New Board determined that the latest Employer’s hospital and people wellness teams, in support and you may paramedical groups, is remain in independent gadgets nowadays. As well, the fresh new Panel are reluctant to merge these devices because it would bring about group which have a straight to struck becoming along side personnel sure to not strike. Thereon section, the fresh Panel kept one to s. 94(1)(b) of one’s Code will not take away neighborhood fitness employees’ proper to hit or even the employer’s right to lock-out. The brand new Panel would rather an interpretation out-of s. 94 one didn’t interfere with you to definitely vested correct. Accordingly, a local wellness power wasn’t an employer who “works a prescription medical” with the the total amount this personnel neighborhood fitness employees unconnected with the health surgery.
Bargaining liberties have been already held by the about three locals off Joined Nurses out-of Alberta (“UNA”) as well as the Alberta Relationship of Provincial Personnel (“AUPE”)
The latest Panel learned that the present web site-certain general support products regarding Employer’s healthcare facilities had been don’t compatible. There was a high amount of providers combination and you can evidence of intermingling ultimately causing troubles inside administration of your own cumulative plans, especially in mention of the maintenance professionals. Accordingly the fresh certification apps to have website-specific general service gadgets had been dismissed and you can existing permits should be getting consolidated to the a location-broad certificate. The present district-built general support products for the neighborhood fitness, however, stayed compatible. There clearly was very little intermingling away from assistance teams between fitness units.
The present medical paramedical technology negotiating units were no further compatible. Again there are a high level of company combination and you may significant intermingling regarding research auto mechanics, lab personnel and other mechanics, ultimately causing appreciable difficulties applying the several collective arrangements. An excellent consolidated, region-wide unit was suitable. There can be, but not, no proof intermingling employing hospital alternatives to help with an excellent merger out of health and you may community health products.
Nor was indeed the existing health paramedical top-notch bargaining gadgets compatible people expanded. There were each other company combination and you can tall personnel intermingling. While the involving the earlier wellness devices, the data try that there are certain intermingling of paramedical tech personnel, and you may somewhat high intermingling of paramedical elite staff. Since the tech and you can elite group employees were shared regarding the Board’s simple paramedical negotiating equipment, the present area-established negotiating equipment with which has each other communities came into existence poor and really should become replaced by the a region-large people fitness paramedical equipment.
Accordingly, the fresh new Panel (a) terminated its permits layer medical paramedical tech staff and you may changed it that have a local-greater certificate naming HSAA as negotiating agent; (b) revealed that a district-greater certification create topic having medical general assistance group. It deferred the questions at which union are definitely the negotiating broker and you can whether or not a ballot could be required, pending arrangement or evidence of the brand new numbers of professionals represented by the for every bargaining representative; (c) indicated that a region-large certificate do topic having medical paramedical professional staff, again deferring devotion of negotiating representative pending evidence of the new level of personnel on HSAA and non-commitment groups; (d) amended existing certificates to own people fitness assistance team to call brand new local wellness authority since company; (e) revoked present people fitness paramedical permits and you may changed it that have an effective region-broad certificate naming HSAA due to the fact negotiating broker; and (f) dismissed the degree programs. The brand new unfair labour practice complaints was basically withdrawn.
Case: Eastern Central Regional Fitness Expert 7 and Alberta Partnership from Provincial Teams, Local 57 and you can Joined Nurses of Alberta, Residents 42, 88 & 126
Eastern Main Local Health Authority 7 (brand new “Employer”) applied to getting declared the newest replacement company in order to five regional boards out-of wellness, out of just who they got inherited every otherwise part of five health systems in the process of health care regionalization. It needed a choice one to just one area-greater unit out-of society wellness nurses are the proper negotiating tool. New unions objected your earlier bargaining systems remained suitable. In the beginning of hearing, Una objected towards composition of the panel to own worry out-of bias. That panellist had supported into panel of 1 of Employer’s ancestor wellness equipment eleven in years past, through the an emotional commercial conflict associated with members of La.