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Labour Relations | CUPE

2025-LR-CUPE

This webpage will be updated as information becomes available. 


School-based support staff are integral members of school communities, and we appreciate their dedication to advance the engagement, support, and success of all learners. 


CUPE Local 5040

View current collective agreement

Canadian Union of Public Employees (CUPE) Local 5040 represents the following active job roles at Foothills School Division (FSD):

  • Career Technology Studies Instructors (non-teachers)
  • Data Facilitators
  • Educational Assistants
  • Learning Commons Facilitators
  • Office Administrators
  • Secretaries
  • Youth Development Coaches


Current Status

Strike in effect as of February 24, 2025

February 20, 2025: At 4:00 PM, Foothills School Division received strike notice from CUPE Local 5040. The strike notice indicates the labour action will begin at 6:00 AM on Monday, February 24, 2025, impacting all schools. Initial picketing will take place near École Secondaire Highwood High School, École Secondaire Foothills Composite High School | Alberta High School of Fine Arts, and Oilfields School.




Timeline

Background

The Division is dedicated to collaborating with all bargaining units to negotiate existing and expired contracts. We were pleased to finalize the 2020 - 2024 CUPE Local 5040 contract on August 22, 2024, which resulted in agreed-upon wage increases for all members of the bargaining unit.  

Following that round of negotiations and mediation, FSD met with CUPE Local 5040 in September 2024 to begin bargaining on the 2024/2025+ agreement.  The timeline of the bargaining process is below. 

View the CUPE Bargaining Infographic


Recent Activity

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February 28, 2025

  • Scheduled mediated bargaining day.

February 21, 2025: Foothills School Division and CUPE Local 5040 negotiating teams met at the bargaining table. 

February 13, 2025: Foothills School Division receives the verified results of the CUPE Local 5040 strike vote from the Alberta Labour Board. This strike vote mandate is valid for 120 days (June 13, 2025). 

February 12, 2025

  • Unofficial results indicate that 82% of CUPE Local 5040 who participated in the supervised strike vote are in favour of labour action. (source)

February 10 & 11, 2025

  • CUPE Local 5040 conducted a supervised strike vote.

February 5, 2025

  • Foothills School Division received formal notice that the CUPE Local 5040 strike vote is to take place on February 9 and 10, 2025.

January 29, 2025

  • Foothills School Division is informed that CUPE Local 5040 has applied to host a supervised strike vote at the end of the cooling off period. 

January 26, 2025

  • The Provincial Mediator notified parties that he has booked out and that the 14-day ‘cooling off period’ has started. At the end of this period, it is within the right of the union to conduct a supervised strike vote, which may result in the Division receiving 72 hours’ notice that members of CUPE Local 5040 will take job action. 

January 24, 2025 

  • CUPE Local 5040 requested the Provincial Mediator to ‘book out’, of the mediation process without providing a recommendation to the parties for settlement and asked the Mediator to begin the cooling off period, as per the Labour Relations Code.  To 'book out' is a term used to stop the negotiation process, without providing recommendations.  

December 18, 2024

  • We met with the CUPE Local 5040 Bargaining Committee along with their national representative and provincial mediator.
  • Continued to work through each other’s proposals. Progress was made on a number of issues with some agreement on a few clauses.

 

December 5, 2024

  • December 5, 2024 bargaining meeting postponed for the reason that the mediator, requested by CUPE Local 5040, was not available to attend. This was discussed and addressed at the December 3, 2024 meeting between FSD, CUPE Local 5040, and the mediator. 

 

December 3, 2024 
  • Foothills School Division met with local and national representatives of CUPE Local 5040, along with a provincial mediator, at CUPE’s request, in an effort to reach a new collective agreement.

  • A discussion was held, and some progress was made.
  • Further mediation dates are being scheduled, with the next meeting to take place on December 18, 2024.

 

September 26 & 27, 2024: 

  • CUPE Local 5040 and the Division’s bargaining teams met.
    • Exchanged initial proposals and began reviewing and engaging in discussions to understand each other’s priorities and positions.
    • Both parties verbally agreed on a few points but have not signed off on any items.




Communications from the Superintendent

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Impact to Learning & Operations

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We understand that this news of labour action is a concern. The members of our school-support staff team are key to the engagement, support, and success of all learners, and they make a significant impact on our students' lives. As a school division, the safety and well-being of every learner is our top priority. We respect the right of our colleagues in CUPE Local 5040 to take job action and know that any job action will impact the operation of our sites. 

Foothills School Division is currently enacting its contingency plan to best assure student and staff safety, well-being, and continuity of student learning. Schools will be open during any job action. Classes from Junior Kindergarten through to Grade 12 are in operation. Schools will continue to be safe, welcoming, caring, and respectful learning environments. However, adaptations to operations will be in place, and school-specific changes will be communicated directly by your child’s school. We have implemented the following system-wide operations:

    • Bus service: FSD Transportation Services and bus routes will run as per usual. Please check the Bus Route Status page at our website for route delays or cancellations. 

    • Students needing additional supports:  We have assessed the needs and have created plans to best support students and provide continuity of learning. Accordingly, individual students requiring additional support may learn from home during the strike. Impacted families will be contacted directly by school leaders to review plans, opportunities for in-person learning, and access to resources for temporary at-home learning. Our primary responsibility is student safety and well-being. 

    • Student Attendance: Teachers will continue to record attendance at the start of the day, and for each class (middle and high schools). This is to keep families informed of their child’s attendance.
      • Each school has an attendance reporting email and phone extension. Please use one of these methods to report your child’s absence.
      • For pre-planned late arrivals or early pick-ups for medical appointments etc., please email to inform your child’s teacher/home room teacher in advance. 
      • To promote the safety of students, we will be notifying student contacts by phone call and email if a student is marked absent at first attendance. 
        • A notification of a student’s absence record will also be issued at the end of day for junior and senior high school students. 

    • Drop-off & Pick-up: While picket lines are not to be on school/division property, please allow extra time due to potential delays caused by picketing near schools. Designated drop-off areas will be supervised to assure student safety. 

    • Picketing Locations: Specific picketing locations cannot be predicted; we assure you that all necessary safety measures are in place to protect students and staff. 
      • Picketing can occur off school property and on adjacent public grounds or sidewalks. 
      • Picketing is intended to slow down, but is not to inhibit, an individual’s access to a school or Division site. Students and families may cross the picket line. 
      • All non-striking employees are permitted to enter the school property. Employees who are not under a union strike mandate are to report to work as normal.

    • Reporting unsafe behaviour:  If you notice unsafe conditions for individuals accessing the school, please contact the local RCMP at 403-995-6400 (Okotoks), 403-652-2356 (High River), 403-933-6600 (Diamond Valley/Foothills County).

    • Joint Use:  Joint-use facilities such as evening gym activities, will continue as scheduled, FSD will be monitoring use and reserves the right to suspend activities, if required.  

  • Safety is a shared responsibility
    We recognize that changes to routines and school operations may impact your family. Foothills School Division is currently enacting its contingency plan to best assure student and staff safety and well-being. We appreciate your understanding while we adapt to working without some of our team members. We also appreciate your participation to maintain safety and well-being of all students and staff members. Each school will be adapting to this labour disruption to best serve site-specific operations; should you receive notification of changes, we appreciate your cooperation to observe and follow the revised protocols. The procedure to report concerns has not changed and is reflected in FSD Administrative Procedure 151

    Foothills School Division holds the safety and well-being of all students and staff as a priority. We commit to open and respectful communication with you, our partners in education. As this situation develops, further adaptations to operations and learning opportunities may be required. The Division, or your child’s school, will communicate those changes with you as effectively as possible. 



FAQs for Families

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What is the provincial framework for negotiations?

As per the Public Sector Employers Act (PSEA), bargaining directives (monetary items and compensation) are issued to all public sector employers negotiating contracts with unionized staff, and we cannot operate outside of these parameters. Bargaining directives were implemented in Alberta, through the Provincial Bargaining Compensation Office (PBCO) in December 2019 following the passage of the PSEA.  As such, School Divisions and other government entities are required to use the directives to inform and guide negotiations.

View the CUPE Bargaining Infographic


What is job action?  

The term job action can be defined as an action taken by employees or the employer to inconvenience, pressure, or attempt to force the granting of certain demands between the parties as a result of the collective bargaining process. Job action can occur when bargaining unit employees choose to strike, or when the employer chooses to lockout bargaining unit employees. Other terms used to describe job action include ‘work stoppage’ and ‘labour disruption.

Job action activities could include strikes, rotating strikes, lockouts, and passive “work to rule” activities, such as: refusing to report to work as scheduled, leaving work early, refusing to perform assigned work, groups calling in sick at the same time, engaging in slow downs, attending union meetings or information sessions on the employer’s time and without employer permission, etc. 

Source Alberta Labour Relations Board 


When can a union go on strike?

There are several requirements for unions to hold a legal strike. These include: 

  • Any collective agreement between the union and the employer must be expired. 
  • The parties must enter into collective bargaining. 
  • The parties must work with a government- appointed mediator. 
  • A 14-day cooling-off period must elapse following mediation. 
  • A Labour Board-supervised strike vote (unions) or lockout poll (employers) must be taken, and a majority of those voting must agree to the strike or lockout. 
  • One party must serve the other (as well as the mediator) with 72 hours of notice before the strike or lockout commences.

Source Alberta Labour Relations Board

How long will the strike last? 

  • The duration of a strike cannot be determined. We remain committed to working with the CUPE Local 5040 negotiating team to collaboratively come to an agreement that is within Division and provincial constraints and that recognizes the value our team members provide to the organization. 


Will my child still be able to attend school? 

  • Schools will remain open during the strike action. 
  • Within our obligations under s. 33 (1)d of the Education Act to provide a safe learning environment, we are prioritizing the safety and well-being of all students and staff. 

 

What if my child has complex needs and requires additional supports? 

  • We understand the unique needs of students with complex needs. We are assessing the needs of students and creating individualized plans. Direct communication to affected families will be sent once office strike notice is received. 


Will buses be running during CUPE job action? 

  • Bus services will proceed as usual. Please check Bus Route Status for route delay and cancellation updates.


How will I be notified about school changes? 

  • Direct communications will be via email to the contacts that are associated on each student account. Please access your Edsembli Family Portal account to update your contact information, including granting FSD permission to email you, as per the Canadian Anti-Spam Legislation. 
  • Updates and an archive of communications will be available on this Labour Relations page. 


How do I get a hold of someone at the school if secretaries are not there?

  • FSD schools will have limited reception coverage during a labour involving CUPE Local 5040. There may be a delay in answering phone and email inquires.
  • Parents and guardians are encouraged to reach out to the classroom teacher via email should they need to reach the school. 


What if the matter is urgent or if there is an emergency where I need to contact my student at school? 

  •  For emergent situations call your school and we contact school leadership for you.


Where can I find more information?  

  • This webpage will be updated as information becomes available. Please contact your school Principal for student or site-specific questions. 


What can parents and guardians do to help during this time?

  • We encourage families to remain patient and understanding during this period. You can help by assuring that your child is prepared for learning each day and for potential changes to their daily routine and by staying informed through official FSD updates.


Can I volunteer at my child’s school to help during the strike?

  • While we appreciate offers of assistance, schools must adhere to specific protocols and may have limited capacity to integrate volunteers. Please check with your child’s school if they are accepting volunteer help.


What is the school division doing to resolve this dispute?

  • FSD is committed to ongoing negotiations and reaching an agreement with CUPE Local 5040. We value the important contributions of our staff, including those who are CUPE members, and are working towards a resolution that supports both staff and students within provincial and Division parameters. 


How can I support my child's understanding of the labour action?

  • Children will be naturally curious about the change in their school environment. Students interact with teachers, learning commons facilitators, office administrators, and other support staff roles  every day. These individuals are a big part of each student’s school engagement, support, and success.  It is important that we discuss the labour action in a manner that remains respectful of all parties and presents information in a straightforward way.  We can’t always control how kids repeat what they absorb, so it is best to answer questions as neutrally as possible, explaining different sides. 
    • If a child asks about the strike, explain that the union is advocating for their collective agreement, which is the terms of their employment as a group. The union and the school division are figuring out how to best come to an agreement that recognizes the important work of the school-based support staff employees and also meets the parameters set by the province and the division.  
    • If a child wonders why people seem angry, mention that education is important, and this can lead to strong emotions. Remaining respectful despite high emotions is most important. 
    • Address the child's specific worries. Refer to the school’s operational adaptation plan as communicated by the principal.  Remind the child that families and schools are working together to make sure everyone stays safe. 
    • Emphasize that learning and safety is the priority. 


My child is showing big emotions. What can we do?

  • Students who are concerned, anxious, or experiencing big emotions at any time, or about the absence of school team members/strike activity outside their school are encouraged to speak with the Family School Liaison Counsellor. 
  • We recognize and understand dealing with uncertainty and change in routine can impact both adults and children. Our goal is to maintain regular school business and activities as much as possible. 
  • As well, parents and caregivers are encouraged to reach out to supports and resources available in your local community. Link to Community Supports page

 






FAQs for FSD Employees


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Alberta.ca | Employee Labour Relations Support Program

Is it legal to cross a picket line and return to work with the employer?

  • Yes. Employees can decide to return to work at any time. There is no law or legal requirement that prevents an employee from crossing a picket line and engaging in work with the employer during a strike.


Will I lose my job once the strike is over if I cross the picket line because the union says I will no longer be ‘in good standing’?

  • No. You will not lose your job if you cross the picket line, but the Union may discourage you from working by threatening fines or imposing discipline.
  • CUPE is prohibited by law from doing anything that would affect your employment, security, and your promotional opportunities if you decide to work.


Can a union impose a fine or punish its members?

  • We cannot speak on behalf of the union. Please bring this inquiry to the Labour Board or your local. We expect that CUPE’s constitution allows for fines. If you are not a member of CUPE, you are in no way bound by their constitution and no action of any kind purporting to fine you can be taken.
  • CUPE cannot collect fines. This position has been made clear in a variety of cases across Canada. This means that they can “fine” you, but they cannot collect that fine.



Questions or Concerns?

Please direct your questions and comments to communications@fsd38.ab.ca


Media Contact:

Manager of Communications & Community Engagement
communications@fsd38.ab.ca


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