Alberta LPNs' application to be classified as 'direct nurses' dismissed by labour board

Licensed practical nurses in Alberta will remain classified under auxiliary nursing after the Alberta Labour Relations Board dismissed a formal application to reclassify the role as direct nursing care, as is the case with registered nurses.

Currently in Alberta, LPNs fall under the auxiliary nursing bargaining unit alongside nursing assistants and health-care aides.

Other provinces — including B.C., Ontario and Nova Scotia — formally recognize LPNs as nurses.

The five-member grassroots group LPNs for Change argues that their scope has changed drastically over the decades and therefore LPNs deserve to be recognized as direct nurses.

In its official decision, the labour board listed a number of reasons for dismissing the application, including:

• Approving the application would effectively gut the auxiliary nursing unit by removing LPNs.

• There is still a difference between direct nursing care and auxiliary nursing care units, though the dividing line is becoming harder to draw.

• Health care delivery has changed across the board over the decades but most functional units remain relatively constant.

• Functional units must be stable as it sets the foundation for collective bargaining.

The Alberta Labour Relations Board also said it will no longer accept applications of this nature filed by employees.

"I was in shock. I was definitely not expecting it to be dismissed because we did submit 1,000 pages of evidence," said LPNs for Change member Quintin Martin.

"I think this is just going to cause further unrest within the profession…. This dismissal just proves that we are disrespected."

Another member, Ginny Wong, said after reading the reasons for dismissal, she felt like they were destined to fail.

"I don't think we had a chance [from] the beginning," said Wong.

Martin and Wong said they plan to appeal the decision.

Dismissal request initiated by unions

The dismissal request over the summer was initiated by the Alberta Union of Provincial Employees (AUPE), which represents most LPNs in the province.

In a written response at the time, legal counsel for AUPE told the labour board that the application was "improper, without merit and bound to fail."

It was then backed by the Canadian Union of Public Employees (CUPE) and United Steelworkers Union (USW).

AUPE president Guy Smith said Friday he is disappointed that the Court of Appeal overturned the injunction against Bill 9, which was granted on July 30, 2019. (Dave Bajer/CBC)

Guy Smith, president of AUPE, said the process was a "painful distraction" for everybody involved.

He said he recognizes that the relationship with some members may be strained, but the union proudly represents up to 16,000 LPNs — and he's focused on ensuring they get the pay they deserve during upcoming negotiations.

"We know they do a phenomenal job on the front lines of health care. They're an integral part of the health care team and we've proudly represented them for decades," said Smith.

"We recognize that their scope of practice has changed, their work environment has changed and that the health-care system is leaning very heavily on their skills and professionalism. We're determined to make sure that's recognized when we negotiate with their employers."

Rory Gill, president of CUPE Alberta, said he was pleased to hear that its members — approximately 500 LPNs — won't have to worry about losing their union.

"We felt that this application, although it came from a small number of licensed practical nurses, would have a huge effect on every nurse, every licensed practical nurse," said Gill.

"I think the board made the correct decision, and it was a balanced decision."

The United Nurses of Alberta was the one union that supported the group's initiative. A spokesperson declined to comment.

'I've been exploring how to leave Alberta'

The dismissal comes less than a month after the Alberta government received 90 recommendations from a panel on how to better prepare its health-care system for public health emergencies.

The panel, led by former Reform Party leader Preston Manning, recommended expanding the use of LPNs to free up registered nurses for more complex work, and to save costs.

The province has not said whether it will act on the recommendations.

Zarah Jane Munar says she's looking into moving to Saskatchewan — where LPNs are recognized as nurses — after hearing the Alberta Labour Relations Board dismissed the application for reclassifcation. (Submitted by Zarah Jane Munar)

"There's nothing else to increase unless you're going to make me be a charge [nurse] on a unit," said Angela Holmes, who's been an LPN in Calgary hospitals for five years.

"I'm disappointed, obviously, that I'm not called a direct nurse — that I'm basically, in the eyes of the public, a nurse's helper. But yet, I will take the sickest patient sometimes and have to do stuff that the RNs aren't certified to do."

Holmes said if Alberta LPNs aren't recognized or paid as nurses, their scope of practice should be decreased.

Zarah Jane Munar, an LPN of six years who works in a Calgary emergency department, said the last few years have been dark for health-care workers, and the labour board's dismissal is "insulting."

"Honestly, I've been exploring how to leave Alberta after that," said Munar.

"We've been living in Alberta for 11 years … and we love being here. But career-wise, thinking of how low morale is for LPNs and also their plan for the health-care system of Alberta, it's scary."

Munar said she's looking forward to LPNs for Change's appeal.