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Transparency, Integrity at Labour Relations Board

UPDATE!! LRB Agrees to New Protocol [April 2007]

In April 2007, the LRB agreed to adopt a new protocol governing interactions between LRB officials and the Alberta government. The protocol adopts all the principles of the Sossin Report, and sets up one of the strongest accountability and transparency regimes in the country.

As a result, UNA, CEP and the AFL have announced that they are withdrawing their legal action against the LRB.

AFL Media Release on the Protocol, April 3, 2007

New LRB Protocol

Involvement of Key LRB Officials in drafting anti-worker legislation raise questions about Board impartiality

In 2003, Bill 27 was passed in 2003 to amalgamate bargaining units in the health sector. Its effect was to rip up dozens of collective agreements, force bitter run-off votes, and remove the right to strike for mental and community health workers. It was widely viewed as an anti-worker piece of legislation.

In late 2005, documents came to light demonstrating that key Labour Relations Board (LRB) officials were actively involved in the drafting of Bill 27. This participation was a serious breach of their role as the independent "court" for labour relations. The documents are linked below.

Report Identifies Need for Better Accountability

In June 2006, the AFL released a report it commissioned from the Associate Dean of Law at the University of Toronto examining the role of the LRB in the affair. Read the report here.

The report finds a number of areas where the LRB failed in its duty to protect the integrity and transparency of the tribunal, placing at risk its relations with stakeholders. The report also finds that other jurisdictions hold their LRBs to a higher standard than Alberta does.

It makes three recommendations for how to prevent the identified shortcomings in the future, including instituting a protocol for LRB officials.

Why This is Important

The LRB was charged with interpreting and implementing Bill 27, and in doing so made key decisions affecting thousands of workers in Alberta.

By particpating in the legislation's drafting, the LRB compromised itself. It cannot legitimately act as both drafter of legislation and then act as that law's judge and executioner. If that happened in the courts, no one would expect a fair trial.

The AFL and its affiliates continue to pursue this matter, through the courts, FOIP applications and political pressure. We want changes to the operation of the LRB to ensure the integrity and impartiality of the tribunal is protected.

Documents

Below are all the documents related to this situation, including the released documents, the Statement of Claim against the AFL, and various letters.

Original Released Bill 27 Documents

Background information on Bill 27 and the documents

Original Letter to AFL denying access to Bill 27 documents

Privacy Commissioner Statement of Claim (Dec. 1/05) against AFL

December 1 letter from LRB Chair to AFL

December 2 reply from AFL to LRB Chair

Open Letter from Labour Leaders to Premier Ralph Klein

Gil McGowan Speaking Notes, All-Union meeting, December 2

AFL News Release "LRB Biased and Compromised" (November 30)

AFL News Release "Correcting Clint" (December 1)

AFL News Release "AFL Goes to Court to Defend Right to Documents" (December 2)

AFL New Release "The Mystery of the Missing Lawyer" (December 21)

FOIP Documents Regarding "The Mystery of the Missing Lawyer" Release

"The Independent Board & the Legislative Process" by Dr. Lorne Sossin, Report Commissioned by AFL, June 2006

Summary of Sossin Report, June 2006

Background information for Sossin Report, June 2006

Gil McGowan Speaking Notes, Release of Sossin Report, June 22, 2006

Letter to LRB Chair Mark Asbell regarding Sossin Report, June 22, 2006



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