Alberta Health Services Collective Agreement 2020-2024

LETTER OF UNDERSTANDING #29

BETWEEN

ALBERTA HEALTH SERVICES
(hereinafter referred to as the Employer)

- and -

HEALTH SCIENCES ASSOCIATION OF ALBERTA
(hereinafter referred to as the Union)

RE: REVISED GRIEVANCE ARBITRATION PROCESS

HSAA and AHS agree that there is mutual benefit in ensuring there is opportunity for each party to fully apprise itself of the merits of a grievance and options for resolution.  Furthermore, the parties acknowledge that arbitration hearings and resolutions are not occurring in the most timely manner and that current practices result in costly cancelation fees and increased uncertainty for the parties. Both parties agree there is a shared obligation to improve the process. 

To address the Parties’ shared concerns, HSAA and AHS agree to trial a revised Grievance Arbitration Process (“GAP”), modifying, in part, Article 47 of the Collective Agreement in accordance with the following terms:

1. Nothing in this Agreement precludes individual Labour Relations Officers (“LRO”) or legal counsel for HSAA and AHS Legal Counsel (or AHS designate) from engaging in discussions outside of this process to resolve or manage grievances.  Rather, the parties acknowledge, support, and encourage those discussions at the earliest opportunity and throughout the grievance resolution process. 

2. Both parties agree to take interim steps to decelerate the backlog of grievances and arbitrations including: 

   1. AHS Legal has implemented an earlier review process. Upon receiving notification that a grievance has been advanced to arbitration, AHS Legal will obtain a copy of the file from Human Resources within four (4) weeks. Upon receipt of the file, Legal Counsel is assigned.  Legal Counsel reviews and conducts an assessment to analyze the strengths and weaknesses of the case. This may require an additional two (2) weeks. 

   2. HSAA agrees to forward all notices of grievances advanced to arbitration to Human Resources, Labour Relations and AHS Legal (via referraltoarbitration@ahs.ca).

   3. Counsel for the Parties will mutually agree to proceed by way of an Arbitration Board or a single Arbitrator.

   4. Counsel for the Parties will select a mutually agreeable Arbitrator. After the appointment of the Arbitrator, Counsel will notify their respective nominees, where applicable. 

   5. HSAA agrees to a sixty (60) day grace period subsequent to advancing a grievance to arbitration (“Grace Period”). Where deemed necessary, HSAA may insist on the current Collective Agreement timelines or such other timeline but HSAA agrees to involve AHS Legal Counsel in verbal discussions around this necessity prior to engaging these rights.  

   6. Neither party will appoint or contact an arbitrator without first ensuring fulsome discussions have occurred between Counsel. 

3. The parties agree to review this process no later than one (1) year following ratification of the Collective Agreement.

4. The parties agree that the Grace Period is not intended to be a permanent change to the grievance and arbitration process set out in the Collective Agreement and either party retains the right to revert to the Collective Agreement process at any time upon thirty (30) days written notice to the other side inclusive of reasons for why reversion is necessary.

This Letter of Understanding will expire March 31, 2024, or upon the date of ratification of the next Collective Agreement, whichever is later.