FAQ: Mediation, Strikes & ESAs

What is mediation?

Mediation involves a neutral third party who assists the union and employer in reaching an agreement. There are two types of mediation, informal and formal. They both have the same purpose:  

• To hear any representations by either party
• To mediate between the parties of the dispute, and
• To encourage the parties of the dispute to reach a settlement.

What is the difference between formal and informal mediation?

The key differences between informal and formal mediation lies in the process, requirements, and potential outcomes.  

Informal mediation is a non-binding stage of bargaining. This means that the parties are not required to reach an agreement. If no agreement is made during informal mediation, there is no immediate mechanism for legal job action, such as a strike or lockout. Informal mediation is not a required phase of collective bargaining. 

If informal mediation or regular collective bargaining does not lead to an agreement, formal mediation is required under the Alberta Labour Relations Code. The key difference is that formal mediation includes the possibility of legal job action (strike or lockout) if an agreement is not reached. To enter formal mediation, an Essential Services Agreement (ESA) must be in place, ensuring that legal job actions can be considered if necessary.  

In summary, informal mediation is a voluntary, non-binding process aimed at reaching a settlement without legal action, while formal mediation is mandatory, introduces the potential for legal action, and requires an ESA.  

How long are we required to participate in formal mediation?

There is no set time limit for formal mediation.  

What happens when a mediator makes a recommendation during mediation?

The mediator may issue a recommended settlement to help break the impasse between HSAA and the employer. This recommendation outlines proposed terms the mediator believes could be acceptable to everyone. HSAA reviews the recommendation and decides whether to present it to our members for a ratification vote. While not binding, these recommendations often carry weight, as they come from a neutral third-party familiar with both sides’ positions.

What happens if no deal is reached through formal mediation?  

If no deal is reached through formal mediation, the mediator will file a report stating that the parties were unable to reach a settlement and a cooling-off period will commence.

What is a cooling off period?

Once mediation fails, it triggers a legally required cooling-off period and opens the door for job action by either side, provided legal steps are followed.

After a 14-day cooling-off period, the union can hold a strike vote. The employer may choose to Lock out workers after the same 14-day period.  

Why might a strike be necessary during bargaining?  

A strike is a last resort, used to put pressure on the employer and the Government to resolve outstanding issues and secure a fair collective agreement.   

HSAA’s priority is always to negotiate a fair collective agreement without any work disruption, and we typically achieve this. However, if the employer or Government refuses to negotiate fairly or insists on concessions that divide our membership, we are left with few options.   

What is the difference between a strike vs a lockout?   

A strike is when employees initiate job action by walking off the job for the purpose of compelling better terms in collective bargaining.  

A lockout is when the employer closes the workplace or suspends work to prevents workers from working.   

What would happen if a lockout were initiated by the employer? 

If the employer initiates a lockout, they will serve notice specifying which sites they will be locking out. The Essential Services Agreement (ESA) which governs which positions are essential would be put in place.  

How long does a strike last? 

This is tough to predict. A strike could last one day, or it could be longer. We can say that the nature of our work makes it very difficult for the employer to weather a long strike. 

Remember: HSAA members are health care in this province. There is no care without you and as such, the pressure on the employer will be immense. 

Who decides if we go on Strike?  

All members and non-members covered by the Collective Agreement have a say in the decision to strike or not through a province-wide strike vote. If the majority vote is in favour of a strike, HSAA will assess the strength of the support to determine next steps.  

How long is a strike vote valid for? 

A strike vote is valid for 120 days. 

Is there a minimum percentage of members that must participate for a strike vote to be valid?  

There is no minimum number that must vote for a valid strike vote.  

What is the minimum percentage of members who must vote 'yes' in a strike vote for a strike to be authorized?   

The Alberta Labour Relations Code requires a 50 per cent plus one “YES” vote for authorization. 

If the majority vote is in favour of a strike, HSAA will assess the strength of the support to determine next steps. 

If we vote yes for a strike vote, does that mean we will go on strike?  

If the majority of voters vote yes on the strike vote, it means we are in a position to go on strike. 

A positive strike vote does not mean a strike notice is automatically served. When a strike vote is a strong, it puts pressure on the employer to come back to the table as they know there is a high potential that a strike will occur.   

What is considered a strong strike vote and why is it important? 

A strong strike vote means a high percentage of members, well above the simple majority required, vote in favour of strike action. It signals strong support for your union’s bargaining goals and shows the employer that members are united and willing to take job action if necessary. This strengthens HSAAs bargaining position by increasing pressure on the employer to reach a fair agreement and can often lead to improved offers without needing to strike. 

If a strike vote is taken and the result is no, then what happens? 

If the majority of voters vote no on the strike vote, there are two options to move forward: 1) a ratification vote on the employer’s final offer or 2) the parties agree to go back to the table. 

Why does a no on a strike vote weaken our position? 

A "no" vote on a strike vote undermines your union's position because it signals to the employer that members are not united or willing to take job action to support their bargaining demands. This weakens HSAAs leverage at the table, as the threat of a strike is one of the few tools available to pressure the employer into making better offers. Without that credible threat, the employer has less incentive to improve its position, which can lead to a weaker final agreement. 

Will the strike vote results be broken down by profession?  

No, strike votes are not based on specific classifications. It is based on all eligible voters under the bargaining certificate 

Do non-members participate in a strike vote or ratification?  

Members and non-members covered by the Collective Agreement have a say in the decision to strike or not through a province-wide strike vote.  

However, non-members are not entitled to vote on a collective agreement ratification. 

When can we expect a vote to strike if formal mediation does not lead to a deal? 

A strike vote can’t occur for at least fourteen (14) days after mediation fails. This is called the “cooling off” period, where parties can consider whether or not to return to the table. 

During that period, HSAA and the employer cannot apply for a strike/lockout vote.  

How much notice will HSAA membership receive of strike action? 

A strike vote is valid for 120 days. Deciding when to officially provide strike notice is part of a strategic decision to try and negotiate a deal and ensure a strike is successful.  

Members will be notified as soon as possible of the Union’s intention to serve 72-hour strike notice. 

Who is responsible for managing strike operations? 

Strike operations will be managed by a Strike Action Committee that consists of Executive Officers and the Executive Operations Team and other staff as assigned.   

What is the role of a Local Unit Executive in a strike? 

Local Unit Executives are considered leaders at their sites and will be heavily involved in many aspects of the job action. Some of their responsibilities could include:  

• Act as Strike Captains if asked.
• Ensuring they have membership lists and contact information.
• Assisting Strike Captains with scheduling and tracking of attendance.
• Assigning scheduling of the members required to work under the ESA. 

Please refer to the HSAA Strike Manual for more information. 

How are Strike Captains chosen? 

Strike Captains will be selected from members of the Local Unit Executive in consultation with chairs and members of the executive. 

Where will we be striking? 

Where we strike is a strategic decision. HSAA will need to be responsive and dynamic. While we cannot share locations at this time, should members vote to strike, we will be targeting the most impactful sites, locations and disciplines, to turn up the pressure.  

What is the impact of the strike for members who work from home?  

Members who work from home will be expected to picket at their home site or a nearby site.  

If a strike is not occurring at my site, and the designated site is not close to where I live, am I still required to attend?   

Members are not required to participate in picket lines at locations that are not their regular worksite if those sites are far away. However, members are encouraged to show solidarity by attending strike lines at other sites if possible.   

If I work a 0.8 can I only picket at a 0.8 rate?   

Strike participation requirements are the same for all members, regardless of FTE. Members are required to participate for a minimum of (4) hours and a maximum of (7.75) hours per day to a weekly maximum of (40) hours. 

Can casual workers be determined an essential worker?  

Only regular positions, including vacant ones, were formally included in the Essential Service staff plans.  

Casual employees may be assigned to shifts if no regular employee is available.  

Do temporary worker contracts get extended through a strike/lockout, or does it expire at the initially agreed upon time?   

The employer can request to extend temporary positions. However, if the contract does not need to be extended, it will end on the original end date.   

I have a permanent position but am on a temporary line with an end date. During a strike, do I go back to my permanent line? Is this impacted by the ESA?   

If members who have a permanent position are in a temporary line at the time of the strike, they will be scheduled as per the temporary position. The member would go back to their permanent position at the time their temporary position has reached its end date.  

Is there an option to not go to the picket lines due to personal reasons?  

Yes, reasonable accommodations will be considered and alternative strike duties can be provided.  

If a member chooses not to participate on the strike line for personal reasons not covered by a union approved accommodation, they will not receive strike pay.   

I have physical limitations. How does that affect my requirement to be on a picket line?   

HSAA is committed to ensuring that all members are able to participate and feel supported in showing solidarity. Accommodations can be made for members who have restrictions such as walking and standing. Members should identify any medical restrictions so that alternatives can be explored on a case-by-case basis.   

Can other HSAA members under other Collective Agreements join striking members on the picket line?  

Yes, members covered by other HSAA Collective Agreements may join striking members on the picket line, provided they do so during their regularly scheduled time off. Participation is not permitted during employer-paid time. 

What are the union penalties for crossing the picket line?  

Crossing the picket line is considered a serious violation of the HSAA Constitution. It goes against Article 51 (Code of Ethics) and may result in a complaint under Article 52 (Complaints Management).   

In addition, under Article 19 (Fees and Dues), any member who is not deemed essential and reports for work shall be fined by HSAA an amount equal to 100 per cent of their daily gross pay (before deductions). Any member who fails to comply with the payment of this fine shall cease to be a member in good standing until the fine is paid. 

How does a strike or lockout end?   

A strike or lockout can end in several ways:   

• Tentative Agreement:  Your union and employer reach a negotiated deal, which is then ratified by both sides through a member vote ending the strike and putting a new collective agreement in place.
• Mediated Agreement: A deal is reached with the assistance of a mediator during formal mediation. If  HSAA and the employer accept and ratify the agreement, the strike ends.
• Binding Arbitration: HSAA and the employer agree to submit outstanding issues to an independent arbitrator, whose decision is final and legally binding. The strike ends when arbitration is chosen or ordered.
• Back to Work Legislation: The Alberta government passes a law ordering HSAA members back to work, usually in situations affecting public health or safety. This immediately ends the strike and may also impose arbitration or a cooling-off period.
• Disputes Inquiry Board: The government appoints a board to investigate the dispute and make recommendations. While the process itself doesn't automatically end the strike, it can pause or delay it, and sometimes leads to a resolution.
• Public Emergency Tribunal: Appointed by the provincial cabinet in urgent situations where a strike poses a serious threat to the public interest. It halts the strike immediately and often results in binding arbitration or an imposed settlement. 

What happens if there is a natural disaster during a strike? Ex: fires, tornadoes, floods, evacuation orders?   

The HSAA Emergency Committee is available 24/7 to respond to situations that may affect strike activity, including natural disasters. If there is an event that significantly impacts the healthcare system, the parties can agree to an adjustment of staffing levels, with the Umpire.   

In cases of province-wide emergencies, the parties can agree to suspend the strike or lockout.   

I have recently retired. Will I still be able to picket or perform other strike duties?   

Yes, retired members can participate in picketing activities. However, as those member would not technically be on strike, they would be considered volunteers and would not receive strike pay.  

What is an Essential Services Agreement (ESA)?   

An ESA is a contract between the employer and HSAA that sets staffing levels during a strike or lockout to ensure public health and safety. Once an ESA is in place, it allows unions to strike and employers to lock out unionized employees.   

Services are only essential if interrupting them would:   

1. Endanger the life, personal safety or health of the public, or 
2. Be necessary to maintain rule of law or public security.   

If interrupting a service would be inconvenient or disadvantageous for the public (including patients), but would not endanger the public’s life, personal safety or health, it is not essential and must not be performed during a strike. For a strike to be effective, it is important that non-essential services be withdrawn.  

Who determines which employees are considered essential? 

Employers and unions negotiate essential services agreements (ESAs), determining which services and workers are to be considered essential, rather than having the government impose something from above. If parties cannot agree on the terms of the ESA, the negotiations can be facilitated by an umpire. The Essential Services Commissioner will ultimately ensure that the negotiated agreement complies with the standard set out in the legislation. HSAA is currently in the process of negotiating essential services agreements. 

Where do supervisors fall in terms of being essential staff?   

In-scope supervisors were considered when determining essential staffing levels. They will be utilized in the same way as other members.  

Will HSAA share the ESA details with membership, or are we waiting until the Labour Relations Board has approved it? 

All ESAs must be approved by the Essential Services Commissioner. Once it has been approved, it will be posted on the Alberta Labour Relation Board website at https://www.alrb.gov.ab.ca.  

HSAA has chosen to redact the Staff Plans for strategic reasons as well as privacy matter. However, that information will be provided to members if a Strike or Lockout is imminent. 

When do we find out if we are considered to be an essential worker? Who decides who works and who walks the picket line? 

 HSAA has taken on scheduling from the first week of a strike or lock out. Who specifically needs to work will be communicated at a later date. 

When do we find out if we are considered to be an essential workers? 

Positions deemed essential are identified in the ESA that is currently with the Essential Services Commissioner (see question above). Specific individuals required to work will be determined and communicated at a later date. 

Who decides who works and who walks the picket line? 

HSAA is responsible for scheduling in the event of a strike. 

If you are designated as either an essential worker or a picketer, does that assignment remain the same for the duration of the strike, or will the roles rotate? 

This depends on many factors, including the size of a member’s work area, the duration of the job action, and how essential their work is within their work area.  

Does the union have a reserve fund to fund a strike?  

Yes. A strike fund is required by Article 20 of the HSAA Constitution. HSAA’s strike fund is not publicly available, as it would be extremely detrimental if the employer knew the total monies available. This would allow them to easily calculate how long the union could be on strike or lock out before the monies are fully depleted.   

What is strike pay and how much will I get? 

Strike pay begins if the strike lasts longer than 24 hours. 

Strike or lockout pay to members shall be at least that of the Alberta provincial minimum wage up to a maximum of their hourly rate. 

Payment is dependent upon active participation for a minimum of 4 hours per day up to a maximum of 7.75 hours per day. 

Full-time, part-time and casual members are entitled to be paid up to 40 hours per week. 

Additional strike/lockout pay will be paid at the rate of $40.00 per week for each dependent, once proof of dependency is provided to HSAA.   

Full details on strike/lockout pay can be found in Policy 2.50 Legal Strike/Lockout – Pay. 

How often do you have to participate in strike duties to be eligible for strike pay?  

You must participate for a minimum of (4) hours and a maximum of (7.75) hours per day to a weekly maximum of (40) hours.   

Is strike pay taxable income? 

No, strike pay is NOT taxable income. 

If I miss a day on the picket line, does that mean I will not get paid?  

You will not be paid for the missed day, but you can make up the time to a maximum of (40) hours. 

Do essential workers get paid their original wage with the increased union dues, or are they paid minimum wage?  

Members working essential shifts will be paid their regular hourly wage.   

Will essential service workers wages be paid by the employer or HSAA?  

Essential service workers’ wages will be paid by the employer. 

Are there changes to my union dues if I am an essential worker during a strike?  

Members who are required to continue working as essential workers during a strike will pay union dues at a rate of 31.4%.  

Where does the 31.4% deduction go?  

These additional dues will be redistributed proportionately among the striking members to help supplement strike pay. This process ensures fairness and solidarity by ensuring those who continue to work are supporting their fellow members on the picket lines 

How are overtime rates handled during a strike? 

Designated Essential Services Workers (DESWs) are eligible for overtime at two times (2X) their basic rate pay for:  

•  any time worked in excess of seven and three-quarter (7 3/4) hours during any one (1) day 
• any time worked in excess of the daily hours for Employees who are scheduled to work a modified hours work day or alternate hours of work as contained in Local Conditions, including Local Conditions applicable to Emergency Medical Services 
• any time worked in excess of an average of seventy-seven point five (77.5) hours in a fourteen (14) day period.  

All overtime will be paid out on the subsequent pay period, no banking of hours during a strike or lockout will be permissible. 

How will overtime pay work? Can I still bank my hours? 

All overtime will be paid out on the subsequent pay period, no banking of hours during a strike or lockout will be permissible. 

How does a strike/lockout impact my health, dental and prescription drug benefits? Will I still be able to access benefits? Will I still be able to use my health spending account? 

There will be no changes to members’ medical benefits during a strike.  

HSAA will pay the premiums for employee benefit plans, as per the collective agreement. 

How does a strike/lockout impact my pension? 

Members will not be paying into their pension with strike pay, but those getting paid for essential service work will continue to contribute.  

How does a strike/lockout impact retirement plans? What if I applied to retire in the next three months and job action occurs?  Does this delay retirement? Does this impact my pension?    

Members are advised to consult directly with LAPP regarding their specific situation. LAPP has strict rules concerning the "last day worked," which may have an impact. 

Is there additional financial assistance available through the Union for members negatively impacted by a strike/lockout? 

A member who experiences extraordinary financial hardship as a result of a strike/ lockout may apply to the Members Benefits Committee for financial assistance. 

Are members allowed to seek and find other work while on strike?  

Yes, members may seek and accept work during a strike, as long as it is not with the current employer. Members can also still complete their strike duties and receive strike pay while working other jobs.  

How does a strike or lock-out impact my scheduled vacation? 

Vacation pay does not continue during a strike or lock-out.  

However, if a member has a pre-approved vacation during job action, they may be excused from participating in essential services shifts during that time, provided the essential services can be maintained in their absence 

Does a strike/lockout impact the amount of vacation pay I receive? 

Members working essential worker shifts will continue to earn vacation pay for their hours worked during those shifts.   

Members will not earn vacation pay for strike pay. 

If we have to cancel approved vacation time and  have booked flights and accommodations when a strike/lockout is called, does HSAA or the employer reimburse those expenses? 

Members will not be compensated for any cost associated with cancelations of vacations due to strikes or lockouts.  

How does a strike/lockout impact members’ sick pay banks? Do we lose banked hours?    

No members will lose any previously banked sick time. 

Members working essential work shifts you will accrue sick time during those shifts. 

Members will not accrue sick time for strike duties.  

If you are working as an essential worker you will accrue sick time. 

How would taking a sick day work in the event of a strike/lockout?  

If members are sick and unable to work an essential work shift or attend the strike line, they must notify HSAA. 

While on strike, members will not receive sick pay, whether for an essential work shift nor for strike duties.  

How does a strike/lockout impact my ability to take leaves, such as medical leave or maternity leave?   

If you are already on EI for medical, maternity or parental leave or any other leave that you are eligible for, EI will not be impacted.  

If you meet the criteria for the leave after the strike/lockout commences you will still be eligible to apply for EI benefits, as per the normal process.   

How does a strike/lockout impact members who are on Workers’ Compensation Board (WCB) leaves?

There is no impact to members with already approved claims.  

If a member is not cleared to work, they will not be able to participate on the Strike Line.  

If a member is cleared to return to work during the active job action, and they are deemed an essential worker, they will be required to provide any and all restrictions that have been approved by their medical practitioner to ensure appropriate scheduling. 

I am in the process of applying for a temporary medical accommodation that would reduce my FTE for a time. Could a potential strike/lockout affect my application?   

A member in this situation would still submit your Duty to Accommodate request to the employer. They would also need to notify the ESA Scheduler to ensure any restrictions are adhered too.