Update on Essential Services Agreement negotiations

Bargaining updates

With collective bargaining at an impasse between HSAA and Alberta Health Services (AHS) in informal mediation, we have a legal requirement to establish an Essential Services Agreement (ESA) prior to moving to the next step of formal mediation.

This legal requirement has caused delays and we want to explain why. 

This is your full update on: 

  • What an ESA is
  • Why we need it
  • What we've done so far
  • Where we are now
  • What comes next 

ESA FAQs

What is an ESA?

An ESA outlines the obligations that both the Union and the employer agree to take on during a strike or lockout. This ensures essential services continue while respecting workers’ rights. 

Why do we need an ESA? 

An ESA is a mandatory step in the bargaining process when collective bargaining reaches an impasse. The parties must have an approved ESA before entering formal mediation.

To learn more about the stages of bargaining, view our Bargaining FAQ page.

What’s included in an ESA? 

To establish an ESA, the Union and Employer must first negotiate a Master Agreement that outlines which services are considered essential during a strike or lockout. It also sets out how many Designated Essential Service Workers (DESWs) are needed to maintain those services. The specific staffing details are documented in an attached Essential Staffing Plan. 

Do HSAA and AHS work together to establish an ESA? 

Yes. An ESA is the result of negotiation. Both HSAA and AHS must sign the Master Agreement and all staffing plan addendums.  

What happens after the parties reach an agreement? 

Once finalized, the ESA is submitted to the Essential Services Commissioner at the Alberta Labour Relations Board for approval.  

Timeline: HSAA and AHS ESA Negotiations

HSAA has been working with AHS on ESAs since 2017. However, an ESA can only be officially established when it's required by the current bargaining process, and a new one must be negotiated for each round of bargaining. There is no one-size-fits-all or universal ESA. Each agreement must reflect the unique needs of that bargaining round.  

To put the scope of this work into perspective, there are over 2,300 individual staffing plans within the AHS bargaining unit that must be developed. 

In our commitment to transparency to our members, we would like to share the timeline below outlining the work HSAA has done so far in establishing an ESA.  

2017: HSAA begins work on AHS ESAs in order to establish general guidelines that would serve as a foundation when a specific ESA is required in future rounds of bargaining. 

2019: HSAA completes the first of four ESA pilot projects, at Chinook Regional Hospital. The purpose of these pilot projects is to establish general principles that can serve as a guide for the 2,300+ staffing plans, if needed. 

June 2022: HSAA and AHS begin negotiating a Master Agreement for the current round of negotiations. 

May 2023: HSAA completes its second and third pilot projects, this time for the Royal Alexandra Hospital and the Pharmacy Provincial Program. 

Early 2024: HSAA completes its fourth pilot project, for Diagnostic Imaging. 

February 2024: AHS begins releasing updated staffing plans to HSAA in batches. Each of the 2,300+ staffing plans need to be reviewed and negotiated to ensure the level of essential workers expected to provide essential services are appropriate. 

At this stage, a disagreement emerged over the Master Agreement. Specifically, who would be responsible for scheduling Designated Essential Service Workers (DESWs) during a strike or lockout. HSAA maintained that AHS, with its existing infrastructure and systems, was better equipped to handle this task. AHS disagreed, insisting the responsibility should fall to HSAA. A dispute resolution process was initiated, and this unresolved issue caused a delay in filing the ESA. 

February 2025: All staffing plans for the current round of bargaining are approved.  

What happened between February 2024 and February 2025? 

Due to the importance of the disagreement that occurred in February 2024, HSAA and AHS activated a dispute resolution process required by legislation. This process involves an “Umpire”, who is a neutral third party chosen by both sides to make a binding decision when the Master Agreement negotiation reaches an impasse.  

At the same time, AUPE was also negotiating their own ESA, and had entered the Umpire process in April 2024. In July 2024, their Umpire released a decision, assigning scheduling to the Union after the first week of a strike or lock-out. AUPE appealed this decision to the Alberta Labour Relations Board, arguing that this was unreasonable. 

HSAA chose to pause our own Umpire process while awaiting the outcome of the AUPE appeal. If AUPE was successful, it would set a precedence that would strengthen our case.  

HSAA applied as an intervenor to the AUPE case, a legal role that allows a third party to participate in a case. HSAA presented arguments at a hearing in December 2024. 

In March 2025, the Alberta Labour Relations Board dismissed the AUPE’s appeal, upholding the Umpire’s decision. 

March 2025: HSAA activates the Umpire process with AHS. 

April 2025: The Umpire releases a decision, herein referred to as the Casey Decision.  

Key points from the Casey Decision: 

Although similar in many ways to the AUPE decision, the Casey Decision put 4 additional safeguards in place that we believe addresses the concerns we raised. Wording directly from the decision is below: 

Casey said (emphasis added): 

[105] In conclusion I direct the following:  

  1. Except for the first week of a strike or lockout, HSAA has the responsibility to assign DESWs to work the shifts as set out in the applicable Staffing Plans. HSAA has the responsibility, after the first week, of communicating the assignments to DESWs and to advise AHS of the DESWs that have been assigned to work particular shifts.
  2. The general obligation on HSAA to schedule DESWs is subject to the following safeguards:
    1. AHS shall be responsible for scheduling DESWs during the first week of a strike or lockout and for communicating those assignments to the DESWs.
    2. A copy of the schedules prepared by AHS for the first week of a strike or lockout showing the DESWs assigned to work specific shifts shall be provided by AHS to HSAA. These schedules can be used by HSAA as a template for further assignments if they wish.
    3. Article 13.01 is to be amended to require AHS to advise HSAA at each local level how AHS typically communicates schedules to staff.
    4. In the local meetings following notice of a strike or lockout AHS shall provide HSAA with:
      • An explanation of how it scheduled DESWs during the first week of a strike or lockout.
      • An explanation of the method it used to notify DESWs that they were required to work. (AHS will already have provided information on the method it typically uses to notification staff of schedules).
  3. I do not find it appropriate in the context of assigning the responsibility of scheduling DESWs to distinguish between strikes and lockouts.

How does HSAA feel about the decision? 

While not ideal, we do believe this decision addresses key safety concerns, both for the workers and the public. It provides for a transition time where the Union and the employer are meeting and sharing information and that should give sufficient time for any errors, omissions or inaccuracies in the staffing plans to be identified and corrected. 

Where are we now and next steps:

  1. We advised AHS that we were not appealing the Casey Decision.

    As of this update, AHS has not filed an appeal either, but they have the right to do so. They have not indicated whether or not they intend to, despite us asking. They have until May 3 to file.

    If they do, it will delay formal mediation.
     
  2. On April 8, 2025, HSAA submitted a revised Master Agreement proposal to AHS, incorporating the Casey decision.

    We’ve requested a response and will be meeting on April 25.
     
  3. HSAA is preparing a plan for scheduling DESWs after the first week of a strike/lockout.
     
  4. If a full agreement is reached between parties and approved by the HSAA Board of Directors, the Master Agreement will be signed and filed, allowing us to enter formal mediation.

 

In conclusion, it has been quite a journey, and it is not over yet. These processes take time, and some delays are out of our control. We recognize this is frustrating, and we will continue to push for completion of the Master Agreement.  

Please continue to support your bargaining committee by wearing your strike ready buttons and pins.