General Legislation
Changed to the legislation:
General Legislation:
The Board administers
the:
Copies
of the Labour Relations Code, Public Service Employee
Relations Act, and the Police Officers Collective Bargaining
Act are available from the Queen's
Printer.
Searches: You can search the Code/Acts by using pressing (Control+F) on your keyboard and entering a keyword - (PC users only).
Caution
to Users
The legislation available
online is a consolidation. This consolidation has
no legislative sanction and has been provided solely
as a research convenience. These consolidations do
not contain maps, charts and graphs contained in the
printed versions.
The official Statutes
and Regulations must be consulted for all purposes
of interpreting and applying the law. The Alberta
Labour Relations Board is not responsible for the
currency of these statutes. Official versions may
be obtained from the Queen’s Printer.
In Calgary, the Queen’s
Printer is located at Main Floor, McDougall Centre,
455 - 6th Street SW, Calgary, AB T2P 4E8. You can
contact them by phoning (403) 297-6251. In Edmonton,
the Queen’s Printer is located at 10611 - 98
Avenue, Main Floor, Park Plaza, Edmonton, Alberta,
T5K 2P7. You can contact them by phoning (780) 427-4952.
The Queen’s Printer website is www.qp.gov.ab.ca
Amendments to Labour Legislation:
The Labour Relations Code has undergone a number of amendments between 2017 and 2019, made by:
- The Act to Enhance Post-secondary Academic Bargaining, SA 2017, c 4;
- The Fair and Family-friendly Workplaces Act, SA 2017, c 9;
- The Public Interest Disclosure (Whistleblower Protection) Amendment Act, 2017, SA 2017, c 11;
- The Act to Make Alberta Open for Business, SA 2019, c 8.
As amendments to the Labour Relations Code come into effect, the most up-to-date amended Code can be found on the Queen’s Printer website. A link to the Code can be found here found here.
The Board has published new and revised Information Bulletins outlining the Board’s procedures for various new types of applications, which can be found below. For any new type of application not specifically dealt with, applicants should follow the Board’s Information Bulletin #2 generally, and the Director of Settlement will advise the parties of any further requirements.
The Board’s Rules of Procedure and Voting Rules have been updated.
Additional Information Bulletins and the Board’s Policy and Procedure Manual will be further updated to reflect changes to the legislation and the Board’s new procedures. Until that updating process is completed, please note the legislation governs in the event of any inconsistency.
The Board thanks the community for its understanding as these changes are implemented. Watch this space for Bulletins and other changes as they are published.
Marshalling of Proceedings – Information Bulletin #26
Recent amendments to the Labour Relations Code add Division 11.1, giving the Board authority to “marshal” employment-related legal proceedings in unionized workplaces. This means where there are multiple proceedings (or anticipated proceedings), often in multiple forums, involving the same legal issues and/or factual circumstances, parties may apply to the Board to determine the process of how those multiple proceedings should proceed.
The Board has prepared Transitional Information Bulletin #26 to acquaint the labour relations community with the concept of marshalling proceedings; to outline the legislative provisions in Division 11.1; and to provide guidance about the processes the Board will follow in marshalling applications. The Board’s processes in marshalling applications will be flexible, and the responsible Chair or Vice-chair will choose an appropriate process in the circumstances.
Transitional Information Bulletin #26: Marshalling of Proceedings can be found here.
As Information Bulletin #26 is transitional, these procedures will be reviewed in the future to determine whether adjustment are necessary based upon the Board’s experience and feedback from the community.
Duty of Fair Representation Amendments – Guidelines for Union Appeal or Review Processes and Revised Information Bulletin #18
The Labour Relations Code was amended effective June 7, 2017 allowing unions to apply for Board approval of an internal or external appeal process for representation issues. Having a Board approved process significantly affects how the Board will process duty of fair representation complaints against the union, including the timeline for filing duty of fair representation complaints.
The Board has adopted Guidelines for Board Approval of Union Appeal or Review Processes for Representation Issues to assist union in establishing processes that will satisfy the requirements of section 153(6) of the Code. The Guidelines also outline the procedures for unions to apply for Board approval under section 153(6). The Guidelines can be found here, and on the Board’s website under the “Workplace Related” tab. A list of unions with a Board approved appeal or review process will be published on the Board’s website under the “Workplace Related” tab.
The changes to the Board’s duty of fair representation procedure where an internal appeal is in place are reflected in the Board’s amended Information Bulletin #18, effective September 1, 2017. Amended Information Bulletin #18 can be found here.
Three further significant changes to the Board’s processes for duty of fair representation complaints are reflected in the Information Bulletin:
- (1) Unions are now directed to provide with its response to the application, copied to the complainant, any and all documents in its possession which are relevant and material to the union’s representation of the complainant concerning the matters raised in the complaint. Details of this requirement, and it rationale under recent changes to the Code, are discussed in the Information Bulletin.
(2) Employers will not be notified of duty of fair representation complaints, or receive copies of documents and submissions, unless the complaint is sent to a hearing. That is, employers will not be involved in the documentary review stage of the Board’s process. This change reduces concerns that employers may unnecessarily obtain union information in complaints which have no arguable merit.
(3) The duty of fair representation complaint form is now a mandatory form. The form can be found here.
Review of Arbitrations - Information Bulletin #25
Amendments to section 145 of the Labour Relations Code, giving the Board authority to review grievance arbitration matters, come into force on September 1, 2017. The Board has prepared Transitional Information Bulletin #25 to outline the Board’s procedures for applications under section 145. Information Bulletin #25 can be found here. These procedures apply to decisions or proceedings of arbitrators or arbitration panels on or after September 1, 2017.
The mandatory application form for applications under section 145(2) can be found here. The Board’s process requires the arbitrator or arbitration chair to file the Record of the arbitration proceeding with the Board. The Table of Contents for the Record to be used by arbitrators can be found here.
Information Bulletin #25 is transitional, and these procedures will be reviewed in the future to determine whether adjustment are necessary based upon the Board’s experience and feedback from the community.
Enhanced Mediation Results in First Collective Agreement – Division 14.1 First Contract Arbitration Provisions of the Labour Relations Code
**DIFFERENT RESPONSES BY DIFFERENT MEDIATORS
Pursuant to The Alberta Union of Provincial Employees v. Well Being Services (Millrise) Ltd. [2017] Alta. L.R.B.R. BD-006 the Board ordered enhanced mediation as outlined in section 92.2(6)(c) of the Labour Relations Code. This Order was in response to an application by The Alberta Union of Provincial Employees for first contract arbitration. Terms of the Order were:
If the Mediator cannot achieve a collective agreement within 30 days of the commencement of mediation (or within such further period as the Mediator and the parties agree), the Mediator shall file a report with the Board which report shall indicate:
- matters resolved prior to mediation;
- matters resolved in mediation;
- matters outstanding;
- the Mediator’s recommendations with respect to the outstanding matters.
The Board shall be notified of any extensions of the time periods.
Mediator Deborah Howes mediated with the parties throughout March 2018 and her efforts resulted in a proposed collective agreement which proposal consisted of:
- terms agreed to by the parties prior to mediation;
- terms agreed to by the parties during mediation; and
- Mediator Howes’ recommended terms.
The parties were required to take the proposed agreement to ratification votes. On April 25, 2018, Mediator Howes advised both parties had ratified the proposed agreement.
In issuing her report, Mediator Howes provided an outline which she used to guide the enhanced mediation process. Mediator Howes’ guidelines for enhanced mediation are attached. Mediator Howe’s guidelines are not Board policy and are not binding on other enhanced mediations. The Board thanks Mediator Howes for her work and congratulates the parties on achieving a collective agreement.
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.
Labour Relations Board Designated as the Employment Standards Appeal Body
On October 24, 2018 the Lieutenant Governor in Council issued an Order in Council designating the Labour Relations Board as the Employment Standards Appeal Body in accordance with section 69(1)(b) of the Employment Standards Code. The Order in Council is effective January 1, 2019 and the Labour Relations Board will commence hearing Employment Standards Appeals effective January 9, 2019.
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