Invitation for Intervenors re: Essential Services matter
The Alberta Union of Provincial Employees (“AUPE”) and Capital Care Group Inc. (the “Employer”) have filed cross-applications in Board File ES-00005 alleging bad faith bargaining in the negotiation of an essential services agreement between the parties. In particular, the Employer’s cross-application alleges AUPE has breached section 95.4(3) of the Code by “refus[ing] to acknowledge that requirements arising from health care statutes and regulations applicable to the Employer’s operation of approved hospitals, nursing homes and supportive living facilities must still be adhered to in the event of a labour dispute, and must be accommodated within provisions of an essential services agreement”. The Employer further seeks direction from the Essential Services Commissioner pursuant to section 95.42(2) of the Code on the interpretation of the essential services Division of the Code concerning the interplay between that Division and provisions in other provincial legislation regulating health care services providers.
The Employer’s cross-application can be viewed here. AUPE’s response to the cross-application can be viewed here.
The Commissioner invites intervenors who wish to provide submissions on this interpretation issue to provide brief written submissions. The deadline for written submissions is no later than March 9, 2018. Written submissions are to be brief (no longer than 10 pages) and must be copied to the Commissioner and the parties. Please provide only the quoted portions of authorities.
Intervenors who seek to participate in oral argument concerning the interpretation issue should make that request in their written submissions, along with the anticipated length of their oral submissions. The Commissioner may grant status to participate in oral argument in her discretion. Intervenors will not be permitted to adduce evidence or to examine or cross-examine witnesses called by the parties. Questions may be referred to the Board Officer, Dan Galdamez, at (780) 427-0067.
Invitation for Intervenors from Post-secondary Institutions
The Board has received three applications pursuant to section 58.6 of the Labour Relations Code to review academic staff designations. The applications are:
- A review of designation application brought by Northern Lakes College Faculty Association affecting Northern Lakes College – Board File No. GE-07658 (View Application and View Response | View Response) and
- An application for reconsideration brought by the Canadian Union of Public Employees, Local 2157 affecting The Board of Governors of Keyano College and Keyano College Faculty Association – Board File No. GE-07684 (View Application and View Response | View Response) and
- An academic staff designation application and an unfair labour practice complaint brought by NorQuest College Faculty Association affecting NorQuest College and The Alberta Union of Provincial Employees – Board File No. GE-07608 (View Application and View Response | View Response | View Response)
These are the first applications involving section 58.6 of the Labour Relations Code. The Board understands there are members in the post-secondary community who want to provide submissions on the interpretation of section 58.6 of the Labour Relations Code and/or want to provide evidence to the Board on the governance models used at post-secondary institutions to inform the Board’s understanding in applying section 58.6.
The Board invites those post-secondary employers and bargaining agents who want to intervene with respect to the interpretation of section 58.6 of the Labour Relations Code to provide to the Board their written submissions on the interpretation of section 58.6 of the Labour Relations Code The deadline for such submissions is March 2, 2018. Written submissions are to be no more than 25 pages in length.
In addition, if any post-secondary employers or bargaining agents want to provide evidence on the governance models used at the post-secondary institutions, the Board invites applications to intervene. Such applications should:
- Outline the nature of evidence that the applicant intends to introduce.
- Outline the number of witnesses the applicant expects to call.
- Address the possible utilization of affidavit evidence instead of viva voce evidence.
Applications to provide evidence and submissions on the interpretation are to be copied to the parties.
Upon receipt of the applications to intervene to provide evidence, the Board will review the applications, determine if such applications will be granted intervenor status and if so, the Board will set the guidelines for such intervention. Applications to intervene to provide evidence should be submitted on or before February 28, 2018.
The Board currently plans to use a five member panel for the first of the three applications to be heard. The five member panel will consist of three adjudicators and two regular representative Board Members. At this time it is unclear which application will proceed first.
Any viva voce evidence will be heard by the five member panel and referenced in that application. The other applications will be adjudicated by a three member panel. The panels for all three of the applications will be provided with any written submissions provided by intervenors.
Occupational Health and Safety - Appeals:
New legislation affecting the ALRB was introduced December 15, 2017. The Board now has responsibility for adjudicating appeals of matters under the Occupational Health and Safety Act. The Board has added a new Occupational Health & Safety drop-down tab above for easy access. Read further information here.
Amendments to Labour Legislation: