Strike replacing LPNs with RNs

[jyasinski@una.ca]

Can I get some clarification on replacing a LPN with RN during the AUPE strike? We got an email from manager saying we could do this and I questioned him- this was his reply:

In some areas that is accurate information. It does not apply on our unit. That is because our normal practice is to replace RN's with LPNs and LPNs with RNs. During the strike we can continue normal business operations.
If this was not our normal practice, then we would not be allowed during the strike.
I hope that clarifies your question.

Thanks for any help in this!

[joanne.moody@una.ca]

HI, thank you for your inquiry – I suggest you advise the manager that UNA disagrees with their response and we support AUPE. AUPE’s ESA states clearly: “During a strike or lockout at a site, the Employer shall not … assign work that would normally be performed by an employee in the bargaining unit that is on strike or lockout to employees in other bargaining units.”

UNA members are encouraged to not do LPN work. In the event you are ordered to do LPN or HCA work, obey and grieve later if your refusal is met with the threat of discipline. Immediately inform your Local or UNA Labour Relations Officer if you feel you are being asked to do the work of striking employees, if more RNs/RPNs are suddenly being scheduled to work, or if you are reassigned to a different work area.

[lcoughlan@una.ca]

Prior to obeying a direction to perform replacement work, you have the right to identify to your manager that you believe this is work normally performed by LPNs and that asking you to perform the work would be asking you to replace a striking worker which is not permitted by the ESA. You can suggest (politely) that you believe the work should be performed by a designated essential services worker. If they insist that you provide the services then obey and notify the union.