Red Tape Reduction Labour Relations Information for Albertans

Red tape reduction Labour Relations Information for Albertans

Objective The proposed Restoring Balance in Alberta’s Workplaces Act will support economic recovery, restore balance in the workplace and get Albertans back to work.

We are reducing red tape for businesses by ensuring processes are streamlined and not used in unnecessary circumstances.

Translation: The Restoring Balance in Alberta’s Workplaces Act will make it easier for bad employers to take advantage of workers who are desperate for work. We are creating more red tape for unions and making it more difficult for workers to unionize.

Proposed Changes

What is changing What it means What it REALLY means for workers Union finances are becoming Unions must provide financial Union members have more transparent. statements to their members, as soon always been able to get as possible after the end of every fiscal the financial statements from their unions. year. This makes it easier for members Changes like this are to see how unions are spending their often used to make it money. seem like unions are trying to hide their financials.

©2018 Government of Alberta | Published: July 2020 | First contract arbitration. Changes to the Code will ensure the This is an attempt to Board will only order first contract prevent first contractor arbitration if a certain threshold is met, arbitration which tends rendering first contract arbitration as to be successful and an option of last resort. gives workers more gains. Remedial certification. Legislation will specify when remedial This is another barrier to certification can be used, such as when prevent workers from no other remedy is sufficient to being able to unionize counteract the impacts of the when their employer employer’s misconduct and the true engages in illegal wishes of employees can’t be interference. determined.

Reverse onus rules. Use of reverse onus provisions will be If an employer tries to limited to the employer in cases of illegally prevent termination. Reverse onus will also workers from apply to unions in cases where they unionizing the union have used coercion or intimidation in will have to prove the organizing campaigns, or they have employer did this on breached provisions related to opt-in. purpose with this goal. The union also will have to prove it did not intimidate workers into supporting the union if they are accused of it by an employer. Basically, unions have to prove when they didn’t do things wrong and also have to prove when the employer did do things wrong. This creates more red tape for unions and workers.

©2018 Government of Alberta | Published: July 2020 | Early renewal of collective This will cut red tape for employers and Associations that are agreements. unions by allowing early renewal of employer-oriented, reject existing agreements, so long as basic union principles employees consent. and sacrifice the best interests of its members but call themselves unions, like CLAC, will be able to try to renew collective bargaining agreements with an employer to prevent an “open period” when workers could switch to an actual good union.

Consequences Unions can be refused certification if This puts more red for prohibited they conduct certain prohibited tape in place for practices practices which interferes with a workers looking to conducted by certification campaign. Unions wishing unionize and attempts union. to re-apply for certification will have to to lock unions out of wait six months instead of 90 days. certain worksites.

Union disciplinary powers. Workers will get greater job mobility. The government is Unions will be restricted from disciplining encouraging bad members who take a materially different employers to actively undermine union policies position with a different employer. that are voted on by union members.

Protection for nurse Nurse practitioners will now be Nurse practitioners will practitioners. allowed to organize and have protections under collectively bargain under the the labour relations and Labour Relations Code. employment standards codes!

The status of Existing collective agreements will Workers who select collective remain in force after a successful a new union will still agreements after union raid in the construction have to operate successful union industry. The new union will, in most under an old raids. cases, have to adapt to the terms of collective agreement. the existing agreement, unless they file an application with the Board to amend certain terms of the agreement because they cannot meet them.

The approval process for These changes will cut red tape for Shorter timelines for major projects. businesses working on major projects approval means less and get workers back on the job faster. opportunity for Albertans affected by The approval process for projects projects to raise applications will shift from Cabinet to concerns. Ministerial level, with a 120-day timeline for a response. Minister’s approval instead of Cabinet New provisions also allow for: means less oversight • Project owners to serve as and accountability for principal contractors for these decisions. negotiating major project agreements. • More than one project agreement per project. • Project owners to delegate authority for bargaining, in whole or part. • Inclusion of maintenance in major project designations, without the right to strike or lockout.Replacement of voluntary collective bargaining with arbitration to resolve disputes. • Renegotiation of major project agreements, with disputes to be settled by arbitration.

©2018 Government of Alberta | Published: July 2020 | The creation of all- This will cut red tape as industrial This whole change is employee bargaining units unions can certify an entire to help an association for construction and construction or maintenance workforce called the Christian maintenance work. with an employer under one Labour Association of application, and consolidation Canada (CLAC) get applications of existing bargaining units workers in areas will also be permitted if certain criteria they don’t currently is met. exist. CLAC calls itself a union but is employer- The Labour Relations Board will be able oriented, rejects basic to apply the build-up principle to account union principles and for if a larger workforce is expected in sacrifices the best the future. interests of its members. Employers are The all-employee application will increasingly favouring generally be for “all employees” but may CLAC in order to keep be for less than the full complement of their workplaces union- employees in certain circumstances. free, leaving employees These circumstances would include with little input into their employees that are not represented by a working conditions. union, or are represented by a different union. Also, if workers decide to vote against In circumstances where the unit applied CLAC they are not for has employees who are allowed to unionize with unrepresented, a representation vote will any other union. This take place with a positive vote resulting takes away workers' in their inclusion in the “all- employee” choice to pick their unit and a negative vote resulting in own unions. them being excluded from the unit. Employees represented by a different union will also be excluded from the “all- employee” unit.

©2018 Government of Alberta | Published: July 2020 | Rules for strikes, lockouts The law will change to require immediate The government wants to and picketing.. filing of the Board’s ruling of a strike, stop the constitutional right lockout or picketing at the request of to freedom of expression one of the parties. by limiting any picketing in Alberta. In the event of an illegal strike, union dues will be suspended, and in the event This creates more red tape of an illegal lockout, employers will be for workers and actually required to pay employees’ union dues. makes picketing illegal if a person is stopped for even The Board will have additional extra one second. criteria to determine whether picketing is lawful. Unions will need permission from the Labour Relations Board to picket somewhere other than their workplace.

Arbitrator powers. Arbitrators will no longer have the With no ability to extend power to provide relief from time limits time limits, arbitrators will under the Labour Relations Code. have to rush decisions Arbitrators will not be explicitly directed without all the evidence to make decisions in accordance with available. the Labour Relations Code and the Board powers. Theprinciples Board’s of abilityCanadian to dismiss labour These changes affect applicationsarbitration. without a hearing will which cases will actually expand with new reasons for abuse of get in front the board, process or filings without proper help create more barriers motive. and red tape for workers who want to unionize by The Board will have the power to giving more time for dismiss a duty of fair representation employer interference, application once the applicant has and the board will be rejected a reasonable settlement offer. forced to consider the economic impact of All certification and revocation worker action on timelines will be removed. The Board business costs when must complete an application within considering remedies. six months, other than in exceptional circumstances.

The revised preamble language in the Labour Relations Code encourages the effective and efficient resolution of matters to reduce costs and support economic recovery.

©2018 Government of Alberta | Published: July 2020 | Rules for review of decisions. The Board will have the power to decide The legislated standard of whether review of a grievance review leveled the playing arbitrator’s decision should be handled field between unions and by a single Chair or Vice-Chair without wealthy employers. Forcing the parties’ consent. The Board will also unions to go to court is have the power to order costs for expensive and time reviews of these decisions. consuming.

The legislated standard of review will be repealed, allowing for the courts to determine the standard of review the Board should use when reviewing arbitrators’ decisions. Board Emergency powers. The Board will be able to hear any While the Chair or a Vice- matter in an emergency by a single Chair can sit alone in any Chair or Vice-Chair without parties’ of these cases, panels are consent. often used. For contentious matters, the advantages of a full panel normally outweigh the efficiency of a single person deciding the case alone. Emergency regulatory Government will have enhanced The government will have powers. regulation-making authority to “enhanced” authority to retroactively continue any Ministerial make more red tape for Orders that were issued during the workers and their unions pandemic to deal with labour issues. and create more flexibility for employers on the backs of Alberta’s workers. Missing: Workers will need to opt-in to pay a portion of their union dues. This is the first step to right-to- work legislation that often results in no union or worker power, lower wages, and less occupational health and safety. It is purely designed to prevent unions from standing up for workers and advocating for good legislation like the workers’ compensation system and occupational health and safety. More information If you have questions or concerns about these changes, you can contact government. For questions relating to rules that involve Alberta’s labour relations legislation for unionized workplaces, you may contact the Employee Labour Relations Support program: https://www.alberta.ca/employee-labour-relations-support-program.aspx

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