Canadian Labour Reporter

decades old, and now needs to be updated. This bill is a big step forward in that process and bal- ancing the right to strike with the need to maintain essential ser- vices are continued during any la- bour dispute." Gray added that employers and unions will have to determine which services should be consid- ered essential during a labour dis- pute and any disagreement would be determined by a third-party "umpire." Firefighters, police officers and some emergency workers will not have the right to strike, and Bill 4 does not include teachers or workers in education, who already have the right to strike in Alberta. Overall, about 150,000 work- ers will be affected, including Al- berta Health Services workers, all government employees and non- academic staff at post-secondary education institutions. Andy Sims, the labour lawyer who ran the government-led con- sultations last fall, said Bill 4 was designed to balance the right to free collective bargaining with the need to protect the public at large by maintaining some services during a dispute. "It is a levelling position for both sides. This is not new — it's new to us in Alberta, but it's been effective in other provinces and at the federal government, so I don't think you should discount the fact that both sides at the eleventh hour of a strike or lockout will re- ally have to think of the reality of it," Sims said. He explained that though this provides unions with more lever- age at the bargaining table, it also boosts the employer or govern- ment's position, as they will not be bound by third-party arbitration. For instance, the government can, in good faith, relate its economic realities to the union when it comes to contentious issues such as wages. Unions approved the bill's in- troduction, including the Alberta Union of Provincial Employees (AUPE), which represents almost 90,000 public sector workers in the province, including health care, government services and education. "We're pleased that the right to strike for front-line workers was secured by the courts," said Guy Smith, president of AUPE. "There has been a blanket prohibition on the right to strike so having this legislation that recognizes that right to strike is something we've been pushing for years." Smith called the legislation a fundamental shift that will level the playing field between em- ployer and employee — especially at the bargaining table, where a strike or similar job action can make for powerful leverage. "It's a historical day in terms of recognizing those rights," he said. "Then, obviously, the challenge moving forward — because this is brand new territory for unions and employer — is developing es- sential services agreements, and moving forward on how we utilize that right to strike legally. We've used the right illegally before, which is fun, but it's now much more of an established process that has to be followed." Breezy bargaining? Gray said the legislation will also ease negotiations, as a strike is often applied as a last resort, both parties will be eager to get a con- tract signed. "The legislation places greater responsibility for reaching settle- ments into the hands of employers and unions. In most cases, they won't have compulsory arbitra- tion to fall back on to settle dis- putes. So they will need to focus their efforts on achieving agree- ments together," Gray said. "In other words, collective bargain- ing will take on an even bigger role than it does now." Smith agreed. "Negotiations are always tough, especially in the public service," he said. "The history has been quite tumultuous and I would presume that, moving forward, now ev- eryone is very aware of what their rights are, we will be very respon- sible with those rights." Alberta's own While other provinces such as Saskatchewan and even the feder- al government have implemented essential services programs in re- cent years, the system in Alberta is tailored to fit that specific labour force. Smith said it was important for the legislation to reflect labour re- lations in the province. "It kind of puts a good focus on the bargaining table to get a deal in place, but we also recognize that the economic environment that we find ourselves in here in Alberta is very challenging at the bargaining table as well," he said. Bill 4 will be put to the test next year when contracts with a major chunk of the province's public sec- tor workers expire, including gov- ernment and health services. 7 Canadian HR Reporter, a Thomson Reuters business 2016 CANADIAN LABOUR REPORTER NEWS < Alberta pg. 1 Legislation expected to ease negotiations in Alberta Photo: Reuters Firefighters, police and some other emergency workers will not be given the right to strike under the new law in Alberta. "The challenge moving forward is developing essential services agreements and using that right to strike legally... it's now much more of an established process."

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