Statement: UNA believes Licensed Practical Nurses provide direct nursing care

United Nurses of Alberta believes Licensed Practical Nurses provide direct nursing care.

A group of LPNs employed in public health care facilities has applied to the Alberta Labour Relations Board (ALRB) to reassign them to the province’s Direct Nursing Care Bargaining Unit to properly reflect the work they do.

While UNA was not involved in this application, some unions currently representing LPNs in the Auxiliary Nursing Care Bargaining Unit have accused UNA of “raiding” – or trying to persuade their members to leave their union and join UNA.

This is untrue. However, at the request of the ALRB, UNA submitted a letter stating that we agree with the applicants that LPNs are members of a regulated profession, clearly provide direct nursing care, and are not merely nurses’ auxiliaries or nurses’ helpers.

This reflects UNA’s longstanding publicly stated opinion about the role of LPNs – that they are nurses providing front-line direct nursing care.

Background: UNA’s response to questions about LPNs’ request to be reclassified as members of the Direct Nursing Care Bargaining Unit

While LPNs are members of a regulated profession and provide direct nursing care, for 46 years they have normally been assigned to the Auxiliary Nursing Care Bargaining Unit, which also includes many unregulated health care workers.

More than 10 years ago, UNA made a number of “applications for determination” to the ALRB to have certain LPNs placed in the Direct Nursing Care Bargaining Unit. Each application was summarily dismissed by the ALRB.

The ALRB informed UNA at the time that this change could not be made through an application for determination but needed to be made through a “reference of a difference,” a legal term defined in the FAQ below. UNA did not pursue the matter.

More recently, a group of LPNs called LPNs for Change was created. LPNs for Change emailed UNA in the spring of 2020 and UNA responded to advise them they needed to work with their own unions, which for most was the Alberta Union of Provincial Employees (AUPE), but also included the Canadian Union of Public Employees (CUPE) and the United Steelworkers (USW).

In December 2022, LPNs for Change posted on social media that they had spoken to the assistant to the Minister of Labour and been advised that all they needed to do was make an application for determination. UNA Director of Labour Relations David Harrigan advised the group it would not be that easy. He pointed out the ALRB’s past position regarding applications for determination.

In April 2023, five LPNs associated with LPNs for Change applied to the ALRB for a reference of a difference, which if granted would result in them being reclassified to become part of the Direct Nursing Bargaining Unit along with Registered Nurses and Registered Psychiatric Nurses represented by United Nurses of Alberta.

As a result of this application, with which UNA was not involved, a number of unions representing LPNs in the Auxiliary Nursing Care Bargaining Unit have filed arguments with the ALRB seeking to have the LPNs’ application summarily dismissed.

UNA has not made any application in this matter.

However, the ALRB requested all stakeholders send their views. AUPE, CUPE, and USW were all opposed. UNA said we believe LPNs are performing direct nursing care. The largest employers, Alberta Health Services and Covenant Health, remained neutral.

In addition to the matters before the ALRB, CUPE has sent a letter to the Canadian Labour Congress asking that UNA be sanctioned for “raiding,” because it responded to a request from the ALRB seeking its position on this question, which has always been that LPNs belong in the Direct Nursing Care Bargaining Unit. At no time has UNA attempted to raid any of the unions representing LPNs in Alberta.

UNA hopes that the answers to the Frequently Asked Questions below will provide clarity to members and their co-workers about what is happening.

FREQUENTLY ASKED QUESTIONS (FAQ)

Why are Registered Nurses and Licensed Practical Nurses in different bargaining units?

In Alberta, by government Regulation, there are five set bargaining units in health care: General Support Services; Auxiliary Nursing Care; Direct Nursing Care; Paramedical, Professional and Technical; and Nurse Practitioners. When “functional bargaining units” were first created 46 years ago, LPNs were assigned to the Auxiliary Nursing Care Bargaining Unit. At the time, the position was called Registered Nursing Assistant and the duties were markedly different from the duties of an LPN today. UNA believes now that the work done by LPNs belongs in the Direct Nursing unit.

What is happening now with LPNs?  

LPNs for Change applied to the ALRB earlier this year to gain proper recognition for their work as members of a regulated profession that provides direct nursing care. The group says more than 850 LPNs have signed up to support its effort. UNA was not involved in this application but has subsequently provided input to LPNs for Change about their application.

What unions represent LPNs now?

At Alberta Health Services, most LPNs are represented by AUPE. At two small Covenant Health sites, a handful of Auxiliary Nursing Care workers are represented by CUPE or USW. UNA also currently represents a small number of LPNs. At one UNA worksite, LPNs are in the Auxiliary Nursing Care bargaining unit, at another they are already considered to be in Direct Nursing Care.

Why does UNA believe LPNs provide direct nursing care?

UNA has always believed LPNs provide direct nursing care. The argument is even more compelling now that over the past 20 years LPN practice has expanded significantly. The division between “auxiliary” and “direct” nursing care bargaining units has increasingly become confusing, arbitrary, inconsistently applied. This is unfair to LPNs. Daily practice in many Alberta hospitals also clearly recognizes that LPNs provide direct nursing care. LPNs, RNs and RPNs work together daily as part of the Direct Nursing team.

Does UNA agree with LPNs for Change’s application?

Yes. UNA believes the inclusion of LPNs in the Auxiliary Nursing Care Bargaining Unit is contrary to repeated statements by the ALRB that the work done by nurses should be the key factor in determining what bargaining unit represents those nurses. It is clear that in the case of LPNs, placement is based on credentials, not duties. In March 2023, UNA’s Executive Board passed a resolution stating, “That UNA acknowledges that LPN’s provide direct nursing care.” Without qualification, UNA believes nurses who provide direct nursing care deserve to be recognized for their skill and education, their profession, and their work in direct nursing care.

What do other unions and stakeholders say?

When LPNs for change filed their “reference of a difference” on the question of which Bargaining unit should represent LPNs, the ALRB wrote all stakeholders and asked for their response. AUPE, CUPE, and USW opposed LPNs for Change and sought summary dismissal. UNA told the ALRB we agree LPNs are performing direct nursing care, because they are. The employers said they would take no position on the question. Other health care unions such as the Health Sciences Association of Alberta and Alberta Union of Nurse Practitioners have not taken a position.

What has happened to the LPNs for Change application?

The ALRB asked LPNs for Change to respond to the application for summary dismissal. LPNs for Change asked UNA for input into their response and, since UNA has already publicly stated its support for their position, UNA’s Director of Labour Relations provided some input. The ALRB has not yet ruled on the requests for summary dismissal.

What is an ‘Application for Determination’?

An application for determination is normally when a union asks the ALRB to determine that an employee belongs in the union’s bargaining unit.

What is a ‘Reference of a Difference’?

A reference of a difference is a legal term that describes the process of referring something to a tribunal or a court of provide an answer to a question to resolve a difference of opinion.

What is union ‘raiding’?

A union raid is when one union tries to take over the membership base of an existing union, typically by convincing employees to sign membership cards. Under the rules of the Canadian Labour Congress, union raids are prohibited for unions in provinces other than Quebec. After AUPE raided a large number of CUPE members in the early 2000s, it left the “House of Labour” and is no longer affiliated to the CLC or the AFL. Normally a union raid can only take place legally during the last two `months of a collective agreement, known as the “open period.”

Was UNA raiding?

Absolutely not. UNA has consistently supported the argument that LPNs belong in the Direct Nursing Care Bargaining Unit and has not changed that view. UNA has responded to the ALRB’s request that it submit its position on the question of which bargaining unit should represent LPNs and has done so. UNA is a member of the CLC and the Alberta Federation of Labour and has abided by the rules of those organizations. UNA did not initiate the application by LPNs for Change or encourage LPNs to pursue it.

Is it normal for unions to accuse other unions of raiding in situations like this?

No. From time to time, unions have differences of opinion over what bargaining unit health care employees should fall into. Since the early 2000s, this has happened more than a dozen times in Alberta. In none of these cases has anyone suggested raiding was taking place.

What happens if the ALRB recognizes LPNs as providers of direct nursing care?

If LPNs are recognized by the ALRB as providing direct nursing care, they would be moved from the Auxiliary Nursing Care Bargaining Unit to the Direct Nursing Care Bargaining Unit. It is unclear at this time what would happen if LPNs were placed in the Direct Nursing Care Bargaining Unit, but we expect the ALRB would order a vote for all Direct Nursing Care employees. 

Has UNA disparaged LPNs in the past?

No. UNA has never disparaged LPNs, as some have suggested. As the union for Registered Nurses and Registered Psychiatric Nurses, UNA is proud of the work it does to represent RNs and RPNs. If we have the honour to represent Alberta’s LPNs, we will represent them with the same enthusiasm and vigour.