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|ALBERTA LABOUR RELATIONS BOARD|
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:
Board Invites Community Submissions on Interpretation of
The Board has received an application (Vos v. Civic Service Union 52 – Board File GE-08822) alleging the Union violated section 26.1 of the Labour Relations Code, the recently proclaimed provision regarding dues election. Given the agreed upon facts of this application, the parties agreed and the Board decided to bifurcate the case so that the issue of whether the agreed facts constitute a breach of section 26.1 will be determined before any argument about the section’s constitutionality.
As this is the first opportunity for the Board to interpret section 26.1 and its associated regulations, and given these interpretive issues may be of broad interest to the community, the Board invites the community to provide written submissions concerning the interpretation of section 26.1 on the following legal issues raised by the application:
The Board notes it is seeking submissions from the community on any interpretative matters of concern, rather than on the merits of this particular case. Further, the Board reiterates the constitutionality of section 26.1 is not in issue at this stage of the application and the Board is not seeking or accepting submissions on that issue at this time.
Any submissions from the community in accordance with the above may be provided to the Board at ALRB.EDM@gov.ab.ca on or before February 17, 2023. Submissions must not exceed 10 pages. The Board will provide all copies of submissions it receives to the parties of GE-98822, who will be given the opportunity to respond to the submissions.
Updated: January 24, 2023
New Board Decision on Reconsideration Applications
On September 30, 2022, the Board released Construction and General Workers’ Union, Local No. 92, Mikisew Maintenance Ltd. / MM Limited Partnership and Mikisew Fleet Maintenance / MFM Limited Partnership. This decision provides clarification and guidance on the Board’s exercise of its reconsideration powers in applications where a substantial factual or legal error is alleged. The Board will also be releasing an updated version of Information Bulletin #6 shortly.
Updated: October 4, 2022
New Transitional Bulletin Coming into Force August 1, 2022
The transitional version of this Bulletin contains information and key dates regarding election of union dues and union financial disclosure obligations, and it sets out the Board’s processes for addressing disputes about union dues elections and financial disclosure.
Updated: July 28, 2022
Important Update About Board Conducted Votes
Please be advised that effective July 4, 2022, the Board will be resuming in-person votes for some matters. Please note that the ability to do in person votes is currently restricted by our resources. This means that some votes, particularly those outside of Edmonton or Calgary, may still need to be conducted via mail in ballot. The Board retains the discretion to determine how all votes will be conducted.
The Board is actively working towards using electronic voting as a means to conduct votes. We are hopeful that this option will be available within the next couple of months.
Updated: June 17, 2022
Important Update About Board Hearings -
Effective September 1, 2022, the Board will conduct some of its hearings in-person, and some of its hearings remotely (“Remote Proceedings”) using the Zoom platform.
The Board has updated Information Bulletin #4: Board Hearings to reflect these changes. Please review this bulletin for more detailed information about Board hearings.
Effective September 1, 2022, the following proceedings will be presumptively scheduled as Remote Proceedings:
All proceedings not identified above will be presumptively scheduled as in-person proceedings.
In some cases, a party may seek to rebut the presumption that a matter proceed remotely or in-person. The process for doing so will be described in the hearing scheduling letter, and may require a Case Management Meeting. A party seeking to rebut a scheduling presumption will need to put forward a clear and compelling rationale for doing so.
Where all parties in a proceeding that is presumptively scheduled as an in-person proceeding would prefer that the matter proceed remotely, they may write to the Director of Settlement to confirm their agreement in this regard and request a Remote Proceeding.
In all cases, the final decision about whether a matter proceeds in-person or remotely rests with the Board.
Procedures for Remote Proceedings
Procedures for In-Person Hearings
Hearings that are currently scheduled as Remote Proceedings, or that are scheduled to proceed before September 1, 2022, will continue as Remote Proceedings, unless the Board directs otherwise.
Updated: June 17, 2022
Update re Information Bulletin #11
The Board has updated Information Bulletin #11: Bargaining Units in the Construction Industry and Building Trades to address the amendments to the Labour Relations Code resulting from Restoring Balance in Alberta's Workplaces Act, 2020.
Updated: February 25, 2022
New OHS Legislation Takes Effect December 1, 2021
Effective December 1, 2021, the Occupational Health and Safety Act, SA 2017 c O-2.1 is repealed and the new Occupational Health and Safety Act, SA 2020 c O-2.2 is proclaimed in force. Pursuant to the transitional provisions contained in the new legislation, appeals that are not disposed of before December 1, 2021 will, subject to section 74(2) of the new legislation, continue to be addressed in accordance with the previous OHS legislation.
The Board has updated its Rules of Procedure for OHS Appeals as well as its Forms for OHS Appeals.
Please visit Board’s OHS page for more information.
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.
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.
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CONFERENCES / MEETINGS / EVENTS OF INTEREST
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.