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July 19, 2002
Rights for displaced nurses
Mediation breaks down, Labour Board schedules new hearings
The Labour Relations Board has scheduled new hearings Aug. 6 to 9 to determine how to implement its June 28 decision to expand the vacancy and bumping rights of displaced nurses.
The hearings follow the break down of mediation with HEABC. In mediation HEABC refused to recognize the key aspects of the Board’s decision that the Health Authorities, which were established by the provincial government last December, are the successors to the former regional and community boards. As such, they are the true legal employers of employees in the health sector.
BCNU wants the Board to rule
- That displaced nurses may access vacancies on an Authority-wide basis
- That displaced nurses with more than five years seniority may exercise their bumping rights on an Authority-wide basis.
- That displaced nurses with less than five years seniority may exercise their bumping rights either at their worksite, within their health service delivery area, or Health Authority-wide
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BCNU also wants HEABC to provide all relevant information including vacancies and positions held by junior nurses. In addition, BCNU is proposing that following lay off, recall rights will be to regular vacancies on a Health Authority wide basis.
Nurses who accept casual work after failing to get a position would add their seniority earned as casuals to their previous seniority with the Health Authority for the purposes of recall, and the seniority will be ported if she obtains a regular position within one year. Vacancy postings should be Health Authority wide.
BCNU is arguing that the effective date of the LRB decision should be December 12, 2001, the day the new Health Authorities were created.
Further, where integration and restructuring occurs in worksites affiliated to the Health Authorities and displaced nurses have no options at that worksite, nurses should have first consideration to vacancies in the Health Authority after the internal posting process has been completed. A successful candidate for a posting would port her seniority.
In mediation, HEABC’s claimed the LRB decision does not apply to BCNU because the Provincial Collective Agreement provides for worksite seniority. HEABC also argued that the decision does not apply at the Provincial Health Services Authority. They were not prepared to an expansion of rights Health Authority wide, they were not prepared to allow bumping outside the worksite, and they were not prepared to give employees choices.
BCNU asked HEABC to hold any layoffs in abeyance until the issue is resolved. In a July 18 letter to BCNU, Gary Moser, the CEO of HEABC, says "our affected members have undertaken to make an effort to minimize the impact of layoffs over the next few weeks. However, having said that, I am sure you are aware that proceeding in a timely fashion with restructuring plans is an extremely high imperative for health employers. The efficiencies to be gained through these plans are necessary to maintain our health care system. Therefore, there are some plans that will have to proceed in the upcoming weeks."
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