Copyright and Disclaimer Print  


AN ACT TO ENHANCE POST-SECONDARY ACADEMIC BARGAINING

Bill 7

AN ACT TO ENHANCE POST‑SECONDARY
ACADEMIC BARGAINING

Chapter 4

(Assented to May 4, 2017)

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


Labour Relations Code

Amends RSA 2000 cL‑1

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

(2)  The following is added after section 58:

Division 9.1
Post‑secondary
Academic Bargaining

Interpretation

58.1(1)  In this Division, “board of a public post‑secondary institution” means

                                 (a)    the board of governors of a university,

                                 (b)    the board of governors of a public college, and

                                 (c)    the board of governors of a technical institute.

(2)  Definitions in section 1 of the Post‑secondary Learning Act of terms used in this Division apply to this Division.

(3)  An agreement entered into under section 87 or 96 of the Post‑secondary Learning Act before the Bill to enact An Act to Enhance Post‑secondary Academic Bargaining receives Royal Assent is a collective agreement for the purposes of this Act.

(4)  For the purposes of this Division, an employee referred to in sections 58.3(1)(b), 58.4(1)(b) and 58.5(1)(b) is an employee notwithstanding that the person

                                 (a)    performs managerial functions,

                                 (b)    is a member of the medical, dental, architectural, engineering or legal profession qualified to practise under the laws of Alberta and is employed in the person’s professional capacity, or

                                 (c)    is a nurse practitioner employed in the professional capacity as a nurse practitioner in accordance with the Public Health Act and the regulations under that Act.

Application

58.2(1)  Divisions 4 to 9 and section 156 do not apply

                                 (a)    with respect to the board of a public post‑secondary institution while it is acting as the employer of the academic staff members of the public post‑secondary institution or with respect to those academic staff members,

                                 (b)    with respect to the board of governors of a university while it is acting as the employer of the academically employed graduate students at the university or with respect to those graduate students, or

                                 (c)    with respect to the board of governors of a university while it is acting as the employer of postdoctoral fellows of the university or with respect to those postdoctoral fellows.

(2)  Notwithstanding subsection (1), Divisions 4 to 9 apply effective July 1, 2022 unless a later date is determined by the Lieutenant Governor in Council after the Minister has consulted with affected parties.

Boards, academic staff and bargaining agents

58.3(1)  For the purposes of this Act,

                                 (a)    the board of a public post‑secondary institution is an employer while it is acting as the employer of its academic staff,

                                 (b)    the academic staff members of a public post‑secondary institution are employees of the board of the public post‑secondary institution, and

                                 (c)    the academic staff association of a public post‑secondary institution is, subject to the future effects of the application of Divisions 4 to 9 under section 58.2(2), the bargaining agent for the academic staff of the public post‑secondary institution and has exclusive authority to bargain collectively on behalf of the academic staff and to bind them by a collective agreement.

(2)  The academic staff association of a public post‑secondary institution is deemed to be a trade union for the purposes of acting as bargaining agent for the public post‑secondary institution’s academic staff members.

Boards, graduate students and
bargaining agents

58.4(1)  For the purposes of this Act,

                                 (a)    the board of governors of a university is an employer while it is acting as the employer of its academically employed graduate students,

                                 (b)    the academically employed graduate students of a university are employees of the board of governors of the university, and

                                 (c)    the graduate students association of a university is, subject to the future effects of the application of Divisions 4 to 9 under section 58.2(2), the bargaining agent for the academically employed graduate students of the university and has exclusive authority to bargain collectively on behalf of the academically employed graduate students and to bind them by a collective agreement.

(2)  The graduate students association of a university is deemed for the purposes of this Act to be a trade union for the purposes of acting as bargaining agent for the academically employed graduate students at the university.

Boards, postdoctoral fellows and
bargaining agents

58.5(1)  For the purposes of this Act,

                                 (a)    the board of governors of a university is an employer while it is acting as the employer of its postdoctoral fellows,

                                 (b)    the postdoctoral fellows of a university are employees of the board of governors of the university, and

                                 (c)    the postdoctoral fellows association of a university is, subject to the future effects of the application of Divisions 4 to 9 under section 58.2(2), the bargaining agent for the postdoctoral fellows of the university and has exclusive authority to bargain collectively on behalf of the postdoctoral fellows and to bind them by a collective agreement.

(2)  The postdoctoral fellows association of a university is deemed for the purposes of this Act to be a trade union for the purposes of acting as bargaining agent for the postdoctoral fellows of the university.

Application respecting academic staff designations

58.6(1)  A person or bargaining agent affected by a designation or change in designation made under section 5(2), 42(2) or 60(2) of the Post‑secondary Learning Act, or a failure to designate, may apply to the Labour Relations Board to decide whether a category of employees or individual employees are academic staff members.

(2)  On considering an application under subsection (1), the Labour Relations Board may decide whether a category of employees or individual employees are academic staff members, and in deciding may take into account any of the following: 

                                 (a)    the history of, and the employer’s policies concerning, designations within the public post‑secondary institution;

                                 (b)    the results of any consultation referred to in section 5(2), 42(2) or 60(2) of the Post‑secondary Learning Act;

                                 (c)    the potential for significant conflict with the managerial responsibilities of the category of employees or individual employees, in the context of a collegial governance structure;

                                 (d)    any arrangements made for any transition in status of categories of employees or individual employees;

                                 (e)    the submissions and interests of any other bargaining agent representing employees of the public post‑secondary institution affected by the designation;

                                 (f)    any other factor the Board considers relevant.

(3)  A decision of the Board under subsection (2) is final and binding.

(4)  This section applies whether a designation or change in designation or a failure to designate by the board of governors occurred before or after the coming into force of this section.

Transitional provisions

58.7(1)  On the coming into force of this section, collective bargaining that commenced under an agreement entered into under section 87 or 96 of the Post‑secondary Learning Act continues subject to the Labour Relations Code.

(2)  If before the day the Bill to enact An Act to Enhance Post‑secondary Academic Bargaining receives first reading a dispute that arises during the negotiation of an agreement is referred to binding arbitration pursuant to an agreement under section 87 or 96 of the Post‑secondary Learning Act or referred to binding arbitration under section 88 of that Act, the arbitration continues as the dispute resolution process for that dispute unless the parties agree to terminate the arbitration.

(3)  If, on or after the day on which the Bill to enact An Act to Enhance Post‑secondary Academic Bargaining receives first reading but before it receives Royal Assent, a dispute that arises during the negotiation of an agreement is referred to binding arbitration pursuant to an agreement under section 87 or 96 of the Post‑secondary Learning Act or referred to binding arbitration under section 88 of that Act, the arbitration is terminated and any award made is void.

(4)  Effective on the day on which the Bill to enact An Act to Enhance Post‑secondary Academic Bargaining receives first reading, a provision in an agreement under section 87 or 96 of the Post‑secondary Learning Act that requires disputes that arise during the negotiation of a future agreement to be resolved by binding arbitration is unenforceable.

(5)  An agreement under section 87 or 96 of the Post‑secondary Learning Act that operates for an unspecified term is deemed, despite section 129 of this Act, to provide for its operation for a term of 3 years beginning on the date the Bill to enact An Act to Enhance Post‑secondary Academic Bargaining receives Royal Assent or for a shorter period agreed on by the parties.

(6)  For greater certainty, nothing in this section prevents the parties from referring matters in dispute to voluntary arbitration under section 93.

(7)  A party to an agreement affected by this section may apply to the Board for a determination respecting the application of this section, and the Board’s decision is final and binding.

(3)  Section 95.2 is amended by adding the following after clause (c):

                           (d)    employers described in section 58.2(1)(a) to (c), all the employees of those employers and the bargaining agents for those employees.

Post‑secondary Learning Act

Amends SA 2003 cP‑19.5

2(1)  The Post‑secondary Learning Act is amended by this section.

(2)  Section 1 is amended

                            (a)    in clause (c) by striking out “under this Act” and substituting “in accordance with this Act”;

                           (b)    by adding the following after clause (c):

                              (c.1)    “academically employed graduate student” includes a graduate student employed as a teaching or research assistant;

                            (c)    by repealing clause (j) and substituting the following:

                                  (j)    “non‑academic staff”, “non‑academic staff member” and “member of the non‑academic staff” mean an employee of the board of a public college, technical institute or university other than

                                        (i)    an academic staff member,

                                      (ii)    an academically employed graduate student, or

                                     (iii)    a postdoctoral fellow;

                           (d)    by adding the following after clause (k):

                             (k.1)    “postdoctoral fellow” means an individual holding a postdoctoral appointment or occupying a postdoctoral position at a university, including any of the following:

                                        (i)    postdoctoral fellow;

                                      (ii)    postdoctoral associate;

                                     (iii)    postdoctoral researcher;

                                     (iv)    postdoctoral scholar;

                             (k.2)    “postdoctoral fellows association” means a postdoctoral fellows association established under section 92.1;

(3)  Section 5(2) is repealed and the following is substituted:

(2)  Notwithstanding anything in this Act, the initial governing authority of a university

                                 (a)    shall, subject to section 58.6 of the Labour Relations Code, after consulting with the academic staff association and with any other bargaining agent representing employees of the university affected by the designation, do one or both of the following:

                                        (i)    designate categories of employees as academic staff members of the university;

                                      (ii)    designate individual employees as academic staff members of the university,

                                 (b)    shall prescribe procedures respecting the election of

                                        (i)    the first executive of the academic staff association at the university, and

                                      (ii)    the first councils of the student organizations at the university,

                                      and

                                 (c)    may, subject to section 58.6 of the Labour Relations Code, change a designation made under this subsection after consulting with the academic staff association and with any other bargaining agent representing employees of the university affected by the change in designation.

(4)  Section 22 is amended

                            (a)    in subsection (3) by striking out “existing agreement” and substituting “collective agreement”;

                           (b)    by adding the following after subsection (3):

(4)  In subsection (3), “collective agreement” includes an agreement between a board and an academic staff association that was made under section 87 before the repeal of section 87 and that is still in effect.

(5)  Section 42(2) is repealed and the following is substituted:

(2)  Notwithstanding anything in this Act, the initial governing authority of a public college or technical institute

                                 (a)    shall, subject to section 58.6 of the Labour Relations Code, after consulting with the academic staff association and with any other bargaining agent representing employees of the public college or technical institute affected by the designation, do one or both of the following:

                                        (i)    designate categories of employees as academic staff members of the public college or technical institute;

                                      (ii)    designate individual employees as academic staff members of the public college or technical institute,

                                 (b)    shall prescribe procedures respecting the election of

                                        (i)    the first executive of the academic staff association at the public college or technical institute, and

                                      (ii)    the first councils of the student organizations at the public college or technical institute,

                                      and

                                 (c)    may, subject to section 58.6 of the Labour Relations Code, change a designation made under this subsection after consulting with the academic staff association and with any other bargaining agent representing employees of the public college or technical institute affected by the change in designation.

(6)  Section 60(2) is repealed and the following is substituted:

(2)  Subject to section 58.6 of the Labour Relations Code, the board of a public post‑secondary institution other than Banff Centre may, after consulting with the academic staff association of the institution and with any other bargaining agent representing employees of the institution affected by the designation or change in designation, do one or more of the following:

                                 (a)    designate categories of employees as academic staff members of the public post‑secondary institution;

                                 (b)    designate individual employees as academic staff members of the public post‑secondary institution;

                                 (c)    change a designation made under clause (a) or (b) or under section 5(2) or 42(2).

(7)  Section 84 is amended

                            (a)    by repealing subsection (1) and substituting the following:

Academic staff

84(1)  In this section, “collective agreement” includes an agreement between a board and an academic staff association that was made under section 87 before the repeal of section 87 and that is still in effect.

                           (b)    in subsection (3) by striking out “existing agreement” and substituting “collective agreement”.

(8)  Section 85(3) is repealed.

(9)  Sections 87 to 89 are repealed.

(10)  Section 90 is repealed and the following is substituted:

Application of labour law

90   The Employment Standards Code does not apply to the following:

                                 (a)    the initial governing authority of a public post‑secondary institution when acting as the employer of its academic staff members, academically employed graduate students and postdoctoral fellows;

                                 (b)    the board of a public post‑secondary institution when acting as the employer of its academic staff members, academically employed graduate students and postdoctoral fellows;

                                 (c)    the academically employed graduate students of a university;

                                 (d)    the postdoctoral fellows of a university;

                                 (e)    the academic staff members of a public post‑secondary institution.

(11)  Sections 91 and 92 are repealed.

(12)  The following is added before the heading Student Affairs preceding section 93:

Postdoctoral fellows associations

92.1(1)  The Lieutenant Governor in Council may by order establish a postdoctoral fellows association for each university and shall give the association a name consisting of the words “The Postdoctoral Fellows Association of” followed by the name of the university.

(2)  Each postdoctoral fellows association is a corporation with the name given to it by the Lieutenant Governor in Council and consists of the postdoctoral fellows of the university.

(3)  An order under subsection (1) must prescribe the procedures respecting the election of the first executive of the postdoctoral fellows association.

Postdoctoral fellows association executive 

92.2(1)  The business and affairs of a postdoctoral fellows association shall be managed by an executive, the members of which shall be elected by the members of the association.

(2)  The postdoctoral fellows association shall, with the approval of the members of the association, make bylaws governing its affairs, and those bylaws must contain provisions governing at least the following matters:

                                 (a)    the election of members of the executive of the postdoctoral fellows association;

                                 (b)    the number of persons and the officers of which the executive is to consist, and their duties, powers and remuneration;

                                 (c)    the calling of general and special meetings of the postdoctoral fellows association and of the executive;

                                 (d)    the conduct of business at the meetings referred to in clause (c), including the number constituting a quorum at a meeting and the method of voting;

                                 (e)    the charging of membership fees and the amount of those fees;

                                 (f)    the acquisition, management and disposition of property of the postdoctoral fellows association;

                                 (g)    the audit of accounts;

                                 (h)    the manner of making, altering and rescinding bylaws;

                                  (i)    the preparation and custody of

                                        (i)    minutes of meetings of the postdoctoral fellows association and of the executive, and

                                      (ii)    books and records of the postdoctoral fellows association;

                                  (j)    the time and place at which the minutes, books and records of the postdoctoral fellows association may be inspected by members.

(13)  Section 95 is amended

                            (a)    in subsection (2) by adding the following after clause (f):

                              (f.1)    in the case of a graduate students association, its role as bargaining agent for academically employed graduate students, which must require the association to ascertain and act on the wishes of the academically employed graduate students;

                           (b)    by adding the following after subsection (2):

(2.1)  A bylaw made under subsection (2)(f.1) must be filed with the Labour Relations Board for approval.

(2.2)  The Labour Relations Board shall approve the bylaw if it is satisfied that the bylaw requires the association to ascertain and act on the wishes of the academically employed graduate students.

(2.3)  If a bylaw is not approved by the Labour Relations Board before July 1, 2018, the bylaws of the graduate students association are deemed to include the model provisions set out in the regulations. 

(14)  Section 96 is repealed.

(15)  Section 124 is amended

                            (a)    by repealing clause (f);

                           (b)    by adding the following after clause (p):

                             (p.1)    prescribing model clauses for the purpose of section 95(2.3);

Public Service Employee
Relations Act

Amends RSA 2000 cP‑43

3(1)  The Public Service Employee Relations Act is amended by this section.

(2)  The Schedule is amended by repealing section 2 and substituting the following:

2(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

                                 (a)    academic staff,

                                 (b)    academically employed graduate students, and

                                 (c)    postdoctoral fellows,

as defined in the Post‑secondary Learning Act.

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

(3)  The academically employed graduate students, as defined in the Post‑secondary Learning Act, employed by the board of governors of each university.

(4)  The postdoctoral fellows, as defined in the Post‑secondary Learning Act, employed by the board of governors of each university.

Coming into Force

4   Section 1(2) with respect to the enactment of section 58.7(2), (3) and (4) of the Labour Relations Code is deemed to have come into force on the day the Bill to enact An Act to Enhance Post-secondary Academic Bargaining received first reading.