Long Awaited Victory for Unionized UPS Guards

After a long and strenuous legal battle, the Alberta Labour Relations Board (ALRB) ruled on December 4th, 2012, that United Protection Services (UPS) is indeed the successor employer of United First Nations Alberta Corp (UFNAC).

This dispute began almost a year ago when UFNAC security guards voted in favour of union representation with United Food and Commercial Workers Local 401. In response, UPS terminated its contract with UFNAC and absorbed its unionized workers into the UPS Company, thus denying the employees the representation they had chosen.

Sucessorship provisions under the Alberta Labour Code are established to maintain the standing of a union certification, and the workers’ right to union representation, should a business sell, transfer or merge with another business.  As ruled by the ALRB, the merging of UFNAC and UPS falls under the sucessorship legislation and the Local 401 union certification of the UFNAC security guards will hold.

“This is an incredible victory for these security guards,” says Local 401 President Douglas O’Halloran.  “We knew from the beginning that we had a strong case for sucessorship and it’s extremely gratifying to put the matter to rest.  We can now look forward to negotiating a strong union contract for these very deserving guards.”

The ALRB has scheduled a Resolution Conference and Case Management Conference between Local 401 and UPS to be held on December 11 and 12, as well as a hearing on December 13, 2012 to address the effects of this ruling.  These upcoming dates are encouraging steps towards resolving the various outstanding unfair labour practices Local 401 has filed against UPS and STEU. 

“I would like to personally thank all UFNAC/UPS Guards for standing by Local 401 through what seemed to be a never-ending ordeal,” continues O’Halloran.  “Their resolve has been rewarded with this ruling, and they can be assured that Local 401 will continue to fight and emerge the victor as we did here”.

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