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New LRB Protocol Ends Bill 27 Challenge

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April 05, 2007

The Alberta Federation of Labour (AFL), Communications Energy and Paperworkers Union (CEP) and the United Nurses of Alberta (UNA) jointly announced April 3, 2007 that they are withdrawing their legal action against the Alberta Labour Relations Board (LRB) regarding the drafting of Bill 27 in 2003.

The announcement comes following an agreement between the parties and the LRB to create a protocol outlining the role of the LRB in creating legislation. The LRB released its "Guidelines for Consultation on Legislation", signed by the Chair and all Vice-Chairs early April 4th.

"With the new protocol the Alberta Labour Relations Board has created some of the best rules in the country for accountability, transparency and guarantees of neutrality," says AFL President Gil McGowan. "We are pleased with the outcome of this case."

The protocol guarantees that LRB officials will not participate in the drafting of legislation, and that any technical assistance provided to the government will be fully disclosed. Any LRB official who participates in briefing the government will disqualify themselves from any hearing related to the matter. In addition, the LRB will institute new, tougher rules governing outside counsel.

The lawsuit surrounds the issue of LRB officials assisting the government in the drafting of Bill 27, a bill that restructured health care labour relations and stripped health care
workers of many labour rights. The incident raised doubts about the independence and neutrality of the Board.

"We decided to get involved in this legal action two years ago because we were appalled at the lack of transparency shown by the Board. This is the Labour Board not the Star Chamber.” said Western Region Vice President Don MacNeil, “With this protocol there will be no more backroom deals. No more secret dealings with government.

The protocol brings to an end the ongoing legal dispute between the unions and the LRB.

The case was scheduled to go to the Court of Appeals this week.

"We may still have some of the worst labour laws in Canada, but this protocol makes it clear that the Board's only role will be to interpret those bad laws, not help write them," McGowan said..