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May 7, 2003
LPNs not allowed to join BCNU Provincial Collective Agreement
BCNU has been receiving calls from LPNs asking if and how they can leave HEU and join BCNU.
The simple answer is that it is not possible. A small group of members (such as the LPNs) can’t leave a larger bargaining unit unless this decision is made by all of the members of the bargaining unit as a whole.
Under the B.C. Labour Relations Code there are two provisions for allowing a change in Union representation.
Section 19: In the seventh and eighth month of each year of the collective agreement, a Union can approach members of another Union and invite them to change their Union representation. If the raiding Union signs up a majority of the members of the entire bargaining unit, an application can be made to the Labour Relations Board to allow the change in Union at that worksite.
Even if BCNU signed up LPNs, the legislation governing health sector union associations says that only Registered Nurses and Registered Psychiatric Nurses can be in the Nurses Bargaining Association and covered by the NBA Provincial Collective Agreement.
In addition all members of the B.C. Federation of Labour have agreed not to carry out raids on other members of the Federation. BCNU, as a member of the Federation, would not raid HEU.
Section 33: Members of a Union can voluntarily decertify from that Union. Again, this must involve the entire bargaining unit and at least 45% of the membership must sign an application to the Labour Relations Board asking for a vote of the bargaining unit as to whether to continue as members of the present Union or not.
But a positive decertification vote immediately cancels the Collective Agreement and all terms and conditions of employment are open to change. The Employer can reduce wages, eliminate benefits, and terminate employees, only having to meet Employment Standards.
What’s worse is that the employees of that worksite must remain unprotected and non-unionized for 10 months unless they choose to go back to their original Union. If after the 10 month period, the employees wish to join another Union, then all the same rules apply for a new certification- at least 45% of all of the employees (including casuals) must sign a Union Application and a vote must be held with 50%+1 voting in favour of the Union.
BCNU would never recommend decertification to any Union members, and especially not as a solution to changing Union Representation.
HEU is facing difficult times with the external attacks of privatization and potential loss of thousands of members. BCNU is supportive of HEU’s actions in attempting to negotiate with the Government and limit the effects of privatization on their membership. We are encouraging LPNs to unite with other members of their Union and fight any further erosion of unionized members rights.
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