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PUBLIC SECTOR WAGE ARBITRATION DEFERRAL ACT (SA 2019 cP-41.7)

Bill 9

PUBLIC SECTOR WAGE ARBITRATION DEFERRAL ACT

Chapter P‑41.7

(Assented to June 28, 2019)

Table of Contents

                1      Definition

                2      Temporary suspension of wage reopener provision

                3      Modification of wage reopener provision

                4      Paramountcy

                5      Regulations

Preamble

WHEREAS the Government of Alberta is committed to providing high-quality front line services for Albertans;

WHEREAS the Government of Alberta is committed to balancing its budget by the 2022‑2023 fiscal year;

WHEREAS public sector compensation is the largest government expenditure, constituting over half of the Government of Alberta’s operating expense;


WHEREAS significant changes have occurred in Alberta’s economy since the 2018‑2019 Third Quarter Fiscal Update and Economic Statement;

WHEREAS the Blue Ribbon Panel on Alberta’s Finances, an expert panel appointed by the Government of Alberta, will deliver a final report by August 15, 2019, and time is required to gather other information on Alberta’s economy and the Government of Alberta’s financial state; and

WHEREAS the Government of Alberta needs to gather and fully consider the information and advice prior to wage arbitration hearings under collective agreements in respect of 2019‑2020 that affect the Government of Alberta as an employer or funder;

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

Definition

1   In this Act, “wage reopener provision” means a provision in a collective agreement listed in the Schedule or designated by the regulations that provides for the determination by arbitration of wages, salaries or pay grade adjustments.

 

Temporary suspension of wage reopener provision

2(1)  The operation of the arbitration process provided for in a wage reopener provision is suspended beginning on the day this Act comes into force and ending on October 31, 2019.

(2)  For greater certainty,

                           (a)    no arbitration hearing shall be commenced, continued or completed and no arbitration decision shall be rendered in respect of a wage reopener provision during the time period beginning on the day this Act comes into force and ending on October 31, 2019, and

                           (b)    subsection (1) does not preclude the parties to the collective agreement from giving notice of the desire to submit resolution of the matter to arbitration, selecting an arbitration panel, including the chair, and securing a date for the holding of an arbitration hearing that is on or after November 1, 2019 and is within the applicable deadline, if any, imposed in section 3.

(3)  Parties to an arbitration hearing that was commenced under a wage reopener provision but for which no arbitration decision was rendered before the coming into force of this Act must be provided with the opportunity to make further submissions to the arbitrator or arbitration panel within a reasonable time after October 31, 2019.

 

Modification of wage reopener provision

3   A reference in a wage reopener provision to a deadline date or a scheduled date for the holding of an arbitration hearing that is on or before November 30, 2019 shall be read as

                           (a)    a reference to a deadline date of December 15, 2019 for the holding of the arbitration hearing if the wage reopener provision includes a reference to a deadline date or scheduled date that occurs during the time period beginning on June 30, 2019 and ending on October 1, 2019 for the holding of the arbitration hearing, or

                           (b)    a reference to a deadline date of March 15, 2020 for the holding of the arbitration hearing if the wage reopener provision includes a reference to a deadline date or scheduled date that occurs during the time period beginning on October 2, 2019 and ending on November 30, 2019 for the holding of the arbitration hearing.

 

Paramountcy

4   If a provision of this Act or the regulations is inconsistent or in conflict with a wage reopener provision, the provision of this Act or the regulations prevails to the extent of the conflict or inconsistency.

 

Regulations

5   The Lieutenant Governor in Council may make regulations

                           (a)    designating a collective agreement for the purposes of section 1;

                           (b)    defining any word or expression used but not defined in this Act;


                           (c)    respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for carrying out the intent of this Act.

Schedule

Collective Agreements

(Section 1)

Employer

Union/
Association

Agreement Title, Date

Alberta
College of Art and Design

Alberta Union of Provincial Employees

Collective Agreement between The Board of Governors of the Alberta College of Art and Design and the Alberta Union of Provincial Employees Local 071/006
July 1, 2017 to June 30, 2020

Alberta Health Services;
Lamont Health Care Centre;
Allen Gray Continuing Care Centre

Alberta Union of Provincial Employees

Collective Agreement between Alberta Union of Provincial Employees (Auxiliary Nursing) and Alberta Health Services and Lamont Health Care Centre and Allen Gray Continuing Care Centre
April 1, 2017 to March 31, 2020

Alberta Health Services

Alberta Union of Provincial Employees

Collective Agreement between Alberta Health Services and Alberta Union of Provincial Employees
General Support Services
April 1, 2017 to March 31, 2020

Alberta Health Services; Covenant Health; Lamont Health Care Centre; The Bethany Group (Camrose)

Health Sciences Association
of Alberta

Collective Agreement between The Health Sciences Association of Alberta (Paramedical Professional and Technical Employees) and The Bethany Nursing Home of Camrose, AB and Lamont Health Care Centre and Alberta Health Services
April 1, 2017 to March 31, 2020

Alberta Health Services

United Nurses
of Alberta

Collective Agreement between Alberta Health Services, Covenant Health, Lamont Health Care Centre and the Bethany Group (Camrose) and the United Nurses of Alberta
April 1, 2017 to March 31, 2020

Alberta
Innovates

Alberta Union of Provincial Employees

Collective Agreement between Alberta Innovates and The Alberta Union of Provincial Employees
Local 060
October 1, 2017 to September 30, 2020

Athabasca University

Alberta Union of Provincial Employees

Collective Agreement between The Governors of Athabasca University and the Alberta Union of Provincial Employees on behalf of Local 69
July 1, 2017 to June 30, 2020

Bow Valley College

Bow Valley College Faculty Association

Collective Agreement between The Board of Governors of Bow Valley College and the Bow Valley College Faculty Association
July 1, 2017 to June 30, 2020

Calgary Board
of Education

CUPE

Calgary Board of Education Agreement between the Board of Trustees of the Calgary Board of Education and the Canadian Union of Public Employees Local 40 
September 1, 2017 to August 31, 2020

Fort McMurray Catholic Board of Education

CUPE

Collective Agreement between the Fort McMurray Catholic Board of Education and the Canadian Union of Public Employees Local 2559
September 1, 2017 to August 31, 2020

Government
of the Province of Alberta

Alberta Union of Provincial Employees

Master Agreement between the Government of the Province of Alberta and the Alberta Union of Provincial Employees
November 4, 2018 to March 31, 2020

InnoTech Alberta

Alberta Union of Provincial Employees

Collective Agreement between InnoTech Alberta and the Alberta Union of Provincial Employees
Local 060
October 1, 2017 to September 30, 2020

Keyano
College

Keyano College Faculty Association

Collective Agreement between The Board of Governors of Keyano College and the Keyano College Faculty Association  
July 1, 2017 to June 30, 2020

Lakeland College

Alberta Union of Provincial Employees

Collective Agreement between The Board of Governors of Lakeland College and the Alberta Union of Provincial Employees Representing Local 071, Chapter 004 
July 1, 2017 to June 30, 2020

Lethbridge College

Alberta Union of Provincial Employees

Collective Agreement between The Board of Governors of Lethbridge College and the Alberta Union of Provincial Employees on behalf of
Local 071/001
July 1, 2017 to June 30, 2020

Northern Alberta Institute of Technology

Alberta Union of Provincial Employees

Collective Agreement between the Board of Governors of the Northern Alberta Institute of Technology and the Alberta Union of Provincial Employees Local 038
July 1, 2017 to June 30, 2020

Northern Lakes College

Alberta Union of Provincial Employees

Collective Agreement between The Board of Governors of Northern Lakes College and the Alberta Union of Provincial Employees Local 071,
Chapter 009
July 1, 2017 to June 30, 2020

NorQuest College

Alberta Union of Provincial Employees

Collective Agreement between NorQuest College and the Alberta Union of Provincial Employees Local 071, Chapter 010
July 1, 2017 to June 30, 2020

Olds College

Alberta Union of Provincial Employees

Collective Agreement between The Board of Governors of Olds College and the Alberta Union of Provincial Employees Local 071, Chapter 002
July 1, 2017 to June 30, 2020

Red Deer College

Alberta Union of Provincial Employees

Collective Agreement between Red Deer College and the Alberta Union of Provincial Employees Local 071, Chapter 014
July 1, 2017 to June 30, 2020

Southern Alberta Institute of Technology

SAIT Academic Faculty Association

Collective Agreement between the Board of Governors of the Southern Alberta Institute of Technology (SAIT) and the SAIT Academic Faculty Association
July 1, 2017 to June 30, 2020

Teachers’ Employer Bargaining Association

Alberta Teachers’ Association

Central Agreement between the Alberta Teachers’ Association and
the Teachers’ Employer Bargaining Association
September 1, 2018 to August 31, 2020

University of Calgary

Faculty Association of the University of Calgary

Collective Agreement between the Faculty of the University of Calgary and The Governors of the University of Calgary
July 1, 2019 to June 30, 2020

University of Lethbridge

Alberta Union of Provincial Employees

Collective Agreement between The Governors of the University of Lethbridge and the Alberta Union of Provincial Employees on behalf of Local 053
July 1, 2017 to June 30, 2020