Prior to the introduction of this legislation, Insulanians could only access two types of leave: four (4) days of unpaid leave, plus one (1) day of paid leave or three (3) days of non-leave leave. In addition, these two types of leave were only available to workers with at least five years of seniority with their employer. The collective agreement provides a solid foundation for employer-worker relations. The parties will leave the negotiation process with understanding of the terms of the agreement and the expectations of the other party. With an overview of the industry in which the parties collectively participate, the parties themselves are in the best position to decide the terms of the agreement and what they are prepared to do to achieve it. The introduction of a first arbitration procedure in collective agreements discourages cooperation from developing constructive collective bargaining. Bill 43 – First Contract Arbitration Procedure A law amending the Labour Act came to first reading on June 25, 2020. The proposed amendments are important in that they introduce an initial contract arbitration procedure, i.e. disputes that arise before the signing of a first collective agreement.
The first contract arbitration procedure allows the parties, in the course of an unsuccessful negotiation, to ask the employment agency to lead the settlement of a first collective agreement. In the event that a dispute over the conclusion of a first collective agreement has not been resolved, the parties to the dispute may seek assistance in settling the terms of the first collective agreement.5 City of Charlottetown employees (firefighters, office, public medical personnel, public property, recreation) If a worker cannot work for any of the above reasons. they are required to inform their employer as much as possible of their intention to take emergency leave. If this is not possible and the worker must leave his employer before informing him, he is required to inform his employer as soon as possible after the start of the leave. City of Charlottetown (Waste Processing Plant) When an emergency is declared (as described in the legislation), it applies to a family member of the employee, 2 Bill 38 – emergency leave is now available for workers on Prince Edward Island who cannot work because of COVID-19. Legislation amending the Employment Standards Act (No. 3) was granted royal approval on June 18, 2020 and came into effect retroactively to March 16, 2020.