Labour Relations Code, R.S.A. 2000, c. L-1

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 repo