out the provisions that agreements are deemed to contain under sections 92 and 96;

Continuation of dispute settlement provisions 91 The provisions that were contained in an agreement pursuant to section 87(3)(b), (4)(e) or (5)(d) or the provisions of the regulations under section 92, as the case may be, apply to a difference arising between a board and an academic staff association during the period between the date of termination of an agreement and the date of entry into a new agreement as if the agreement had remained in effect. Model dispute settlement provisions 92 If an agreement concluded or renewed under section 87(1) does not contain provisions respecting the matters set out in section 87(3)(b), (4)(e) and (g), (5)(d) and (e) or (7), as the case may be, the agreement is deemed to contain the provisions set out in the regulations in respect of which the agreement is silent.

(2) No member of the academic staff is required to sign an agreement that has been entered into on the member’s behalf by the academic staff association.

Compulsory binding arbitration

87(1)

(3) A board shall, subject to any existing agreement, (a) determine the remuneration of academic staff members, (b) prescribe the duties of academic staff members, and (c) prescribe the term of employment and the terms and conditions of employment of academic staff members.

(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).

hall do one or both of the following: (i) designate categories of employees as academic staff members of the public college or technical institute; (ii) designate individual employees as academic staff members of the public college or technical institute,

(2)

under this Act;

(c)otherwise at the discretion of the Board after consultation with ULFA.

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