Achi news desk-
The union representing Alberta nurses has filed a labor practice complaint against Alberta Health Services (AHS), alleging the transfer of 3,200 nurses to a new provincial dependency agency is being done without regard to their contract rights.
The United Nurses of Alberta (UNA) filed the grievance with the Labor Relations Board this week, stating that its employer “failed to negotiate in good faith,” as required by Section 60(3) of the Relations Code Alberta Labor.
UNA’s complaint stems from plans for AHS to transfer about 3,200 members — about 10 percent of the union’s membership — to a new employer called Recovery Alberta.
“The provincial government has stated that the plan for Recovery Alberta was done in collaboration with AHS and frontline workers, yet no consultation or information was shared with UNA and no bargaining took place with UNA regarding the transition, ” the complaint said.
“The ‘transfer’ was announced publicly on April 2, 2024, at the same time as it was announced to UNA.”
The union’s complaint adds that AHS “interfered with UNA’s representation” of its members by notifying AHS employees directly of the transfer before discussing how the transfer would proceed with the union.
“This undermines the union’s role as an exclusive bargaining agent in relation to its members, and impairs the union’s ability to represent their members effectively,” the complaint states.
David Harrigan, UNA’s director of labor relations states that his team’s understanding was that Recovery Alberta would be a new organization governed by the province and not that it would be considered a brand new employer separate from AHS.
“Without any kind of warning there was just this public news conference,” Harrigan said.
“We have a letter of understanding in our collective agreement that says if services are transferred to a new employer, the affected nurses have options. They can go to the new employer if they want, or they can say I don’t want to go to the new employer, I want to stay at AHS and they can exercise their rights to stay, but the government doesn’t say that. “
Harrigan calls the situation “extremely frustrating” and a clear ignorance of a collective agreement that has been in place for over 20 years.
“I mean, it’s been used a number of times over the last 20 years so certainly AHS must have been aware of it and a decision must have been made to ignore it,” he said.
“That doesn’t set the tone at all, especially to start a new organization in a way that causes conflict and complaints to the labor board.”
As a result, UNA is calling on AHS to stop communicating directly with employees regarding their transfer to Recovery Alberta and instead bargain in good faith.
AHS commits to ‘sincere’ discussions
CTV News requested comment from Alberta Health Services regarding UNA’s labor practice complaint.
“AHS will work through the established process with the Alberta Labor Relations Board (ALRB) to address UNA’s grievance in order to ensure a productive path forward. We respect the bargaining process and are committed to continuing to bargain in good faith,” read an emailed statement.
“Every frontline worker, regardless of which union they are a member of, is a valuable member of the healthcare system.
“The Recovery Alberta announcement provides a path forward for refocusing the health care system while ensuring we have the next three months to consult with employees and unions and support a successful transition before one staff member moves to the new provincial health agency .”
UNA also requests the following remedies in the interim:
- A statement that the employer has breached the code;
- Order AHS to cease and desist from breaching the code;
- An order directing the employer to bargain in good faith;
- An order directing AHS to cease direct communication with employees regarding their transfer to Recovery Alberta;
- An order providing general damages to the union and its members as a result of the employer’s interference with the union’s representative rights and the members’ right to be represented;
- An order that the employer post notices to employees stating the board’s orders on the matter;
- Any of the above remedies on an interim basis; a
- Any other order or direction that is appropriate in the circumstances.
Alberta’s Minister of Mental Health and Addictions, Dan Williams is scheduled to address the media on Tuesday to introduce legislation that promotes best practices and excellence in mental health and addictions.
CTV News has requested comment from Williams.
