negotiationss_report_april.docx · web viewseasons retirement community (encore) lp (olds) exchange...

REPORT OF THE PRESIDENTTO THE PROVINCIAL EXECUTIVE

April 05 and 06, 2017

Greetings!

Although it seems like we just had our last PE meeting there has been a lot going on, particularly related to collective bargaining, which, as you know, is our main focus over the foreseeable future.

Another large contract, for our nursing care members in AHS, was recently ratified, although by a slim margin, which adds them to the massive number of members that will be back at the bargaining table in the next few months. As stated earlier 2017 sees the busiest year of negotiations in our history involving about 75,000 members covered by about 100 collective agreements.

Our focus on pulling together and supporting each other around bargaining is crucial. The added elements of the legal right to strike, the essential services requirements, the challenging economic environment, and negotiating directly with, and agents of, an NDP Government, requires creative approaches and strategies. There will be massive challenges but also unique opportunities that won’t be fully realized until we are face-to-face with the various Employers, including the Government itself.

Regardless of the challenges, or rather because of them, member engagement and involvement in their bargaining is essential. I encourage all of you through your Local Councils and your bargaining committees to have in place a solid communications plan and the foresight to develop various methods of interacting with your membership.

Meanwhile, our members in Cold Lake have passed the 100-day point of being locked-out on the picket line. I know that many of you and your Locals have gone to their picket line and supported them in other ways; but I ask that you increase this support however you can. This is a fundamental struggle for workplace control and provision of services Albertan’s deserve. The struggle has gained a lot of support from the community; but it is important that these brave members know they are.

The Government has announced a much-anticipated review of certain labour legislation, namely Employment Standard’s Code and the Labour Relations Code. Both of these statutes are long overdue for modernizing, and we will be engaged in making presentations, as we have done numerous times before, on aspects of the Labour Code that need to be addressed.

What is extremely concerning, however, is that a requisite review and overhaul of the Public Service Employee Relations Act (PSERA) is not forthcoming. This is one of the most restrictive pieces of legislation in the country and has not had a serious review since it was instituted in 1976. Many of our members under PSERA, including GoA, Post Secondary Education, and Boards and Agencies, are denied basic rights under PSERA as it relates to labour relations issues. As a result it is important for bargaining units under PSERA to build further protection in their collective agreements at the bargaining

Report of the President 2 April 05 and 06, 2017

table to overcome the restrictions in PSERA. I have requested a meeting with the Labour Minister to express our concerns about this lack of action on PSERA.

The 2017/2018 Provincial Budget was introduced recently and overall it shows a strong regard and ongoing support for front line services. There will still remain pressure on the front lines, as staffing levels have not kept pace with population growth and increased demand for services. But with increased staffing in some key departments, most significantly in Solicitor General and Justice, and sustainable increases in post secondary and health care, it is best as can be expected in these challenging economic times. Nonetheless, we will continue to voice our concerns about staffing shortages and high workloads in the areas our members work. Again, I encourage bargaining committees to look at creative ways to address these ongoing issues at the bargaining table in upcoming negotiations.

The evening of April 5th, gives us a great opportunity to connect directly with Government MLAs who will be attending our meet and greet. We will be spending some time during the day on April 5th developing some key points of discussion for this event, so I encourage you to give it some thought prior to our discussion so that we can make the most of the event that evening.

Finally, we will be adopting the PE Strategic Plan 2107-2019 at this upcoming meeting. Thanks to the strategy session we held at the last PE we have amended the draft version and sent you an updated version a few weeks ago. Please be prepared to discuss any further changes you might have so that we can adopt a final version at the upcoming meeting.

Looking forward to seeing you all at PE.

In Solidarity,

Guy SmithPresident

ESSENTIAL SERVICES

The Essential Services Department is continuing to meet with members across most major employer bargaining units to engage them in the ESA planning process and to gather required information. Staff are also analyzing information from members and other sources to prepare proposed essential service staffing plans for these units. Members of the department have continued to negotiate with Capital Care and Covenant Health and have conducted initial negotiations with the GOA on the high level issues as well as the first four identified ministries. The department is currently in the process of preparing to begin ESA negotiations with a large number of other employers.

NEGOTIATONS

CURRENT TABLES OPEN: 52 IN MEDIATION/ARBITRATION: 11SINCE JANUARY 2017 MEETING:

Health Sector:


Seasons Retirement Community (Encore) LP (Olds)

Exchange of proposals occurred on January 11, 2017. The Employer advised that they intended on bargaining the Encore Agreement as a distinct first Agreement to better reflect the “Seasons philosophy”. They presented an ingoing package which was a sloppy cut-and-paste from various Ontario agreements that referenced Unifor, National Union Representatives, shop steward committees that had not relevance in Alberta. Their spokesperson dismissed the Union’s concerns stating that they did not understand AUPE’s position that there is a difference between Collective Agreement bargaining in Alberta and Ontario. Not much productive work was accomplished on the first day. On January 12, 2017, the parties exchanged counter-proposals. Much of the discussion centered around the Employer’s extreme reluctance to include any language in the agreement that formally recognizes the Union’s legitimacy and the members’ right to representation. We ended up signing off on five non-monetary articles and significant progress was also made towards signing four non-monetary articles.

On February 21, 2017 the parties met again. The Director of Employee Services was not able to attend that bargaining meeting and her absence not only improved the positive momentum that appeared to surface, but also confirmed to the bargaining committee where the primary source of resistance was on the Employer’s side. The Director attended the meeting on February 22, 2017 but her attempts to bog down the process were muted. Twelve Articles were signed off and significant progress was made in discussions regarding other outstanding Articles.

At our next meeting scheduled for February 28, 2017, we signed off on Respect in the Workplace, Seniority, Layoff and Recall, Hours of Work and Appointments, Transfers and Vacancies. The bargaining committee was pleased with their achievements thus far.

On March 1, 2017 there were only a few non-monetary articles left to sign off. The Employer advised that they would be presenting a comprehensive monetary package to us, but only came back with a half-page, double-spaced bullet points. The committee felt the Employer’s proposal was insulting and decided to leave the meeting early in order to avoid meeting face-to-face with the Employer. The Employer was not pleased with the bargaining committee’s decision to leave and advised the negotiator that the Olds site is a “money-loser and the best thing Seasons can do right now is sell it off to another buyer”. The Employer said they were not available to resume bargaining until the end of April or May.

Age Care Walden Heights ANC and GSS

On January 16, 2017, both ANC and GSS bargaining committees agreed to take the Mediator’s Recommendations to the membership for a vote. The monetary details are:

ANC 2017 HCA/RA 7% wage increase across the board, Step 8 wage increase to 9%, Step 9 wage increase to 10%


LPN 4% wage increase across the board, Step 8 wage increase to 5.5%, Step 9 wage increase to 5.5%

2018 HCA/RA 2%LPN 1.5%

2019 HCA/RA 1.5%LPN 2%

Signing Bonus HCA $1,300.00 (pro-rated PT and casual)LPN $1,000.00 (pro-rated PT and casual)

GSS 2017 2% wage increase across the board2018 2%2019 2%

Signing Bonus $400.00 (pro-rated PT and casual)

Ratification vote was held on January 27, 2017. ANC voted in favour. GSS voted against. GSS members to meet again on February 15, 2017.

St. Michael’s Grove Manor

The bargaining committee has agreed to a 4 year agreement from October 1, 2014 to September 30, 2018. The Union is recommending acceptance of Year 1 – 3%; Year 2 – 1.2%; Year 3 - .8%; and Year 4 – tied to the percentage as negotiated with AHS. Annual vacation will be increased to 25 days in the 15 th and subsequent years of service. Health Spending Account to be increased to $350.00.Ratification vote was held on February 2, 2017 and the members voted 100% in favour of their tentative agreement.

Covenant Care – St. Marguerite Manor & Dulcina Hospice

The parties met on January 19-20, 2017. The Union tabled a complete proposal document based upon Holy Cross as the template collective agreement The Employer tabled specific wording for all non-monetary articles based upon the Holy Cross collective agreement. The parties have agreed on approximately 93% of the non-monetary articles. The Union inquired about consolidating the Holy Cross and St. Marguerite Manor collective agreements since we will be re-negotiating the Holy Cross collective agreement in a few months. The Employer was not interested in consolidation. Our next meeting dates are February 22, March 15-16 and April 19-20, 2017.

Chantelle Management Ltd. – Waterford of Summerlea

The parties exchanged proposals on January 24, 2017. The Employer tabled general concepts rather than specific wording and did not table a monetary proposal. On January 25, the Employer proposed a wage schedule as follows: DOR 2017 – 0%, DOR + 12 months (2018) – 0%; and DOR + 24 months – 1%. The Employer’s argument for the wage schedule proposal is a 24% vacancy rate at Waterford. We advised the Employer that flexibility in staffing like casual employment, PT employment and layoffs if necessary are alternatives to address vacancy concerns not wage freezes in 2 years of a 3 year collective agreement. Our next meeting is scheduled for March 21-21 and April 26-27, 2017.


Chantelle Management – Sunrise Manor and Innisfail Country Manor

Bargaining scheduled for May 30-31, 2017.

Brenda Stafford Foundation - Clifton Manor

A membership bargaining update meeting was held on February 10, 2017. No mandate for job action.

Points West Living – Century Park

Currently in mediation. Employer sale moved from December 15, 2016 to mid January 2017 to first quarter 2017. LRB complaint requesting details of sale to protect interests remains outstanding. Employer does not respond to requests for updates on January 6 and 31, 2017. On February 6, 2017 the Employer’s response is “there is no firm news to report”.

Points West Living – Heritage House

Mediation scheduled March 28-29 and April 5-6, 2017 with Rick Wilson.

Points West Living – Cold Lake

On February 7, 2017 the Employer contacted the Union by email and tabled a revised offer and invited the Union to return to mediation table on February 13, 2017 with Rick Wilson. The next day (Feb 8), the Employer mailed a copy of the Employer’s revised offer along with a copy of the Employer’s letter to AUPE to the PWL Cold Lake member’s home mailing address. It appears that the Employer had no intention to bargain in good faith, in spite of a scheduled mediation meeting and preventing the bargaining committee an opportunity to mediate a settlement to the lockout of the members. We can only interpret the Employer’s actions as a very clear blatant attempt to undermine the authority of the AUPE bargaining committee and it deprived and prevented the bargaining committee from negotiating a settlement and explaining the matter to the Employer at mediation or to our members.

In response to the Employer’s revised offer, we tabled a revised proposal and confirmed for the Employer our set of priorities were essential to any settlement. We made a very concerted attempt to settle our dispute. We moved, we compromised on some items and essentially met the Employer half way, but that was not good enough.

The Employer then attempted to entice members with a $250.00 (pro-rated) signing bonus in addition to their revised offer, which the Employer stated their offer was very firm and very final. Before we had an opportunity to respond to the Employer’s offer, they stated they would be applying for a board supervised vote on their final offer. No further mediation scheduled at this time.

On March 15, 2017 the Board held a supervised vote and the members voted on the Employer’s offer. Approximately 88% of the members voted against accepting the Employer’s proposal.


Points West Living – Stettler and Slave Lake

No further dates scheduled subject to Cold Lake matter.

Sprucewood Place and Villa Marguerite

Ratification votes were held on January 31 and February 1, 2017. 96% voted in favour of the mediator’s recommendations.

St. Michael’s Vegreville

On February 8, 2017, the members voted 91% in favour of the tentative agreement.

Rivercrest Lodge

Members voted 100% in favour to ratify the mediator’s recommendations that provides them with salary increases until March 31, 2019 as follows: April 1, 2015 - $1,000.00 lump sum prorated on FTE; 2016 – 1.5%; 2017 – 1%; 2018 – 1%. It also included 2 additional floater days (based on accruing hours), 2 special leave days, addition of a weekend premium for day shifts, Professional Responsibility Committee will replace the EMAC, Domestic Violence language and a few other language changes.

HCN Revera Lessee – Edgemont Retirement Residence

Mediation scheduled for February 28, March 1- 2, 2017 with Michael Dyer.

HCN Revera Lessee – Aspen Ridge

Mediation scheduled for March 6-7, 2017 with Michael Dyer.

Retirement Concepts – Well Being Services (Millrise)

Mediation scheduled for February 8-9, 2017 with Cheryl Yingst-Bartel. No further dates scheduled. A membership meeting update scheduled for March 13, 2017.

Retirement Concepts – Well Being Services (Monterey)

Bargaining dates confirmed for April 10-12, 2017.Seasons Retirement Communities (Wetaskiwin)

The parties met on March 6-9, 2017. The Union was pleasantly surprised to experience a positive change in approach taken by the Employer. A good portion of non-monetary Articles were signed off on the first day. By mid-day on the second day, only monetary Articles remained. Of all the Seasons sites, the Wetaskiwin site has the lowest level of revenue generated due to the fact that the residents are considered to be primarily assisting living, there are no LPNs employed at site and the occupancy rate is only slightly above 50%. The parties eventually signed off on a Memorandum of Agreement on March 9, 2017. General


wage increases are Year 1 – 1.75%; Year 2 – 1.75%, Year 3 – 1.50% and Year 4 – 1.50%.

A bargaining information meeting is scheduled for April 4 and a ratification vote will be held on April 12, 2017.

AHS – Nursing Care

The Mediator’s recommendation on the outstanding articles and the items agreed to during the bargaining process, were ratified by the membership of the file Locals 041, 043, 044, 045 and 046 on March 7, 2017. Complete details were posted on AUPE’s website and telephone town halls were conducted for the membership on February 6 and 7, 2017 with five start times throughout two days.

The term of the agreement will expire March 31, 2017. We are scheduling bargaining committee meetings in the first week of April to start to process of preparing for the next round of negotiations.

AHS – GSS

The bargaining committee members have met, created surveys and analyzed the results to put together proposals to exchange with the Employer in early April.

Education:

Portage College

Notice to Bargain to be sent on March 30, 2016. We have already scheduled a bargaining date of April 4, 2017.

Living Waters Catholic Regional Division No. 42

The parties met on January 16, 2017. Negotiations continue and the significant progress that the Union made on a number of items identified in December failed to materialize, as expected, into signed off items. The Employer has eight people at the table and not only does it take their committee an extraordinary amount of time to come to a decision but, on more than a few occasions, they reconsider the language or request explanation from the Union for proposals of their own. Their understanding of Unions and the process of collective bargaining is, by there own inadvertent admission, woefully inadequate and their spokesperson, Alvin Johnston, cannot or will not enlighten them. We concluded the day of bargaining with a crash course explanation of good faith/bad faith bargaining, a short history lesson of what transpired during bargaining for their previous contract. The Union also advised the Employer that the once-a-month bargaining schedule cannot continue and asked that they look at their calendars and confirm multiple future dates for bargaining. Only two articles were signed off during that meeting.

A bargaining update meeting for the members was held on Saturday, January 28, 2017 in Edson and Whitecourt. Turnout was better than expected and the mood of the members was very supportive of the efforts of the bargaining committee, but also quite impatient about the slow process of bargaining. The members were


adamant that they want the current process concluded, one way or another, before the end of the current academic year and are willing to take whatever job action is necessary to press the issue.

Bargaining continued on February 13, 2017 and for the first time the Employer’s spokesperson presented the Union with written counter proposals to a number of Union proposals. A few articles were signed off but the Employer continues to argue that the four new Articles proposed by the Union do not belong in the collective agreement as they already exist as statutes of the Province of Alberta. They are No Discrimination, Respect in the Workplace, Occupational Health and Safety and Workers’ Compensation.

The Union advised the Employer that another bargaining update member meeting for the members will be taking place on March 18, 2017 and the members will not accept the Employer’s explanation for their rejection of the proposed articles.

Boards, Agencies and Local Government Sector:

Carillion Canada

The parties met on January 16, 17, 18, 2017. Approximately 80%-85% of bargaining has been completed. The outstanding items include minimum staffing, hours of work, shift and weekend premium, overtime, vacation, sick leave, training and all monetary items.We were scheduled to meet again on February 6, 7, 8, 2017 but the Employer cancelled those dates as they were not ready to provide any monetary proposals. Our next meeting dates are March 14-17 and March 22-24, 2017.

Town of Ponoka

The parties met on January 18 and 25, 2017. On both days the Employer claimed poverty and explained that all exempt staff have taken zero and no increments. We have managed to sign off quite a few minor Articles that deal with procedures and a couple that are very minor monetary items. On January 25 the Union tabled a monetary proposal that included all outstanding monetary items and a 3 year agreement with 2% increases per year. The Employer came back with no changes to any of our monetary items plus a 3 year deal at 0%, 0% and 0.5%. We asked if the other outstanding monetary items were revisited, would it make a difference. They said no. We asked if the term was shorter, would it make a difference. They said no. We said no to their offer. Further meetings have been scheduled for April 4 and 11, 2017.

Strathcona County

Bargainnig prep has been completed with the bargaining committee. Bargaining meetings are scheduled for March 20-21, 2017.

Town of Bonnyville

We have completed bargaining prep with the bargaining committee and are trying to obtain dates with the Employer.


Government of Alberta

Notice to bargain was sent on January 3, 2017. The bargaining committee members have met with the Union for numerous bargaining prep meetings. Exchange with the Employer is scheduled for April 10-12, 2017.

EDUCATION

January 17, to March 17, 2017

Completed Courses

Cold Lake

Intro to Your Union = 23 AttendedMarch 9, 2017

Lethbridge

Intro to Your UnionFebruary 14, 2017Cancelled due to low registrationMembers given opportunity to go to Calgary or Edmonton

Intro to OH&S = 16 RegisteredMarch 9 & 10, 2017 2 Cancelled

1 No Show13 Attended

Red Deer

Intro to Your UnionFebruary 8, 2017Cancelled due to low registrationMembers given opportunity to go to Calgary or Edmonton

Calgary

Intro to Your Union = 18 RegisteredFebruary 7, 2017 0 Cancelled


Intro to OH&SFebruary 9 & 10, 2017Cancelled due to low registration


Members given opportunity to go to Calgary or Edmonton

Basic Conflict ManagementFebruary 16 & 17, 2017Cancelled due to low registrationMembers given opportunity to go to Calgary or Edmonton

Labour History 1Introduction to Worker's History = 22

RegisteredFebruary 22 & 23, 2017 0 Cancelled

0 No Show1 Incomplete21 Attended

Contract Interpretation = 22 RegisteredFebruary 24, 2017 0 Cancelled


Intro to Politics = 29 RegisteredFebruary 28 & March 1, 2017 8 Cancelled


Intro to Your Union = 18 RegisteredMarch 8, 2017 2 Cancelled


Basic Conflict Management = 18 RegisteredMarch 14 & 15, 2017 2 Cancelled


Edmonton

Intro to Your Union = 24 RegisteredFebruary 7, 2017 0 Cancelled


Intro to Politics = 20 RegisteredFebruary 9 & 10, 2017 1 Cancelled


Intro to OH&S = 24 RegisteredFebruary 16 & 17, 2017 0 Cancelled

1 No Show


1 Incomplete22 Attended

Basic Conflict Management = 23 RegisteredFebruary 22 & 23, 2017 0 Cancelled


Contract Interpretation = 26 RegisteredFebruary 24, 2017 0 Cancelled



RegisteredFebruary 28 & March 1, 2017 7 Cancelled



RegisteredFebruary 28 & March 1, 2017 10 Cancelled


Intro to Your Union = 30 RegisteredMarch 8, 2017 3 Cancelled


Intro to OH&S = 30 RegisteredMarch 14 & 15, 2017 0 Cancelled


Online Introduction to Your Union

Online Introduction to Your Union = 27 RegisteredJanuary 23 – February 6, 2017 0 Cancelled


Total number of AUPE members who took courses since last reporting is:

302

OH&S Conference


Date: April 27 & 28, 2017

Location: Coast Edmonton Plaza Hotel, 10155 - 105 Street NW

# of Applications Received: 295# of Delegates Attending: 247 (183 @ AUPE Expense and 64 @ Local Expense)

COPA Conference

Date: June 12 & 13, 2017

Location: Radisson Hotel & Convention Centre 4520 - 76 Avenue Edmonton, AB

Online Application Opened: March 1st, 2017Application Deadline: March 31, 2017# of Apps Rec'd (to date): 53 (as of March 15, 2017)

Labour History 1 – Introduction to Worker’s History

Since last P.E. meeting, AUPE has delivered three sections of "Introduction to Workers' History." Most students provided positive written reviews, including statements like: "I did not think I would like this course, but thank you, it has made me want to learn more," and; "everything about this course was a big eye opener." Members further positively evaluated: the animated video series, accessing materials using tablets, presentation by a guest labour historian, and the independent study approach. The Alberta Labour History Institute provided support developing the course, including instructor training.

ORGANIZING

Covering activity from January 13 to March 16, 2017

External Organizing • Saint Elizabeth Health Care: Saint Thomas Health Centre certification granted by LRB February 24 th,

2017, 115 members (Healthcare Local 04

Negotiations Support

Healthcare units:• Alberta Health Services GSS and ANC• RC Well Being Services (Millrise) Ltd., Millrise Place, Calgary• HCN Revera Lessee Edgemont Calgary and Aspen Ridge, Red Deer• Seasons Retirement Ltd. Sunrise Village, Olds and Wetaskiwin • Points West Living: Century Park, and Heritage House Vegreville, Stettler and

Slave Lake• Chantelle Management: Waterford Edmonton, Sunset Manor Innisfail, and


Columbia Lethbridge.• CBI Edmonton• Covenant Care Beaumont and St. Marguerite, Calgary• Capital Care ANC 6 sites, Edmonton• Brenda Stratford Association Clifton Manor, Calgary• AgeCare Walden Heights Seniors Community Ltd.: GSS Calgary• *Lock out: Points West Living Cold Lake - locked out since December 16,

2016

Boards and Agencies: • Carillion North and East Alberta

Education:• Evergreen Catholic Separate Regional Division #2

Strikes/Lockouts:• Points West Living Cold Lake• March 25 will mark these members 100 days on the line. They will have a BBQ

and ask any supporters have are available to join them.• Members will begin door knocking in Edmonton in 2 constituencies March 21

with a petition and a handout. • Please visit www.pwlprobe.com to learn more, and sign a letter.• PWL Cold Lake members thank all brothers and sisters who have visited their

line as this is where they feel most supported.• They had a education day March 9 where 21 of them took Intro to the Union

course.• 2 town halls with assistance from The Anti Privatization Committee and

Regional VP’s were held. Where the documentary “Numbers on a Page” was shown along with videos of PWL locked out members, followed by a panel that included representatives the VP of The Anti Privatization Committee, PWL locked out members and Friends of Medicare.

• Town halls will continue in the coming months in other communities with PWL sites in them.

Mobilizing support• Organizing continues to be involved with ongoing strategic planning for groups

within AUPE taking on workplace or Local/Chapter specific issues.

Education• Facilitators for Core courses Introduction to the Union, Introduction to Politics,

and Introduction to Labour History as well as facilitating Negotiating Team Orientation with Negotiators.

Committees• Staff advisors for Young Activists, and COPA committees.

Campaigns

The Electronic Grey Card Project

The Electronic Grey Card project is continuing to target sites – with days on site


altered to reflect capacity as well as number of members working on site.

We were onsite at Centre from January 30th to February 2nd. We updated 92 records and had three members from other sites there. We also learned that will all the restructuring, a lot of the worksites listed for members are not correct or are fluid. This may change our approach with lists moving forward.

I am working with a property manager in the Dept. of Infrastructure to identify buildings that are being re-structured. There may be an opportunity to be present at the Department of Infrastructure and Transportation AGM in May.

The next identified buildings are Petroleum Plaza (with over 600 members as of current records) and 44 Capital Blvd building (with 338 members as of current records)

We will continue to build team membership and visibility for the project.

CBI Homecare

We have set up six letter writing events for members to sign and write letters that will be sent to the Health and Labour ministers. This gives an opportunity for smaller family friendly get-togethers that are flexible for the membership allowing for a more real test of interest in action. It also works to empower the members in challenging authority on unfair labour and health care practices.

There have been two events hosted: February 21st and March 9th. Both events were poorly attended, so it has been decided to change outreach methods. It is planned to have members of the bargaining committee outside the CBI office on Friday and Thursday afternoons to speak to members as they come in to collect materials and schedules. They will have copies of the letter for members to sign.

The letter to the Minister of Health is focused on asking for AHS to close the gap between the pay given to workers and the funding received by CBI. The letter to the Labour Minister will request an investigation into the financial penalization of vacation and/or bereavement leave.

The public letter is near completion, and once the final draft has been approved it will be put onto a public campaign page to encourage the public to act in solidarity with CBI members.

LABOUR RELATIONS BOARD AND COURT ACTIVITY

UNFAIR LABOUR PRACTICE & BARGAINING IN BAD FAITH COMPLAINTS

Capital Care Group: On March 27, 2015, AUPE filed a common employer application and a bad faith bargaining complaint affecting Capital Care Group and alleging violations of 2(d) of the Canadian Charter of Rights and Freedom. A hearing was held on May 30, 2016. The LRB dismissed the common employer application. AUPE and UNA are proceeding with action to argue. Additional dates have been scheduled for September 29 and 30, as well as October 17 and 18, 2016. A conference call was scheduled for September 15, 2016. The conference


call was to address the parties’ positions with respect to the UNA document production application and any outstanding case management issues. The October hearing was cancelled, with new dates scheduled for April 21 and May 29, 2017. On October 19, CUPE requested a conference call to address the continuation of the hearing.

Alberta Pensions Administration Corporation: An application for a Compulsory Arbitration Board was filed. The Union has appointed Jim Petrie to act as a member of the CAB. The parties have selected Mr. Andrew Sims, Q.C. to act as Chair.

Carillion Canada Inc.: On October 4, 2016 AUPE filed an unfair labour practice complaint on behalf of an employee affecting Carillion Canada Inc. The Union alleges that on July 18, 2016 the employee (a member of the bargaining unit) was advised by the Employer that a complaint of sexual harassment had been lodged against him. The employer initiated a formal investigation into the matter. At no point in the process was the member advised that he had a right to Union representation. The Union also alleges that none of the employees interviewed as part of the investigation were represented by the Union before, during, or after the investigative meetings. A Resolution Conference was held on November 7, 2016 with hearing dates scheduled for March 6-10, 2017. A Case Management Conference Call was held on March 1. The Vice-Chair of the ALRB advised the parties to indicate if they wish to use part of March 6 for a Resolution Conference. Prior to March 6 the Union requested to adjourn the hearing so that it can file amendments to the complaint relating to alleged breaches of the Labour Relations Code concerning two other bargaining unit members recently terminated. The hearing was adjourned and rescheduled for April 24, 25 and May 4, 5, 8, and 9, 2017.

HCN Revera Lessee: On October 5, 2016 AUPE filed an unfair labour practice complaint affecting HCN-Revera Lessee (Aspen Ridge) LP by its general partner HCN–Revera Lessee (Aspen Ridge) GP Inc. The Union alleges that the employer has violated Sections 60(1), 61(1) and 147(3) of the Labour Relations Code. Specifically, AUPE alleges that each single instance of a single employee being forced to come in to the workplace, or any other place, and select new life positions, shift positions and schedules as laid out in the memorandum of October 3, 2016 from Mr. Reg Bernier to “All Hourly Employees”, are each violations of the Code. AUPE also alleges that the employer’s disregard and failure to provide authorized solicitation requests to the Union, made under the auspices of s. 60(1) of the Code, are also further indications of this employer’s willingness to simply ignore the provisions of the Code. The parties are currently in settlement discussions. They are both in agreement to hold this file in abeyance pending the results of those discussions.

Points West Living Cold Lake Inc.: On November 9, 2016 the Union filed an unfair labour practice complaint affecting Points West Living Cold Lake Inc. The complaint alleges that the Employer has violated Sections 60 and 148 of the Labour Relations Code. The complaint relates to paid and unpaid suspensions as well as corrective actions imposed on two AUPE members regarding the posting of a meeting notice at the workplace. The complaint alleges the Employer failed to offer or provide Union Representation to the two members, thus breaching the


Union’s right to represent it’s members. The complaint also alleges that the penalty imposed on the two members by the employer was intended to denigrate the Union in the eyes of it’s members, to reduce the Union’s bargaining effectiveness by penalizing two members of it’s bargaining committee and is a demonstration of bargaining in bad faith. A Resolution Conference was scheduled for February 13, 2017 and has since been adjourned with new hearing dates scheduled for May 16 and 17, 2017.

Points West Living Century Park Inc.: On November 22, 2016 the Union filed an unfair labour practice complaint affecting Points West Living Century Park. The Union alleges that the employer violated Sections 46, 60 and 148 of the Labour Relations Code by refusing to provide to the Union certain details of the new owner of the Century Park facility. The Union alleges that this refusal to provide information is a violation of the requirements under the Code, related to the sale of a business, and is a violation of the Union’s representational rights and attempts to negotiate a Collective Agreement. A Resolution Conference has been scheduled for March 17. The parties are requested to send their representative with authority to settle the dispute. A hearing is scheduled for May 1 and 2, 2017 should the matter not be resolved.

Walden Heights Seniors Community Inc.: On December 6, 2016 the Union file an unfair labour practice complaint affecting Age Care Investments Ltd – Walden Heights Seniors Community Inc., alleging that the Employer has violated Sections 60, 147, 148 and 149 of the Labour Relations Code by advising employees that their schedules would be radically changed and that such changes would be unilaterally implemented without consulting the Union or the employees. The Union alleges that such modification by the Employer was carried out to punish the employees for choosing to unionize and is designed to undermine and delegitimize the Union and the collective bargaining process. A Resolution Conference was held on January 6, 2017 with hearing dates scheduled for February 15-17, 2017. Subsequent to the Resolution Conference, the parties agreed to adjourn the hearing sine die, thus the hearing dates for February 15-17 have been cancelled.

Points West Living Cold Lake Inc.: On March 7, 2017 the Union filed an Unfair Labour Practice complaint affecting Points West Living Cold Lake Inc., alleging violations of the Labour Relations Code, in particular prohibited practices by and Employer and dispute related misconduct. The Union alleges the Employer assigned and directed an employee of a private security company to attempt to harass and intimidate the picketers in an attempt to interfere with or break up lawful activities in respect to a strike or lockout. A hearing has been scheduled on this matter for March 22.

ARBITRATION DECISIONSArbitration files opened during time period: 28Arbitration files closed during time period: 11

ADVOCACY

Licensing – total of 32 files currently open


Human Rights: 6 files currently open

Health and Safety Issue Reporting Forms received and responded to: 31

LTDI – HEALTH CARE:

Two appeals outstanding, awaiting responses from insurance carrier.

LTDI – BOARDS & AGENCIES:

5 appeals with decisions pending

LTDI – GOA:

2 appeals won4 appeals with decisions pending

NEWLY CERTIFIED

St Thomas Health Centre: “All employees”.

RESEARCH

Significant work continues in collaborating with Communications on developing materials for members and the public to frame and understand the budget, economy and overall context of bargaining and labour relations. The department is also involved in preparing for and participating in other government processes including reviews of legislation and social service delivery. Staff have continued work in preparation for this bargaining round with analysis of contract clauses and language and financial and economic information. Ongoing work continued in the preparation of economic scans and reports, GRB and legal research support for D&A and in FOIP and corporate record search requests, including streamlining and establishing internal processes for efficiency. Members of the department continue to collaborate with partners like the Parkland Institute to produce research and reports on a range of provincial issues.

COMMUNICATIONS

Bargaining

Provided communications support to the following bargaining tables: Points West Living (all sites-- Slave Lake, Stettler, Heritage House/Century Park and Cold Lake), AgeCare Walden Heights 048/031, Chateau Vitaline 040/013, GOA Bargaining Committee (001 through 012), AHS GSS (054, 056, 057, 058, 095), Well Being Services (Millrise) Ltd. 048/034, Covenant Health GSS (040), Sunset and Innisfail Country Manors (048/022), AHS ANC (041, 043, 044, 045, 046)

Locals and Chapters


Assisted Local 001 Chapters 031 and 034 with AGM RSVP forms. Emailed/mailed multiple chapter AGM notices and/or created posters. Work continues with Local 006 Workplace Assessment model. Providing communications support to Local 006 poster campaign. Providing communications support/oversight of Alberta government’s child intervention review panel and will support Local 006 member presentation, along with the creation of a briefing document to submit for the panel.

Direct Impact

Spring 2017 issue in progress and on schedule. Will be mailed by end of March.

Committees

Support for Pension committee (advertising seminars to members), COPA (updated forms for municipal election season), Environmental Committee, Anti-Privatization committee

AUPE.org and online propertiesNew homepage design implemented mid-March. New stoptheripoff.ca landing page created highlighting issues with private seniors care. Additions done to pwlprobe.com to support lockout. Working with Lift to create new Direct Impact landing page on aupe.org for members’ greater ease in accessing magazine content electronically. Advertising

Advertising continues in Alberta Venture, Mill Woods Mosaic, and Fishing + Trapping regulation guides. Working with Fish & Wildlife members to cerate new video ad. Sponsorship of ACSA Conference and Curling Championships are providing AUPE with multiple cross-medium advertising opportunities, including direct outreach to public. Online ads supporting PWL Cold Lake launched.

Centennial Project

Have initiated outreach to encourage AUPE components to document their specific histories, and profiled the first of these (for Local 095) in Direct Impact.We are currently researching and writing a multi-themed history piece in a magazine format which will profile essential elements of AUPE and general labour history.Our research working group is currently looking at creating historic displays for AUPE boardrooms and offices. We continue to assist Education with the development of the newly created labour history curriculum. We have also begun discussions of an interactive project website.

Education

Facilitation for Introduction to Politics course, Intro to Labour History course, including Athabasca University and other professional development. Preparation for Labour School including Centennial programming a Mutual Respect facilitation. Communications assistance for OHS Conference, COPA Conference.


Other

Budget release preparation, strategy on media messaging in development, with plans for editorial boards and op-ed in major dailies. Communications support: Throne Speech.

Film and Media

-9 online Cold Lake ads created -Preparation for larger TV Campaign-More involved with photos, photo campaigns, and social media posts-DI Cover shoot-Cold Lake footage-Throne Speech coverage-A/V Facilitation for PWL screenings of Numbers on a Page-Put together supplementary Cold Lake video to attach to Numbers on a Page Screenings

AUPE PRESS RELEASES/MEMBER UPDATES

AUPE celebrates Black History Month Feb 1, 2017 Locked out Points West Living workers and supporters to rally in Edmonton

Feb 2, 2017 Rally to say no to Islamophobia at the Calgary United States consulate Feb 2, 2017Wildrose seek to further economic hardships with wage freeze call Feb 2, 2017Points West Living evades locked out workers, but rally will go ahead Feb 3, 2017Points West Living Solidarity Rally Feb 6, 2017Bargaining Update: AHS ANC Telephone Town Halls and Mediator's Package

Feb 6, 2017Environmental Committee challenge of the month - Sustainable celebrationsFeb 6, 2017Bargaining Update: Local 047/036 Rivercrest Lodge Feb 10, 2017AUPE echoes family concerns following death of Points West Living residentFeb 15, 2017Bargaining Update - Points West Living, Local 047/010, 012, 017, 040 & 046Feb 17, 2017IMPORTANT: Ballots due soon for AHS Nursing Care Feb 23, 2017St. Thomas caregivers join Alberta’s largest union Feb 28, 2017AUPE president responds to Speech from the Throne Mar 02, 2017

Alberta’s largest union celebrates Social Work Week Mar 06, 2017Important member update - Alberta Health Services ANC Mar 07, 2017Statement on International Women’s Day Mar 08, 2017 AUPE Presents Information on Your Pension Mar 08, 2017Member update: AHS Nursing Care ratification FAQs Mar 08, 2017Changes coming to AUPE website – possible outage Monday March 13 Mar 10, 2017Important Member Update – Alberta Health Services ANC Mar 10, 2017Member update – AHS Nursing Care – retro pay info Mar 15, 2017

negotiationss_report_april.docx · web viewseasons retirement community (encore) lp (olds) exchange...

Documents