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By Kristine Jean
Sunny South News
The Alberta Union of Provincial Employees (AUPE), representing Town of Coaldale workers who continue to picket during the lockout, recently filed complaints with the Alberta Labour Relations Board.
On Sept. 8, AUPE filed an unfair labour practice complaint affecting the Town of Coaldale and on Sept. 9, filed another unfair labour practice complaint and an application for determination.
In two notices addressed to the employer and employees, that are posted on the back door of the Civic Square Atrium, the notices state that “the board has accepted the application for determination under section 12(3)(o) of the Code, and the complaint(s) under section 16 of the Code.”
Curtis Jackson, vice-president of AUPE said that filing complaints of unfair labour practices can and does happen.
“We’ve seen it just recently with the Government of Alberta going against the Alberta Teachers Association, so it happens in bargaining, it’s not out of the ordinary,” said Jackson, pointing to the job postings by the Town of Coaldale.
“As far as the unfair labour practice – it’s posting positions of workers who are protected by the Labour Code to have those positions,” he said. “The Labour Code is very clear that once a return to work happens, that the people who are on the (picket) line have the full right to those jobs,” explained Jackson. “So posting them as two-year term positions, it’s kind of questionable in my opinion.”
Tim Nessim, legal counsel for the Alberta Labour Relations Board said that while they can’t comment on specific cases before the board, they do publish a weekly summary of new applications filed with the board that includes information about the parties, a summary of the application, and relevant legislative provisions, noted Nessim.
They also publish several information bulletins that are available on the ALRB website, including Bulletin #2 – Processing Applications, Complaints, and References, which details the process involved following a complaint.
“That document provides an overview process the board follows upon receipt of a complaint,” said Nessim, noting that the board’s pre-hearing processes are focused on assisting the parties in resolving issues themselves where possible and ensuring an efficient hearing where a resolution is not reached. “If a complaint is not settled or otherwise disposed of through the pre-hearing process, the process concludes with a formal hearing in front of a panel of the board, who determines whether the Labour Relations Code has been contravened as alleged, and what if anything should be done to remedy a contravention,” he added.
As the situation continues, now almost into its fourth week, Jackson said he would love to see the two parties come together and get back to the negotiating table with ultimately a positive outcome for everyone.
“At the end of the day they need to be at work, they need to be on the job, they need to continue to provide the amazing service that they provide to this beautiful town,” said Jackson, adding he understands there may be a need for a cooling off period. “When picket lines are up, emotions can run high,” said Jackson. “I look forward to a future in which things are better.”
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