PrintUNA brings Unfair Labour Practice complaint against AHS
United Nurses of Alberta has brought an Unfair Labour Practice complaint against Alberta Health Services for breaching the Labour Relations Code and its collective agreement with the union by serving notices of layoffs to 30 nursing positions during negotiations for a new agreement without properly informing and negotiating with the union.
The complaint was filed with the Alberta Labour Relations Board on August 30.
On the afternoon of August 15, during the current round of negotiations for a new Provincial Collective Agreement, the employer’s lead negotiator contacted UNA by telephone to say AHS was moving ahead with layoffs of employees of its “Strategic Clinical Networks” related to the implementation of an administrative change. Those layoffs included the 30 nursing positions.
“We are naturally concerned that Alberta Health Services ignored both the law and our collective agreement with them for these layoffs,” said UNA Labour Relations Director David Harrigan. “But we also have to ask why, at a time like this, they are eliminating quality control positions? These positions are crucial to the harmonization of learning and quality of care across the province.”
In its August 15 communication to UNA, AHS made it clear it had been planning layoffs but had not contacted the union until just before they were announced. On Aug. 28, AHS sent emails to employees stating that their positions would be terminated effective Sept. 25.
UNA argues in its complaint to the Board that the employer interfered with its representation of members during negotiations by announcing layoffs without properly negotiating and informing the union. It further argues the layoffs violate Article 15 of the Provincial Collective Agreement, which deals with layoff and recall.
UNA also argues that since the employer is subject to a statutory freeze on layoffs it failed to negotiate in good faith and has violated the Code, and by planning the transition of the program during negotiations without bringing it to the bargaining table.
UNA is seeking an order directing AHS to cease its planned layoffs and to stop dismantling the program until it has met its legal obligation to bargain in good faith and comply with the collective agreement’s notice and consultation provisions.
It also seeks several remedies including an order that the employer cease and desist violating the Code and general damages to the union and affected employees for breaches of the code, and a notice to employees at all worksites setting out the board’s orders.
