UNA, other unions, reach agreement with AHS and Covenant Health to ensure fair treatment of employees impacted by Misericordia closing

United Nurses of Alberta and three other unions representing workers at the Misericordia Community Hospital (MCH) in Edmonton have reached agreement with Alberta Health Services and Covenant Health to ensure fair treatment of employees impacted by the closing of the facility after an outbreak of COVID-19 in July.

The agreement was signed by all parties and filed with the Alberta Labour Relations Board on Friday, August 14.

On July 8, the MCH was declared to be in full-facility outbreak due to continuing transmission of COVID-19 within the hospital.

All patient admissions ceased immediately, the Emergency Department was closed to Emergency Medical Services and walk-in patients, and day procedures and visits were postponed or moved to other facilities in the Edmonton area.

This impacted UNA members as well as workers represented by the Alberta Union of Provincial Employees, the Health Sciences Association of Alberta and the Canadian Union of Provincial Employees.

Covenant Health, which operates the facility, required fewer employees to staff the hospital. In addition, decisions by Covenant and AHS to limit locations at which employees could work in accordance with the Chief Medical Officer of Health’s Order 30-2020 impacted the ability of many employees employed at more than one site to work their regularly scheduled or casual shifts.

UNA filed an unfair labour practice complaint against both employers alleging they were conducting an illegal lockout and had unilaterally changed the terms and conditions of employment contrary to the union’s collective agreement and the Alberta Labour Relations Code. Other unions took similar actions.

A joint agreement of the four unions and two employers reached at a resolution conference on August 5 included the following points:

-    MCH will attempt to offer additional shifts at the facility to make up for lost regularly scheduled or cancelled casual shifts at other AHS or Covenant sites as a result of CMOH Order 30-2020. Making up lost shifts is employee driven, so employees will have to notify the employer to be given priority for making up lost shifts.

-    Where operationally feasible, when requested, Covenant Health will grant regular and temporary employees with unpaid leaves of absence, vacation or other time off from their MCH position additional hours at AHS or other Covenant sites.

-    AHS and the Employers shall make reasonable efforts to offer employees additional shifts at AHS and other Covenant sites to make up for the regularly scheduled shifts not being worked or cancelled casual shifts at MCH. Making up lost shifts is employee driven, so employees will have to notify the employer to be given priority for making up lost shifts.

-    Regular and temporary employees who cannot return to work at other facilities during the 14-day restricted period because of contact with infected individuals and who cannot work remotely will be provided a paid leave of absence for missed regularly scheduled shifts within the restricted period, and will not return to MCH until the outbreak is over.

-    Casual employees that had shifts cancelled by the employer between July 7 and July 14 resulting from decisions to manage the outbreak, shall be paid their basic rate of pay for those shifts.

-    Employees who tested positive for the coronavirus or were required to quarantine in accordance with CMOH Order 05-2020, are eligible for sick leave, long- or short-term disability, or Workers Compensation, as applicable. Waiting periods for STD or LTD shall be waived.

The agreement also contains provisions for the parties to meet and negotiate protocols for the return to work when the order is rescinded.

A full copy of the order can be read by following the link at right.