AUPE posts Labour Relations Board consent order
RE: In the matter of a complaint pursuant to Section 16(1) of the Labour Relations Code, R.S.A. 2000, C. L-1, brought by Alberta Health Services (hereinafter referred to as the “Employer” or the “Applicant” or “AHS”) affecting Alberta Union of Provincial Employees (hereinafter referred to as the “Union” or the “Respondent” or “AUPE”), its officers, representatives, members, and any persons authorized by the union.
DIRECTIVE
Preamble
Whereas on February 16, 2012, the Applicant, Alberta Health Services, filed complaints with the Labour Relations Board (the “Board”) alleging violations of Sections 71 and 96(2) of the Code, by the Respondents and seeking certain relief.
And whereas the complaints are in respect to AUPE and employees of Alberta Health Services described under Certificate 17-2012 as “All employees when employed in general support services except..” at facilities throughout the province (the “GSS bargaining unit”).
And whereas AUPE denies that it or its representatives engaged in unlawful activity;
And whereas AUPE neither consents nor opposes the application;
And whereas the Board has afforded the parties an opportunity to be heard on all matters addressed herein.
Findings
1. On February 16, 2012 employees of AHS in the GSS bargaining unit represented by AUPE, including some shop stewards of AUPE have engaged in illegal strike activity contrary to the provisions of the Code.
Therefore, the Board makes the following directives under sections 71, 86 and 96(2) of the Labour Relations Code.
DIRECTIVES
2. Any illegal strike action involving employees in the GSS bargaining unit, AUPE and its members shall immediately cease.
3. AUPE, its officials, representatives, members, employees and other persons acting on its behalf, and all affected employees in the GSS bargaining unit are prohibited from threatening, calling, authorizing, encouraging, participating and engaging in strikes or withdrawing their services.
4. The Labour Relations Board directs, under section 88(2) of the Labour Relations Code that the Findings and Directives be filed in Court as soon as possible. Once filed, these Findings and Directives are enforceable as on Order of the Court and, if violated, may result in civil or criminal penalties, including contempt of Court.
5. Service of this order, once filed as an order of the Court, may be effected upon AUPE, by personally serving a responsible official of AUPE, or by delivering the document to AUPE’s office in Edmonton, addressed to the attention of a responsible official, or by transmitting the document by telecopier to the attention of a responsible official of AUPE. Those notices or directive shall have added to them, in bold print, the words:
“This order has been filed in the Court of Queen’s Bench – Action No.____. It is now enforceable as an order of the Court.”
AND THE BOARD MAKES THE FOLLOWING PROCEDURAL DIRECTIVES:
6. AUPE shall forthwith notify its executives, local officers, members, staff and affected employees of their obligation to comply with the foregoing directive. Such notice shall be given by posting copies of this directive on all Union bulletin boards at the workplaces of GSS bargaining unit employees and on AUPE’s internet website and by delivering a copy of this directive to the executive of AUPE and all of its locals, their staff and bargaining committees. A responsible official of AUPE shall confirm compliance with these requirements in writing to the Board’s Director of Settlement.
7. These Findings and Directives may be served by the Applicant by personal service, or by posting on Employer or AUPE bulletin boards at the Applicant’s various facilities, or by personal service on a member of AUPE’s provincial Executive.
8. Any person or party affected by these Findings and Directives may apply in writing to vary its terms by applying to the Labour Relations Board and giving notice of their application to all other parties.
ISSUED and DATED at the City of Edmonton in the Province of Alberta this 16th day of February, 2012 by the Labour Relations Board and signed by a Vice Chair
Lyle Kanee
(original signed)