Table of Contents

What I need to know?
Why do I need a union?
How does HSAA differ from employee/management committees?
What about my professional body?
Consultation, not Confrontation
How do I know that my specific interests will be represented with HSAA?
Labour relations and negotiation services
Dues - part service fees, part insurance premium
Other Benefits

What I need to know?

1.Do I have to pay union dues? What are dues? What does the union do with my money?	Dues are 1.25% of gross pay - among the lowest in the province and only payable upon ratification of the first collective agreement. It works out to about a dollar and a half a day. HSAA spends its members' dues responsibly. Any increase in union dues must be approved by the membership, and the HSAA budget must approved by the members. Your dues are tax deductible. We bargain for fair wages and good working conditions and use the dues to bargain and support you in any dispute(s). HSAA is a non-partisan organization and does not contribute funds to political parties. Also, consider what you get for the money: bursaries, education fund, workshops, someone to advocate for you when you face discipline, a health and safety issue, or disability. If you had to hire a lawyer to solve your dispute, it could cost you thousands of dollars.
2.Will the Employer know I signed the petition?	No, the process is confidential. The ALRB and HSAA have been doing this for decades. Not one employer has been able to find out who signed a membership application or petition.
3.What does signing a petition mean?	Signing the petition form is the first step to become part of HSAA. When at least 40% of the employees have signed the petition form, an application will be made to the Alberta Labour Board (ALRB) to conduct a vote to determine if the employees want HSAA as their union. HSAA submits all petitions to the Alberta Labour Relations Board (ALRB) only and the ALRB validates them in order to conduct a vote. Only the ALRB and HSAA are able to see the names, and your employer never gets to see them. IT'S AGAINST THE LABOUR CODE FOR YOUR EMPLOYER TO TELL YOU HOW TO VOTE.
4.What if I am laid off?	If you are laid off because of HSAA's drive, then the ALRB would overturn the employer's decision. If you are laid off thereafter, HSAA would seek some negotiated terms to protect your job or lessen the impact of the lay-off; i.e., severances, retraining, recall rights, casual work, Employment Insurance assistance, etc.
5.HSAA will interfere in the relationship you have with your employer.	HSAA does not interfere with your day-to-day interaction with your employer; however, if you have a concern, we are there to help you if you need us. We have trained professionals available to assist if you have questions or concerns.
6.HSAA will pressure you to join the union.	Membership in HSAA is voluntary. Even non-members get fair representation. HSAA has a non-adversarial reputation; we are non-confrontational. We have trust and respect with all employers.
7.What groups will be a part of HSAA?	HSAA plans to make an application for an all-employee bargaining certificate.
8.What are the benefits of union membership?	HSAA has trained professional and an extensive track record of resolving disputes without hostility. Better wages, better benefits, and increased security. HSAA members are not alone when they have problems with their employers. They are not alone when they file disability claims They are no alone when they raise health and safety concerns.
9.What happens when the union gets in and we are waiting for our first contract?	Once an application is made to the Alberta Labour Relations Board (ALRB), your benefits and entitlements cannot be reduced.
10.HSAA will pressure you to join the union.	Membership in HSAA is voluntary. Even non-members get fair representation. HSAA has a non-adversarial reputation; we are non-confrontational. We have trust and respect with all employers.
11.What do we do if co-workers approach us during work hours to talk about the union?	It is not appropriate to solicit or to be solicited during working hours so you should set up a time out side of work hours.
12.If the Union is voted in, how long would it take to get rid of it - if we weren't happy?	Once a contract expires or if one is not signed, a petition by the staff may be made to the Alberta Labour Relations Board (ALRB) with a majority vote to decertify a union. No application is possible for at least 10 months from the time of the certification.
13.Some of us have never worked under a union environment before - can you provide a comparison in wages and benefits?	HSAAs provincial collective agreement covers the majority of its membership. To view this agreement, visit our website at www.hsaa.ca.
14.Seniority will be the only deciding factor in promotions and transfers.	Seniority is only the tie-breaker after skills, qualifications and experience are taken into account by the employer. HSAA will recognize your seniority.
15.What will my seniority be?	Seniority lists are composed by classification on the date you started with the employer.
16.What do HSAA members get for shift premiums?	HSAA's shift premiums are some of the highest in the industry.

Table of Contents

Why do I need a union?

The basic concept of union representation is to create a more equal bargaining relationship between employees and the employer.

Without representation, each employee is left to his or her own devices to negotiate terms and conditions of work. Usually this leaves you with a "take it or leave it" option. In other words, no option.

By joining a union, you and your colleagues have the ability to propose changes to those terms, and to compel the employer to bargain with you. Without a union, you can certainly make suggestions, but if the employer ignores them, there is no recourse. Under Alberta legislation an employer must bargain, in good faith, when a union is certified.

Once a collective agreement is negotiated, the union has the ability to enforce its provisions. The contract sets out some rules about how employees are treated. The employer is not free to arbitrarily change terms such as pay, vacation, or to award promotions without a fair process.

If you feel you have been treated unfairly in a non-unionized workplace, and cannot resolve the issue with the employer, you have two options - to drop it or to hire a lawyer to pursue your case. In the latter case, you will almost certainly lose your job. Courts will only award monetary damages, they do not order reinstatement. Furthermore, the entire cost of representation, which can be considerable, falls to you.

In a unionized context, however, a grievance process is in place, and the union provides representation. Through this process, if the employer has acted unfairly, an employee can be reinstated to his or her job. While the union has the right to make a final determination about proceeding to an arbitration hearing or to court, it has a legal obligation to its members, to act in good faith in making this decision. Other than your regular dues, there is no cost to you for this representation.

By pooling resources, union members can collectively achieve goals that are out of reach for individuals.

One common myth is that unions protect the incompetent. It is nothing more than that, a myth.

Where management deals with performance and disciplinary issues in a consistent and fair manner, it can discipline, and finally fire, employees. Unfortunately fairness and consistency is often not the case.

HSAA is obligated by law to fairly represent its members, and it will do so vigorously. This ensures that the employer does not arbitrarily single out workers for special treatment, whether favourable or unfavourable.

If you are unfairly disciplined or passed over for a promotion you have the ability, through your union, to compel the employer to support its case. If the employer has done its homework, it can get rid of incompetent employees, and a grievance will be unsuccessful. If, on the other hand, there is no evidence to support the action, or if discipline has been too harsh, then it may either be reversed or a lesser penalty imposed.

Whenever you think about this issue, ask yourself: "What if I were being unfairly disciplined, or accused of incompetence?" Surely you would want the employer to prove its case, and you would want someone in your corner. With a union you have that assurance.

In addition to the direct impact on you at your worksite, unions also participate in lobbying of governments, and in other community efforts, to effect positive social change. All of our efforts have a larger impact, as evidenced by legislation such as employment insurance, workers compensation, and public health care which are now available to most Canadians. Unions played a key role in achieving all of these.

Table of Contents

How does HSAA differ from employee/management committees?

Union representation and the co-existence of employee/management committees is common in many of the workplaces for which HSAA is certified. In fact, HSAA encourages the existence of these bodies as a forum for communication between employees and management. The bargaining certificate issued by the Alberta Labour Relations Board, however, gives HSAA exclusive bargaining rights for all employees covered by the certificate. This means that these committees do not have the right to negotiate with the employer concerning the terms and conditions of work, and salaries and benefits for 'in scope' staff.

With Unionization:

• Local conditions, such as Family Emergency Days can be negotiated into the collective agreement/contract
• Collective agreements and letters of understanding negotiated by HSAA are enforceable
• The employer is prevented from unilaterally changing the terms and conditions of work
• On-call provisions are spelled out, and contravention by the employer attract penalties
• Promotions, transfer and layoff procedures exist to ensure that proper processes are followed
• When an employee covered by the collective agreement feels aggrieved, s/he has the right to representation by HSAA, and HSAA has a legal obligation to represent him/her in employment matters
• When served with notice to bargain by a certified union, the employer must negotiate in good faith. Should the employer choose not to negotiate, an employee/management committee does not have the ability to compel them to do so

HSAA has the expertise, resources and financial security to assist you if and when the need arises.

Table of Contents

What about my professional body?

The statutory role of professional associations is to protect the public by ensuring that its members are properly qualified and practice in accordance with established standards and codes of ethics. Where a member fails to meet such standards, the professional association has the responsibility of discipline, which may include expulsion from the profession.

Professional associations also work in the interests of the members by organizing continuing education, providing professional journals and representing the profession to the public. The functions of professional associations are at times complementary, and at other times may be on opposing sides. All of these functions are equally important, yet clearly distinct. Professional associations do not bargain wages or other terms and conditions of employment for their members.

Table of Contents

Consultation, not Confrontation

Unions have historically been perceived as constantly engaging in confrontation and antagonism towards the employer. Labour relations practice has come a long way since then. Today professional union representatives utilize extensive skills in communication, negotiation, dispute resolution and diplomacy. Cases are handled discreetly and confidentially. Confrontation is usually not necessary - a knowledge of labour law, and the ability to apply it, is successful in the vast majority of situations.

The process described below should dispel the misconceptions that some prospective members commonly have:

1. Members may contact the HSAA office with any number of inquiries, very few of which lead to formal grievances. Whenever a member has a problem that could lead to a grievance, s/he has access to the advice and assistance of HSAA labour relations officers.

2. The grievance provisions in the contract require a potential grievor to discuss a problem with management prior to considering a grievance.

3. If this discussion fails to resolve the problem, the member may contact HSAA for further assistance. At this point, the labour relations officer will commence a discreet investigation and will, with the member's permission, discuss the situation with the employer's human resources practitioner(s). Approximately 75% of all potential grievances are resolved at this stage without formal grievances ever being submitted.

4. For the remaining 25% of situations, formal grievances are filed with the employer. Attempts are still made to find a resolution prior to a meeting between representatives of the union and management. About half are settled before any meeting, which means that only about 12.5% of issues that could lead to grievances ever require such meetings.

5. Of the 12 to 13% of issues that proceed to formal grievance meetings with the employer, fewer than 10% actually proceed to the final stage of an arbitration hearing. This is a quasi-judicial process in which an independent arbitration panel hears evidence from both sides of the disputes and then renders a binding decision. In the final analysis, less than one percent of problems that are raised by members ever reach the arbitration stage.

HSAA does not go looking for disputes with employers. Almost all grievances are initiated by calls from members who have problems. We take our responsibility to provide the best possible representation to those members very seriously, and this responsibility includes efforts to resolve issues amicably.

The significance of union representation during this process, which can be quite stressful for a member, cannot be overstated. HSAA staff use extensive expertise and experience to affect resolutions as quickly as possible, with the best possible results and minimal stress for the members. These efforts are possible because of the existence of a legal and binding collective agreement/contract which is applied in a professional manner, with the interests of the members always the top priority. The contract is the source of the rights of members, but it is often the union's ability to apply and, when necessary, to enforce these rights that make them meaningful.

Table of Contents

How do I know that my specific interests will be represented with HSAA?

HSAA is a member-driven organization. Each member has the opportunity to participate at the local unit level, in setting bargaining proposals, and to raise specific issues through the local unit executive, or by writing or calling the Edmonton office directly.

Each bargaining committee includes members from the bargaining unit(s) as well as HSAA staff. When an issue is specific to a particular group which does not have a position on the bargaining committee, a member of that group is invited to attend the negotiations to advise the committee and to assist in advocating a position.

Local conditions are commonly negotiated to deal with situations that are specific to one institution, or one discipline. Examples of these are flex time, sick leave, medical appointment time, modified work week, professional development, family emergency days, and others.

Every member has the opportunity to run for a representative position on the local unit. This local unit is as active as the members make it, or as passive as the members allow it to be. Every member also has the right to run for a position on the board of directors or for president. Since the term for each board member is three years, you will have an opportunity to nominate a member to serve each year, or to run yourself.

Most standing committees of the board of directors include members at large, providing another avenue for participation.

From time to time, HSAA's board of directors establishes ad hoc committees to deal with specific issues. Members are invited to sit on these to ensure that their specific areas of expertise and interest are accurately reflected. Past examples include HSAA position papers on mental health and laboratory restructuring as well as the delivery of radiology services.

Table of Contents

Labour relations and negotiation services

The negotiation of the collective agreement (contract) is one of the key functions of any union, for it is from the contract that the terms and conditions of employment and attendant rights flow.

Bargaining proposals are developed with extensive input from the membership to ensure that their issues are addressed, and that the demands that are tabled reflect the wishes of the membership.

HSAA's negotiations are conducted, or coordinated, by the director of negotiations. After a contract is signed, the labour relations staff, under the direction of the director of labour relations work with members and with management to ensure that its provisions are adhered to.

The following labour relations services are provided:

• contract interpretation and administration
• general labour relations advice/problem solving
• grievance handling, up to and including arbitration
• legal opinions or counsel as necessary and appropriate
• representation and advocacy for members in a number of forums including:
  • Workers Compensation appeals
  • Long-Term and Short-Term Disability claims or appeals
  • Employment Insurance claims and appeals
  • assistance with Occupational Health and Safety concerns
  • assistance in some cases of professional discipline
  • assistance with accessing pension benefits
• representation on some hospital or government committees
• transition assistance for members who have faced layoff due to restructuring
• education for local unit chairs and group representatives

Labour relations officers are assigned to each local unit.

Table of Contents

Dues - part service fees, part insurance premium

At 1.25% of pay, HSAA dues are very competitive. As an independent union, HSAA uses dues for the benefit of HSAA members and its organizational goals. The revenues realized from member dues enable HSAA to employ a staff of labour relations and negotiations practitioners to negotiate and implement collective agreements, as well as the clerical support necessary to accomplish this. In addition, HSAA engages the services of several lawyers to assist with specific cases.

Union dues are tax deductible, which means that 32 - 39% or more will be a direct tax saving to you. Combined with a $150.00/year member education benefit, the real cost to you will be reduced significantly.

Examples:

Classification	Lab Tech I	Psychologist I
Annual Salary*	$68,935	$85,117
Marginal Tax Rate#	32.00%	36.00%
HSAA dues (1.25%)	$862	$1,064
Tax rebate	$276	$383
Actual cost of annual dues	$586	$681
Actual Monthly (after tax rebate)	$48.83	$56.74
Monthly dues after Members' Education fund**	$36.33	$44.24

* Calculated for a regular full-time employee at the top increment
** $150.00 per calendar year for discipline-related courses and conferences reduces dues by $12.50/mo.

These are examples only. Actual numbers will vary for each individual, depending on increment, FTE, leaves of absence and personal tax situation.

You may never require more than the most basic services from HSAA - the negotiation of collective agreements. However, in those instances where members do need representation, all costs and legal fees are covered by HSAA through the dues that members pay collectively.

HSAA is fully accountable for the dues it collects from members. Books are audited annually and the budget is sent to each member. In addition, group representatives and local unit chairs are provided with an update for the first half of the fiscal year.

Table of Contents

Other Benefits

1. Dell Taylor Memorial Education Fund - $150.00 per fiscal year is available to each member towards tuition or registration fees for discipline related courses and conferences.


2. George C. Hall Bursary - Based on length of membership. Members may apply for a bursary to attend post secondary education on a full-time basis. The bursaries are awarded through a random draw from applicants, and are valued at $500.00.


3. Members' Assistance Fund - Up to $2000.00 can be awarded to a member in emergency situations. Funding for these benefits is drawn from interest earned on HSAA reserves. All funds are administered by the Members' Benefits Committee.