+ RMA Rural Municipalities
of Alberta

Resolution 5-02S

AUPE Successorship Rights Issue

January 1, 2002
Expiry Date:
March 31, 2005
Active Status:
Vote Results:

WHEREAS numerous Improvement Districts were incorporated in the early-mid 1990s by order of the Government of Alberta;AND WHEREAS in spite of numerous ministerial assurances to the contrary, transitional language in the previous Municipal Government Act proved inadequate to save the new municipalities harmless from continuing provincial obligations; AND WHEREAS although these recently incorporated municipalities have followed transitional instructions from the Department of Municipal Affairs to the letter, they have still been exposed to substantial negative financial implications;AND WHEREAS these municipalities have incurred considerable costs to date in (thus far) unsuccessful efforts to resolve this issue; AND WHEREAS prior promises from the Department of Municipal Affairs to resolve the issue and to cover all municipal costs stemming from this oversight have yet to be honoured.

Operative Clause:

THEREFORE BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties urge the Government of Alberta to resolve the “AUPE Successorship Rights Issue speedily, and at no cost to the affected municipalities.

Member Background:

January 1/95 Four northern I.D.s became M.D.s Employees were laid off and rehired as M.D. employees AUPE raises issue of Successor RightsJanuary 96 Labour Board ruled that AUPE had successor rights from Jan/95 Oct 16/95, as Council was still officially appointed by the MinisterFebruary 96 Birch Hills County, Saddle Hills County, M.D. 21 & M.D. 23 requested a judicial review of the Labour Board decision.August 98 Court directs the case back to the Labour Board for a rehearing.January 99 Labour Board appeals this decisionJanuary 02 Court of Appeal rules in favour of the Labour BoardMarch 02 Municipalities file an application to the Supreme CourtOctober 02 Supreme Court declines to hear the appeal Estimated expense to the four municipalities: $1,244,754 Plus $40,000 each for legal fees Big Lakes, Yellowhead, Woodlands, Greenview and East Peace face similar applications by AUPE pending the outcome of this case

RMA Background:

The AAMDC has no resolutions currently in effect with respect to this issue, and has not previously addressed the issue of union successor rights in any formal manner.

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