Brand new Board concluded that the brand new Employer’s hospital and you can neighborhood wellness employees, in help and you will paramedical organizations, is to stay-in separate units today. At exactly the same time, this new Panel is actually reluctant to mix the unit since it perform result in staff with a straight to strike becoming together with employees likely not to ever strike. On that point, this new Board held you to s. 94(1)(b) of your Code does not pull away people health employees’ right in order to strike or even the employer’s right to lock-out. New Board would like a translation off s. 94 one didn’t hinder you to definitely vested proper. Properly, a local health power wasn’t an employer who “works an approved medical” into the amount which staff people health professionals unconnected that have their hospital operations.
Bargaining rights was already stored by three locals out of United Nurses away from Alberta (“UNA”) together with Alberta Partnership out of Provincial Employees (“AUPE”)
The brand new Board found that current website-particular general service tools regarding Employer’s medical facilities was no longer appropriate. There clearly was a leading level of business combination and proof of intermingling resulting in trouble for the management of one’s collective agreements, particularly in regard to the maintenance group. Consequently the fresh new degree applications to have web site-particular standard assistance systems was disregarded and you can present certificates should be be consolidated into the a local-greater certification. The current section-established standard assistance products inside neighborhood wellness, not, stayed compatible. There is certainly little or no intermingling off service personnel ranging from wellness tools.
The current medical paramedical technology bargaining devices have been no more suitable. Again there had been a premier level of team integration and you can tall intermingling away from research aspects, lab assistants and other mechanics, causing appreciable trouble giving the number of cumulative arrangements. Good consolidated, region-wider tool are appropriate. There can be, but not, no proof of intermingling with regards to medical counterparts to support an excellent merger off health and you may area fitness units.
Nor have been current health paramedical elite group negotiating systems appropriate any longer. There are both team integration and you may significant staff member intermingling. While the within early in the day fitness gadgets, the evidence is actually that there was certain intermingling of paramedical technical professionals, and you can quite extreme intermingling of paramedical elite group. Given that tech and you will professional personnel was shared from the Board’s important paramedical bargaining equipment, the existing section-dependent negotiating products that features each other communities has been around since improper and really should feel replaced by a city-broad neighborhood fitness paramedical unit.
Properly, the newest Board (a) revoked their permits covering medical paramedical technical teams and you can changed they that have a location-wider certification naming HSAA because bargaining representative; (b) indicated that a district-greater certification do issue to possess hospital general service team. They deferred the questions from which partnership is the bargaining representative and you may if or not a ballot is called for, pending agreement or proof of new quantities of professionals depicted of the for every single bargaining agent; (c) indicated that a neighborhood-wider certification perform thing for medical paramedical elite teams, once again deferring commitment of one’s negotiating representative pending evidence of the fresh level of professionals regarding the HSAA and you can low-relationship teams; (d) amended established permits to own community fitness service staff to mention this new local wellness expert because employer; (e) revoked current people wellness Taishan women paramedical licenses and you may replaced they that have a great region-broad certification naming HSAA given that bargaining broker; and (f) disregarded every degree programs. The fresh unjust labor habit complaints was in fact withdrawn.
Case: Eastern Main Regional Health Power eight and you can Alberta Partnership regarding Provincial Professionals, Regional 57 and Joined Nurses out of Alberta, Locals 42, 88 & 126
East Central Local Health Authority seven (the fresh new “Employer”) used on be stated this new replacement manager in order to five regional chat rooms away from health, from whom it got passed on every otherwise element of five health devices in the process of health care regionalization. They wanted a decision you to one region-greater product of society fitness nurses was the right bargaining equipment. This new unions objected that past bargaining gadgets stayed appropriate. Within commencement of the hearing, Una objected into the structure of your panel getting apprehension off prejudice. One to panellist got supported on board of just one of one’s Employer’s predecessor wellness systems 11 years ago, while in the an emotional industrial argument related to people in Una.