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-1/20070813/whole.html | |
| Version downloaded by CanLII on 2007-08-13 | ||
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
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, domestic cervids 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.
RSA 2000 cL‑1
s4;2003 c26 s19
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,