What to do when AUPE’s Auxiliary Nursing Care members go on strike

AUPE has given notice that their legal strike will commence at 8:30 a.m. Saturday

United Nurses of Alberta stands in solidarity with Auxiliary Nursing Care members of the Alberta Union of Provincial Employees who have served notice for a province-wide strike to commence at 8:30 a.m. on Saturday, November 22.

A strike by Licensed Practical Nurses, Health Care Aides and other health care workers represented by AUPE at Alberta Health Services, Recovery Alberta, Primary Care Alberta, Assisted Living Alberta and Allen Gray Continuing Care Centre facilities raises serious concerns for UNA members who may be asked by supervisors to do the work of their striking co-workers.

Alberta labour law states that employees cannot be disciplined for refusing to perform the duties of employees who are legally on strike. However, the distinction between direct nursing care provided by Registered Nurses and Registered Psychiatric Nurses represented by UNA and that provided by LPNs and HCAs represented by AUPE will in many cases not be clear.

Moreover, when the AUPE strike commences, UNA members will be required to report to work for their regular shifts. Some LPNs will also be required to be at work under AUPE’s Essential Service Agreements (ESAs) with employers.

Under the law, capable and qualified non-union management employees are expected to do the work of striking employees and AUPE is required to send in striking members under the workplace ESA if there are not enough exempt employees to meet the minimum threshold.

UNA therefore recommends that its members keep in mind the following points:

• Wear your RN or RPN pin on the job to make it clear why you are at work.

• Pay close attention to work that would normally be done by LPNs and HCAs.

• Where there is confusion as to what is LPN or HCA work and what is RN/RPN work, seek clarity as soon as possible from your out-of-scope manager.

• Note how many LPNs are there on each shift and, if there are insufficient numbers, inform your manager you cannot do the work of a missing LPN.

• In the event you are ordered to do LPN or HCA work, obey and grieve later if your refusal is met with the threat of discipline.

• Immediately inform your Local or UNA Labour Relations Officer if you feel you are being asked to do the work of striking employees, if more RNs/RPNs are suddenly being scheduled to work, or if you are reassigned to a different work area.

Remember, in addition to minimum levels of staffing for LPNs and HCAs, AUPE’s legally required Essential Service Agreements with employers mean AUPE is responsible for sending in striking employees if there are not enough exempt employees to meet the minimum threshold.

AUPE’s ESA states clearly: “During a strike or lockout at a site, the Employer shall not … assign work that would normally be performed by an employee in the bargaining unit that is on strike or lockout to employees in other bargaining units.”

UNA strongly encourages members during breaks and time off to join their co-workers on their picket lines as they exercise their constitutional right to take strike action, and to express their support in conversations with elected officials.

Blank picket signs, pins saying “UNA supports our co-workers,” and additional RN and RPN badges are available from the Provincial Office in Edmonton and the Southern Alberta Regional Office in Calgary.

Picket line locations are available on AUPE’s website. AUPE is not on strike at worksites of Covenant Health, Lamont Health Care Centre and all private long-term-care facilities.