The Panel determined that the newest Employer’s medical and you will people fitness team, in both help and paramedical teams, is to stay static in independent devices nowadays. On top of that, the fresh new Panel is unwilling to mix the unit since it create end in staff that have a right to strike getting along side personnel likely never to hit. Thereon point, brand new Panel held you to s. 94(1)(b) of one’s Password will not distance themself area fitness employees’ right in order to struck or perhaps the employer’s straight to lock-out. The brand new Board would like an interpretation out-of s. 94 one failed to affect one to vested best. Consequently, a regional wellness power was not an employer who “operates a medication medical” to your the quantity which employees society fitness team unconnected with its medical procedures.
Negotiating legal rights was in fact currently stored because of the about three neighbors from United Nurses out-of Alberta (“UNA”) therefore the Alberta Connection from Provincial Employees (“AUPE”)
Brand new Panel discovered that the current website-certain general help equipment regarding Employer’s medical facilities was in fact don’t compatible. There can be a top standard of organization consolidation and you will evidence of intermingling ultimately causing issues in the government of collective plans, particularly in regard to the constant maintenance group. Properly the degree applications for webpages-particular standard assistance tools were ignored and you can present permits should be become consolidated for the a region-wide certificate. Current region-founded general support products into the community health, yet not, remained appropriate. There is little or no intermingling regarding support group ranging from fitness devices.
The present hospital paramedical technical negotiating systems was in fact no more compatible. Again there are a leading level of team consolidation and significant intermingling regarding research mechanics, laboratory personnel and other aspects, causing appreciable problems giving the several cumulative preparations. Good consolidated, region-broad equipment is actually compatible. There was, but not, no evidence of intermingling making use of their health counterparts to support a good merger away from healthcare and community fitness devices.
Neither was the present healthcare paramedical elite group bargaining gadgets compatible people longer. There had been both providers integration and you will significant staff intermingling. Once the amongst the prior fitness devices, evidence are there try certain intermingling off paramedical tech professionals, and you can a little high intermingling of paramedical elite staff. As the technology and top-notch team was in fact shared throughout the Board’s simple paramedical negotiating device, the current region-created bargaining tools with one another groups has been around since poor and ought to be changed because of the a neighbor hood-wide community wellness paramedical unit.
Appropriately, the fresh Board (a) revoked its certificates layer medical paramedical tech group and you may changed it having an area-wide certificate naming HSAA since the negotiating agent; (b) revealed that a community-wider certification perform question to own health general support professionals. It deferred all the questions of which relationship are definitely the negotiating representative and you may whether a vote was expected, pending contract otherwise evidence of the newest numbers of staff portrayed of the for every single bargaining representative; (c) revealed that a neighborhood-large certification carry out point to have healthcare paramedical professional team, once again deferring commitment of one’s negotiating broker pending evidence of the newest number of teams in the HSAA and you can non-relationship teams; (d) revised established licenses to possess society fitness help employees to-name the local health power as the workplace; (e) terminated present people wellness paramedical licenses and you will changed it with an excellent region-greater certificate naming HSAA since the bargaining agent; and you will (f) disregarded every certification apps. The unjust work practice complaints was indeed withdrawn.
Case: East Central Regional Fitness Power seven and you may Alberta Union regarding Provincial jeevansathi studiepoeng Employees, Local 57 and United Nurses from Alberta, Residents 42, 88 & 126
Eastern Central Regional Fitness Power eight (this new “Employer”) placed on be declared the fresh new successor manager to four regional boards away from fitness, out of which they got passed down most of the otherwise part of five wellness units in the process of health care regionalization. They sought a decision one to an individual region-large tool regarding society health nurses try the right bargaining product. The latest unions objected that the prior bargaining equipment remained compatible. On commencement of the hearing, La objected to your constitution of your committee for apprehension from prejudice. That panellist had served on board of 1 of one’s Employer’s ancestor fitness equipment eleven in years past, while in the a difficult industrial conflict involving members of La.