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August 22, 2002
Labour Relations Board issues decision on seniority list rules for displaced health workers
 Labour Relations Board Decision - 192K pdf
On June 28, 2002, the LRB declared the six new Health Authorities to be the successor employers to the Regional Health Boards, Community Health Councils, and the Community Health Services Societies. In that decision, the LRB stated there should be dovetailed seniority lists but that the parties should, through mediation at the LRB, try to agree on what those lists would look like for the purposes of Bill 29 and the Provincial Collective Agreement. This mediation attempt failed.
The Board then held hearings in August regarding the parties positions on dovetailing. That decision was published on August 20, 2002.
The LRB stated that they would make no decision on the Provincial Health Authority at this time and that this would be argued at another hearing. Of the five remaining Health Authorities, the LRB stated that there should be dovetailed seniority on the following basis as per new "expanded protection zones".
The new "Expanded Protection Zones" are:
- Northern Health Authority (3) - Northwest, Northeast, Northern Interior
- Interior Health Authority (4) - East Kootenay, Kootenay Boundary, Okanagan, Thompson Cariboo
- Fraser Health Authority (2) - Fraser Valley, Simon Fraser/South Fraser
- Vancouver Coastal Health Authority (1 only)
- Vancouver Island Health Authority (2) - South Vancouver Island, Central/North Vancouver Island
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The dovetailed seniority list shall apply to all worksites that are owned and operated by the five Health Authorities represented by the Health Employers Association of BC (HEABC). Each Health Authority shall create a dovetailed seniority list for each bargaining unit (ie. one list for the Nurses’ Bargaining Association) for each of the twelve areas identified above.
The dovetailed seniority list shall be used only for the purpose of enabling displaced employees to preserve employment through bumping in accordance with the Regulations for Bill 29, filling unfilled vacancies, placement on the casual call-in list at other work sites and recall pursuant to the collective agreement. Displaced nurses can exercise their seniority rights within the "expanded protection zone" when applying for unfilled vacancies.
If an employee transfers to another worksite according to Section 4 of Bill 29 or through exercising their rights under the LRB decision, their seniority and benefits shall be transferred with them.
The effective date of the award is June 28, 2002. Any employees who were laid-off prior to June 28, 2002 and could not take advantage of the Employment Security Labour Agreement (ESLA) shall be treated as if they were laid off now and will have an opportunity to exercise their seniority in accordance with this award.
The LRB also stated that the Health Authorities without authority wide dovetailing could choose to offer unfilled vacancies to displaced employees on an authority wide basis.
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