Collective Bargaining FAQs

Collective bargaining is the process where a union and an employer negotiate a collective agreement. This agreement sets out the terms and conditions of employment for a defined group of workers, known as a bargaining unit.

While collective agreements can vary, most agreements include wages, hours of work, scheduling, benefits, job security, and working conditions.

HSAA negotiates the collective agreement with the employer through a Bargaining Committee, made up of members who are appointed or elected according to Policy 1.06 Bargaining Committee. This committee is supported by HSAA staff, including experienced negotiators and labour relations officers. 

The path to reaching a collective agreement can vary in complexity. In many cases, it involves HSAA and the employer exchanging proposals, negotiating, and then reaching a tentative agreement, which is subject to ratification by HSAA members. If negotiations break down, options such as informal mediation, formal mediation, strike or lockout, binding arbitration, and other scenarios may come into play. 

Mediation is the next step in the process if the bargaining committee and the employer are unable to reach a tentative agreement through direct negotiations. 

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. 

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 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. 

There is no set time limit for formal 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. These recommendations are not binding. 

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

If formal mediation does not result in an agreement, there are a few potential next steps. These may include ongoing discussions with the employer or the Government of Alberta in an effort to reach a tentative agreement, as well as preparations for a strike vote. These options are not mutually exclusive and can proceed simultaneously.

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.

What gives us the right to strike?

After the 2015 Supreme Court decision, bargaining impasses will now lead to strikes or lockouts as the method by which parties will assert their will, where they have previously been settled through interest arbitration.

To learn more about the importance of your right to strike: watch the Right to Strike Video.

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. An Essential Services Agreement (ESA) which governs which positions are essential would be put in place.

How long does a strike last? 

It is almost impossible to predict how long a strike or lockout will last. No two situations are the same. Some end quickly, and others last weeks or months.

Who gets to participate in a strike vote?

All employees covered by the Collective Agreement, both members and non-members, are eligible to vote in a strike vote.  

What does it take for a strike vote to pass?

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

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?  

No. There is no minimum turnout percentage for a strike vote to be valid.

If the majority does vote yes, does that automatically mean we go on strike?

No. A majority "Yes" vote does not mean we will automatically go on strike.

It means HSAA has the legal right to strike if needed. 
After the vote, HSAA will look at how strong the support is and decide on next steps.

A strong "Yes" vote shows the employer we’re serious and can push them to return to the bargaining table.

A strike will only happen if negotiations break down and HSAA’s Board of Directors determines that the vote results put our members in a strong enough position to move forward with strike action.  

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

Should we call a strike vote, a strong, united “Yes” is essential. This means over 90% of members voting and at least 90% voting “Yes”. We must be unified in our position and willingness to go on strike. This is how we strengthen our position with the employer and the Government of Alberta.  

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 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 vote results will not be broken down by profession or job classification. The results reflect the collective decision of all eligible voters under the bargaining certificate. 

There are two key reasons for this: 

1. Unity is essential. Sharing vote results by profession could create divisions within our membership at a time when we must stand together. 
2. The vote is anonymous. Our voting system does not collect information about voters’ job classifications, so we cannot report results at that level of detail. 

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.

How soon could a strike vote happen if mediation doesn't lead to a deal?

There are several legal steps that need to take place before a strike vote can be called. These steps can take several weeks. 

1. Mediation ends  
   
   One of the bargaining parties must request that the mediator write out of the mediation process. Then, the mediator issues a letter to the parties, signaling that they have written out of the mediation process. 
    
2.  14-day cooling-off period 
   
   This is a mandatory wait time before any further action can be taken by either party. 
    
3. Apply for a strike vote 
   
   We must then apply to the Alberta Labour Relations Board (ALRB) for permission to hold a strike vote.  
    
4. Hold strike vote(s)* 
   
   Once approved, a vote is held. We must provide adequate time for members to participate.  
    
5. Strike vote results are valid for 120-days 
   
   If the vote passes, it is valid for 120 days.  
    
6. 72-Hour Strike Notice 
   
   Before striking, we must give the employer at least 72 hours' notice. 

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 HSAA 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.  

What is the impact of a trike 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 does not occur at my site, and the designated site is not close to where I live, will I still be 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.  

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, would I go back to my permanent line during a strike?

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 a 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.

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.

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.

When will members learn if they are considered to be an essential worker?

The details of how schedules will be decided and communicated will only be shared with members close to the start of a strike or lockout. This approach helps protect our strategy for a successful job action and supports membership solidarity.

Who schedules Essential Service Workers?

When an ESA agreement comes into effect, HSAA is required to assume responsibility for scheduling designated essential workers. HSAA may ask members to also assist in this role.

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.  

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 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 can a member plan financially for a strike or lockout?

A strike or lockout can significantly impact income, so it is essential to prepare in advance. Please refer to this Financial Planning for a Strike or Lockout document for more information. 

How does a strike or lock-out impact a 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 a member's vacation pay? 

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 a member has to cancel approved vacation time and has 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? Will members lose banked hours?     

No, members will not lose any previously banked sick time.  

Members working essential worker shifts will accrue sick time during those shifts.  

Members will not accrue sick time for strike duties. 

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 a member’s 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. 

If a member is in the process of applying for a temporary medical accommodation that would reduce FTE for a time, could a potential strike/lockout affect my application?    

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