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AR 18/2016 PUBLIC EDUCATION COLLECTIVE BARGAINING REGULATION

(no amdt)

ALBERTA REGULATION 18/2016

Public Education Collective Bargaining Act

PUBLIC EDUCATION COLLECTIVE
BARGAINING REGULATION

Table of Contents

                1      Definitions

TEBA

                2      Functions under a collective agreement

                3      Borrowing

Board of Directors

                4      Membership of the board

                5      Board vacancies

                6      Removal of board members

                7      Powers, duties and functions

                8      Power to delegate

Representative Committee and Members

                9      Representative committee

              10      Removal of representative committee members

Initial Meetings of the Representative Committee
and the Board of Directors

              11      Initial meeting of the representative committee

              12      Initial meeting of the board

TEBA Code of Conduct

              13      Code of conduct


Arbitration Boards

              14      Establishment of arbitration boards

Ratification

              15      Ratification under section 11 of Act by trustee representatives

              16      Ratification under section 11(4) of Act by employees

Indemnification

              17      Indemnification

Bylaws

              18      Bylaws

Auditor and Records

              19      Auditor

              20      Records

Amendments

              21      Amendments to update references

Schedules

Definitions

1   In this Regulation,

                               (a)    “Act” means the Public Education Collective Bargaining Act;

                              (b)    “board member” means a member of the board of directors;

                               (c)    “bylaws” means the bylaws made under section 17 of the Act;

                              (d)    “chair” means an individual designated under section 4(1)(a) and includes an individual acting for the chair in accordance with this Regulation and the bylaws;

                               (e)    “code of conduct” means the TEBA Code of Conduct set out in Schedule 1;

                               (f)    “trustee representative” means a trustee designated under section 16(3) of the Act;

                               (g)    “vice‑chair” means an individual designated under section 4(2).

TEBA

Functions under a collective agreement

2   TEBA may carry out any power, duty or function provided for under a collective agreement to which the Act applies.

Borrowing

3   TEBA shall not borrow money for any purpose.

Board of Directors

Membership of the board

4(1)  The board of directors consists of the following:

                               (a)    8 members appointed by the Minister, one of whom must be designated as chair and another as acting chair;

                              (b)    6 members elected from the trustee representatives in accordance with this Regulation and the bylaws as follows:

                                        (i)    3 members from the trustee representatives designated by the employers in Category A set out in Schedule 2, elected by those trustee representatives;

                                      (ii)    one member from the trustee representatives designated by the employers in Category B set out in Schedule 2, elected by those trustee representatives;

                                     (iii)    one member from the trustee representatives designated by the employers in Category C set out in Schedule 2, elected by those trustee representatives;

                                     (iv)    one member from the trustee representatives designated by the employers in Categories B and C set out in Schedule 2, elected by those trustee representatives.

(2)  The board members elected under subsection (1)(b) must designate a vice‑chair and an acting vice‑chair from among their number.

(3)  No individual may be appointed or elected as a board member if the individual has a pecuniary interest, within the meaning of section 80 of the School Act, in a collective agreement to be concluded under the Act.

(4)  A board member appointed under subsection (1)(a) holds office at the pleasure of the Minister.

(5)  A board member elected under subsection (1)(b) holds office until the earliest of the following:

                               (a)    the member ceases to be a member of the representative committee under section 16(4) of the Act;

                              (b)    the conclusion of the annual general meeting of the representative committee held after the ratification of an agreement with respect to central terms referred to in section 11 of the Act;

                               (c)    the member resigns or dies;

                              (d)    the member is removed as a member of the board under section 6.

(6)  Board members elected under subsection (1)(b) may be paid remuneration and reimbursed for expenses by TEBA in accordance with Schedule 1, Part A of the Committee Remuneration Order (OC 466/2007), as amended or replaced from time to time.

(7)  The chair of the board of directors is also the chair of the representative committee.

Board vacancies

5(1)  A vacancy on the board of directors must be filled in the manner in which the vacant position was previously filled.

(2)  Where a vacancy on the board of directors occurs in respect of a board member referred to in section 4(1)(b), the board shall, as soon as practical, conduct an election in accordance with the bylaws to fill the vacancy.

(3)  A vacancy on the board of directors does not impair the right of the remaining board members to act as long as there is a quorum as provided for in the bylaws.

Removal of board members

6(1)  The board of directors may by resolution remove a board member before the expiration of the member’s term of office

                               (a)    if the member has a pecuniary interest referred to in section 4(3),

                              (b)    if the member is absent from 3 consecutive meetings of the board of directors without permission of the board, or

                               (c)    if the member fails to comply with the Act, this Regulation, the bylaws or the code of conduct.

(2)  Instead of removing a board member for a reason referred to in subsection (1)(b) or (c), the board of directors may issue a warning to the member.

Powers, duties and functions

7(1)  Except as otherwise provided, the powers and duties of TEBA are to be exercised and performed by the board of directors.

(2)  The board of directors shall, in addition to any other powers, duties and functions provided for in this Regulation and the bylaws, manage or supervise the management of the business and affairs of TEBA, including, without limitation,

                               (a)    TEBA’s responsibilities under section 8 of the Act, including

                                        (i)    determining the mandate for the negotiation of central matters and local matters, and

                                      (ii)    the appointment of a negotiating committee;

                              (b)    TEBA’s responsibilities under section 11 of the Act, including

                                        (i)    determining the mandate for the bargaining of central terms,

                                      (ii)    the appointment of a bargaining committee, and

                                     (iii)    presenting to the trustee representatives for ratification any agreement with respect to central terms referred to in section 11(4) of the Act.

Power to delegate

8   The board of directors may delegate any of its powers, duties or functions, except the power to delegate, to a board member, to a committee of the board, to the representative committee or a committee of the representative committee, to an employer or to an employee or agent of TEBA.

Representative Committee and Members

Representative committee

9(1)  No individual may be designated as a member of the representative committee if the individual has a pecuniary interest, within the meaning of section 80 of the School Act, in a collective agreement to be concluded under the Act.

(2)  The employers shall pay the travel expenses incurred by their trustee representative in the course of carrying out the trustee representative’s duties as a trustee representative.

(3)  A trustee representative shall exercise full and final authority on behalf of the employer that he or she represents.

Removal of representative committee members

10(1)  The board of directors may by resolution remove a member of the representative committee

                               (a)    if the member has a pecuniary interest referred to in section 9(1), or

                              (b)    if the member fails to comply with the Act, this Regulation, the bylaws or the code of conduct.

(2)  Instead of removing a member of the representative committee for a reason referred to in subsection (1)(b), the board of directors may issue a warning to the member.

Initial Meetings of the Representative Committee
and the Board of Directors

Initial meeting of the representative committee

11(1)  The Minister shall convene the initial meeting of the representative committee by sending a notice of meeting to each trustee representative in the form and manner determined by the Minister as soon as possible after the coming into force of this section.

(2)  The notice must provide the time and place of the meeting and the proposed agenda.

(3)  The main purpose of the meeting is to elect, from the trustee representatives, the members of the board of directors referred to in section 4(1)(b).

Initial meeting of the board

12(1)  The board of directors must hold its initial meeting as soon as practical after the initial meeting of the representative committee.

(2)  The main purposes of the meeting are

                               (a)    to designate the vice‑chair and acting vice‑chair;

                              (b)    to commence developing the mandate for determining what matters are central matters and what matters are local matters;

                               (c)    to appoint a negotiating committee for negotiating what matters are central matters and what matters are local matters;

                              (d)    to establish any necessary committees.

TEBA Code of Conduct

Code of conduct

13   Every board member and every trustee representative must comply with the code of conduct.

Arbitration Boards

Establishment of arbitration boards

14(1)  In this section, “Minister” means the Minister of Labour.

(2)  On the Minister receiving an application by TEBA or ATA under section 8(6) of the Act, the Minister shall establish a one‑member arbitration board.

(3)  The Minister shall notify the parties in writing to jointly appoint, within 10 days after that notification, an individual to act as the member of the arbitration board.

(4)  If the parties fail to jointly appoint the member of the arbitration board within the time provided, the Minister shall appoint an individual to act as the member.

(5)  On the appointment of the member, the parties shall, jointly or individually, forward to the arbitration board a list of the items in dispute to be resolved by the arbitration board.

(6)  If the member is no longer able to act as the member of the arbitration board,

                               (a)    the Minister shall notify the parties in writing to jointly appoint, within 10 days after that notification, another individual to act as the member of the arbitration board, and

                              (b)    if the parties fail to jointly appoint the member of the arbitration board within the time provided, the Minister shall appoint an individual to act as the member.

(7)  No individual is disqualified from acting as the member of the arbitration board unless that member is directly affected by the dispute.

(8)  Sections 95(1), 121, 122, 123, 125 and 126 of the Labour Relations Code apply with respect to an arbitration board established under this section as if it were a voluntary arbitration board under the Labour Relations Code.

(9)  The remuneration and expenses of the member of the arbitration board must be paid jointly by TEBA and ATA.

Ratification

Ratification under section 11 of Act
by trustee representatives

15(1)  This section applies for the purpose of ratification by the trustee representatives of an agreement referred to in section 11(4) of the Act.

(2)  The board of directors shall communicate the terms of any proposed agreement with respect to central terms to the trustee representatives.

(3)  Each trustee representative entitled to vote on the agreement is entitled to vote the number of votes determined under Schedule 3.

(4)  The votes that a trustee representative has under Schedule 3 must be cast as a block.

(5)  A proposed agreement referred to in subsection (2) is ratified by the trustee representatives if a majority of the votes cast are in favour of ratifying the agreement.

(6)  The vote must be conducted in accordance with the bylaws.

Ratification under section 11(4) of Act by employees

16(1)  The agreement referred to in section 11(4) of the Act is ratified by the employees in all bargaining units if more than 50% of the employees who cast a vote vote in the affirmative, based on one vote per employee.

(2)  A vote under subsection (1) must be conducted in accordance with the procedures established by ATA.

Indemnification

Indemnification

17   TEBA may indemnify members and employees and agents of TEBA and former board members and employees and agents of TEBA, and their heirs and personal representatives, against all costs, charges and expenses whatsoever incurred by them and resulting from their acting as members of the board, employees or agents of TEBA if those persons acted honestly, in good faith and with a view to the best interests of TEBA.

Bylaws

Bylaws

18(1)  The initial bylaws of TEBA are set out in Schedule 4.

(2)  A vote on the approval of a bylaw by the representative committee must be conducted in accordance with the bylaws.

(3)  Bylaws referred to in subsection (1) and subsequent bylaws must be made publicly available in a manner determined by the board of directors.

Auditor and Records

Auditor

19(1)  The board of directors may appoint an auditor.

(2)  An auditor holds office until the auditor is removed or a successor auditor is appointed.

(3)  An auditor must be promptly informed in writing of the removal of the auditor or the appointment of a successor auditor.

(4)  No trustee representative, board member or employee of TEBA may be appointed as the auditor for TEBA.

(5)  The auditor may attend the annual general meetings of the representative committee.


Records

20   TEBA records must be kept at TEBA’s principal place of business.

Amendments

Amendments to update references

21   On the coming into force of the Education Act, sections 4(3) and 9(1) and Schedule 1 to this Regulation are amended by striking out “section 80 of the School Actand substituting “section 85 of the Education Act”.

Schedule 1
TEBA Code of Conduct

The TEBA Code of Conduct applies both to trustee representatives and to board members unless otherwise indicated.

Generally

Board members and trustee representatives must act in manner consistent with the Public Education Collective Bargaining Act, the Public Education Collective Bargaining Regulation, the TEBA bylaws and the policies of the board of directors.

Confidentiality

Unless the chair of the board of directors otherwise authorizes it, and subject to any conditions imposed by the chair, board members and trustee representatives must keep confidential any information provided at, and the contents of any discussions held at, meetings of the board of directors or the representative committee and in any discussions regarding TEBA business that arise outside a TEBA board meeting or a meeting of the representative committee.

The responsibility for maintaining the confidentiality of information includes the responsibility for ensuring that the information is not directly or indirectly made available to unauthorized persons.

Trustee representatives who are authorized to discuss TEBA matters with the employer that designated them must ensure that the discussion is held in private, and that the employer properly passes motions to convene in private during its meeting.

Conflicts

If a board member has a conflict of interest relating to any matter before the board of directors, including a pecuniary interest as defined in section 80 of the School Act, the member must declare the conflict openly and immediately excuse himself or herself from the meeting, and must not vote on the matter.

In all matters related to TEBA, fiduciary responsibility to TEBA supersedes any conflicting loyalty howsoever arising.

Conduct at meetings

Board members and trustee representatives must be properly prepared for meetings of the board of directors and of the representative committee respectively.

Board members and trustee representatives must maintain the highest standards of meeting etiquette, including civility and respect for others.

Schedule 2
Categories of Employers

Category A:  Employers with a student population over 35 000

Category B:  Employers with a student population from 7000 to

34 999

Category C:  Employers with a student population under 7000

The number of students enrolled with an employer is determined by using the funded student enrollment figures for the most recent reporting period, as published by the Department of Education.

Schedule 3
Weighted Ballots

A trustee representative has one vote if the employer that designated that trustee representative has 4999 or fewer students enrolled with the employer.

In addition, if an employer that designates the trustee representative has more than 4999 students enrolled with the employer, that trustee representative has one additional vote for each 5000 or portion of 5000 students enrolled with the employer.

The number of students enrolled with an employer is determined by using the funded student enrollment figures for the most recent reporting period, as published by the Department of Education.

For example:

Column 1
Number of Funded Students
Enrolled with an Employer

Column 2
Number of Votes

4999 or under

1

5000 to 9999

2

10 000 to 14 999

3

15 000 to 19 999

4

Schedule 4
Initial Bylaws

TEBA Bylaws

Part 1
Interpretation

1(1)   In these bylaws, unless the context otherwise requires,

                               (a)    “Act” means the Public Education Collective Bargaining Act;

                              (b)    “Regulation” means the Public Education Collective Bargaining Regulation.

(2)  The definitions in the Act and the Regulation apply to these bylaws.

Part 2
Compliance with Bylaws

2   Every employer, trustee representative and board member must comply with these bylaws.

Part 3
Meetings of Representative Committee

3(1)  Commencing in 2017, the representative committee must, at a time and place determined by the chair, hold an annual general meeting.

(2)  The business to be conducted at the annual general meeting must include the following:

                               (a)    the consideration of the financial statements;

                              (b)    the report of the board of directors;

                               (c)    the report of the auditor, if any;

                              (d)    the election of board members referred to in section 4(1)(b) of the Regulation, if required;

                               (e)    the approval of bylaws, if any;

                               (f)    business that is required to be considered as set out in the notice convening the meeting;

                               (g)    any other business that ought to be transacted at an annual general meeting.

(3)  At a time and place determined by the chair, the representative committee may hold special meetings to conduct business set out in the notice of meeting.

4   In a year in which collective bargaining under the Act is taking place, at least one representative committee meeting must be held to discuss bargaining objectives.

5(1)  Notice of a meeting under section 4, specifying the place, date and time, must be provided to every trustee representative, board member and employer.

(2)  Accidental omission to give notice of a meeting to, or the non‑receipt of notice of a meeting by, any individual entitled to receive notice does not invalidate the proceedings at that meeting.

Part 4
Proceedings at Representative
Committee Meetings

6   This Part applies to all meetings of the representative committee.

7   Except as provided in these bylaws, Robert’s Rules of Order govern procedures at all meetings.

8   Resolutions at a meeting must be approved by a majority of those individuals voting.

9(1)  A quorum is not required for business to be conducted at a meeting.

(2)  When the chair is present at a meeting, the vice‑chair, if delegated by the chair, may chair the meeting.

(3)  If the chair is unable to be present at a meeting, the chair may designate either the vice‑chair or a member of the board appointed under section 4(1)(a) of the Regulation to act as chair at that meeting.

(4)  A meeting may be adjourned from time to time and from place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

(5)  When a meeting is adjourned for 10 days or more, notice of the adjourned meeting must be given as in the case of the original meeting.

(6)  Except as provided in these bylaws, it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned general meeting.

10(1)  Subject to subsection (2), a resolution at a meeting is passed if, where there is a vote by a show of hands, a majority of votes cast by those individuals with a right to vote and in attendance signify a vote in favour of the resolution. 

(2)  If an individual entitled to vote on a resolution requests a vote to be conducted as a recorded vote, either before or promptly after a show of hands vote, the vote must be recorded.

(3)  Every member of the representative committee in attendance at the meeting when the recorded vote is taken must vote.

(4)  In the case of a recorded vote, the chair must record the names of those who voted in favour and the names of those who did not vote in favour.

(5)  The chair must declare to the meeting the decision on every resolution in accordance with the result of the vote, and the decision must be entered in the record of proceedings of the representative committee, together with the information referred to in subsection (4).

(6)  The declarations of the chair under subsection (5) are final.

Part 5
Election of Board Members

11(1)  The chair must conduct the election of board members referred to in section 4(1)(b) of the Regulation.

(2)  If the election is not held at an annual general meeting or at another meeting held for the purpose of the election, voting may be by a mail‑in ballot or through some electronic means as determined by the chair.

(3)  For the purpose of electing the board members, the chair must establish a nomination process.

(4)  If the number of candidates nominated is the same or less than the number to be elected, the chair must declare those candidates to be elected to the board of directors.

(5)  If the number of candidates nominated exceeds the number to be elected, an election must be conducted.

12(1)  For the purpose of conducting a vote, the chair must appoint an individual who, in the opinion of the chair, is independent and impartial to supervise the conduct of the election, including the counting of ballots.

(2)  The chair must determine the system of voting, such as “first past the post” or preferential voting.

(3)  Voting must be by a mode of voting that ensures that how an individual votes is kept secret.

(4)  A trustee representative may vote only once for each of the individuals the trustee representative chooses to vote for.

(5)  The chair must establish a mechanism to break a tie in the event that there is an equality of votes between 2 or more candidates for the same office.

Part 6
Conduct of Ratification Vote

13(1)  The chair must conduct the ratification vote by the trustee representatives required under section 11(4) of the Act.

(2)  The ratification vote may be conducted by a vote in person, by mail or electronic means, as determined by the board of directors.

(3)  The chair must inform the members of the representative committee of the results of the vote and how each trustee representative voted.

(4)  The chair must inform the ATA of the results of the vote.

Part 7
Proceedings of Board of Directors

14(1)  A quorum for a meeting of the board of directors is a majority of the members of the board in attendance at the meeting, so long as a majority of those in attendance are members appointed under section 4(1)(a) of the Regulation.

(2)  The board of directors may meet together at any place to conduct business, and may otherwise adjourn and regulate their meetings and proceedings as they think fit.

(3)  Unless the chair decides otherwise, a board member may participate in a meeting of the board of directors or in a meeting of a committee of the board by telephone or other communications medium if all participants at the meeting are able to hear each other.

15(1)  If the chair is unable to be present at the meeting, the chair must designate a member of the board appointed under section 4(1)(a) of the Regulation to act as chair of the meeting.

(2)  The chair must convene a meeting of the board of directors as and when the chair determines that a meeting is necessary.

16(1)  The chair must provide notice to each board member of each meeting, specifying the place, day and time of the meeting and the general nature of any business that is to be transacted at that meeting, at least 7 days before the meeting.

(2)  If it is not possible to give at least 7 days’ notice of a meeting to any board member, notice must be given to that member at the earliest opportunity before the meeting.

(3)  The accidental omission to give notice of a meeting to, or, if notice was given, the non‑receipt of that notice by, a board member does not invalidate proceedings at that meeting.

17   For the first meeting of the board of directors held immediately following the appointment or election of a board member at an annual or other meeting, it is not necessary to give notice of the meeting to the newly elected or appointed board member for the meeting to be constituted, if a quorum of the board of directors is present.

18(1)  A committee of the board of directors must, in the exercise of any powers delegated to it, conform to any requirements imposed on it by the board of directors, and must provide a report to the board as requested by the chair.

(2)  If at a meeting of a committee of the board of directors the individual appointed as chair of that committee is not present, the board members present must choose one of the committee members to be chair of the meeting.

19   No resolution proposed at a meeting of the board of directors or at a meeting of a committee of the board needs to be seconded.

20(1)  Resolutions at a meeting of the board of directors must be decided by a majority of those board members voting.

(2)  A resolution in writing, signed by all the board members and placed with the minutes of the board of directors, is as valid and effective as if regularly passed at a meeting of the board of directors.

Part 8
Duties of Chair

21(1)  Subject to section 10(2), the chair shall preside at all meetings of the representative committee and all meetings of the board of directors and is the spokesperson for TEBA.

(2)  The chair or in the absence of the chair the individual chairing the meeting is entitled to vote and in the event of a tie vote must cast the deciding vote.

Part 9
Approval of Bylaws

22   Bylaws may be approved by any of the following methods, as determined by the board of directors:

                               (a)    approval at a meeting of the representative committee;

                              (b)    approval by a mail‑in process;

                               (c)    approval by electronic means.

Part 10
Notices

23(1)  Any notice permitted or required under the Regulation or these bylaws to be given, sent or delivered to a trustee representative, a board member or an employer may be given, sent or delivered to the trustee representative, board member or employer, as applicable, in writing or electronically to the last known address in TEBA’s records.

(2)  Any notices to be given, sent or delivered to TEBA must be in writing and must be given, sent or delivered to TEBA at the address for notices to TEBA determined from time to time by the board of directors.