Overview of Changes to the Post- secondary Labour Relations Model - - PowerPoint PPT Presentation

Overview of Changes to the Post- secondary Labour Relations Model

Advanced Education May 30, 2017

BACKGROUND & IMPLICATIONS

• On May 4, 2017, the Government of Alberta passed Bill

7: An Act to Enhance Post-secondary Academic Bargaining.

• History of the development of Bill 7:

– 2015 Supreme Court of Canada recognition of workers’ Charter-protected right to strike – Government commitment to modernize Alberta’s labour laws – Post-secondary labour relations review, with stakeholder consultation and advice from Mr. Andrew C.L. Sims, Q.C. to government

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Key Elements of the New Post- secondary Labour Relations Model

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• The Bargaining Process
• Essential Services
• The Status of Academic Staff Associations
• The Academic Designation Process
• Transition

Collective Bargaining Process for Academic Staff Members

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Academic staff members are under the strike-lockout collective bargaining model set out in the Labour Relations Code (LRC). Features of the LRC’s Collective Bargaining Model

• Collective bargaining impasses may be resolved through

strikes or lockouts

• Disputes may be referred to voluntary binding arbitration

if both parties agree

• Provides standardized bargaining procedures and
• versight of the Labour Relations Board
• A new division has been added to the LRC setting out

post-secondary specific provisions

Key Collective Bargaining Considerations:

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• Collective agreements established under the Post-

secondary Learning Act (PSLA) - carried over under LRC

• Interest arbitration provisions in collective

agreements established under the PSLA are not enforceable

• Government to work with institutions to establish

contingency plans addressing the potential negative impact of a work stoppage on learners

• Ensuring time or attention sensitive research is not

spoiled during a work stoppage is a common concern for institutions and academic staff members

– Other jurisdictions have addressed this outside of legislation

Essential Services Provisions

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The LRC’s essential services provisions (Division 15.1) apply to the post-secondary sector.

• Division 15.1 of the LRC defines public services as

essential if:

– their interruption would endanger the life, personal safety or health of the public, or – they are necessary to the maintenance and administration of the rule of law or public security.

• Prior to engaging in a work stoppage, parties must

negotiate and file an essential services agreement with the Essential Services Commissioner

– Institutions without essential services may apply for an exemption.

• Institutions with essential services agreements in place

may not employ replacement workers during a work stoppage

The Status of Academic Staff Associations

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Deemed certification of existing academic staff associations under the LRC with a transition period of five

• r more years:
• Academic staff associations remain statutory corporations

under the PSLA and deemed as the bargaining agent for their members under the LRC

• Decertification and certification of another bargaining

agent is prohibited during the transition period

• After the transition period, academic staff associations

remain the bargaining agent for academic staff members unless their members choose a different bargaining agent

• Only impacts academic staff associations in their role as a

bargaining agent; all other roles and responsibilities are unaffected.

The Academic Designation Process

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Enhanced consultation requirements and access to the Labour Relations Board:

• Board of governors must consult with any affected

bargaining agents prior to making designation decisions

• Ability to apply to Labour Relations Board if there is a

disagreement on a designation decision

• Professional academic staff members are not excluded

from bargaining unit membership

• Labour Relations Board has the authority to determine

whether an employee’s managerial duties conflict with their status as a member of the bargaining unit in the context of a collegial governance structure

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• Institutions already in arbitration prior to April 6, 2017 will

complete that round of bargaining prior to transitioning to the new model.

• Institutions not in arbitration by April 6, 2017 will bargain

under the new model

• Government will work with post-secondary institutions to

transition staff to a collective bargaining process

• Priority is to ensure minimal impact to students –

contingency plans will need to be developed

Timing of Transition to New Collective Bargaining Model