LRB makes decision on LPN seniority

October 25, 2013
LPNs working in non-nursing FBA classifications can keep FBA seniority

The British Columbia Labour Relations Board has made a ruling on LPN seniority that provides broad principles on how to apply LPN seniority due to their transfer to the Nurses' Bargaining Association (NBA).

The BC government transferred LPNs to the NBA on April 15, 2013, and the LRB's LPN seniority principles will apply to the following groups of LPNs retroactively to that date:

LPNs who worked in non-nursing classifications in either the Facilities Bargaining Association (FBA) or the Community Bargaining Association (CBA) will keep their full FBA or CBA seniority hours in those classifications.

a. Their FBA or CBA seniority hours will also be credited to the NBA

b. After April 15, 2013 LPNs will not accrue seniority in the following circumstances:

  • in the NBA for working in non-nursing classifications
  • in the CBA/FBA for working in nursing classifications

Here's an example of what this means:

LPNs can continue to apply for non-nursing work in those agreements with their full seniority and will add to their FBA/CBA seniority only while working in non-nursing classifications.

After April 15, 2013:

  • 100 hours worked as a care aide will be added to their FBA/CBA seniority, but not their NBA seniority
  • 100 hours worked as an LPN will be added to their NBA seniority but not their FBA/CBA seniority

Their full FBA/CBA seniority as of April 15, 2013 will also become their NBA seniority.

LPNs who did not work in non-nursing classifications in the FBA/CBA will have their full seniority transferred to the NBA and have no remaining seniority rights under the FBA/CBA.

a. LPNs without FBA/CBA seniority who want to work in non-nursing roles must apply to the ??appropriate employer under the terms of the FBA/CBA

Here's an example of what this means:
An LPN with 10,000 FBA or CBA seniority hours who earned all of their seniority as an LPN will have 10,000 hours transferred to the NBA. They have no remaining seniority hours or entitlements in the FBA/CBA.

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