Dear colleagues,
I am writing to update you regarding the Unfair Labour Practice complaint AASUA filed on May 7, 2025 during bargaining after informal mediation from March 25-27 failed. This complaint alleged the Employer did not make every reasonable effort at informal mediation to enter into a deal and that the Employer exhibited intent to undermine the principles of good faith bargaining. It also alleged the Government of Alberta had, through its Provincial Bargaining and Compensation Office, significantly interfered with the AASUA’s members’ Charter rights to access a free and fair collective bargaining process.
As you know, AASUA and the Employer have since ratified what is now the 2024-28 Collective Agreement. Recently, both parties met at the Alberta Labour Relations Board (ALRB) and discussed whether AASUA’s complaint at the ALRB would be continuing in light of the successful (albeit delayed) conclusion of negotiations. Both the Employer and the Government of Alberta indicated they would be seeking summary dismissal of the complaint on the basis that it was now moot.
The ALRB only has jurisdiction to consider the matter that is immediately before it, and cannot rule on the Constitutionality of the problematic legislation — the Public Sector Employers Act — more generally. This means even if we were ultimately successful in our bad-faith complaint, the ALRB’s decision would only apply to the last round of bargaining and therefore likely would not assist the AASUA in our next round of bargaining.
After seeking legal advice, AASUA Executive deliberated and decided to withdraw the complaint to instead focus on rebuilding positive labour relations with the Employer.
We need to focus our resources (both time and money) on future rounds of bargaining. As part of this process, we will consider all our legal options for a broader and more effective fight against the Government’s ongoing and ever-increasing interference at our bargaining table for the next round of bargaining.
Sincerely,
Gordon Swaters
AASUA President