If they are not able to reach agreement within this 30 day period, the Board will direct settlement by arbitration and an arbitrator will be appointed. And it's not just about Lakeside. It is time to build these provisions into the labor law bill before Congress and debate them on their merits and track record. If that's the goal then the record from provinces that have first contract arbitration speaks for itself. Government's role is to ensure that the parties play by the rules, not to determine the content of the deal.
More than 60% of Albertans support some form of first contract arbitration. Treinen was a first-time All-Star last year, going 9-2 with a 0. The Board will then decide whether there has been conduct by one of the parties that has led to unsuccessful bargaining and only if such improper conduct is found will there be first contract arbitration. Over the past few years there have been other nasty first contract disputes that also could have been avoided. Then comes the contract bar. And in states that do not have a right-to-work law, the arbitrator's ruling is almost guaranteed to have a forced-dues provision, because forced dues are relatively common in collective bargaining agreements, and arbitrators are likely to follow this widespread precedent. The same rule applies if workers want to bring in another union.
They stood up to one of the U. If the Board orders that the parties return to conciliation, they will have an additional 30 days within which to reach an agreement. Unless they have already agreed on an arbitrator, the function sends the matter to CodeLegit which acts as an administrator, managing the paper work and potentially proposing arbitrators. It's been tested and proven in other provinces. Clearly something needs to change.
Based on the Ontario experience thus far, in at least some cases the remedy has effectively countered employer reluctance to recognize the union. Why Introduce First Contract Arbitration to Nova Scotia Workplaces? First contract arbitration would allow us to avoid this kind of bitterness and conflict. Kingston, Ontario: Industrial Relations Centre, Queen's University. We're here today largely because of a strike that captured public attention not only here in Alberta, but across the country. As many of you will now know, the Nova Scotia Government introduced legislation on Friday, December 6, 2013, amending provisions of the Nova Scotia Trade Union Act dealing with First Contract Arbitration. . And just last Thursday I met with Human Resources Minister Mike Cardinal and he gave me his personal commitment that public hearings will be held on the issue.
Most importantly, it would ensure an agreement will be achieved, something that has been out of reach under the current failed law for more than 40 percent of employee groups that vote for representation. Visit your page to make your selections. Some of these forces - most notably the Edmonton Police Service - already have thoughtful labour policies in place. The harsh reality of first contract arbitration is that unions are able to say that if the union is certified, that there will not be a strike or lockout and that the employees will get a collective agreement. It's a campaign that's supported by most of the major unions in the province including, to name just a few: the United Food and Commercial Workers, who represent the workers at Lakeside; the United Nurses of Alberta; the Health Sciences Association of Alberta; the Canadian Autoworkers; the Communication Energy Paperworkers union; the Canadian Union of Public Employees, the Alberta Teachers Association and the Alberta Building Trades. Given the lessons that we've learned from Lakeside, we think the time has come to fix about Alberta's broken labour law. Bill 19 has passed First Reading, and is scheduled for Second Reading on December 9.
If one of the parties requests the Board determine the matter, the hearing must commence within twenty-one days of the request. As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Describing the process, if the smart contract has any bugs or if there is any breach of the contract, either party can pause it by calling function pauseAndSendToArbitrator. So there is no factual basis for claims of critics that arbitrators will either inflate labor costs or impose decisions that are harmful to employers or workers. Card check leaves workers vulnerable to deception and intimidation at the hands of union organizers and is likely to result in unions being installed in workplaces where they do not have the true support of a majority of workers.
The time has come to bring first contract arbitration to Alberta. The employer requested a no board report in June, ignoring a request by the union to continue bargaining. It is too early to know if the imposition of a collective agreement encourages long-lasting relationships, but this also represents a very small proportion of first contract cases. Like the right to go to the bathroom when you need to. The only reason first contract arbitration is even the table right now is because Lakeside was on the front page almost constantly for more than a month. Many negotiations start down the path toward first contract arbitration, but the parties almost always eventually agree to settle their differences on their own terms Johnson 2008. Unlike last best offer or baseball arbitration where one side would win all at the expense of the other, on an issue or whole contract, this approach would seek to find the agreement the parties should have reached had they bargained to finality.
Experience, reinforced by evidence from econometric studies, demonstrates that the results of this type of arbitration system mirror negotiated settlements in comparable bargaining units in an industry and occupation. I think we can all agree that the goal in labour relations should be to settle disputes and reach fair agreements without recourse to nasty strikes. The foregoing is intended for general information only. This client update sets out the changes and the impact that they will have on Nova Scotia employers. Our thoughts are with you today. The Minister has in his hands the settlement suggested by impartial Disputes Inquiry Board Chair John Moreau.
What Does This Mean for Free Collective Bargaining? Unions continue to face difficulties in obtaining first agreements, due largely to the conduct of employers. Alberta is one of only three provinces without the provision. Previously, bad faith bargaining complaints have been raised against such employers, but the detection criteria and remedial response used by the Board have been inadequate in dealing with first contract situations. The government needs to intervene to protect the democratic rights of these workers. If the parties do not wish to have an arbitrator appointed, they can request that the Board settle the matter.