Court upholds AUPE request for injunction halting transfer of medical Corrections staff to AHS
EDMONTON – An Alberta Court of Queen’s Bench judge today granted an interim injunction sought by the Alberta Union of Provincial Employees to halt the transfer of 186 medical services staff to Alberta Health Services from Correctional Services.
AUPE’s legal counsel appeared before Mr. Justice K.D. Yamauchi on Monday, March 29. The transfer had been scheduled to take place tomorrow.
The injunction prevents the transfer of the medical services staff from the Solicitor General and Public Security Department until an Arbitration Board has rendered a decision on a union policy grievance contesting the transfer of services to AHS.
In its policy grievance, AUPE argues that the transfer violates the collective agreement between AUPE and the government of Alberta and asks that the employer stop the transfer and enter into meaningful discussions with the union regarding medical services in Correctional facilities.
AUPE further argues that the plan to abolish jobs with the Solicitor General Department and transfer those positions to AHS is a sham and that in fact the Solicitor General and Public Security Department will remain in control of the employees and therefore continues to be the true employer.
In addition, AUPE argues that the transfer is not allowed under the Public Service Employment Regulation, and further that by failing to disclose the plan to the union during the bargaining process the employer failed to bargain in good faith and the transfer must be halted until it can be dealt with in bargaining. AUPE also argues that the Cabinet order that enabled the transfer is illegal and outside the jurisdiction of the cabinet.
The arbitration hearing took place on five days in February and March. The arbitration is scheduled to continue on April 20.
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