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Chapters
The
Labour Relations
Board
Trade
Union Bargaining
Rights
Collective
Bargaining
The
Collective Agreement
in Operation
Unfair
Labour Practices
The
Public Service
Sector
The
Construction
Industry
Glossary
of Labour Relations
Terms
Homepage
Labour
Relations in
Alberta
The
Labour Relations
Board administers
the Labour Relations
Code, the Public
Service Employee
Relations Act
and the Police
Officers Collective
Bargaining Act.
These
acts apply to
most unionized
employees in
the province,
but exclude employers
and employees
in farm or ranch
labour, domestic
work and in industries
falling under
federal jurisdiction,
such as airlines,
railways, interprovincial
trucking and
shipping, and
telecommunications.
Self-employed
workers are not
covered by the
Code. Some other employees in Alberta have their labour relations governed entirely by a special act, such as the Post –secondary Learning Act, or partially so, as is the case under the Police Officers Collective Bargaining Act and the School Act.
The
Code also excludes
people who, in
the Board's view,
exercise managerial
functions or
who are employed
in a confidential
capacity in matters
related to labour
relations. It
does not apply
to doctors, dentists,
architects, engineers
and lawyers while
they are employed
in their professional
capacities (Section
1(l)).
The
Code contains
a number of provisions
outlining the
rights and responsibilities
of employers,
trade unions
and employees
in labour relations.
This guide is
divided into
seven major chapters,
as described
below.
In
Alberta, employees
have the right
to collective
bargaining with
their employers.
The Labour Relations
Code guarantees
this right and
establishes methods
for employees
to choose trade
union representation.
The Code describes
how a trade union
bargains with
an employer over
terms and conditions
of employment
to arrive at
a collective
agreement. Rules
are set out that
govern the labour
relations activities
of trade unions,
employers and
employees.
The
Public Service
Employee Relations
Act gives similar
rights and responsibilities
to employers
and employees
in the provincial
government and
its agencies.
Significant differences
between the two
are outlined
in the public
sector section
of the guide.
While all the
substantive provisions
affecting public
sector employees
are in the Public
Service Employee
Relations Act,
a number of procedural
powers the board
uses to deal
with public service
matters come
from the Code.
The
Board is the
independent and
impartial tribunal
responsible for
the day-to-day
application and
interpretation
of Alberta's
labour laws.
It processes
applications
and holds hearings.
The Board actively
encourages dispute
resolution, employs
officers for
investigations
and makes major
policy decisions.
There are Board
offices in both
Edmonton and
Calgary.
The
Labour Relations
Code encourages
parties to settle
their disputes
through honest
and open communication.
The Board offers
informal settlement
options to the
parties, but
it also has inquiry
and hearing powers
to make binding
rulings whenever
necessary.
The
certification
system allows
employees to
decide in a democratic
way whether or
not they wish
to be represented
by a trade union.
A certificate,
if granted, gives
a trade union
bargaining rights
on behalf of
a group of employees.
Similar procedures
allow changes
to, or cancellation
of, these bargaining
rights, as the
circumstances
of employment
or the wishes
of the employees
change.
Collective
bargaining is
the process of
bargaining between
a trade union
and an employer
or employers'
organization
over the terms
and conditions
of employment
that will govern
a group of employees.
These terms and
conditions form
a binding document
called a collective
agreement. When
a union is certified,
or toward the
end of an existing
collective agreement,
a notice to bargain
will start the
bargaining cycle.
Negotiation meetings
follow, with
mediation available
to encourage
settlement.
Usually,
a collective
agreement can
be arrived at
through open
and honest discussion,
but if it cannot,
the Code provides
assistance to
the parties.
In some cases,
the dispute will
lead to a strike
or lockout. The
Code imposes
certain restrictions
on strikes and
lockouts (their
timing and how
notice is to
be served, for
example). During
any strike or
lockout, the
Labour Relations
Board can supervise
picketing activities.
The Collective Agreement in Operation
A
collective agreement
sets out terms
and conditions
of employment
such as wages,
holidays and
seniority. It
covers all employees
in a bargaining
unit, as defined
in the agreement.
The Code gives
trade unions
certain rights
and responsibilities
in respect of
the collective
agreement and
the employees
they represent.
An
important feature
of any collective
agreement is
the mechanism
used to resolve
disputes about
the agreement's
meaning or application,
usually by a
grievance procedure
and arbitration.
To
protect the rights
and responsibilities
it confers, the
Labour Relations
Code sets out
rules of conduct
for labour relations.
Breaking the
law by violating
these rules of
conduct is often
called an unfair
labour practice.
The Code gives
the Labour Relations
Board the task
of resolving
unfair labour
practice complaints.
The Board can
inquire into
such complaints,
hold hearings
and issue decisions
to remedy any
conduct found
to be contrary
to the Code.
Collective
bargaining in
the public sector
is governed either
partly or entirely
by special legislation
that reflects
the historical
development of
collective bargaining
in the public
sector and its
special labour
relations environment.
The
construction
industry represents
a significant
and unique part
of the work force,
and the Labour
Relations Code
establishes some
special procedures
and a special
bargaining cycle
for that industry.
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