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


    

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