What to do in the event of a strike by AUPE Auxiliary Nursing Care members

United Nurses of Alberta stands in solidarity with members of the Alberta Union of Provincial Employees and strongly supports their struggle to achieve a fair collective agreement.

With a strike by Licensed Practical Nurses, Health Care Aides and other health care workers represented by AUPE possible in the near future at Alberta Health Services, Recovery Alberta, Primary Care Alberta, Assisted Living Alberta and Allen Gray Continuing Care Centre, UNA members who work at the same sites are naturally concerned that they will be asked to do the work of their striking co-workers. This does not apply to worksites at Covenant Health, Lamont Health Care Centre and all private long-term-care facilities.

While Alberta labour law states that employees cannot be disciplined for refusing to perform the duties of employees who are legally on strike, the delineation between work done by Registered Nurses and Registered Psychiatric Nurses represented by UNA and that done by Licensed Practical Nurses and Health Care Aides represented by AUPE may often not be clear. 

UNA members and LPNs represented by AUPE both provide direct nursing care, as acknowledged by Finance Minister Nate Horner in his November 5 statement on AUPE bargaining.

As a result, in the event of a strike by AUPE members, UNA members must report to work for their regular shifts.

In the event of any strike or walkout, UNA members should pay close attention to work that would normally be done by an LPN or HCA. 

UNA members are not permitted to perform LPN or HCA bargaining unit work and they should advise their manager of this. 

Where there is confusion as to what is LPN or HCA work and what is RN/RPN work, UNA members should seek clarity on the instructions from their out-of-scope manager.

UNA members should also immediately inform their Local or their UNA Labour Relations Officer if they feel that they are being asked to do the work of striking employees, or if more RNs/RPNs are suddenly being scheduled to work.

In the event they are ordered to do LPNs’ or HCAs’ work, however, UNA strongly advises members to obey now and grieve later if their refusal is met with the threat of discipline.

UNA members also need to be aware that AUPE and the employers have reached an Essential Services Agreement (ESA). Minimum levels of staffing have been negotiated by unions and health care employers as required by legislation. Capable and qualified non-union management employees will be expected to do the work of striking employees and AUPE will be required to send in striking employees under its ESA with the employer if there are not enough exempt employees to meet the minimum threshold.

In addition, AUPE’s ESA states clearly: “During a strike or lockout at a site, the Employer shall not … assign work that would normally be performed by an employee in the bargaining unit that is on strike or lockout to employees in other bargaining units.”

UNA encourages its members during breaks and time off to join their co-workers on their picket lines as they exercise their constitutional right to take strike action, and to express their support in conversations with elected officials.