As reported previously, on October 26, 2020 AUPE members working for Alberta Health Services engaged in collective action to leave work and express their frustration with their employer. These workers were facing unprecedented workloads during the COVID-19 pandemic, while at the same time being told by government that their jobs were in jeopardy as AHS took an increasingly hostile position in bargaining. The message from workers was clear: enough is enough.
This message for AHS, for government and the public has been found by the Alberta Labour Relations Board to constitute an illegal strike. As a result of the job action, AHS applied to the Labour Relations board to suspend AHS’s obligation to collect and remit dues to AUPE. AHS was seeking the maximum allowable dues suspension of six months.
On July 12, 2023 the Labour Board issued its decision and confirmed that the job action was an illegal strike, also concluding that AHS should suspend dues collection and remittance to AUPE for one month.
AUPE is disappointed in the Board’s decision to implement this discretionary suspension of dues collection. Even where an illegal strike has happened, there is no automatic dues suspension, and the Board has previously refused to impose one. AUPE argued that no dues suspension should be imposed in these circumstances.
Despite this disappointing outcome, AUPE is pleased to note that the Board considered AHS’s characterization of the strike to be over-the-top, as was their request for a six-month dues suspension. The Board also rejected AHS’s assertion that AUPE orchestrated the illegal strike. AUPE has given instruction to legal counsel to appeal the Board’s decision in an application to the Court of King’s Bench.