By rdnewsNOW staff

Bargaining Complaint

United Nurses of Alberta files bad-faith bargaining complaint against AHS

Mar 19, 2020 | 8:25 AM

United Nurses of Alberta has filed a bargaining-in-bad-faith complaint against Alberta Health Services (AHS).

The complaint was filed on Mar. 18 and is said to stem from actions by AHS and the provincial government during negotiations for a new provincial collective agreement for the majority of Alberta’s registered nurses and registered psychiatric nurses.

UNA officials say the complaint argues that good-faith bargaining as required by law, is not possible when the employer (AHS) is subject to directives from a cabinet minister and prohibited by law from informing its employees’ union of the existence or contents of those directives.

The complaint has been filed with the Alberta Labour Relations Board on behalf of three members of UNA’s bargaining committee who are trying to negotiate a new Provincial Collective Agreement with AHS and other employers.

It alleges that sections 3 and 4 of the Public Sector Employers Act passed last year, violate their rights under the Canadian Charter of Rights and Freedoms.

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The complaint outlines in detail activities of the AHS bargaining team during negotiations this month that UNA believes clearly show how informed, rational discussions required by law, are impossible because of the minister’s undisclosed interference and how AHS is improperly bargaining through the media and not at the bargaining table.

The complaint also alleges that by bargaining in bad faith, the employer has breached provisions of the Alberta Labour Relations Code and interfered with the operation of a trade union.

The complaint further argues these actions violate the freedom of association provisions of the Canadian Charter of Rights and Freedoms, which include the right to be represented in collective bargaining by a trade union.

According to UNA officials, the complaint outlines how negotiators for AHS confirmed they have received directions from Finance Minister Travis Toews, but were not permitted to disclose those instructions to UNA in order to fulfill their obligation to bargain in good faith.

The complaint alleges that an employer bargaining representative said the AHS committee had received instructions from provincial Chief Advisor on Negotiations, Kevin Davediuk, acting for the minister, not to share the bargaining committee’s mandate with UNA.

“It is not good faith bargaining for AHS to force UNA to guess which directives it can move on,” UNA Labour Relations Director David Harrigan said in the complaint.

On Mar. 17, the AHS bargaining committee received its instructions, and UNA and AHS were able to conclude the agreement the union is said to have proposed five days earlier.

UNA officials say they are seeking several remedies, including an order directing the employer to disclose to UNA, any and all current and future directions from the minister or his delegate with respect to bargaining.

Also, an order directing the employer to meet and make every reasonable effort to enter into a collective agreement.

UNA, AHS, Covenant Health, Lamont Health Care Centre, and the Bethany Group (Camrose), are parties to a collective agreement with a term from Apr. 1, 2017 – Mar. 31, 2020.

For the purpose of negotiating with UNA, AHS acts as agent for Covenant Health, Lamont Health Care Centre, and the Bethany Group.