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Introduction/Purpose
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The
purpose of the Principles of Conduct is to:
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Provide
guidance to members, Chairs and Vice
Chairs, and
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Maintain
and enhance client and public confidence
in
- the
integrity and competence of members
- the
fairness and efficiency of hearings
- the
justice of decisions rendered.
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The
Labour Relations Board is a quasi-judicial
administrative tribunal which has a number
of roles:
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administering
and enforcing Alberta labour relations
laws |
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making
judgements about the rights and liabilities
of the parties that appear before it |
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setting
Board policy and administrating the
legislation and Board procedures |
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educating
and communicating with the labour relations
community. |
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This
means Board members have a three part role:
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adjudicative |
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policy/administrative
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ambassador.
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The
members of the Board are experienced labour
relations practitioners. Members are appointed
because of their activity and expertise in
the field of labour relations. Members are
not appointed simply as representatives of,
or delegates from, particular interest groups.
While the advice of the various interest groups
in the labour relations community is customarily
sought in making an appointment, the appointment
is in part a reflection of the appointee's
overall credibility in the labour relations
field. No person or organization has any right
to recall or censure any member, or has a
right to any influence over the member's conduct
in respect of that member's Board related
activities. These guidelines are not intended
to negate an individual Board Member’s
perspective, union or employer.
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Adjudicator
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In
the role as adjudicator, the Board member
participates as a member of a panel, normally
comprised of a Chair, one management Board
member and one union Board member. Persons
who appear before the Board are entitled to
know that their rights will be decided fairly.
Where those rights depend on policy considerations,
as well as interpretations of fact and law,
parties are entitled to be confident that
the policy matters will be addressed fairly
and impartially, free of irrelevant and inappropriate
influences.
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Board
Policy/Administration Role
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The
Board exercises its policy role when sitting
in full caucus. Board members also participate
in committees, which recommend policy to the
caucus. In this policy discussion environment,
the Board member is free to bring to bear
any relevant considerations the member’s
experience may have to offer on a topic in
issue. It is vitally important that the Board
fully explore all the consequences of any
policy it may adopt.
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Ambassador
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The
Board member also acts as an ambassador for
the Board. Board members serve an important
role in explaining the Board's role to those
in the labour relations community. The members
help the rest of the Board, including those
who serve full-time and the Board staff, to
keep up to date with the concerns of those
who work in the field. In turn, the member
helps keep the parties informed about changes
in Board procedures and policies.
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Basic
Principles of Conduct
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PRINCIPLE
1
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A
Board Member shall act impartially and independently. |
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PRINCIPLE
2
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A
Board Member shall disclose all matters which
would create a reasonable apprehension of bias. |
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PRINCIPLE
3
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Board
Members shall preserve confidential information
obtained as a result of their appointment. |
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PRINCIPLE
4
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A
Board Member shall decline assignments to panels
with other members whom the Board Member has
appeared before as a witness, counsel, spokesperson
or instructing representative until the decision
in that case is released. |
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PRINCIPLE
5
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A
Board Member shall act with integrity. |
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PRINCIPLE
6
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Board
Members shall foster their expertise and professional
competence and knowledge in adjudication, relevant
law and hearing procedure. |
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PRINCIPLE
7
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A
Board Member shall treat all participants with
dignity, respect and fairness. |
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PRINCIPLE
8
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A
Board Member shall foster a collegial approach
in performing official duties and responsibilities. |
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PRINCIPLE
9
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Board
Members are encouraged to express and exchange
strongly held views in panel discussions on
an issue of substance, as they work towards
consensus in decision making, and in their discussions
in Caucus or committee meetings. |
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PRINCIPLE
10
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A
Board Member shall be active in Board affairs. |
