UNA files unfair labour practice complaint after move by AHS to transfer 3,200 nurses to ‘Recovery Alberta’ without regard for their contract rights

United Nurses of Alberta has filed an unfair labour practice complaint with the Alberta Labour Relations Board alleging bad faith bargaining and interference with the union’s representation of its members by Alberta Health Services in negotiations for a new Provincial Collective Agreement.
 
The UNA complaint stems from circumstances related to the Alberta Government’s plan to create Recovery Alberta, a new provincial addiction, mental health and correctional services agency.
 
UNA’s complaint says the employer failed to negotiate in good faith, as required by Section 60(3) of the Alberta Labour Relations Code, when it planned the transition of approximately 3,200 members, about 10 per cent of the union’s membership, to the new employer without regard for their existing collective bargaining agreement rights.
 
Under the current collective agreement between UNA and AHS, members are able to elect whether or not to transfer to the new employer in the event of a transfer of services as would be the case in the creation of Recovery Alberta.
 
“The provincial government has stated that the plan for Recovery Alberta has been done in collaboration with AHS and front-line workers, yet no consultation or information was shared with UNA and no bargaining occurred with UNA regarding the transition,” the complaint says. “The ‘transfer’ was announced publicly on April 2, 2024, concurrently with when it was announced to UNA.”
 
In addition to the employer’s bargaining in bad faith, the union complaint says, AHS interfered with UNA’s representation of its members by notifying AHS employees directly of the transfer before negotiating how the transfer would proceed with the union.
 
“This undermines the role of the Union as exclusive bargaining agent with respect to its members, and interferes with the Union’s ability to effectively represent their members,” the complaint says.
 
UNA is seeking the following interim remedies, which would have to be implemented immediately:
 
- An order directing AHS to cease engaging in direct communication with employees regarding their transfer to Recovery Alberta
- An order directing AHS to bargain in good faith
 
In addition, the union is seeking the following remedies:
 
- A declaration the employer has violated the Code
- An order that AHS cease and desist violating the Code
- An order directing the employer to bargaining in good faith
- An order directing AHS to cease engaging in direct communication with employees regarding their transfer to Recovery Alberta
- An order providing the union and its members with general damages resulting from the employer’s interference with the union’s representational rights and the members right to be represented
- An order that the employer post notices for employees setting out the Board’s orders on the matter
- Any of the above remedies on an interim basis
- Any other order or direction that is appropriate in the circumstance.