EDMONTON – Officials for the Alberta government wouldn’t confirm Tuesday afternoon that talks between the province and the union representing striking remand workers had taken place.
“What I can tell you is that the public service commissioner is always in conversations with the union. They have a relationship, it’s an ongoing relationship,” said Dwayne Chomyn, a government legal advisor.
But, Chomyn stressed the government is not negotiating with the union.
“There are no negotiations going on. It has always been the government’s position that the union follow the orders of the court and obey the law… that doesn’t mean that people don’t have discussions to understand each other’s positions, but there are no negotiations proceeding.”
However, in a news release sent out 4:30 p.m. Tuesday, the union said it was in talks with the province.
“We are currently in talks with the province to resolve the situation and are respecting that process,” the statement reads.
“Therefore, we will not be commenting to media at this time. We will update media upon new developments.”
The province is now looking into the possibility of further court action, including criminal or civil, if the Alberta Union of Provincial Employees (AUPE) continues to strike despite Monday night’s Court of Queen’s Bench ruling finding them in contempt.
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“The union appears to be in contempt of the contempt order itself, and consideration is underway right now to determine whether or not a further application is necessary before the court,” explained Chomyn.
No politicians spoke at Tuesday’s 3 p.m. news conference.
Deputy Solicitor General Tim Grant said 42 of the approximately 400 staff that would have been on duty at Alberta correctional facilities Tuesday crossed the picket line, and that Calgary sheriffs went back to work. The province also expects Edmonton sheriffs to be back on the job by the end of Tuesday.
“We’ve seen them all return in Calgary, and management went out and explained to the picketers outside the courts around lunchtime what the court injunction and the court order that came out last night meant. Those sheriffs have now retired from the picket line and are discussing what that means. My expectation is that like their Calgary compadres they will make the right decision and go back to work,” said Grant.
But, according the union, Calgary sheriffs have not returned to work as of Tuesday afternoon.
The province adds that, despite labour action involving Alberta court sheriffs, there were no court cases cancelled Monday, and there have been just “a few delays” in Edmonton.
“I think it’s great news that we’re seeing all of the court workers essentially have gone back, and my expectation is that by the end of the day all of the sheriffs have gone back, and then we wait anxiously to see if the corrections officers will make the same decision,” said Grant.
“The court services staff are all back in Edmonton and Calgary. There are still six who are out in the Peace River area,” Grant added.
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“Probation Officers in the rural areas of the province remain on the job. About 50 per cent manning is to be found inside the urban areas of Edmonton and Calgary. The court sheriffs are all back on the job in Calgary. And, as we speak, they are meeting here in Edmonton to determine if they will go back in this location as well. Traffic sheriffs remain on the road… As far as jails are concerned, 42 staff have decided to cross the picket line and have reported to work in the various institutions.”
Grant clarified that that number constitutes about ten per cent of the staff scheduled to be on shift.
“Many more have actually phoned in sick… that’s an indication in my mind that they want to come back to work but they’re scared to cross the picket line.”
The news conference comes after two decisions late Monday night directly related to the strike, which started at the Edmonton Remand Centre Friday, and has since spread to other correctional facilities across the province, including Fort Saskatchewan, Calgary, Lethbridge, Medicine Hat, Red Deer and Peace River.
Provincial social workers and some court clerks joined Alberta sheriffs and parole officers Monday in support of striking correctional workers, leaving the courts largely in the hands of managers and police.
At 10:30 p.m. Monday, Court of Queen’s Bench Associate Chief Justice JD Rooke ruled the union representing striking remand workers are in contempt of court. Meantime, Labour Relations Board (LRB) orders all public service employees back to work.
The Alberta Union of Provincial Employees (AUPE) was fined $100,000 for contempt, which increased to $250,000 at noon Tuesday. It will rise to $500,000 if the strike doesn’t end by Wednesday.
Earlier Monday, the government filed a contempt of court application against strikers who ignored the Labour Relations Board’s back-to-work order issued Saturday.
In response to the court ruling, the AUPE said its officials will carefully review the decision.
“We need to evaluate it very carefully and consider our legal options,” said AUPE President Guy Smith.
In addition, Monday night’s Alberta Labour Relations Board hearing directed all public service employees back to work.
The LRB’s directive reads:
“Employees in the PSERA unit are to cease their illegal strike and desist from engaging any further strike activity.”
“All employees engaged in illegal strike activity are directed to return to work immediately.” (Read the full directive below)
The directive comes after the provincial government filed a cease-and-desist order with the LRB for all striking union members.
“There’s a new cease-and-desist application that was filed at noon today,” said Aaron Padnivelan, labour relations officer with the LRB Monday afternoon. “This is specifically in response to the walkout of those employees at the courthouses across the province.”
Padnivelan said the new order was expanded to include all employees of the government who are members of or represented by the Alberta Union of Provincial Employees (AUPE), potentially affecting nearly 80,000 workers across the province.
A spokesperson for the government says it will review both decisions made Monday night and provide an update to the public Tuesday morning. Government officials did not speak to the media Tuesday morning, but did provide an update on the wildcat strike situation Tuesday afternoon.
However, Tuesday, striking workers remained on the picket line.
“We’re here till the bitter end, and then the cleanup begins,” said Erez Raz, an AUPE vice-president and corrections officer
Wearing hoods, tuques and mitts to protect them against icy winds, between 30 and 50 workers were gathered at of five entrances to the remand centre lot.
Failure to meet the court’s noon deadline triggered an escalation in the union’s fine.
The union has the money to pay, say both Smith and Raz.
“The minute our people went out, we knew we were going to face some consequences,” said Raz, who would not reveal just how much AUPE has in its fund. “Whatever the fine is, like we’ve said before, we’re supporting our members 100 per cent. That is why we pay union dues to begin with and that’s what it’s used for. … The main issue at stake here is the health and safety of people.”
On Monday, Lukaszuk reiterated that the province would not negotiate until AUPE members end the illegal action and return to work. His remarks came in response to the ever-widening walkout that saw Alberta sheriffs, court clerks and social workers join correctional guards on the picket line across the province.
“Let me be perfectly clear to you. We insist that workers return back to work,” Lukaszuk said. “We have made a commitment to ensure that workplaces are as safe as they can be for Alberta employees. If there are indeed any actual concerns relative to the safety of the workplace, we will have this workplace inspected as we would inspect any other workplace once actual formal complaints are brought forward.”
AUPE president Guy Smith says there are safety concerns at the new Edmonton remand.
“Inmates are beginning to realize and find out where the weaknesses are in that facility and there’s certain things like there’s been a lot of breakage of glass,” said Smith Monday morning.
“There are certain procedures and operations that need to be looked at.”
President of the Alberta Federation of Labour (AFL) Gil McGowan spoke at a news conference with NDP MP Linda Duncan Monday morning.
“Workers in this country, whether they’re in Alberta or any other province, have a legally recognized right to refuse unsafe work.”
“Unfortunately we’ve got a provincial government that – instead of sitting down at the table and negotiating with this group of workers about their very legitimate concerns about workplace health and safety… they are playing bully tactics instead,” said McGowan.
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