Essential Service Agreements, Labor Action, and YOU
There have been some questions arising from members about what our rights are as paramedics when it comes to job action and what may happen if a collective agreement can't be negotiated at the bargaining table. Hopefully this post can answer some of those questions.
So first, what is a strike? Well a strike includes (1) a cessation of work, (2) a refusal to work, or (3) a refusal to continue to work, by two or more employees for the purpose of compelling their employer to agree to terms or conditions of employment. This can also be referred to as "job action" and it can take many different forms. A strike can involve walking off the job and forming a picket line. But it can also involve other actions such as work to rule, where workers slow down their work by following all policies to a strict interpretation or even collective actions to harm the employer such as collectively refusing to pick up voluntary OT.
When can a strike happen? Well a strike can be legal or illegal. In order to be in a legal strike position the following must happen:
1. Any collective agreement between the union and the employer must be expired.
2. The parties must enter into collective bargaining.
3. The parties must work with a government- appointed mediator.
4. A 14-day cooling-off period must elapse following mediation.
5. A Labour Board-supervised strike vote (unions) or lockout poll (employers) must be taken and a majority of those voting must agree to the strike or lockout.
6. One party must serve the other (as well as the mediator) with 72 hours of notice before the strike or lockout commences.
We are currently at step 2 of this process and hopefully a deal can be reached without having to go further. You will also note that step 5 says that a majority of workers voting must vote in favor of a strike. But as a union, we do not want to hold a strike vote unless we know that we are going to have 90%+ vote in favor. This is because any amount less than that looks weak and shows that we lack the solidarity to win through a prolonged strike. Think about the different messages a 51% in favor strike vote sends to the employer vs a 97% in favor strike vote.
If the above requirements are not met, then any job action is considered illegal. This means the Alberta Labour Relations Board can order the workers to cease the job action, those participating can be disciplined by the employer and the union can be fined. In October 2020, several AUPE local units walked off the job suddenly in a wildcat strike. This is a strike done without union leadership approval and done without being in a legal strike position. This wildcat strike lasted 1 day and they were ordered back to work by the Alberta Labour Relations Board. Hundreds of workers received workplace discipline and the union was later fine $1.6 million or the equivalent of 1 month worth of union dues at the locals involved as punishment. And that was a 1 day illegal strike. Keep in mind, that any collective action that we do as a local to protest against AHS could be considered illegal job action and our union could be fined and we could be disciplined.
So can healthcare workers legally strike if they meet the requirements? In 2015, the supreme court of Canada ruled that healthcare workers are allowed to strike provided that the life, personal safety or health of the public are protected. The way this requirement is met is through the negotiation of Essential Services Agreements (ESA). An ESA determines the minimum staffing levels for each profession that must be maintained to satisfy those requirements to protect the public. As paramedics, we are 100% essential and would not be able to have anyone walk off the job. However, a profession like physiotherapists would likely be able to have most of them walk off the job. Remember, our collective bargaining unit has over 150 professions and each one would have their own ESA.
If our collective bargaining unit went on strike, what would that look like for paramedics? Because we are 100% essential, we would all continue to show up to work as usual and we would continue to get paid. Our brothers and sisters who are deemed not essential would walk off the job and hit the picket line. They would not be getting paid by AHS. Our union has a strike fund to help pay for the cost of a strike, including providing strike pay for time spent on the picket line. But this strike pay is not much, especially compared to the wages we make in our collective agreement. To help with this, those of us who continue to go to work and get paid our normal wage would pay 30% of our gross wages to union dues instead of 1.4%. These extra union dues would help fund the strike. So as paramedics, our take home pay would be significantly less. But we are expected to stand in solidarity with those who have been allowed to walk off the job and it's our responsibility to help support them to keep our strike viable. Striking isn't meant to be pleasant or easy for anyone.
What is a scab? A scab is someone who crosses a picket line to work for an employer who's workers are on strike. It is the cardinal sin of the working class.
Would paramedics be considered scabs? No. Because we are legally required to show up to work as per the ESA. We are also paying increased union dues to support the strike.
What happens if I scab? Any member of HSAA who scabs will have to pay 100% of their wages as union dues. In other words you would be working for free. You would also likely be kicked out of the union. AHS might start offering big money to healthcare workers to come work during a strike. There could even be paramedic staffing agencies who offer big money contracts to work for AHS during that time. But any work outside an ESA would be considered a betrayal of the union and undermine a strike. It's the worst thing a union member can do.
Keep in mind as well, in order for a strike to be successful, especially as public sector healthcare workers, we need the public to support us. We need the public to view us as community allies to help put pressure on AHS to give in to our demands. This is tricky because we need to cause a headache for AHS by withholding our labour while also not pissing off the public by making it too difficult for them to access healthcare.
Please keep asking questions. It's important that we all understand the collective bargaining process and what our rights are. I hope we don't have to resort to job action but we also have to be aware that it's a possibility andunderstand what that means for us as paramedics. Hopefully this was informative.
Paramedics have the right to Refuse Dangerous Work
What Is a Dangerous Work Refusal?
A worker may refuse to work or to do work at a work site if the worker believes on reasonable grounds that there is a dangerous condition at the work site, or that the work constitutes a danger to the worker’s health and safety or to the health and safety of another worker or another person. The manager and worker will work together to remove the dangerous situation. If at any time you need more assistance with a dangerous work refusal, your Workplace Health and Safety Advisor can help.
What do you need to do?
Step 1: Worker believes there is a dangerous work condition.
Step 2: Worker promptly reports the work refusal to their manager or supervisor, along with their reasons they believe the work is dangerous.
Step 3: Manager and worker work together to assess the situation and determine if it can be resolved right away.
Step 4: If resolved: the worker goes back to work and an incident report is submitted in MySafetyNet.
Step 5: If NOT resolved: see the Dangerous Work refusal flowcharts below. Submit an incident report in MySafetyNet.
Step 6: Call your local Workplace Health and Safety Advisor if you need assistance.
Common EMS scenarios that may trigger a refusal of dangerous work
Violent scenes unsecured by Police
Defunct CO detector
Defunct portable radios
Defunct AC/Heating in ambulance
Absent PPE - Gloves / Eye Protection / Gowns / Respiratory protection
Please consult the Edmonton Zone EMS Hazard Identification Assessment and Control (HIAC) for further details on controls and equipment that have been implemented to keep you safe on the job.
Sources:
EZ EMS HIACs - https://www.ahsems.com/secure/training/getFile.jsp?id=983102
Dangerous Work Refusal Program - https://insite.albertahealthservices.ca/hr/Page4818.aspx
AB OHS - Refuse Dangerous Work - https://www.alberta.ca/refuse-dangerous-work
Pressure From HSAA EMS Locals makes Employer rescind Social Media Post normalizing Violence against Paramedics
This week, during the 2024 Paramedic Services Week Virtual Ride along, a Calgary paramedic was assaulted by a patient and required transport the hospital. Fortunately the member did not suffer significant injury. Unfortunately, the messaging communicated by the Employer’s social media/Instagram take-over, set the tone that violence against paramedics is not out of the ordinary and is just common expectation of doing the job. Pressure from HSAA Local Unit Executives through there Employee-Management Advisory Committee meetings were not only able to get the employer to publish a statement denouncing violence against Paramedics, but also delete the inconsiderate post.
HSAA- AHS Bargaining Update #5
TO:
All HSAA Members employed by Alberta Health Services (AHS)
FROM:
Your AHS Bargaining Team
RE:
AHS Bargaining Update #5
Hi EDMO,
Your bargaining team met with AHS for negotiations on April 30, May 1, and May 2. We are pleased to report that the tone of the negotiations has been respectful, and there has been a significant improvement in both the pace of bargaining and the ability to sign-off articles.
We expressed concern over the employer’s negotiation approach in our last update. We came prepared to make progress on non-monetary items and were successful in coming to agreements with the employer at a pace we feel is appropriate for the stage of the bargaining process we are in. Over this set of dates, we were able to sign off on numerous articles and established a good pace on negotiating non-monetary items that are either not contentious or where our differences can be resolved.
Focusing on non-monetary items at the start of negotiations is part of our bargaining strategy. It will provide us with the best opportunity to get a fair deal for all the disciplines of HSAA represented in this Collective Agreement. By starting with the items where consensus with the employer can be easily reached and working our way to the areas that are most complicated or where there is the most significant disagreement, we ensure that those inevitable conflicts do not prevent us from securing gains in other areas. These non-monetary items are essential and critical to achieving the mandate you have set for us. We will be working to maintain this respectful dialogue as long as we can, but we are prepared for this to change once we reach the deeper issues impacting our workplaces and compensation. When the time comes, we will be ready to shift our tone and approach to ensure we achieve the best deal possible.
We have more dates coming up right away on May 14, 15 and 16, and we are optimistic we can keep the pace of this last round.
We want to express our deep appreciation for all the members who are sharing feedback and who have participated in the bargaining survey. Your input is invaluable and plays a crucial role in shaping our bargaining strategy. Every email and piece of feedback we receive is read, discussed and replied to. We are your bargaining committee, and we want the employer to hear what every article and Letter of Understanding means to you and how our proposals would make a difference for you. Thank you to everyone who has taken the time to email us or share your thoughts and perspectives in the bargaining survey, it empowers us to achieve the mandate that you have set for us.
We are keeping up our pace and commitment to reach a deal. We will be back in bargaining again very soon and, as always, we will provide you with an update as soon as we can. If you have any questions about our Union's approach to bargaining, you can access the FAQ page here. For further questions or feedback, please email ahsbargaining@hsaa.ca.
In solidarity,
Your AHS Bargaining Team
Megan Connolly, Social Worker, Calgary (Chair)
Sarah Dorma, Social Worker, Calgary
Dean Rombough, Public Health Inspector, Edmonton
Jason Soklofske, Advanced Care Paramedic, Medicine Hat (South)
Vicki Wakulchyk, Addictions Counsellor, Calgary
Sarah Mullin, Social Worker, Red Deer (Central)
Kelly Sherwood, Advanced Care Paramedic, Edmonton
Chandra Arsenault, Respiratory Therapist, Edmonton
Brittany Fandrick, Dental Hygienist, Westlock (North)
Todd Romanow, HSAA Labour Relations Officer (Lead Spokesperson)
Jody Machtans, HSAA Labour Relations Officer, (Spokesperson)
Sheena Schiemann, HSAA Administrative Assistant Negotiations
HSAA / AHS EMS Job Classification Specifications
How AHS / HSAA defines the work done by ACPs
How AHS / HSAA defines the work done by PCPs
How AHS / HSAA defines the work done by EMRs
The way AHS looks at Classification / Reclassification is based on something called the Points Factor System (developed in 2006/2008).
Some of the dimension AHS grades a job on are:
Knowledge /education
Decision making / autonomy / SOP/ policy
Work complexity
Leadership / students
Working environment
Physical demands
Working conditions
Accountabilities
Communication / interpersonal
Numbers of levels in the classification
Unfortunately this system was developed before EMS was folded into AHS/HSAA.
One thing that can trigger a Reclassification or the creation of a new Classification is a “substantive change.” (Taken from AHS Insite - Classification Procedures)
Substantive Change
The practical application of “substantive change” in the evaluation of a position is not a quantitative process, but a qualitative process applied during the assessment of all aspects of the job. It is a comparative analysis of the new job duties to previous job duties, which takes into consideration the full scope of the changes. For the purposes of Job Evaluation, there are a number of considerations in its application. The assessment of substantial change encompasses a combination of elements defined below:
It is:
a comparative analysis of new job duties to previous job duties, which takes into consideration the depth and breadth of the changes
a shift in the primary focus of the role due to the addition and/or deletion of a number of tasks/activities
a prolonged and sustained activity representing a significant amount of time and has the potential to change the primary focus of the job
a reflection of the value of a collection of tasks, that have shifted or changed to the point where they no longer relate to the existing classification
an observable and distinguishable difference in relation to other similarly classified positions
a change in type of work (complexity) and nature of the work (reflective of skill/effort/level of responsibility); important in effect or overall consequence to the area supported by the position
It is not:
a single change in an activity or task
an increase in the workload or volume of a task/activity (more of the same)
a single or rarely/occasionally assumed responsibility
a temporary assignment of different/higher level duties
quantifiable as a percentage or “number of changes”
a more detailed explanation/documentation or change in process of existing tasks
assumed duties that are not actual responsibilities of the position (work must be assigned by operational leadership, and not assumed by the employee to be part of their assigned duties)
the introduction of new technology, which streamlines and/or creates efficiencies in the way the work is completed
the introduction of new educational requirements to meet a particular standard, or legislative requirement
Surviving Violent Encounters
Frontline EMS staff encounter a lot of violence
Month after month “Workplace Violence - Physical” is consistently among the top 3 reported reported types of workplace incidents and this last month saw:
5 Code 200s
6 Requests for EPS Hot due to violence
In an effort to reduce injuries from violence AHS EMS Employee Programs (EEP) created a Violence Prevention Program (more info can be found at AHS EMS - Violence Prevention Program)
The Violence prevention program recently published the results of its staff engagement surveys, and as part of its commitment to engage with front line staff, also held focus groups to gather context for the survey results. Heather Doyle, the leader of the Program also asked the Edmonton Zone EMS Joint Workplace Health and Safety Committee if we had anything to contribute. The Employee members of the committee put together and submitted the following positions statement:
EDMO and the Case of the Empty Telestaff
Many of you may have opened your Telestaff this AM and found it a strange and barren place. Your Local Chair - Lockerby was at stn 400 and had a chance to chat with both Mr. Olfert and Mr. Predy today and Telestaff will start to look more normal come the end of this weekend / the start of next week.
There are no conspiracies (Gov’t, Mgmt., lizard people or otherwise). What there are is plenty of Rover PCPs though all the recent hirings. Management recognized that they overstaffed for this Easter STAT, which resulted in more staff at work than seats in ambulances. All those employees who had their shifts cancelled got a direct phone call from the Shift Coordinator. All OT picked up by members is still being honored. Anything offered and not picked up is off the table (for the moment).
Casuals PCPs, as we are still ACP short - You may find slimmer pickings for the next couple months. They are working on stabilizing the Rover pool and keeping things more consistent there, which your Local agrees with wholeheartedly. Please have a little bit of patience while this is ironed out.
ACPs should find the self fill opening up by weekend/Start of next week.
If you have any further questions please get a hold of one of your Local Unit Executive members or email:
edmontonemslocal@gmail.com
Sierra S333
So, anyone here of S333?
Your LUE just found out this will be a Sierra position strictly for 400. This Sierra will be keeping tabs on trucks and start times out of 400. Now don’t go off, Ms.Farnham has been good and realized all the steps we take and how long the process is sign out your narcotics, to get a truck and give it a quick once over. She even sends out kudos to crews that log on within 10 minutes of their start time!
Today she was very helpful and noted that I got my truck 21 minutes late from ARAs. I was not the only one.
HSAA- AHS Bargaining Update #3
TO:
All HSAA Members employed by Alberta Health Services (AHS)
FROM:
Your AHS Bargaining Committee
RE:
AHS Bargaining Update #3
Hi EDMO,
Your Bargaining Committee met with the employer on March 19 and 20. We exchanged both monetary and non-monetary proposals and had preliminary discussions about them. While these initial conversations were professional and respectful, we did not begin discussing the proposals in detail and more proposals will be exchanged in coming rounds.
Our first impressions tell us that the outcome of this round of bargaining will be defined by the employer's approach to the complex nature of our diverse membership. We are committed to making bargaining work, but we have serious concerns about the employer's opening proposal. We need all of you to be ready to advocate for what is fair for all HSAA members.
We have presented an opening monetary proposal consistent with other health care unions, which will allow us the ability to negotiate the best collective agreement.
Unfortunately, we have not yet received a complete opening package of proposals from the employer. There are significant details missing from the employer’s proposal which does not allow us to understand the intricacies of how their proposals impact all our members. This is a significant issue for the bargaining process, and we are working to obtain the details from the employer before the next round of bargaining. Your Bargaining Committee will need time to review them once they are provided so we can fully understand the implications for all of our members.
Our next round of negotiations is from April 16 to 18. In that round, we will be focused on clarifying how the employer's proposals would be applied to all our professions and classifications. The discussion of those details will be a test of the employer's professionalism and openness in this round of bargaining.
There are many difficult conversations ahead of us, but your Bargaining Committee is dedicated to negotiating for the collective good of all HSAA members.
If you have questions about our Union’s approach to bargaining, there is an FAQ page you can access here. If you have further questions or feedback, please email ahsbargaining@hsaa.ca.
Please share these updates with your colleagues in your workplaces. If you find out that someone is not receiving these emails, encourage them to sign up as a member on hsaa.ca and ensure they are subscribed to our emails.
In solidarity,
Your AHS Bargaining Committee
Megan Connolly, Social Worker, Calgary (Chair)
Sarah Dorma, Social Worker, Calgary
Dean Rombough, Public Health Inspector, Edmonton
Jason Soklofske, Advanced Care Paramedic, Medicine Hat (South)
Vicki Wakulchyk, Addictions Counsellor, Calgary
Sarah Mullin, Social Worker, Red Deer (Central)
Kelly Sherwood, Advanced Care Paramedic, Edmonton
Chandra Arsenault, Respiratory Therapist, Edmonton
Brittany Fandrick, Dental Hygienist, Westlock (North)
Todd Romanow, HSAA Labour Relations Officer (Lead Spokesperson)
Jody Machtans, HSAA Labour Relations Officer (Spokesperson)
Sheena Schiemann, HSAA Administrative Assistant Negotiations
HSAA - AHS Bargaining Update #2
TO:
All HSAA Members employed by Alberta Health Services (AHS)
FROM:
Your AHS Bargaining Team
RE:
AHS Bargaining Update #2
Hi EDMO,
As your bargaining team prepares to start negotiations, we want to share what we’ve heard from you and what to expect in the coming weeks.
Your bargaining team has spent seven days together reviewing research, analyzing your feedback, discussing strategy and developing our proposals. We understand the significance of the issues that will be coming to the bargaining table and feel your urgency for results. As your bargaining committee heads to the table, we are feeling inspired by your passion, and we are optimistic about what we can achieve together.
The bargaining committee feels incredibly supported by you and want to express our appreciation to everyone who took time to fill out the survey or share input. There was a record number of responses to the survey. The huge volume of input helps us understand your priorities and find our collective goals. Your committee reviewed every survey response, every email, and every bit of feedback we got from you. Thank you. You are not just being heard; your input is guiding us every step of the way.
Your bargaining committee has developed a long list of proposals to take to AHS. The proposals cover the vast range of topics that were important to you. There was a resounding endorsement of five priorities:
Increased wages & compensation
Improved benefits
Protecting job security
Enhancing leave provisions
Addressing workload and staffing issues
It was incredibly encouraging to see that these priorities were consistent across all our disciplines and in every region of the province. Our membership is united in our position, and your committee will remain focused on your priorities in our efforts to get the most gains for the collective good.
Now that the proposals have been developed, the next step is to meet with AHS on March 19 and 20 to exchange proposals. This will be our first opportunity to get a real, face-to-face understanding for the tone negotiations are going to take and you will receive an update as soon as possible after that meeting.
While all of this is happening, we want you to know your union is keeping a close eye on the government’s approach to restructuring health care in Alberta. The announced changes are not impacting our approach to bargaining, but our Union will be vigilant in our monitoring for any developments, and you will be informed if any further details are uncovered or if bargaining is impacted.
If you have questions about our Union’s approach to bargaining, there is an FAQ page you can access here. If you have further questions or feedback to provide us, please email ahsbargaining@hsaa.ca.
And before we go, we have one more thing to ask of you. Please share these updates with your colleagues in your workplaces. If you find out that someone is not receiving these emails, encourage them to sign up as a member on hsaa.ca and ensure they are subscribed to our emails.
Being signed up as a member is how you receive bargaining updates and, more importantly, a ballot when it comes time to vote on the collective agreement. We hope you’ll spread the work to as many as possible, so everyone is informed and able to vote.
In solidarity,
Your AHS Bargaining Team
Megan Connolly, Social Worker, Calgary (Chair)
Sarah Dorma, Social Worker, Calgary
Dean Rombough, Public Health Inspector, Edmonton
Jason Soklofske, Advanced Care Paramedic, Medicine Hat (South)
Vicki Wakulchyk, Addictions Counsellor, Calgary
Sarah Mullin, Social Worker, Red Deer (Central)
Kelly Sherwood, Advanced Care Paramedic, Edmonton
Chandra Arsenault, Respiratory Therapist, Edmonton
Brittany Fandrick, Dental Hygienist, Westlock (North)
Todd Romanow, HSAA Labour Relations Officer (Lead Spokesperson)
Jody Machtans, HSAA Labour Relations Officer, (Spokesperson)
Sheena Schiemann, HSAA Administrative Assistant Negotiations
Edmonton Metro Shift Pick
EDMO 2024-2025 Shift Pick
Shift Pick 2024 - 2025
Feb 12-16, 2024 - Live Updates
Please come visit! We will be set up at Station 39 (QMP).
There will be snacks!
HSAA - AHS Bargaining Update #1
TO:
All HSAA Members employed by Alberta Health Services, Bethany Nursing Home of Camrose and Lamont Health Care Centre (United Church of Canada)
RE:
Here we go! AHS bargaining update #1
Hi Kelly,
Welcome to the first of what could be a long list of bargaining updates for 2020. This round of negotiations is going to be like none ever seen before in Alberta. We want to begin by thanking the dozens of HSAA members who volunteered to serve as part of the HSAA’s bargaining committee. There were many factors HSAA's Board of Directors considered before determining who would be chosen for the committee – such as geographic location, health sector employment (community, acute, etc.), experience, Union involvement and HSAA District.
We are pleased to announce the members of the HSAA’s Bargaining Committee.
Committee Chair (Board) Leanne Alfaro, EEG Technologist II
Edmonton (Board) Donna Farquharson, Respiratory Therapist I
South (Board) Jason Soklofske, Advanced Care Paramedic
North (Member-at-Large) Ilea Kapler, MRT I
Edmonton (Member-at-Large) Jenalyn Myggland, Occupational Therapist I
Calgary (Member-at-Large) Linda Van Haar, Social Worker II
South (Member-at-Large) Trevor Puritch, Primary Care Paramedic
Central (Member-at-Large) Wayne Button, Public Health Inspector I
Lead Spokesperson Marnie Stuart, Labour Relations Officer
Spokesperson Kate Robinson, Labour Relations Officer
Administrative Assistant, Negotiations Sheena Schiemann
Preparations are underway for our upcoming bargaining dates which are tentatively set for:
April 2/3 – proposal exchange
April 14/15
May 12/13
May 20/21
June 16/17
June 24/25
We’ve mentioned how this is shaping up to be a round of negotiations the likes of which have never been seen before in Alberta. An indicator of that is the proposal exchanges we have already seen for the United Nurses of Alberta (UNA) and the Alberta Teachers Association (ATA). First, the proposals from the employers were basic carbon copies to both organizations and they contained a detailed listing of monetary issues, something that normally does not happen at this stage. Secondly, UNA made the decision to publicly post the proposal presented to them.
While HSAA is carefully considering the public and media relations approach we will take during bargaining, there is one thing we want to make perfectly clear. Our focus and priority will be engaging and communicating with members to ensure you have the very latest information and we are accurately representing you at the bargaining table.
You will soon be getting an email with a member’s pre-bargaining survey where you will be able to tell us the issues you want us to focus on at the table. The launch date for the survey is tentatively set for Monday, February 10 and it will remain open for two weeks to help make sure the maximum number of members can fill it out.
Tentative Launch Date – February 10, 2020
Tentative Close Date - February 24, 2020
*PLEASE NOTE: The survey will be sent to all active HSAA members with a personal email address on file with the HSAA. To submit or update your email address call the Member's Resource Centre at 1-844-280-4722, email membership@hsaa.ca or update your member profile through your HSAA Member Hub.
Our Wage Re-opener
The dates have been set for us to appear before an arbitrator and settle the wage re-opener on our current contract. We will be sitting down with an arbitrator on Monday, January 27 and Monday, February 10. A reminder, arbitrators have recently ruled for a 0% increase for both the ATA and UNA.
Our starting position heading into arbitration is for a 5% increase for the final year of our deal. We were originally informed by Alberta Health Services (AHS) that it would be seeking a 0% increase as it’s opening position. That position was overridden by the current government and AHS is now seeking a 5% rollback of your wages.
We will continue to keep you updated on the wage re-opener as events unfold.