
		INFORMATION BULLETIN

#10 BARGAINING UNITS FOR HOSPITALS
AND NURSING HOMES

Revised: June 1, 2007

I. INTRODUCTION

The Labour Relations Board maintains standard bargaining units for employees of hospitals and nursing homes. This Bulletin describes these standard units. These standard units do not apply to the broader health-care industry such as senior citizens lodges, private laboratories, ambulance services, group homes and group shelters. In these cases, the Board normally applies the principles in Information Bulletin 9 unless otherwise convinced by the parties. See: Bulletin 9 ; AUPE v. Good Samaritan Society [1997] Alta.L.R.B.R. 88.

The Labour Relations (Regional Health Authorities Restructuring) Amendment Act, 2003 and Regulation altered the standard bargaining units the Board historically deemed appropriate where the employer is a Regional Health Authority (RHA).

This Bulletin addresses:

1.      applications for certification,
2.      bargaining units where a RHA is the employer, and
3.      bargaining units where the employer is not an RHA.

II. APPLICATIONS FOR CERTIFICATION

Any union applying for certification for these employers applies for the standard bargaining unit. The following pages contain descriptions of these standard units. See: Section 34(1); Bulletin 8.

III. STANDARD UNITS FOR RHA EMPLOYERS

Where the employer is a Regional Health Authority, the Lieutenant Governor in Council has directed there be four region-wide bargaining units:

·        direct nursing care or nursing instruction,
·        auxiliary nursing care,
·        paramedical professional or technical services, and
·        general support services.
See: Regional Health Authority Collective Bargaining Regulation; Section 2.

The basis of these unit descriptions is job function. The Board's assignment of an employee to a bargaining unit depends upon the person’s actual function, not upon occupational title.

The standard unit descriptions the Board uses for RHA operations appear below. The quotation contains the standard unit description. A brief description of the categories of employees commonly found in the unit follows.

Boundaries of the Unit
The Regulation requires all units to be region-wide. The only exception is the preservation of non-unionized groups of employees as named exclusions on Board certificates. See: Regional Health Authority Collective Bargaining Regulation; Section 2.

Direct Nursing Care or Nursing Instruction
“All employees when employed in direct nursing care or nursing instruction.”

This unit includes all those employees for whom nursing training is a prerequisite. It applies to those employed in nursing care or instruction in nursing care. The unit could contain graduate and registered nurses, psychiatric nurses and nursing instructors when instructing.

Auxiliary Nursing Care
“All employees when employed in auxiliary nursing care.”

This unit includes all those employees providing nursing care but not to the level of registered or graduate nurses. Persons employed as licensed practical nurses, registered nursing assistants, nursing assistants, and nursing aides are normally within this unit. It also includes people working in such categories as nursing orderlies.

Paramedical Professional or Technical Services
“All employees when employed in a paramedical professional or technical capacity.”

This unit includes all employees providing professional paramedical services. Persons working as dieticians, pharmacists, social workers, physiotherapists, occupational therapists, laboratory scientists, and psychologists would normally fall within this unit. This unit also includes all employees directly related to or engaged in providing qualified technical services. Persons working as health record technicians, certified combined technicians, dietary technicians, cardiology technicians, glaucoma technicians, and pharmacy technicians are within this unit. Administrative employees such as health record administrators and medical photographers are also included. This unit also includes technologist categories. Some of these are medical radiation technologists, medical laboratory technologists, respiratory technologists and e.e.g. technologists. Remedial gymnasts are also part of this bargaining unit.

General Support Services
“All employees when employed in general support services.”

This unit includes all employees whose prime function is general support activities. Persons employed in activities such as clerical, office administration, trades, food services, housekeeping, laundry and custodial services are normally in this unit.

Non-unionized groups of employees remain as named exclusions on Board certificates. Subsequent certification applications must be made on a region-wide basis. The only exception allowed is where a trade union already represents some of the employees in the region. In such a case, the Board will accept applications for certification for any (or all) of the remaining non-union sites. Revocation applications must be for the entire unit.

IV. STANDARD UNITS FOR NON-RHA EMPLOYERS

For hospitals and nursing homes where the employer is not a Regional Health Authority, the Board has identified five standard units:

·        direct nursing care or nursing instruction;
·        paramedical professional;
·        paramedical technical;
·        auxiliary nursing care; and
·        general support services.
See: Healthcare Discussion Papers [1997] Alta.L.R.B.R. DP-002, -003, -004.

The Board established these bargaining units by looking at the functional role played by the employees rather than just professional titles. It also considered the employment and occupational structures prevailing in the industry. The application of these units will be constant. When justified, the Board may vary the units somewhat. Historical factors, the size of the institution, and the range of occupational classes used by an employer may justify a variation. See: UNA v. Calgary General Hospital et al. [1987] Alta.L.R.B.R. 553; UNA v. AHA et al. [1986] Alta.L.R.B.R. 610; CUPE 189 v. Med. Hat General Hospital and HSAA [1991] Alta.L.R.B.R. 239.

These standard units for non-RHA employers apply not only to privately owned operations, but also to several quasi-public employers such as Carewest, Caritas Health Group and Capital Care Group Inc.

Assignment of Employees to Bargaining Units
The basis of these unit descriptions is job function. Occupational terminology varies considerably throughout the health-care industry. The duties and responsibilities of any given class also vary. Employers apply job titles and duties as needed, given the difference in institutional programs and size. The Board's assignment of an employee to a bargaining unit depends upon the person’s actual function, not upon ambiguous occupational titles.

The Board is also familiar with the variety of professional qualifications and accreditation requirements in the industry. The Board has considered the community of interest created by such professional relationships in setting up the five standard units. However, the basis of these units is not professional accreditation. A person in one unit may have professional qualifications similar to those held by other persons in a different bargaining unit. This is because the Board includes a person in the appropriate unit according to their actual job duties. The Board only considers professional qualifications where there are prerequisites for the position. See: Bulletin 22; UNA v. AHA et al. [1986] Alta.L.R.B.R. 610; UNA 176 v. Central Park Lodges Ltd. [1996] Alta.L.R.B.R. 428; HSA v. Misericordia Hospital [1995] Alta.L.R.B.R. 533.

Boundaries of the Unit
In the non-RHA hospital and nursing-home industry, employers may operate more than one site. In these cases, unions apply for a standard bargaining unit at a site or combination of sites that makes sense to group together.

In a successorship or reconsideration matter affecting the continued appropriateness of the bargaining unit, the Board presumes a unit remains appropriate unless evidence to the contrary is presented. While it may determine that a unit remains appropriate, the Board may amend the unit description to reflect the new circumstances.

Bargaining Unit Descriptions
The standard unit descriptions the Board uses for non-RHA hospital and nursing homes appear below. The quotation describes the standard unit. A brief description of the categories of employees commonly found in the unit follows. See: Bulletins 9, 21; Discussion Paper: Geographic Boundaries [1997] Alta.L.R.B. DP-004; HSAA v. Calgary Regional Health Authority et al. [1997] Alta.L.R.B.R. 549.

Direct Nursing Care or Nursing Instruction
“All employees when employed in direct nursing care or nursing instruction.”

Paramedical Professional
“All employees when employed in a paramedical professional capacity.”

This unit includes all employees providing professional paramedical services. Persons working as dieticians, pharmacists, social workers, physiotherapists, occupational therapists, laboratory scientists, and psychologists would normally fall within this unit.

Paramedical Technical
“All employees when employed in a paramedical technical capacity.”

This unit includes all employees directly related to or engaged in providing qualified technical services. Persons working as health record technicians, certified combined technicians, dietary technicians, cardiology technicians, glaucoma technicians, and pharmacy technicians are within this unit. Administrative employees such as health record administrators and medical photographers are also included. This unit also includes technologist categories. Some of these are medical radiation technologists, medical laboratory technologists, respiratory technologists and e.e.g. technologists. Remedial gymnasts are also part of this bargaining unit.