Labour Relations Code

WHEREAS it is recognized that a mutually effective relationship between employees and employers is critical to the capacity of Albertans to prosper in the competitive world-wide market economy of which Alberta is a part;

WHEREAS it is fitting that the worth and dignity of all Albertans be recognized by the Legislature of Alberta through legislation that encourages fair and equitable resolution of matters arising in respect of terms and conditions of employment;

WHEREAS the employee-employer relationship is based on a common interest in the success of the employing organization, best recognized through open and honest communication between affected parties;

WHEREAS employees and employers are best able to manage their affairs where statutory rights and responsibilities are clearly established and understood; and

WHEREAS it is recognized that legislation supportive of free collective bargaining is an appropriate mechanism through which terms and conditions of employment may be established;

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

Definitions

1 In this Act,

(a) “bargain collectively” or “collective bargaining” means to negotiate or negotiation with a view to the conclusion of a collective agreement or the revision or renewal of a collective agreement;

(b) “bargaining agent” means a trade union that acts on behalf of employees in collective bargaining or as a party to a collective agreement with an employer or an employers’ organization, whether or not the bargaining agent is a certified bargaining agent;

(d) “certified bargaining agent” means a trade union certified by the Board as a bargaining agent;

(e) “Chair” means the Chair of the Board;

(f) “collective agreement” means an agreement in writing between an employer or an employers’ organization and a bargaining agent containing terms or conditions of employment, and may include one or more documents containing one or more agreements;

(g) “construction” includes construction, alteration, decoration, restoration or demolition of buildings, structures, roads, sewers, water or gas mains, pipelines, dams, tunnels, bridges, railways, canals or other works, but does not include

(i) supplying, shipping or otherwise transporting supplies and materials or other products to or delivery at a construction project, or

(ii) maintenance work;

(h) “Court” means the Court of Queen’s Bench;

(i) “Director” means the person appointed under the Public Service Act as the Director of Mediation Services;

(j) “dispute” means a difference or apprehended difference arising in connection with the entering into, renewing or revising of a collective agreement;

(k) “disputes resolution tribunal” means

(i) a voluntary arbitration board referred to in Part 2, Division 15,

(ii) a compulsory arbitration board referred to in Part 2, Division 16,

(iii) a disputes inquiry board referred to in Part 2, Division 17, or

(iv) a public emergency tribunal referred to in Part 2, Division 18;

(l) “employee” means a person employed to do work who is in receipt of or entitled to wages, but does not include

(i) a person who in the opinion of the Board performs managerial functions or is employed in a confidential capacity in matters relating to labour relations,

(ii) a person who 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

(iii) a nurse practitioner who is employed in his or her professional capacity as a nurse practitioner in accordance with the Public Health Act and the regulations under that Act;

(m) “employer” means a person who customarily or actually employs an employee;

(n) “employers’ organization” means an organization of employers that acts on behalf of an employer or employers and has as one of its objects the regulation of relations between employers and employees, whether or not the organization is a registered employers’ organization;

(o) “firefighters” means the employees, including officers and technicians, employed by a municipality or Metis settlement and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services;

(p) “lockout” includes

(i) the closing of a place of employment by an employer,

(ii) the suspension of work by an employer, or

(iii) a refusal by an employer to continue to employ employees,

for the purpose of compelling the employer’s employees, or to aid another employer in compelling the employees of that employer, to accept terms or conditions of employment;

(q) “lockout vote” means the polling of a single employer or a vote of employers under section 76(2);

(r) “mediator” means a person whose services are provided under section 64 or who is appointed as a mediator under this Act;

(s) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

(s.1) “nurse practitioner” means a registered nurse within the meaning of the Nursing Profession Act who is entered on the Nursing Profession Extended Practice Roster under that Act;

(t) “officer” means a person designated under section 8(8);

(t.1) “regional health authority” means a regional health authority under the Regional Health Authorities Act;

(u) “registered employers’ organization” means an employers’ organization registered by the Board as an agent for collective bargaining in a part of the construction industry;

(v) “strike” includes

(i) a cessation of work,

(ii) a refusal to work, or

(iii) a refusal to continue to work,

by 2 or more employees acting in combination or in concert or in accordance with a common understanding for the purpose of compelling their employer or an employers’ organization to agree to terms or conditions of employment or to aid other employees to compel their employer or an employers’ organization to accept terms or conditions of employment;

(w) “strike vote” means a vote of employees under section 76(1);

(x) “trade union” means an organization of employees that has a written constitution, rules or bylaws and has as one of its objects the regulation of relations between employers and employees;

(y) “unit” means any group of employees of an employer;

(z) “vice-chair” means a vice-chair of the Board;

(aa) “wages” includes any salary, pay, overtime pay and any other remuneration for work or services however computed or paid, but does not include tips and other gratuities.

RSA 2000 cL-1 s1;2003 c6 s2

Delegation of Minister’s and Director’s responsibilities

2(1) When the Minister or the Director is given a power or duty under this Act, the Minister or Director may authorize one or more employees of the Crown in right of Alberta to exercise or perform that power or duty generally or with respect to any particular case on the conditions or in the circumstances that the Minister or Director prescribes, and that power or duty may then be exercised or performed by the employee so authorized in addition to the Minister or Director.

(2) Subsection (1) does not apply to the Minister’s power to direct a vote under section 15(3)(b) or to consent to a prosecution under section 162.

1988 cL-1.2 s2

Witnesses

3(1) The Minister, a member or officer of the Board, an employee of the Crown in right of Alberta employed in the administration of this Act or any person designated by the Minister or selected by the parties to endeavour to effect settlement of any matter to which this Act applies is not a compellable witness in proceedings before any court respecting any information, material or report obtained by that person under this Act.

(2) In this section, “court” means the Court of Queen’s Bench or any other court and includes the Labour Relations Board or any other board or person having by law or by the consent of the parties authority to hear, receive and examine evidence, but does not include an inquiry under the Public Inquiries Act.

1988 cL-1.2 s3

Application of Act

4(1) Subject to subsection (2), this Act applies to every employer and employee and is binding on the Crown in right of Alberta.

(2) This Act does not apply to

(a) an employer as defined in the Public Service Employee Relations Act and to whom that Act applies;

(b) a person employed by an employer as defined in the Public Service Employee Relations Act and to whom that Act applies;

(d) employees who are police officers of a municipal police service appointed pursuant to the Police Act, except to the extent that this Act is made applicable by the Police Officers Collective Bargaining Act;

(e) employees employed on a farm or ranch whose employment is directly related to

(i) the primary production of eggs, milk, grain, seeds, fruit, vegetables, honey, livestock, domestic cervids within the meaning of the Livestock Industry Diversification Act, poultry or bees, or

(ii) any other primary agricultural operation specified in the regulations under the Employment Standards Code

or to their employer while the employer is acting in the capacity of their employer;

(f) employees employed in domestic work in a private dwelling or to their employer while the employer is ordinarily resident in the dwelling and acting in the capacity of their employer.

RSA 2000 cL-1 s4;2003 c26 s19

Part 1
Communication and Education

Powers of the Minister and dissemination of information

5(1) Subject to this Act, the Minister ma