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January 30, 2002
Most experienced, senior nurses stand to lose on inferior bumping language
Further interpretation and analysis of Bill 29 raises fears of just how far the government and the employers are willing to go to decimate health care delivery and nurses’ rights.
Bumping rights under Bill 29 are severely limited. As facilities close or downsize and as services transfer, many of our most experienced senior nurses could be forced to choose termination or work in areas outside their interest or specialized practice:
- your bumping rights will depend on whether you have more than five year’s, or less than five year’s service
- if you receive notice of layoff, the employer must give you a seniority list of all nurses with less than five years seniority at your work site
- if you have more than five years seniority, you can bump only into a position you are "qualified and capable of performing" that is held by somebody with less than five year’s seniority
- if you have less than five year’s seniority, you can only bump the most junior employee "whose hours of work are comparable." Comparable is defined as somebody whose hours of work differ by no more than 20 per cent from your own regularly scheduled hours
- if you want to bump somebody in your own work site, you have 48 hours after receiving the seniority list to decide
- if you want to bump somebody outside your work site, you have seven days, but it is not clear how you can do this if you’re only going to be given your work site seniority list
- if you do not exercise your bumping rights, you can be laid off after seven days from being given the seniority list.
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Next steps - action
It’s important to take action now because we know the government is considering further legislation on wage and benefit rollbacks which could affect nurses negatively. Only by convincing the public and employers that legislation is not the way to go, can we hope to limit or prevent further legislation. Here’s what you can do:
- attend union meetings on cuts and contract rollbacks
- get involved in local fight back campaigns in your communities and work sites
- check the BC Federation of Labour web site for details of Campaign BC at www.campaignbc.ca
- watch for notices in local papers
- check your union bulletin board for information
- visit or write a letter to your MLA, to force them to either defend cuts to healthcare in their communities or to challenge their own party when they take such drastic and reckless actions
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