AUPE to appeal and seek injunction of Court of Queen’s Bench decision on transfer of Correctional Services medical staff
EDMONTON – The Alberta Union of Provincial Employees will request an injunction from the Alberta Court of Appeal to halt any action by the employer following a July 9 Court of Queen’s Bench decision to allow the transfer of Correctional Services medical staff to Alberta Health Services.
AUPE will also file an appeal of the Court of Queen’s Bench decision. AUPE is asking the employer to delay any action to transfer the employees until the Court of Appeal has had an opportunity to hear from the union.
AUPE will continue to act as the representative of the affected members unless or until it is notified that the members have been transferred to AHS.
The Court of Queen’s Bench had granted a temporary stay of its decision to allow the transfer, which expired the evening of Wednesday, July 14. The Court of Queen’s Bench denied AUPE’s application to have the stay extended, instructing the union that it could seek an injunction at the Court of Appeal.
Background
Correctional Services medical staff, employed by the Solictor General and represented by AUPE, were informed by their employer on Apr. 22, 2009 that their positions would be abolished and that health services in correctional facilities would be provided by Alberta Health Services effective Ap. 1, 2010.
Despite the position abolishments, employees and AUPE were also informed that it was the intent of the government of Alberta and AHS to offer the employees employment with the health board doing the same work in the same locations as the day before.
AUPE had not been informed of this major operational plan affecting its members during the negotiations for its current collective agreement, which expires on Aug. 31, 2010.
On Mar. 31, 2010, an Alberta Court of Queen’s Bench judge granted an interim injunction sought by AUPE halting the April 1 transfer of the employees until the arbitration board made its ruling.
An arbitration board ruled Apr. 26 that the transfer must be halted until a new collective agreement was negotiated between the union and the government of Alberta.
The arbitration board’s Apr. 26 ruling was made in response to a grievance filed more than a year ago by AUPE on behalf of 186 Correctional Service members employed by the Solicitor General Department to provide medical and psychological services in provincial adult and young offender correctional facilities.
The board’s decision was appealed to the Court of Queen’s Bench by the government of Alberta. On July 9, the court overturned the arbitration board’s decision.
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