(2) The board of a public post-secondary institution other than Banff Centre may, after consultation with the academic staff association of the public post-secondary institution, do one or more of the following: (a) designate categories of employees as academic staff members of the public post-secondary institution; (b) designate individual employees as academic staff members of the public post-secondary institution; (c) change a designation made under clause (a) or (b) or under section 5(2) or 42(2).

(2)

A party to an agreement affected by this section may apply to the Board for a determination respecting the application of this section, and the Board’s decision is final and binding

For greater certainty, nothing in this section prevents the parties from referring matters in dispute to voluntary arbitration under section 93.

An agreement under section 87 or 96 of the Post-secondary Learning Act that operates for an unspecified term is deemed, despite section 129 of this Act, to provide for its operation for a term of 3 years beginning on the date the Bill to enact An Act to Enhance Post-secondary Academic Bargaining receives Royal Assent or for a shorter period agreed on by the parties.

Effective on the day on which the Bill to enact An Act to Enhance Post-secondary Academic Bargaining receives first reading, a provision in an agreement under section 87 or 96 of the Post-secondary Learning Act that requires disputes that arise during the negotiation of a future agreement to be resolved by binding arbitration is unenforceable.

A person or bargaining agent affected by a designation or change in designation made under section 5(2), 42(2) or 60(2) of the Post-secondary Learning Act, or a failure to designate, may apply to the Labour Relations Board to decide whether a category of employees or individual employees are academic staff members.

This section applies whether a designation or change in designation or a failure to designate by the board of governors occurred before or after the coming into force of this section

(2) The academic staff association of a public post-secondary institution is deemed to be a trade union for the purposes of acting as bargaining agent for the public post-secondary institution’s academic staff members.

Application