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[Prepared for convenience by the Office of Legislative Counsel]
Assented to April 2, 2000
Part 2 — Framework for Support Staff Collective Bargaining
9 In this Part:
"commissioner" means the person appointed under section 10 as the commissioner;
"employers' association" means the employers' association established for school boards under section 6 of the Public Sector Employers Act;
"support staff collective bargaining" means collective bargaining by the employers' association, school boards and support staff unions;
"support staff union" means a trade union that represents employees of the employer, other than teachers.
10 (1) The Minister of Labour may appoint a commissioner to do the following:
(a) inquire into the structures, practices and procedures for support staff collective bargaining;
(b) make recommendations, after taking into consideration the factors mentioned in subsection (2), with a view to improving those structures, practices and procedures;
(c) report the recommendations to the Minister of Labour within the time set by that minister.
(2) The commissioner may consider the following:
(a) the public interest in stable industrial relations in the public school system and in a bargaining environment that reduces the potential for disruptions in education;
(b) the need for effective structures, practices and procedures for support staff collective bargaining and the views of the employers' association, the school boards and support staff unions on how to achieve this;
(c) the role, responsibility and effectiveness of the employers' association in support staff collective bargaining, including any matter concerning the constitution, bylaws, rules, policies or procedures of the employers' association;
(d) the role, responsibility and effectiveness of support staff unions in support staff collective bargaining;
(e) the history and pattern of union representation of support staff employees of school boards;
(f) any other factor that the commissioner considers relevant or that the Minister of Labour may direct.
(3) The recommendations under subsection (1) may include, without limitation, recommendations respecting any or all of the following:
(a) the establishment of associations or other organizations consisting of all or some of the support staff unions and the functions of those associations or organizations, including the extent of their bargaining authority;
(b) the establishment of two-tiered bargaining structures and the designation of bargaining matters for the purposes of those structures;
(c) the establishment and content of articles of association for any association or other organization of support staff unions;
(d) the conferral of jurisdiction on the Labour Relations Board in relation to any matter arising from the commissioner's recommendations.
(4) The commissioner must make recommendations to the Minister of Labour respecting implementation of the recommendations made under subsection (1), including, but not limited to,
(a) any changes to the constitution, bylaws or rules of the employers' association necessary to implement the recommendations under subsection (1), and
(b) any limitations the commissioner considers necessary as to the period during which any change to the structures, practices and procedures for support staff collective bargaining should remain in effect or be reviewed.
(5) The commissioner may not recommend the expiry or extinguishment of a collective agreement before the expiry date set out in the collective agreement.
(6) For the purposes of an inquiry under this section, the commissioner has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(7) The commissioner may be paid remuneration and expenses set by the Minister of Labour.
11 (1) If the Minister of Labour accepts all of the recommendations made under section 10, the Lieutenant Governor in Council may make regulations to give effect to those recommendations.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) respecting the structure, role and responsibilities of the employers' association in support staff collective bargaining,
(b) establishing, or providing for the establishment of, one or more associations or other organizations of support staff unions for collective bargaining with the employers' association,
(c) defining for the purposes of any provision of the Labour Relations Code whether an association or other organization of support staff unions established in accordance with a regulation under this section is a trade union, a council of trade unions, a person or a party,
(d) defining the functions of an association or other organization of support staff unions established in accordance with a regulation under this section, including the extent of its bargaining authority despite the authority of a member support staff union under section 27 (1) (a) of the Labour Relations Code,
(e) establishing, or providing for the establishment of, the articles of association for any association or other organization of support staff unions,
(f) amending, with the approval of the Minister of Finance and Corporate Relations, the constitution, bylaws or rules of the employers' association to facilitate bargaining with one or more associations or other organizations of support staff unions,
(g) conferring jurisdiction on the Labour Relations Board in relation to any matter arising from the commissioner's recommendations and specifying the provisions of the Labour Relations Code that apply in relation to that matter, and
(h) governing any transitional difficulties encountered in giving effect to the recommendations made by the commissioner under section 10 of this Act.
(3) If the constitution, bylaws or rules of an employers' association are amended under subsection (2) (f) of this section, the amended provisions
(a) apply to the employers' association as if they were established and approved under section 7 of the Public Sector Employers Act, and
(b) subject to section 7 (4) of that Act, may be further amended, or may be repealed and replaced, by the employers' association.
12 (1) The Labour Relations Code and the regulations made under it apply in respect of a matter to which this Act or the regulations made under it apply, but if there is a conflict or an inconsistency between
(a) this Act or the regulations made under this Act, and
(b) the Labour Relations Code or the regulations made under it,
this Act or the regulations made under this Act, as the case may be, applies.
(2) The Labour Relations Board has exclusive jurisdiction to decide
(a) a question arising under this Act, including any question of a conflict or an inconsistency referred to in subsection (1), and
(b) unless otherwise provided in the regulations, a question arising under a regulation made under this Act.
[Schedule repealed 2000-2-13.]
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