Joint Submission of Essential Services Agreement for Filing

JOINT SUBMISSION OF ESSENTIAL SERVICES AGREEMENT FOR FILING

APPLICABLE SECTIONS:
95.44 OF THE CODE; BOARD RULES OF PROCEDURE, RULE 45
• Form ES-03 (April 2017). Please type or print clearly. Attach extra pages where necessary.
• Parties must jointly file this form when submitting an essential services agreement for filing.
• This form must be jointly filed whether or not a party agrees or disagrees with the terms of the agreement being submitted and whether or not a party will be reviewing an award of an umpire pursuant to section 95.42(7).
• Each party must complete the relevant Declaration portion of this form, and supply all documentation required.
• The parties must submit this form within 10 days of the settlement of the terms of the essential services agreement (Rule 45(2))
• Submission of an essential services agreement for filing has no effect until the agreement is accepted for filing by the Commissioner. The parties will receive formal notice from the Commissioner when an agreement is accepted for filing.
• For further information refer to Information Bulletin 24 or call the Labour Relations Board at (780) 422-5926 (Edmonton) or (403) 297-4334 (Calgary).
• Any personal information provided herein is collected under the authority of section 33(c) of the Freedom of Information
and Protection of Privacy Act (“FOIP”), for the purpose of processing your application to the Labour Relations Board. Any further personal information received in written or oral submissions will be collected under that authority. The collection, use and disclosure of this information is managed pursuant to FOIP. Any information provided to the Board that is relevant to the application must in the normal course be provided to all affected parties to the application, so all parties know the case to be heard and have an opportunity to respond. Questions about the collection or use of personal information can be posed to the Board Officer appointed to your file, or the Board’s FOIP Coordinator at 501, 10808 99 Avenue, Edmonton, AB, T5K 0G5, or (780) 422-5926.
UNION INFORMATION
Legal Name of Union:
Mailing Address:
Postal Code:
Name of Contact Person:
Address (if different from above):
Postal Code: / Telephone Number:
Fax Number:
Telephone Number:
Fax Number:
EMPLOYER INFORMATION
Legal Name of Employer:
Mailing Address:
Postal Code:
Name of Contact Person:
Mailing Address (if different from above):
Postal Code / Telephone Number:
Fax Number:
Telephone Number:
Fax Number:

BARGAINING RELATIONSHIP

What is the bargaining relationship between the parties?
(check one)
PSERA bargaining units:
Government of Alberta and its employees ______
Non-academic staff of public post-secondary ______
Agencies/Boards/Commissions/Crown Corporation ______
(provide bargaining unit description below):
______
______
Certificate Number: ______
(if applicable) / Code bargaining units:
Regional Health Authority:
Direct nursing care or nursing instruction______
Auxiliary nursing care______
Paramedical professional or technical services _____
General support services______
Approved Hospital:
Direct nursing care or nursing instruction______
Auxiliary nursing care______
Paramedical professional or technical services _____
General support services______
Other unit description______
(detail below):
______
______

COLLECTIVE BARGAINING INFORMATION

When did/does the current collective agreement expire?
Has notice to commence collective bargaining been served? When and by whom?

ESSENTIAL SERVICES AGREEMENT BARGAINING INFORMATION

When was notice to commence bargaining an essential services agreement served? By whom?
How were the terms of the essential services agreement being filed settled? (choose one)
Between the parties ______
By an Umpire ______
By the Commissioner ______
On what date were the terms of the essential services agreement settled? ______
Attach a copy of the essential services agreement being submitted for filing to the back of the application as Appendix “A”
If the terms of the essential services agreement were settled by an Umpire, and the Umpire provided a written award or reasons beyond the terms of the essential services agreement, attach a copy to the back of the application as Appendix “B”.

ESSENTIAL SERVICES AGREEMENT CHECKLIST

For ease of reference, identify the articles of the essential services agreement being submitted for filing containing the following mandatory contents. If space is insufficient, please attach additional pages as Appendix “C” identifying the articles below.
Provisions identifying the essential services to be maintained by employees in the bargaining unit during a strike or lockout:
______
Provisions setting the classifications, and the number of positions in each classification, required to perform those essential services:
______
Provisions setting out the method by which employees capable of performing the essential services will be assigned to perform those services during a strike or lockout:
______
Provisions setting out procedures to be followed in responding to emergencies or foreseeable changes to necessary essential services:
______
If applicable, provisions setting out any permissible changes to the terms and conditions of employment which will apply to designated essential services workers during a strike or lockout:
______(or check: None _____ )
Provisions identifying sufficient umpires to be available for the resolution of disputes concerning the interpretation or application of the essential services agreement:
______
Provisions identifying the process for parties to notify the other of a dispute and how parties are to apply to a dispute umpire:
______

ATTACH THE DECLARATIONS SWORN BY EACH PARTY FOLLOWING THIS PAGE:

UNION’S DECLARATION

EMPLOYER’S DECLARATION

Will the essential services agreement being submitted for filing ensure essential services will be maintained during a strike or lockout?
YES ______NO ______
Will the provision of essential services required by the essential services agreement being submitted for filing substantially interfere with meaningful collective bargaining?
YES ______NO ______
I declare the above to be true:
Signature:______
Printed Name: ______
Position with Employer: ______
Date of Signing: ______
Where there is a disagreement between the parties in their declarations, the Commissioner must reach a decision under section 95.44(4) whether the agreement submitted will be accepted for filing. Parties are not required, and shall not, attach copies of their submissions concerning those issues with this filing. The parties will be contacted concerning the process and deadlines for any further submissions on these points. The only material to be filed with this form shall be the appendices listed below.
Once accepted for filing, essential services agreements are generally made available to the public upon request, without the filing of a formal request under the Freedom of Information and Protection of Privacy Act (“FOIP”) and without notice to the parties to the agreement. Where a party is concerned that any part of the essential services agreement may contain information which, if disclosed, could reasonably be expected to threaten public health, public safety or law enforcement, or the party has other concerns about disclosure pursuant to FOIP, any such concerns must be outlined by letter attached to this application. If the Commissioner agrees, the parties will be permitted to provide a redacted version of the agreement, blacking out the information which is inappropriate to be disclosed, and this will be the version generally available to the public upon request.
Checklist for submission (check or indicate “n/a”):
Appendix “A” (must be attached) – Essential Services Agreement ______
Appendix “B” (if applicable) – Umpire’s Award ______
Appendix “C” (if necessary) – Additional pages re: necessary contents of Agreement ______
FOR BOARD USE ONLY:
Board File Number: ______
______
Checked by Received by Input by / UNION
Signature:______
Printed Name: ______
Position with Union: ______
Date of Signing: ______
EMPLOYER
Signature:______
Printed Name: ______
Position with Employer______
Date of Signing: ______
Complete and deliver to:
Labour Relations BoardLabour Relations Board
#501, 10808 – 99 Avenue #308, 1212 31 Avenue, N.E.
Edmonton, AB T5K 0G5 Calgary, AB T2E 7S8
Fax: (780) 422-0970Fax: (403) 297-5884

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