A goodwill arrangement with no paper trail just cost AFL in arbitration

A secondment that launched without a single word in writing and expanded well beyond its original scope ended in a formal arbitration ruling.

In a decision issued February 19, 2026, Arbitrator James T. Casey, K.C. found that the Alberta Federation of Labour violated its collective agreement with Unifor Local 445 by allowing a seconded employee's duties to drift into bargaining unit territory without securing the union's agreement.

UFCW Local 401 had fallen behind on federation fees during the COVID-19 pandemic. Rather than pursue the debt, the AFL accepted the services of "AB," a respected workplace organizer, as an offset, with UFCW Local 401 continuing to pay his salary and benefits. The arrangement launched in April 2022 with no written agreement on AB's duties, duration, or relationship to the bargaining unit.

Ironically, Unifor Local 445 itself had initially preferred the secondment structure, asking that AB remain employed by UFCW Local 401 rather than join the AFL as a direct hire. The AFL agreed. Casey found that neither party had formally agreed on the scope of AB's work, its duration, or its implications for the bargaining unit.

"Long experience teaches those in labour relations that a failure to carefully document employment relationships and agreements which are out of the norm sows the seeds for future serious disagreements between employers and unions with respect to the arrangement,"...

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