Board says union had a chance to do strike 'legally'
The Alberta Labour Relations Board (ALRB) recently dealt with a case involving an employer who argued that the illegal strike of its employees was a violation of the Labour Relations Code.
In its defence, the Union argued that the strike was an “organic display” of unhappiness by the Union’s membership.
Events leading up to the strike
Around the first week of October 2020, the Union held several town hall meetings to provide its members with a bargaining update and provide an opportunity to ask questions to the Union’s executive.
The case noted that the town hall meeting resulted in a mixed message among the Union’s members.
“On the one hand, they were told that negotiations, paused during the pandemic, were still to come and that strike action might be necessary if negotiations later failed,” the Board noted.
“However, on the other hand, members were informed there was a real prospect of illegal strike action, and it was clear that employees who engaged in such action would be supported by the Union,” it added.
Rumors of possible job action started to spread after a series of town hall meetings, and, eventually, on October 26, 2020, members of the Union started illegal job action in medical centers in Calgary and Edmonton.
From there, strike actions spread to different additional healthcare facilities operated by the employer. All in all, the strike happened at over 70 worksites.
“Among the staff members who did engage in the strike, their participation varied, with some missing entire shifts, while others missed a portion of their shift,” the Board noted.
“Overall, roughly 2200 employees participated in illegal strike action, amounting to over 14,000 hours of scheduled work lost,” it added.
The employer argued that the Union planned the illegal strike and did nothing to stop it despite knowing that it was illegal.
It further said that the Union’s actions during the strike were contrary to the Labor Relations Code stating, “No employees, no bargaining agent and no person acting on their behalf shall strike or cause a strike or threaten to strike or to cause a strike unless that strike is permitted by this Act.”
The employer also requested that an order be issued suspending the deduction and remittance of union dues about the two bargaining units for six months due to the illegal strike.
Meanwhile, the Union asserted that there is no evidence that it planned the illegal strike on October 26, 2020.
However, while the Union admitted that it failed to work to end the illegal strike as it should have, it argued that declaring a violation of the Labour Code is pointless in establishing a case for suspending dues.
Board’s decision
Ultimately, the Board found that the Union indeed violated section 71 of the Code about the strike that occurred on October 26, 2020.
It also directed the employer to suspend the deduction and remittance of union dues, assessments, and other fees payable to the Union by employees.
“That illegal strikes in the health care sector are serious is an indisputable proposition,” the Board noted. “They pose a tremendous risk to patients, residents, and the public.”
The Board also stated if the Union wanted to engage in strike action, it had the opportunity to do so legally, which it did not.
