Copyright and Disclaimer Print  


PUBLIC SERVICE EMPLOYEE RELATIONS AMENDMENT ACT, 2018

Bill 29

PUBLIC SERVICE EMPLOYEE RELATIONS
AMENDMENT ACT, 2018

Chapter 21

(Assented to December 11, 2018)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cP‑43

1   The Public Service Employee Relations Act is amended by this Act.

 

2   Section 1(a) is repealed.


 

3   Section 12(1)(f) is repealed.

 

4   Section 30 is repealed.

 

5   The Schedule is amended by adding the following after section 4:

5(1)  The board of governors of each university as defined in the Post‑secondary Learning Act while it is acting as the employer of its non-academic staff as defined in the Post‑secondary Learning Act.

(2)  The non‑academic staff, as defined in the Post‑secondary Learning Act, of each university.

6(1)  The board of governors of each comprehensive community college as defined in the Post‑secondary Learning Act while it is acting as the employer of its non-academic staff as defined in the Post‑secondary Learning Act.

(2)  The non‑academic staff, as defined in the Post‑secondary Learning Act, of each comprehensive community college.

7(1)  The board of governors of each polytechnic institution as defined in the Post‑secondary Learning Act while it is acting as the employer of its non-academic staff as defined in the Post‑secondary Learning Act.

(2)  The non‑academic staff, as defined in the Post‑secondary Learning Act, of each polytechnic institution.

Related and
Consequential Amendments

Amends RSA 2000 cL‑1

6(1)  The Labour Relations Code is amended by this section.

(2)  Section 73(a.1) is amended by striking out “95.2(a), (b), (d),” and substituting “95.2(1)(a), (b), (d), (d.1),”.

(3)  Section 74(a.1) is amended by striking out “95.2(a), (b), (d),” and substituting “95.2(1)(a), (b), (d), (d.1),”.

(4)  Section 95.2(1) is amended by adding the following after clause (d):

                             (d.1)    employers referred to in sections 5(1), 6(1) and 7(1) of the Schedule to the Public Service Employee Relations Act, all the employees of those employers and the bargaining agents for those employees;

(5)  Section 96(1) is amended by adding the following after clause (e):

                              (e.1)    employers referred to in sections 5(1), 6(1) and 7(1) of the Schedule to the Public Service Employee Relations Act and all the employees of those employers;

(6)  The following is added after section 208:

Transitional provisions for non‑academic staff of
public post‑secondary institutions

209(1)  In this section,

                                 (a)    “Amending Act” means the Public Service Employee Relations Amendment Act, 2018;

                                 (b)    “effective date” means July 1, 2022.

(2)  On the effective date, the following applies:

                                 (a)    a bargaining agent under the Public Service Employee Relations Act for a unit of employees referred to in sections 5(2), 6(2) and 7(2) of the Schedule to the Public Service Employee Relations Act is deemed to be on the effective date a bargaining agent under this Act for those employees, and the Labour Relations Board shall issue a certificate under this Act as a replacement for the certificate held by that bargaining agent under the Public Service Employee Relations Act;

                                 (b)    collective agreements under the Public Service Employee Relations Act with respect to the employees referred to in clause (a) that were entered into before the effective date, and any grievances arising under those collective agreements, shall be governed by this Act;

                                 (c)    applications and complaints filed under the Public Service Employee Relations Act before the effective date shall continue to their conclusion under the Public Service Employee Relations Act;

                                 (d)    subject to clause (e), any collective bargaining commenced pursuant to a notice to bargain given under section 20 of the Public Service Employee Relations Act before the effective date shall continue as if the notice to bargain had been given under section 59 of this Act; 

                                 (e)    if a collective bargaining dispute has been referred to a compulsory arbitration board established pursuant to section 32 of the Public Service Employee Relations Act before the effective date, that arbitration shall continue to its conclusion as if section 5 of the Amending Act had not come into force, and the collective agreement resulting from that arbitration shall be treated as if it were a collective agreement entered into under this Act.

(3)  If any dispute arises about

                                 (a)    the operation of subsection (2), or

                                 (b)    any other matter relating to the amendment of the Schedule referred to in section 5 of the Amending Act,

a party to the dispute may refer the dispute to the Labour Relations Board for resolution and the Board’s decision is final and binding.

Amends SA 2003 cP‑19.5

7(1)  The Post‑secondary Learning Act is amended by this section.

(2)  Section 1(k) is repealed and the following is substituted:

                           (k)    “non‑academic staff association” means a bargaining agent, as defined in the Labour Relations Code, representing non‑academic staff;

Coming into Force

Coming into force

8(1)  This Act, except sections 5 to 7, comes into force on June 1, 2019.

(2)  Sections 5 to 7 come into force on July 1, 2022.