisfied that (a) an employer or employers' organization called or authorized or threatened to call or authorize an unlawful lockout, or (b) an officer, official or agent of an employer or employers' organization counselled, procured, supported or encouraged an unlawful lockout or threatened an unlawful lockout, the Board may, in addition to and without restricting any other powers under this Act, so declare and may direct what action, if any, a person, employee, employer, employers' organization or trade union and its officers, officials or agents shall do or refrain from doing with respect to the unlawful lockout or threat of an unlawful lockout. 1988 cL-1.2 s85 Effect of directive 88(1) A directive or interim directive to cease a strike or lockout that is not permitted under this Act, or any directive or interim directive under section 86 or 87, is binding on the employer, employers' organization, employee, trade union or other person to whom it is directed with respect to the strike or lockout referred to in the directive or interim directive and any future strike or lockout that occurs for the same or substantially the same reason. (2) Notwithstanding section 18(6), the Board may file a copy of a directive or interim directive referred to in subsection (1) with the Court and, on filing, the directive is enforceable as a judgment or order of the Court. (3) Service of a directive or interim directive under section 86 or 87 in accordance with this Act or any rules or directives of the Board, in addition to being service of the directive or interim directive, is deemed to be service of the judgment or order of the Court under subsection (2) of this section when that directive or interim directive is filed with the Court. 1988 cL-1.2 s86 Employment continues 89 No person ceases to be an employee within the meaning of this Act by reason only of the person ceasing to work as a result of a lawful lockout or a lawful strike. 1988 cL-1.2 s87 Reinstatement of employee 90(1) When a strike or lockout ends (a) as a result of a settlement, (b) on the termination of bargaining rights of the bargaining agent, or (c) on the expiration of 2 years from the date the strike or lockout commenced, any employee affected by the dispute whose employment relationship with the employer has not been otherwise lawfully terminated is entitled, on request, to resume the employee's employment with the employer in preference to any employee hired by the employer as a replacement employee for the employee making the request during the strike or lockout. (2) The request of an employee under subsection (1) must be made in writing (a) within 14 days after the date on which the employee learns that the strike or lockout has ended and in any case within 30 days after the date on which the strike or lockout ended, if the strike or lockout ends in the manner referred to in clause (a) or (b) of that subsection, or (b) forthwith, if the strike or lockout ends in the manner referred to in clause (c) of that subsection. (3) Nothing in subsection (1) (a) prevents the parties to a dispute from agreeing on a mechanism for an orderly return to work within a reasonable period after a strike or lockout is over, or (b) requires an employer to reinstate an employee where (i) the employer no longer has persons engaged in performing work the same or similar to work that the employee performed prior to the employee's cessation of work, or (ii) there has been a suspension or discontinuance for cause of an employer's operations or any part of them, but, if the employer resumes those operations, the employer shall first reinstate those employees who have requested a resumption of employment. (4) An employer shall, on the request of any employee returning to work at the end of a strike or lockout, where there is no collective agreement in place, reinstate the employee in the employee's former employment on any terms that the employer and the employee may agree on, and the employer in offering terms of employment shall not discriminate against the employee because of the employee exercising or having exercised any rights under this Act. 1988 cL-1.2 s88 Jurisdiction of court 91 No court shall grant any injunction or other process that has the effect of restraining a strike or lockout or restraining or limiting picketing in respect of a labour dispute to which this Act applies unless (a) there is a reasonable likelihood of danger to persons or property, or (b) resort to the Board is impractical in the circumstances, in which case the court may issue an order, which shall remain effective until the time that the Board is able to determine the matter. 1988 cL-1.2 s89 Injunctions 92(1) Notwithstanding anything in this Act, the Judicature Act or any other Act, when there is a strike or lockout, no injunction before trial shall be granted ex parte to (a) a party to the dispute, or (b) any other person or party, to restrain a party to the strike or lockout from doing any act in connection with the strike or lockout. (2) Every affidavit intended to be used in support of an application for an interim injunction to restrain a person from doing any act in connection with a strike or lockout shall be confined to those facts that the deponent is able of the deponent's own knowledge to prove, and a copy of every such affidavit shall be served with the notice of motion. (3) If members of a trade union are the defendants or intended defendants, the notice of motion may be served on an officer of the trade union or a member of it who is engaged in the activity proposed to be restrained or another person engaged in that activity. (4) The notice of motion shall be served in sufficient time before the time fixed for the hearing, not being less than 4 hours in any event, to enable the person to attend at the hearing of the motion. 1988 cL-1.2 s90 Division 15 Voluntary Interest Arbitration Agreement re voluntary arbitration board 93(1) The parties to a dispute may agree in writing to refer the matters in dispute to a one-member or 3-member voluntary arbitration board, whose decision will be binding. (2) The parties shall notify the Minister of an agreement under subsection (1). 1988 cL-1.2 s91 Voluntary arbitration board 94 If the parties who have entered into an agreement under section 93 do not appoint a one-member or 3-member voluntary arbitration board, either party may notify the Minister, who shall serve notice on the parties to the dispute directing them to appoint a voluntary arbitration board in accordance with Division 20. 1988 cL-1.2 s92 Powers of voluntary arbitration board 95(1) If a voluntary arbitration board is unable to effect a settlement within 20 days after a statement of the dispute is sent to the member of a one-member board or the chair of a 3-member board or any longer period that may be agreed on between the parties or fixed by the Minister, the voluntary arbitration board shall make an award dealing with all matters in dispute. (2) The award of a voluntary arbitration board is binding on the parties to the dispute and shall be included in the terms of a collective agreement. 1988 cL-1.2 s93 Division 16 Compulsory Interest Arbitration Application and prohibition against strike and lockout 96(1) This Division applies to the following: (a) firefighters and, to the extent that they bargain collectively with firefighters, municipalities and Metis settlements; (b) employers who operate approved hospitals as defined in the Hospitals Act, and all the employees of those employers; (c) employers that are regional health authorities and all of their employees to whom clause (b) does not apply. (2) No employees, trade union, employer or employers' organization to which this Division applies shall strike, lock out, cause a strike or lockout or threaten to cause a strike or lockout. (3) This Division applies notwithstanding any other provision of this Act. RSA 2000 cL-1 s96;2003 c6 s4 Request for compulsory arbitration board 97(1) If a dispute affecting an employment to which this Division applies cannot be resolved, either or both parties to the dispute or the Minister may make a request for the appointment of a 3-member compulsory arbitration board, or the parties may jointly make a request for the appointment of a one-member compulsory arbitration board, to (a) the mediator, if one has been appointed with respect to the dispute, or (b) the Director, if no mediator has been appointed with respect to the dispute. (2) When the Director receives a request under subsection (1)(b), the Director shall appoint a mediator and forward the request for the establishment of a compulsory arbitration board to the mediator. (3) The mediator shall endeavour to effect a settlement and shall, not later than 14 days after the mediator receives a request under subsection (1) or (2), (a) list the items in dispute and the items that have been settled by the parties, and (b) forward the list and the request for the appointment of a compulsory arbitration board to the Minister. 1988 cL-1.2 s95 Establishment of compulsory arbitration board 98 When the Minister receives a request for the appointment of a compulsory arbitration board, the Minister, (a) if the Minister considers it appropriate, may direct the parties to continue collective bargaining and may prescribe the conditions under which collective bargaining is to take place, or (b) if the Minister is satisfied that the dispute is appropriate to refer to a compulsory arbitration board, may direct the parties to the dispute to appoint a 3-member or one-member compulsory arbitration board in accordance with Division 20. 1988 cL-1.2 s96 Terms of reference 99 When 3 persons are appointed to act as members of a 3-member compulsory arbitration board or one person is appointed to act as the member of a one-member compulsory arbitration board, the Minister, by notice in writing to the chair or member, as the case may be, shall forward a list of the items in dispute to be resolved by the compulsory arbitration board. 1988 cL-1.2 s97 Methods of arbitration 100(1) On receipt of the list under section 99, if the compulsory arbitration board is unable to effect a settlement, it shall consider the position of the parties on each item in dispute and determine what method or combination of methods of arbitration shall be implemented to resolve any or all of the items in dispute. (2) Without restricting the generality of subsection (1), the method or combination of methods of arbitration determined under that subsection may include the method of arbitration known as "final offer selection". 1988 cL-1.2 s98 Matters to be considered 101 To ensure that wages and benefits are fair and reasonable to the employees and employer and are in the best interest of the public, the compulsory arbitration board (a) shall consider, for the period with respect to which the award will apply, the following: (i) wages and benefits in private and public, and unionized and non-unionized, employment; (ii) the continuity and stability of private and public employment, including (A) employment levels and incidence of layoffs, (B) incidence of employment at less than normal working hours, and (C) opportunity for employment; (iii) the general economic conditions in Alberta, and (b) may consider, for the period with respect to which the award will apply, the following: (i) the terms and conditions of employment in similar occupations outside the employer's employment taking into account any geographic, industrial or other variations that the board considers relevant; (ii) the need to maintain appropriate relationships in terms and conditions of employment between different classification levels within an occupation and between occupations in the employer's employment; (iii) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; (iv) any other factor that it considers relevant to the matter in dispute. 1988 cL-1.2 s99 Award 102(1) As soon as possible after a dispute is referred to the compulsory arbitration board, and in any case within (a) 20 days after the date it is established, or (b) any longer time that may be agreed on by the parties to the dispute or fixed by the Minister, the compulsory arbitration board shall make an award and in its award shall deal with each item in dispute. (2) The award of a compulsory arbitration board is binding on the parties to the dispute and shall be included in the terms of a collective agreement. 1988 cL-1.2 s100 Incorporation of award 103(1) If either of the parties to the dispute neglects or refuses to participate in the preparation of a collective agreement in accordance with the award of the compulsory arbitration board, the other party may prepare a collective agreement giving effect to (a) the award of the compulsory arbitration board, and (b) any other matters that are agreed on by th