Ruling Issued in Paid Holiday Grievance

BCNU is pleased to announce that it has received an arbitration ruling on paid holiday entitlements from Arbitrator John Hall. The ruling follows an earlier agreement reached through mediation and arbitration on the rescheduling of paid (statutory or rotational) holidays.

In May 2024, BCNU filed an Industry-Wide Application Dispute (IWAD) regarding Article 39.01 of the Nurses’ Bargaining Association provincial collective agreement. An IWAD is a grievance to address widespread disagreements over interpretations or applications across multiple employers or health authorities.

Following the initial settlement agreement between BCNU and the Health Employers’ Association of BC (HEABC), the parties continued to disagree on the application of the award. As a result, BCNU filed additional grievances around three issues:

1. The interpretation of the “advanced notice” requirements in Article 39.04 (D), which awards premium pay when a member’s schedule changes with less than 14 days’ advance notice. 
2. Whether a nurse is entitled to premium pay and to have the day rescheduled when they pick up a shift on a different work unit or in a different classification on a scheduled stat day.
3. Whether the principles of “mutuality” must be applied when a statutory holiday is rescheduled.

Following written submissions from BCNU and HEABC and multiple hearing dates, Arbitrator Hall accepted BCNU’s position that the 14-day notice period begins when a member is notified that they have been awarded the shift, not when the employer awards the shift. Arbitrator Hall also accepted the union’s position that premium pay applies when a nurse picks up a shift on another unit or classification. However, Arbitrator Hall agreed with the employer that nurses working a Monday – Friday (or five-on/two-off) schedule must agree to waive the two-day restriction to accept an additional shift on a day that was originally scheduled as a paid holiday. Staff must confirm that the nurse is willing to waive the two-day restriction. 

Finally, Arbitrator Hall acknowledged that the parties now agree that mutuality applies when rescheduling paid holidays, but that it is not an absolute requirement when considering requests to reschedule a statutory holiday. The employer may continue their current practice of considering requests subject to operational requirements but is not required to approve them.

Arbitrator Hall dismissed BCNU’s application for damages in this matter.

BCNU staff will review the files related to the paid holiday application and contact individual grievors when their review is complete.