The Alberta Labour Relations Board delivered a mixed ruling for employers navigating union inclusion decisions, finding that two workplace safety advisors with identical job titles should be treated differently based on their actual managerial responsibilities.
The board included a Calgary senior advisor in the Health Sciences Association of Alberta bargaining unit while excluding her Edmonton counterpart, demonstrating how similar positions can have vastly different labour relations implications depending on day-to-day functions.
The February 2023 application by the Health Sciences Association of Alberta sought to determine whether certain Alberta Health Services workplace safety employees belonged in the union representing paramedical professional and technical workers.
Different authority levels drive opposite outcomes
Both women work as senior advisors in Alberta Health Services’ Workplace Health and Safety Business Partnerships program, providing safety expertise to operational leaders and joint health and safety committees. However, the tribunal found significant differences in their actual duties despite identical job descriptions.
The Calgary advisor participates in recruitment and selection but primarily supports the hiring process. The Edmonton advisor’s manager frequently accepts her hiring recommendations and she has made final hiring decisions at least once.
The Edmonton advisor also provides what the board called “effective recommendations” on discipline matters and has given advice that influenced a termination decision. The Calgary advisor’s input in such matters appeared more limited.
Policy work creates managerial conflict
A key distinction was the Edmonton advisor’s role in policy development. She spends 30 per cent of her time as co-lead of Alberta Health Services’ Joint Workplace Health and Safety Committee Program Team, where she represents employer interests and negotiates with unions.
“[The Edmonton advisor’s] evidence is that she has a direct impact on the development of policy within the organization,” the board noted. “Further, she does not play a neutral role in this capacity; she takes a position—representing the employer’s interests—and negotiates with the union.”
The Calgary advisor chairs a project team dealing with hygiene hazards but the board received little evidence about decision-making responsibilities in that role.
Labour relations access argument fails
Alberta Health Services initially argued both advisors should be excluded because they access confidential labour relations information. The employer later added that they exercise managerial functions warranting exclusion.
The board rejected the confidentiality argument, finding the advisors’ labour relations involvement is “irregular and hence incidental to their roles.” While both occasionally support management in grievance matters, they act as consultants providing workplace safety expertise rather than making labour relations decisions.
The tribunal also rejected expanding labour relations exclusions to cover workplace safety matters, noting it interprets such exclusions narrowly to protect collective bargaining rights.
Advisory versus decision-making roles
Both advisors work primarily as subject matter experts on workplace safety legislation and policies. They investigate incidents, support managers during safety concerns, and work with joint committees including union and employer representatives.
The advisors also serve as Alberta Health Services’ primary contact with provincial Occupational Health and Safety inspectors during investigations.
However, the board found their role is mainly consultative. “The evidence in this case is that senior advisors advise and consult: they do not decide,” the tribunal stated. “They are subject matter experts and a resource for management.”
Managerial threshold test applied
The board used established criteria for determining when employees exercise sufficient managerial functions to warrant bargaining unit exclusion. The test focuses on whether individuals control other employees or make recommendations that materially affect workers’ economic situations.
The Calgary advisor’s mentorship and coaching work, while valuable, does not create meaningful labour relations conflicts, the board found. The Edmonton advisor’s greater involvement in hiring, discipline and policy development crossed that threshold.
Both advisors had objected to union inclusion, arguing their effectiveness would suffer if they were union members while advising management on safety matters involving union concerns.
The Calgary advisor said she “could not do her job” if she were in the bargaining unit, believing it would interfere with her objectivity when unions and management disagree on workplace safety issues.
The board found such potential awkwardness does not warrant exclusion from collective bargaining rights.
Program scope and structure
The Health Sciences Association of Alberta represents paramedical professional and technical workers at Alberta Health Services under a 2017 certificate. The workplace safety business partnerships program includes 51 advisors and five senior advisors across the province’s health zones.
The program provides safety expertise to operational leaders, staff and joint committees to promote alignment with policies, procedures and legislation across Alberta’s health system.
Alberta Health Services committed to workplace health and safety cooperation under its collective agreement, stating both employer and employees will take reasonable steps to eliminate, reduce or minimize workplace safety hazards.
See the original ruling here.
