Amendments to Alberta’s Labour Relations Code

On June 9, 2008, Bill 26 received Royal Assent in Alberta. The bill, which will come into effect on proclamation, introduces three main changes to the Labour Relations Code:

1. Ambulance attendants are prohibited from striking and their employers are prohibited from locking them out. The parties must instead arbitrate their disputes.

2. Building Trade Unions are prohibited from contributing to Market Enhancement Recovery Funds (MERFs). MERFs are used by union contractors to subsidize employees’ pay, which reduces the employer’s payroll costs to the extent of the MERF subsidy and makes the union contractor’s bid more competitive than bids by non-union contractors. Current MERF funds are to be distributed by the union as set out in the trust agreement or collective agreement, or as directed by the regulations.

3. Bill 26 introduces changes to the certification process in the construction sector. New hires who have been employed for less than 30 days and employees who quit between the time of the application for certification and the secret ballot vote will no longer be eligible to participate in the certification vote. Additionally, employees will be entitled to revoke the certification within 90 days. These changes are intended to prevent “salting”, the union practice of sending employees to work at non-union construction sites in order to sway certification votes.