Labour Relations

Employee Labour Relations Support Program

New supports are in place to help unionized employees, or employees that may become part of a union, better understand and exercise their rights.

 

Labour Action Information

What is job or labour action? 

A job or labour action is a significant mechanism in Alberta’s labour relations system, allowing either employers or unions to leverage negotiations during collective bargaining. It can take two main forms:

1. Strike: Union withdraws labour from the employer, either entirely or partially, through reduced services or rolling strikes at specific sites.
2. Lockout: Employer prevents employees from working.

The Alberta Labour Relations Code regulates job action, including rules around lawful strikes and lockouts. For instance, a union must gain approval for a strike vote from the Alberta Labour Relations Board (ALRB), and a majority vote must support the strike. A majority vote empowers union leaders but does not guarantee a strike, as negotiations often resume.

What is a strike?

A strike is a legal act of ceasing work during contract negotiations to pressure the employer to agree to employees’ demands in collective bargaining. 

What is a lockout?

A lockout is a work stoppage initiated by the employer that typically involves restricting employees’ access to the workplace and suspending work. A lockout may be initiated by the employer should strike action create a disruptive or unsafe environment for students and staff. 

When is a strike legal?

A strike is legal when it meets all of the following conditions:

• the collective agreement has expired;
• the parties have entered into collective bargaining;
• the parties have reached an impasse in bargaining;
• the parties have worked with a formal mediator;
• a 14-day cooling-off period has transpired following mediation;
• a Labour Relations Board supervised strike vote has been held and more than 50 per cent of those voting are in favor of a strike; and
• a 72-hour notice had been issued before the strike commences.

When is a strike illegal?

Any job action is illegal if one or more of the required conditions (above) have not been met.

Strike Vote Information

When and where is the strike vote being held? 

In-person voting stations will operate on March 2, 2025, from 12 noon to 7 pm at the Vermillion Elks Hall located at 5026-49 Street in Vermillion and the Ramada Hotel located at 1510-27 Street in Wainwright. Online voting will be available on March 3, 2025, from 6 am to 9 pm via the Simply Voting Web Platform.

Who can vote in the CUPE strike vote?

All CUPE educational assistants, learning commons facilitators, administrative assistants, van drivers, accounting clerks, transportation assistants, facilities assistants, non-contract custodians, maintenance staff and technology system analysts who worked at any time during the 60 days before March 3, 2025, are eligible and are encouraged to vote. This is your chance to have your voice heard in this matter and inform the next steps in this process. Please contact the Alberta Labour Relations Board if you are unsure about your eligibility. 

Who should vote in the CUPE strike vote?

All eligible CUPE members should exercise their democratic right to vote as a way of informing their bargaining committee on what they'd like the next steps to be in the collective bargaining process.

What happens if a strike vote is defeated?

A defeated strike vote usually means union members have chosen not to authorize a strike. This often leads to both parties returning to the bargaining table to negotiate a new agreement without the threat of a strike. Employees continue working under the current contract or employment terms, and it does not affect any offers on the table, just signals that negotiations may resume.

What happens if there is a positive strike vote?

A positive strike vote gives the union a mandate to call a strike. 

A strike vote is not a vote on the employer’s latest offer—it is a vote to give the union the legal authority under the Labour Code to issue a 72-hour strike notice within 120 days of the certified vote. This is a significant decision with potential financial implications for members of the bargaining unit. Negotiations can continue at any time in an effort to reach a fair settlement, regardless of the outcome of the strike vote.

Picket Lines

What is picketing and are employees permitted to participate in picketing?

During legal labour action, striking employees are able to participate in peaceful picketing during working hours on public property. Please note that striking employees are not able to access our schools or sites to use washrooms or in any work-related capacity. Striking employees who are also parents of BTPS students may still access facilities as required related to their children. Employees who are not on strike may only participate in picketing during non-working hours. They are not considered absent from work as long as they return to work for their expected working hours.

Is it legal for CUPE employees to cross a picket line and return to work with the employer?

Yes. CUPE staff have the legal right to cross the picket line and return to work at any time. While CUPE may discourage this through fines or other internal actions, you will be fully supported by BTPS with no repercussions. Your job security and employment cannot be affected, as it is illegal for the union to take any action that impacts your decision to continue working.

Will I lose my job if I cross the picket line because the union says I will no longer be ‘in good standing’ or blacklisted?

No, you will not lose your job because you crossed the picket line.  

CUPE may try to discourage you from working during a strike by threatening fines or threatening to ‘blacklist’ you with the School Board or other employers. Those fines are not enforceable. In addition, CUPE is prohibited by law from doing anything that would negatively affect your employment because you decide to work during a strike.

Can a union impose a fine or punish its members for refusing to strike?

It is expected that CUPE’s internal constitution allows for them to issue fines. If you are not a member of CUPE, you are in no way bound by their constitution and no action of any kind regarding fining you can be taken. Unions cannot collect fines. This position has been made clear in a variety of cases across Canada. So, what this practically means, is that CUPE can fine its members, but they have no way to collect that fine. If CUPE attempts to impose fines, it may be in an individual’s best interest to obtain legal counsel, as attempts to collect these fines would be unlawful.

If a CUPE member crosses the picket line, will they be identified by the union by having their union dues deducted?

No, the Employer will not deduct union dues from the pay of employees who decide to cross the picket line and work at any point during strike action nor will we communicate names of employees who decide to cross the picket line.

Benefits and Pension

Does benefit coverage for unionized employees stop as a result of a labour action?

If a labour action is called and staff choose to picket and/or not report to work, they will not be compensated. CUPE will be responsible for covering the cost of striking employees’ health benefit premiums during job action, and health benefits can cease where the union does not reimburse the Employer for your health benefits.

What happens to pension plan contributions for unionized employees during a job action?

Pensionable service will not be recognized during the job action, and employees will not be able to buy back the lost time through their Employer when on strike.  Neither the employee nor the employer will pay into the pension plan during the length of the job action. However, their plan continues, and they do not lose any entitlement earned up to the date of the job action beginning. However, you will not receive pensionable service for the length of the strike.

Can a unionized employee retire during a job action?

Yes, however, there may be a delay in processing their retirement documents during job action.

Can a unionized employee apply for Employment Insurance (E.I.) while on strike?

No, employees participating in a legal strike, from a Canada Revenue Agency (CRA) perspective, are considered on a voluntary Leave Without Pay and, therefore, not eligible for regular employment insurance benefits. According to the CRA, EI benefits should in no way be used to assist employees who are on strike. Any individuals with further questions on this, can contact the CRA.

Leaves due to Illness or Injury

Are unionized employees eligible for sick leave while on strike?

No, striking employees are not eligible for sick leave during a strike regardless of whether or not they provide a doctor’s note. 

Will current long-term disability (LTD) benefits continue for unioned staff?

Yes, employees previously receiving/approved for LTD benefits prior to a strike action will continue to receive their benefits. 

What happens if a unionized employee becomes ill during job action, will they be eligible for any sick leave or long-term disability (LTD) benefits if needed?

In general, employees are not entitled to new sick leave benefits during job action. They may be placed on such leaves following the completion of any job action. If the employee is on existing sick leave, remains ill or injured, and is waiting for a response to a LTD application, the employee will remain on any benefits they are entitled to.

What happens if a unionized employee is away on vacation when job action begins? Will they get paid?

Any vacation approved prior to job action taking place may be taken. However, when they return, then they are considered to be on strike.

Expectations for Non-Unionized Staff

What are the expectations of non-unionized employees or employees belonging to other unions during job action?

All non-CUPE employees are expected to attend work during job action. As job action is not business as usual, their current work may be paused or altered, and they may be reassigned to support the job action response where needed. This includes completing additional tasks and performing critical work functions that are not within the scope of their regular job duties.

Are all staff, other than those in the union that have taken job action, required to report to work? Can they do the work of the striking employees?

Yes, non-striking employees are required to report as scheduled and perform the normal duties of their position. Unionized staff will not be asked to perform the key functions of bargaining unit members that are taking job action, however, there are many duties that overlap between bargaining units that can be completed during job action. Non-teaching staff may be assigned student supervision duties under the direct supervision of the Principal or a designated teacher. Concerns regarding assigned duties should be addressed through the standard grievance process. Employees are expected to fulfill their assigned responsibilities (i.e.,work now, grieve later). Refusing assigned tasks or withholding services may lead to disciplinary action. If you have any questions please reach out to your union/association for guidance and clarification.

Can contractors be hired to fulfill work that is not being completed?

There are no prohibitions on employers hiring contracted workers or workers of other bargaining units to fulfil work that is not being completed by striking employees.

Information and Technology Access

Will unionized employees who do not attend work have access to employer information (i.e. emails, documents, tools, and resources)?

Employees who choose to take part in job action, will not have access to any employer resources. Striking employees should not be using the employer’s assets, resources, or protected sites. All employees are encouraged to continually check the BTPS website for updates.

Summary of Current Wage Proposals

CUPE has proposed wage increases of $6.50 per hour across all classifications effective September 1, 2024, along with a wage adjustment for salaries below $50,000 per year, followed by an additional $3.00 per hour increase on September 1, 2025. These increases would be applied retroactively to September 1, 2024. For Education Assistants, this would mean an increase of approximately 40–48% to their current hourly wage. CUPE has not moved from its initial position, while BTPS have made adjustments and remain open to further negotiations.

BTPS has proposed a 10% wage increase over a four-year agreement for all classifications with the first of those increases (3%) coming into effect on the first month following ratification of the agreement. The BTPS  proposal takes into account significant upward adjustments made during the last agreement between BTPS and CUPE. In that round of bargaining, CUPE and BTPS agreed to make a one-time market adjustment to employees’ compensation in support of equitable compensation for employees. Taking these adjustments into account, along with our current offer, some support staff wages will have increased by as much as 27% between 2023 and 2027, depending on the role.

Are school boards allowed to exceed provincial bargaining mandates set by the Government of Alberta?

In short, no. School boards must adhere to the provincial bargaining mandates set by the Government of Alberta. However, there have been precedents set that if an employee group’s compensation is significantly below industry norms, adjustments may be made to bring them in line with standard levels. Once that correction is made, any future terms of a collective agreement must remain within the legislated mandates. As BTPS made a significant market adjustment during the last round of bargaining, we must remain within the legislated mandates at this time.

Other

How will individuals know when the job action is over?

Information regarding the job action will be posted on the BTPS website and email correspondence to families and staff.