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| ALBERTA LABOUR RELATIONS BOARD |
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On December 13, 2020, new mandatory public health measures were introduced that require all employees to work from home unless operational efficiency requires otherwise. These measures will be in effect until January 21, 2021, unless they are extended. For the duration of these mandatory public health measures, any requests to depart from the presumption that Board hearings will be conducted remotely via Zoom will be considered in light of these new mandatory restrictions. |
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Information regarding Remote Proceedings can be found here.
The Alberta Labour Relations Board (ALRB) is an independent and impartial tribunal responsible for the day-to-day application and interpretation of Alberta's labour laws. The role of the ALRB is to interpret and apply the legislation governing collective bargaining including:
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Update on Board Hearings As changes to public health restrictions and guidelines arising from the COVID-19 pandemic continue to unfold, the Board is monitoring these developments closely with a view to resuming in-person proceedings on certain matters. In the meantime, the Board has determined it will continue its current practice of holding proceedings remotely unless there is a compelling reason to conduct a proceeding in-person. For more information, please refer to the “Resumption of Hearings” heading on the Board’s website. Proceedings that are currently scheduled will continue to be heard remotely, unless the Board has ordered otherwise. Matters in the process of being scheduled will continue to be scheduled as remote proceedings until further notice. The Board will regularly reassess the situation as it works towards a safe and effective transition to conducting in-person proceedings on certain matters. Members of the labour relations community are encouraged to check the Board’s website for future updates in this regard. Links to the Board’s Guidelines for Remote Proceedings and Protocol for In-Person Hearings are provided below: Board’s Guidelines for Remote Proceedings Board’s Protocol for In-Person Hearings
Updates to Board Information Bulletins As a result of the changes to the Code arising from the Restoring Balance in Alberta’s Workplaces Act, 2020, the Board has updated the following Information Bulletins:
The Board plans to release updated versions of Information Bulletin #10 (Bargaining Units for Hospitals and Nursing Homes) and Information Bulletin #11 (Bargaining Units for the Building Trades) shortly.
Labour Relations Code Changes On February 10, 2021, a number of changes to the Labour Relations Code arising from Restoring Balance in Alberta’s Workplaces Act, 2020 (Bill 32) were proclaimed in force by Order in Council 0043/2021.
In addition, Order in Council 0044/2021 amended the expiry date in section 4 of the Construction Industry Labour Relations Regulation to November 30, 2022.
Guidelines for Email Filing and Email Communications Effective January 1, 2021, the Board is changing its filing deadline from 4:30 PM to 4:00 PM. This change applies to all methods of filing materials with the Board (i.e. fax, delivery, email). The Board has recently begun accepting applications, complaints, and references under the Labour Relations Code, and appeals under the Occupational Health and Safety Act via email. As a result of this change, the Board has developed Guidelines for Email Filing and Email Communications, which include naming conventions, and other procedures and best practices for submitting material to the Board via email. The Guidelines will be incorporated into a revised version of Information Bulletin #2 at a later date. Some of the key components of the Guidelines include:
Effective January 1, 2021, the deadline for filing materials with the Board will change from 4:30 PM to 4:00 PM. COVID-19 Update: New Mandatory Public Health Measures On December 13, 2020, new mandatory public health measures were introduced that require all employees to work from home unless operational efficiency requires otherwise. In response, the Board will be further decreasing the number of employees working out of its Edmonton and Calgary locations. The Board does not currently anticipate that the new mandatory public health measures will result in adjournments or cancellations of hearings that are currently scheduled for the duration of these measures. However, as the Board takes steps to address these new requirements, parties may experience brief delays on the processing and management of non-urgent matters. The Board encourages parties to familiarize themselves with the Board’s recently released Guidelines on Email Communication, and to use email as a method of communication where possible. Guidelines for Remote Proceedings Video-conferencing using the Zoom platform is presumptive method for hearings during the COVID-19 pandemic. The Board has released updated Guidelines for Remote Proceedings. Parties and participants are expected to comply with these Guidelines. On December 13, 2020, new mandatory public health measures will take effect that require all employees to work from home unless operational efficiency requires otherwise. These measures will be in effect until January 12, 2021, unless they are extended. For the duration of these mandatory public health measures, any requests to depart from the presumption that Board hearings will be conducted remotely via Zoom will be considered in light of these new mandatory restrictions.
Representation Votes – Mail-In Ballots Presumptive In response to the ongoing COVID-19 pandemic, the Board has moved to mail-in ballots as the presumptive approach for representation votes. Please see the Case Management Directive for further consideration on this point.
Section 11 of the Labour Relations Code - Changes The Board has updated its Rules of Procedure that relate to informal hearings under section 11 of the Labour Relations Code. Please see Rules 29-33. These changes have been incorporated into Information #2 – Processing Applications, Complaints and References and Information Bulletin #4: Location and Conduct of Board Hearings.
Restoring Balance in Alberta's Workplaces Act, 2020 (Bill 32) Bill 32, Restoring Balance in Alberta’s Workplaces Act, 2020, received Royal Assent on July 29, 2020. Bill 32 amended a number of labour and employment statutes, including the Employment Standards Code, the Labour Relations Code, the Public Service Employee Relations Act, the Police Officers Collective Bargaining Act, the Public Education Collective Bargaining Act, and the Post-Secondary Learning Act. Regarding the Labour Relations Code, some of the amendments to came into force on Royal Assent, while others will come into force at a future date upon Proclamation. The Board is currently reviewing and updating its processes and Information Bulletins to reflect these legislative changes. Please continue to check the Board’s website for more information in this regard. Information Bulletin Updates:
Resumption of Hearings Effective July 6, 2020 the Board will resume the regular scheduling of hearings. At this time, the presumptive method of hearing will be by video conference, unless the Board Chair or Vice-Chair approves and directs otherwise in a particular case. Officers scheduling matters for resolution conferences and hearings will operate on the presumption that video conferencing will be used unless:
Where a party seeks a resolution conference or hearing other than by video conference, the Board will schedule a case management conference for the Board to determine the issue. The Board will then explore the options of video conference hearing; in-person hearing where the safety of participants can be ensured; written submissions only; or a hybrid of the preceding alternatives. All parties must provide a brief written position on the appropriate method of hearing in advance of the case management conference, including, where applicable, their reasons why the presumption of a video conference hearing ought not to apply in their case. All matters set for video-conference will have a further case management conference booked at a later date with the Chair or Vice-Chair presiding at the hearing, to:
For video conference hearings, please see the Board’s Guidelines for Remote Proceedings. For in-person hearings, please see the Board’s Protocol for In-Person Hearings. For a thoughtful analysis of proceedings being conducted via video conference in contrast to “in-person” hearings please see OLRB Case No: 2788-17-U (Labourers International Union of North America, Local 183 v. Innovative Civil Constructors Inc., et al.) On December 13, 2020, new mandatory public health measures were introduced that require all employees to work from home unless operational efficiency requires otherwise. These measures will be in effect until January 21, 2021, unless they are extended. For the duration of these mandatory public health measures, any requests to depart from the presumption that Board hearings will be conducted remotely via Zoom will be considered in light of these new mandatory restrictions.
Public Health and Ministerial Orders Restricting Emplyoees to Working at only One Healthcare Facilitiy Due to COVID-19 As a result of COVID-19, a state of public heath emergency was declared in Alberta on March 17, 2020. Several Ministerial Orders have resulted. In particular, as a result of Ministerial Order 2020-26, the Board has developed Procedural Guidelines for resolving disputes under that Order. View information here. COVID-19 Information CERB Information The Canada Emergency Response Benefit (CERB) is a federal benefit program administered the Canada Revenue Agency and Service Canada. The toll free number to reach an agent who can discuss your CERB application is 1-800-959-8281. The Alberta Labour Relations Board is a provincial agency that regulates collective bargaining in Alberta.
The Employment Standards Branch is the government agency that can assist you. For information about the changes to the Employment Standards Code see: Further questions about job-protected leave should be directed to Employment Standards Branch:
Front-Line Reception Please note that effective immediately, the Board’s front-line reception areas in both our Edmonton and Calgary offices will be closed to the public for walk-in inquiries until further notice. Please contact the Board at (780) 422-5926 (in Edmonton) or (403) 297- 4334 (in Calgary) to obtain information or discuss options relating to filing applications and/or complaints, scheduling of hearings and other matters before the Board. NEW TO THIS SITE?
LABOUR PROFESSIONAL
CONFERENCES / MEETINGS / EVENTS OF INTEREST Meeting CIRA - Virtual Meeting - Bill 47 Overview - June 1, 2021 - Free Event - 7:00 - 8:30 pm.
Mediation Services: New Grievance Mediation Program Mediation Services is pleased to introduce a new Grievance Mediation program to assist unions and employers to resolve grievances. Follow this link for further information.
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