By Alexander Delorme, Communications Staff
There is a long and proud history of strikes in Alberta.
Workers in this province have never shied away from a good fight. Some examples include the province-wide coal miners’ strike in 1919; AUPE’s Apples and Oranges strike in 1980; the Local 006 strike of 1990; the countless AUPE members at continuing care sites who hit the pavement throughout the last decade; and the recent wildcat strikes by health care workers and correctional officers.
“Going on strike is one of the most powerful actions we can take to stand up for ourselves,” says AUPE Vice-President James Gault. “There are other forms of job action out there, but withdrawing our labour can really force our employers to give us what we deserve.”
But not all workers in Alberta, including most AUPE members, have always had the legal right to strike. That changed in 2015, when the Supreme Court of Canada ruled that the Canadian Charter of Rights and Freedoms protected the right to strike.
“Going on strike is one of the most powerful actions we can take to stand up for ourselves."
The Supreme Court's decision forced the Government of Alberta to change the province’s legislation and enshrine our legal right to strike. Many considered this a victory for the labour movement and workers everywhere.
But there is—surprise, surprise—a catch. AUPE members working in government services and health care now have the legal right to strike, but can only do so once they secure an Essential Services Agreement (ESA).
What is an ESA?
An Essential Services Agreement is an agreement between AUPE and an employer. That sounds obvious, but what does the agreement mean? In short, an ESA lays out the duties deemed essential to protect Albertans’ lives, health, and safety at a worksite in case of a strike or lockout.
“Every job AUPE members do is essential, of course,” says Gault. “But ESAs use a very technical definition of ‘essential’ to determine who can go on strike and who must continue to work to protect Albertans. It’s just the word they use. It doesn’t reflect on the critical importance of your job.”
An ESA must be successfully negotiated between AUPE and your employer before a legal strike or employer-imposed lockout can happen. It is easy to see how important negotiating ESAs have become now that they are part of our union’s new reality.
"If AUPE’s ESA staff hear your feedback, we can negotiate an agreement that allows you to strike more effectively.”
AUPE has an entire Essential Services department with staff dedicated to negotiating these agreements, but they cannot create effective agreements without feedback from members. AUPE relies on members like you to tell us about your worksite and the duties you perform. The information you share—from your unique perspective—helps create the ESA.
“Your employer could say almost everyone at your worksite is essential,” says Gault. “If we took their word for it, the picket line at your workplace would be too small to even consider a meaningful strike. But if AUPE’s ESA staff hear your feedback, we can offer a counterproposal and negotiate an agreement that allows you to strike more effectively.”
What is next for our ESAs
Many of AUPE’s ESAs are near completion. The Government of Alberta and Alberta Health Services agreements have received extra attention to be ready for this year’s huge round of bargaining, but rest assured, every member who needs an ESA will get one.
If you have not participated in an ESA consultation with AUPE staff, the best way to get involved is to contact AUPE’s Member Resource Centre at 1-800-232-7284 and ask them to direct you to an ESA officer. They can update you on the status of your ESA and let you know how your feedback can help.
Needing Essential Services Agreements may seem like just another new step in our collective bargaining process, but they also mean we will be prepared if we are forced to take action. And that is an encouraging thought.