Aupe Collective Agreement With Ahs
As COVID 19 epidemics occur in the field of continuing education, Alberta`s public health heroes are called upon to deal with private care with their colleagues and help stop the spread where it is most aggressive. This case is without clarity for the parties to the proceedings as to the role that pre-contract evidence of negotiation should play in contractual interpretation disputes. The general rule of inadmissibility of pre-contract negotiations may have reduced the benefit of the AUPE. Instead, courts may attempt to draw a line between admissible evidence of the circumstances on the one hand and inadmissible evidence of subjective intent, on the other hand, evidence from pre-contract negotiations that may be on both sides. For example, both the inadmissible evidence of negotiation and much of the admissible evidence of the ambient circumstances in AUPE appear to have been drawn in some way from pre-contract negotiations. First, the Tribunal found that the arbitrator had indeed misappropriated the subjective intentions of the parties by identifying a point of overlap (both parties intended to include at least the OBP program) and considered this point of overlap to be an objective meaning of “operational restructuring”. This would be contrary to the principle, confirmed in Sattva, that extrinsic evidence cannot repeal the text of the agreement. In moving closer to the LOU`s interpretation, the arbitrator was bound by the long series of working arbitration, which states that an arbitrator must first find that a collective agreement is ambiguous before providing all the evidence on the terms of the agreement itself, including evidence of the surrounding circumstances. The Adjudicator found that the term “operational restructuring” was ambiguous, allowing him to consider extrinsic evidence.
Yesterday (April 23), the Alberta Health Sciences Association (HSAA), the Alberta Union of Provincial Employees (AUPE) and United Nurses of Alberta (UNA) negotiated an agreement with alberta Health Services (AHS) that sets out the parameters for this temporary redeployment of staff.