Government’s announcement of Recovery Alberta disrupts UNA bargaining with AHS

Alberta Health Services’ response to the Alberta Government’s announcement about its intention to create Recovery Alberta, the new provincial mental health, addiction, and correctional services organization, has complicated ongoing negotiations for a new Provincial Collective Agreement between United Nurses of Alberta and AHS and other health care employers.
 
Past Alberta Labour Relations Board rulings mean that when work is transferred from one employer to another – as will be the case when affected AHS work is transferred to Recovery Alberta – the employee becomes the employee of the new employer as if no change had occurred unless the parties to the agreement had negotiated separate provisions in the event of a transfer of services.
 
In fact, UNA and AHS have negotiated separate provisions in the event of a transfer of services – Letter of Understanding #4, Re: Transfer of Programs – which is attached.
 
Letter of Understanding #4 gives transfer and displacement rights to UNA members who are directly affected by transfers of programs. It also provides rights to those indirectly affected.
 
It was the AHS Bargaining Committee’s unwillingness to acknowledge or discuss the provisions of Letter of Understanding #4 that led to its decision not to sit down with UNA’s committee Thursday morning as planned and instead to correspond solely by email.
 
Initially, AHS claimed via email it needed to conduct a “comprehensive review of the matter” and was aiming to provide UNA with information next week.
 
Later in the day, it claimed that it would be premature to answer any specific questions until after June 3, when it is expected that the government will bring in new legislation to establish the corporate structure of Recovery Alberta. The final email from AHS sent the message that the AHS bargaining committee was willing to meet to discuss the “stand up of Recovery Alberta” but that it would be “premature to answer any of UNA’s specific questions.”
 
UNA has written Premier Danielle Smith and Mental Health and Addiction Minister Dan Williams urging them not to use such legislation to arbitrarily interfere with the negotiated rights of UNA members.
 
Considering the announcement of the Recovery Alberta organization, UNA has also asked AHS to disclose any activities underway regarding service or staffing changes related to the other planned health care organizations, primary care, acute care and continuing care.
 
According to the government, UNA members employed by the other employers covered by the Provincial Collective Agreement – Covenant Health, Lamont Health Care Centre, and The Bethany Group (Camrose) – are not impacted by the creation of Recovery Alberta.
 
So, while mental health and addiction employees of Alberta Health Services will be transferred to Recovery Alberta, the government has said mental health and addiction employees of Covenant Health and The Bethany Group (Camrose) will not.