June 28th, 2019

Bill 9

Public Sector Wage Arbitration Deferral Act

Status:

Came Into Force

Writer:

Travis Toews

UCP

Introduction

 

This legislation implemented delays to negotiations with various unions and associations until October 31st, 2019 (the list of those unions affected is at the bottom of this description).

 

Definitions

 

This section includes a couple definitions, just to make reading this a little easier. If you see an asterisk (*), it means that the term is defined up here. Some of these definitions are not the official ones used in the legislation, they’re just used to make the reading less repetitive. If the definition cites a section of the legislation, it’s an official definition from the legislation.

 

“Term” - definition

 

Wage reopener provision - a provision in a collective agreement listed in this Act or designated by the regulations that provides for the determination by arbitration of wages, salaries, or pay grade adjustments. (Section 1)

 

Non-negotiation period - the time between the date that this Act comes into force and October 31st, 2019. 

 

Bill 9

 

Bill 9 opens with a preamble, containing six “whereas clauses” - this is essentially the government saying “We are operating based on these assumptions or beliefs” when creating the actual legislation.

 

The first clause states that the government is committed to providing high-quality front line services to Albertans.

 

The second clause states that the government is committed to balancing the budget by the 2022-2023 fiscal year.

 

The third clause states that public sector compensation is the largest government expenditure, and makes up more than half of the government’s operating expense.

 

The fourth clause states that significant changes have occurred in the Alberta economy since the 2018-2019 “Third Quarter Fiscal Update and Economic Statement”. 

 

The fifth clause states that the Blue Ribbon Panel on Alberta’s Finances will deliver a final report by August 15, 2019, and that time is required to gather other information on Alberta’s economy as well as the government’s financial state.

 

The sixth and final clause states that the government needs to gather and fully consider all information and advice prior to wage arbitration hearings under collective agreements for 2019-2020 that affect the government as an employer or funder.

 

Section 1 of this Act defines the term “wage reopener provision”*.

 

Section 2 focuses on the temporary suspension of wage reopener provisions*. 2(1) states that any arbitration processes provided for in a wage reopener provision are suspended beginning on the day that this Act comes into force and ending on October 31st, 2019 (the non-negotiation period*). 2(2) clarifies that no arbitration hearings will begin, continue, or end, and no arbitration decisions can be rendered during this period - it doesn’t stop parties to the agreements from giving notice of the desire to submit resolution resolution of the matter to arbitration, select an arbitration panel, or secure a date for holding an arbitration hearing that’s after the non-negotiation period* and within any deadlines imposed by Section 3. 2(3) states that parties to an arbitration hearing that was started under a wage reopener provision* that didn’t come to a decision before the non-negotiation period* must be given an opportunity to make further submissions to the arbitrator or arbitration panel within a reasonable time after the non-negotiation period* ends. 

 

Section 3 talks about the modification of wage reopener provisions* - more specifically, it’s basically re-defining the previous deadline dates from wage reopener provisions*. If there was a deadline for holding an arbitration hearing that landed within the non-negotiation period*, then this changes it. If your deadline was between June 30th, 2019 and October 1st, 2019, your new deadline is December 15th, 2019. If your deadline was between October 2nd, 2019 and November 30th, 2019, your new deadline is March 15th, 2020.

 

Section 4 is fairly basic, and just states that, if a provision of this Act or its regulations are inconsistent with or in conflict with a wage reopener provision, the provision of this Act or the regulations wins the conflict.

 

Section 5 covers regulations, stating that the Lieutenant Governor can make regulations designating a collective agreement for the purposes of section 1, defining any words or expressions that this Act uses but doesn’t define, and respecting any other matter that they consider necessary or advisable for carrying out the intent of this Act.

Schedule

 

The schedule is where the collective agreements that will be affected are listed. This will follow the following format:

 

Name of Union/Association:

  • Employer (Agreement Title)

    • Dates the Original Agreement Applies

 

Health Sciences Association of Alberta:

  • Alberta Health Services; Covenant Health; Lamont Health Care Centre; The Bethany Group (Camrose) (Collective Agreement between The Health Sciences Association of Alberta (Paramedical Professional and Technical Employees) and The Bethany Nursing Home of Camrose, AB and Lamont Health Care Centre and Alberta Health Services)

    • 04/01/2017 - 03/31/2020

United Nurses of Alberta:

  • Alberta Health Services (Collective Agreement between Alberta Health Services, Covenant Health, Lamont Health Care Centre and the Bethany Group (Camrose) and the United Nurses of Alberta)

    • 04/01/2017 - 03/31/2020

 

CUPE:

  • Calgary Board of Education (Calgary Board of Education Agreement between the Board of Trustees of the Calgary Board of Education and the Canadian Union of Public Employees Local 40)

    • 09/01/2017 - 08/31/2020

  • Fort McMurray Catholic Board of Education (Collective Agreement between the Fort McMurray Catholic School Board of Education and the Canadian Union of Public Employees Local 2559)

    • 09/01/2017 - 08/31/2020

 

Keyano College Faculty Association:

  • Keyano College (Collective Agreement between The Board of Governors of Keyano College and the Keyano College Faculty Association)

    • 07/01/2017 - 06/30/2020

 

SAIT Academic Faculty Association:

  • Southern Alberta Institute of Technology (SAIT) (Collective Agreement between Red Deer College and the Alberta Union of Provincial Employees Local 071, Chapter 014)

    • 07/01/2017 - 06/30/2020

 

Alberta Teachers’ Association:

  • Teachers’ Employer Bargaining Association (Central Agreement between the Alberta Teachers’ Association and the Teachers’ Employer Bargaining Association)

    • 07/01/2017 - 06/30/2020

 

Faculty Association of the University of Calgary:

  • University of Calgary (Collective Agreement between the Faculty of the University of Calgary and The Governors of the University of Calgary)

    • 07/01/2019 - 06/30/2020

 

Alberta Union of Provincial Employees:

  • Alberta College of Art and Design (Collective Agreement between The Board of Governors of the Alberta College of Art and Design and the Alberta Union of Provincial Employees Local 071/006)

    • 07/01/2017 - 06/30/2020

  • Alberta Health Services; Lamont Health Care Centre; Allen Gray Continuing Care Centre (Collective Agreement between Alberta Union of Provincial Employees (Auxiliary Nursing) and Alberta Health Services and Lamont Health Care Centre and Allen Gray Continuing Care Centre)

    • 04/01/2017 - 03/31/2020

  • Alberta Health Services (Collective Agreement Between Alberta Health Services and Alberta Union of Provincial Employees (General Support Services))

    • 04/01/2017 - 03/31/2020

  • Alberta Innovates (Collective Agreement between Alberta Innovates and The Alberta Union of Provincial Employees (Local 060))

    • 10/01/2017 - 09/30/2020

  • Athabasca University (Collective Agreement between The Governors of Athabasca University and the Alberta Union of Provincial Employees on behalf of Local 69)

    • 07/01/2017 - 06/30/2020

  • Government of the Province of Alberta (Master Agreement between the Government of the Province of Alberta and the Alberta Union of Provincial Employees)

    • 11/04/2018 - 03/31/2020

  • InnoTech Alberta (Collective Agreement between InnoTech Alberta and the Alberta Union of Provincial Employees (Local 060))

    • 10/01/2017 - 09/30/2020

  • Lakeland College (Collective Agreement between The Board of Governors of Lakeland College and the Alberta Union of Provincial Employees Representing Local 071, Chapter 004)

    • 07/01/2017 - 06/30/2020

  • Lethbridge College (Collective Agreement between The Board of Governors of Lethbridge College and the Alberta Union of Provincial Employees on behalf of Local 071/001)

    • 07/01/2017 - 06/30/2020

  • Northern Alberta Institute of Technology (NAIT) (Collective Agreement between the Board of Governors of the Northern Alberta Institute of Technology and the Alberta Union of Provincial Employees Local 038)

    • 07/01/2017 - 06/30/2020

  • Northern Lakes College (Collective Agreement between The Board of Governors of Northern Lakes College and the Alberta Union of Provincial Employees Local 071, Chapter 009)

    • 07/01/2017 - 06/30/2020

  • NorQuest College (Collective Agreement between Norquest College and the Alberta Union of Provincial Employees Local 071, Chapter 010)

    • 07/01/2017 - 06/30/2020

  • Olds College (Collective Agreement between The Board of Governors of Olds College and the Alberta Union of Provincial Employees Local 071, Chapter 002)

    • 07/01/2017 - 06/30/2020

  • Red Deer College (Collective Agreement between Red Deer College and the Alberta Union of Provincial Employees Local 071, Chapter 014)

    • 07/01/2017 - 06/30/2020

  • University of Lethbridge (Collective Agreement between The Governors of the University of Lethbridge and the Alberta Union of Provincial Employees on behalf of Local 053)

    • 07/01/2017 - 06/30/2020

Votes

Yes:

49 (First Reading);

31 (Second Reading);

33 (Comm. o.t. Whole);

29 (Third Reading)

No:

23 (First Reading);

8 (Second Reading);

11 (Comm. o.t. Whole);

9 (Third Reading)

Absent:

14 (First Reading);

47 (Second Reading);

42 (Comm. o.t. Whole);

48 (Third Reading)

Vote Breakdown