Nurses' Union Appeals Labour Board Decision

The United Nurses of Alberta (UNA) has announced that it will immediately launch a court appeal of a technical decision issued June 5 by the Alberta Labour Relations Board (ALRB). The ALRB refused to hear UNA's application to quash an arbitrator's ruling that arbitration of the wage re-opener in UNA's Collective Agreement can be delayed beyond the date stipulated in the Agreement. The ALRB said it did not have legal jurisdiction to consider UNA's application and that UNA would have to seek judicial review through the courts.

"We are filing with the courts immediately," UNA Labour Relations Director David Harrigan said. "Realistically, though, it's unlikely this would be heard by a court for more than a year, making a mockery of attempts to uphold the terms of our legal contract."

Harrigan said that while arbitration is scheduled to go ahead on July 2, 3, and 8, UNA expects that Alberta Health Services (AHS) will request further postponements. "Given the blatant way the terms of our collective agreement and the Charter rights of nurses are being ignored, UNA members will now be reconsidering their union's approach to negotiations," Harrigan stated. "Our legal team is reviewing all legal options," he said. "Our leadership and membership will have to consider if other options will also be necessary."

Harrigan pointed out that the Alberta government's actions follow a pattern in which governments pretend to consult, "and then legislate salary reductions, freezes or limits on increases, rather than negotiating or arbitrating. This has happened in Nova Scotia, Manitoba and most recently in Ontario. We believe this is a violation of the Charter, but it still takes years to fight it in the courts."

The collective agreement sets very specific dates for arbitration of a wage re-opener, Harrigan said. Negotiations would have begun on February 15 and proceeded to arbitration if no agreement was reached by March 31. The arbitration had to be held no later than June 30. UNA and AHS agreed to conduct negotiations on May 13 and 17, but the Kenney government intervened and instructed AHS to postpone negotiations.

Harrigan explained: "The government stated it wants the recommendations of its 'Blue Ribbon Panel' to be considered. The chair of the Blue Ribbon Panel last year issued a report recommending 'consultations' with unions followed by legislation effecting rollbacks to salary. After UNA did not agree to the delay, AHS requested a conference call with the arbitrator. AHS asked the arbitrator to delay the hearing sine die (without a scheduled date). The arbitrator agreed to postpone the hearing and ruled the hearing be postponed beyond the June 30 date. He ruled the hearing would take place July, 2 or 3, and 8 -- but specifically ruled that either party may request further postponements.

"Because this clearly amended our collective agreement, we filed at the [ALRB], requesting the arbitrator's decision be quashed and the hearing take place before June 30."

(Photos: WF, UNA)

This article was published in

Number 23 - June 20, 2019

Article Link:
Nurses' Union Appeals Labour Board Decision

    

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