For Your
Information
Section of the Collective Agreements the Government Is Violating
Both the United Nurses of Alberta (UNA) and the Alberta
Union of Provincial Employees (AUPE) signed three-year collective
agreements in 2017 with a wage freeze in the first two years and a
wage-reopener in 2019. The collective agreements require that if a
negotiated settlement of the wage re-opener has not been reached by
March 31
2019, then the matter would proceed to arbitration which must take
place before June 30, 2019. Other unions signed similar provisions. The
Alberta Teachers' Association signed a collective agreement shortly
before the provincial election which provides for arbitration on wages
for their two year contract.
Prior to introducing Bill 9, the Kenney government
directed Alberta Health Services (AHS) to "postpone" the scheduled
arbitration with UNA indefinitely. The government made the same request
of the arbitrator selected for the AUPE arbitration. In UNA's case, the
arbitrator refused an indefinite postponement, but agreed to new dates
after
June 30, in violation of the terms of the collective agreement, and
stated that a party could seek a further postponement. According to the
Alberta Labour Code, an arbitrator cannot alter the
terms of a collective agreement. UNA launched a challenge at the
Alberta Labour Relations Board, which declined to hear UNA's
application in a
technical decision that it lacked jurisdiction to rule on the matter
and that UNA must seek a judicial review. The arbitrator in AUPE's
arbitration heard arguments from the government and the union, and
issued a decision that the arbitration would proceed, and the
government's request for a postponement would be denied. The government
then
moved quickly to introduce Bill 9.
This article was published in
Number 23 - June 20, 2019
Article Link:
For Your
Information: Section of the Collective Agreements the Government Is Violating
Website: www.cpcml.ca
Email: editor@cpcml.ca
|