The brand new Panel concluded that the newest Employer’s medical and you can neighborhood health teams, in both help and paramedical groups, is stay in independent gadgets right now. Concurrently, the Board is unwilling to merge the unit since it do produce personnel having a directly to hit getting alongside teams bound never to strike. Thereon section, the new Panel held you to s. 94(1)(b) of one’s Code does not distance themself neighborhood fitness employees’ best to hit or the employer’s to lock-out. The brand new Board would like an interpretation out-of s. 94 that don’t affect you to vested right. Accordingly, an area health power was not an employer just who “works an approved health” to your the total amount this staff people wellness employees unconnected which have the hospital operations.
Negotiating rights was in fact currently kept by three natives from Joined Nurses out of Alberta (“UNA”) foreign affair haitian brides and the Alberta Relationship regarding Provincial Professionals (“AUPE”)
The newest Panel found that current webpages-specific general support gadgets regarding Employer’s hospitals have been no more compatible. There clearly was a high level of company consolidation and you may proof of intermingling causing problems in management of the collective preparations, especially in regard to the constant maintenance professionals. Appropriately the latest certification apps to possess webpages-specific general support tools had been overlooked and you can existing certificates should be end up being consolidated into a neighborhood-large certificate. The current area-oriented standard help gadgets inside the people fitness, not, remained appropriate. You will find little or no intermingling off service teams ranging from health systems.
Current healthcare paramedical technical bargaining gadgets was basically no more appropriate. Once more there have been a leading level of team combination and you will high intermingling off laboratory mechanics, lab personnel and other technicians, leading to appreciable trouble giving the number of cumulative agreements. A good consolidated, region-wider unit was suitable. There is, however, no evidence of intermingling with their hospital counterparts to help with a merger of medical and you can community fitness equipment.
Neither were the present hospital paramedical professional bargaining systems compatible any longer. There were both business combination and you may extreme staff member intermingling. Because between the past fitness devices, the evidence is actually that there is particular intermingling away from paramedical technology team, and you may a little extreme intermingling of paramedical elite group professionals. Since the tech and elite employees have been combined throughout the Board’s important paramedical negotiating device, the existing section-situated bargaining units that has each other communities has been around since improper and must become changed by the a neighbor hood-wider people health paramedical product.
Accordingly, this new Board (a) terminated their certificates level hospital paramedical technology group and you will replaced they which have a neighborhood-greater certification naming HSAA because the bargaining broker; (b) showed that a district-greater certification carry out issue to own medical general service team. It deferred the questions from which commitment would be the bargaining broker and you can whether or not a ballot will be needed, pending contract or evidence of the newest quantities of professionals portrayed because of the for each and every bargaining agent; (c) revealed that a region-wide certification do matter to possess medical paramedical professional professionals, again deferring determination of your own negotiating representative pending proof new number of employees about HSAA and you will non-partnership communities; (d) revised existing licenses to own area fitness assistance teams to name the latest regional fitness authority since workplace; (e) revoked established community wellness paramedical permits and you may replaced they with an excellent region-wide certification naming HSAA as bargaining agent; and (f) disregarded all qualification software. Brand new unjust work practice complaints were withdrawn.
Case: Eastern Central Local Fitness Expert seven and Alberta Commitment from Provincial Group, Local 57 and you can United Nurses of Alberta, Natives 42, 88 & 126
Eastern Central Regional Health Power seven (the “Employer”) placed on become declared the newest replacement manager so you can five regional forums from health, away from which they had inherited the otherwise element of five wellness tools in the process of healthcare regionalization. It sought for a decision you to definitely an individual area-broad device out-of area health nurses are the proper negotiating device. This new unions objected that the earlier in the day bargaining tools remained compatible. During the beginning of reading, La objected on the constitution of your own committee to own worry off prejudice. You to panellist got supported on board of a single of Employer’s ancestor health units 11 in years past, throughout a difficult industrial dispute connected with members of Una.
