BURNABY – The BC Labour Relations Board (LRB)’s recent decision dismissing raid applications by the BC Nurses (BCN) sends a clear message that predatory organizing tactics will not be tolerated in the health care sector and that the protection of labour relations stability remains a top priority, says CUPE.

In a decision released on April 11, the Board dismissed all seven BC Nurses (BCN) raid applications filed late last year. In the applications, the BCN attempted to carve out two classifications within the Health Science Professionals Bargaining Association (HSPBA) across a number of health authorities: Psychologists and Psychometrists – Testing Technicians.

In recent years, the BCN successfully raided all 7,000-plus LPNs from HSA, HEU and CUPE in the HSPBA as an exception to the Board’s normal policy against classification-based raids. In the recent case, the BCN sought to expand on that exception, in order to represent a much smaller group made up of Psychologists and Psychometrists who were members of HSA and PEA.

HSA and PEA filed objections to the raids, raising a number of technical and substantive arguments. CUPE, HEU and BCGEU intervened in the case, also opposing the raid applications. In a comprehensive and well-reasoned decision, Vice-Chair Kandola dismissed the BCN’s raid applications as they did not identify units appropriate for representation.

The Vice-Chair did not address all of the objections raised but, after a thorough review, found that she could decide the case based on two primary objections. First, the raid applications constituted partial raids—problematic in the health care sector because “such applications lead to fragmentation of the existing bargaining unit and result in a proliferation of bargaining agents.” Second, the raid applications were classification-specific. Such units, said Kandola, “run afoul of the Board’s well-established appropriateness principles, would lead to the inappropriate proliferation of units within the subsector, and give rise to industrial instability.”

The LRB’s rejection of such raiding tactics is a resounding defeat for the BCN’s predatory raiding activities across the health sector in B.C. With this decision, the Board has stamped out any hope that they might expand on the LPN exception or revisit their established policy against raids that fragment existing units—making this a good decision for labour relations stability in health care.

February 17, 2016

BURNABY – As you know, the grievances and subsequent arbitrations surrounding the transition to the 37.5-hour work week resulted from a failure of the health authorities to follow the consultation process required by the Memorandum of Understanding (Appendix 27 – Re: Transition to 37.5-Hour Work Week. See p. 186 of the Collective Agreement).

Three CUPE locals were involved in this issue. Two of these locals decided to reach a settlement through a mediation/arbitration process with Vince Ready and Corinne Bell. CUPE Local 4816 declined the employer’s settlement offer, which was substantially lower than that offered by Vancouver Coastal Health and Island Health (formerly known as Vancouver Island Health Authority or VIHA).  CUPE 4816 elected to go forward with an arbitrated decision. (See previous updates).

The Island Health agreement affecting members in CUPE Local 1978 was reached on Nov. 17, 2015. The Vancouver Coastal Health agreement affecting members in CUPE Local 15 was reached in principle on June 12 and finalized on Nov. 5. The award for CUPE Local 4816 Fraser Health workers was announced on Dec. 18.  The outcome, which was similar for all three, resulted in 10-12 paid days off to be used by the successful grievors throughout the life of the collective agreement.

The general criteria used to determine which grievors qualified for redress were:

• Members had to have submitted a grievance.
• There had to have been a demonstrable violation of the Process Award (see Part A and Part B).
• Members had to have been in a department that was covered by the Process Award when the grievance was filed, and;
• Members had to have remained in a department covered by the grievances to have the full benefit of the settlement. Grievors who moved departments, either before or after the settlement, may suffer a reduction or elimination of their redress, depending on the particular circumstances.

Please note that each health authority had different earned-days-off policies and practices. The particular details and terms of each settlement or decision, although similar, are specific to the facts of each respective health authority.

The Health Presidents Council would like to thank all the stewards, members, and local officers who diligently pursued these grievances.

Full details of the settlements and award can be seen below.

1)    Island Health VIHA

2)    Vancouver Coastal Health Authority

3)    Fraser Valley Health

BURNABY – More than 750 CUPE members represented by the Health Sciences Professional Bargaining Association (HSPBA) will soon have greater control over their benefits, thanks to a new joint benefits trust that will better address members’ needs.

The Joint Health Sciences Benefit Trust (JHSBT) was negotiated as part of the 2014-2019 HSPBA collective agreement to protect and enhance members’ benefits. The HSPBA/HEABC Working Group tasked with setting up the JHSBT has made substantial headway on a long list of priorities in advance of the anticipated hand-over of responsibility to the joint trust. Key documents for the new trust are in place and the work of companion agreements are nearing completion as the Working Group moves closer to concluding the formal negotiation stage which began in 2014.

Troy Clifford, CUPE’s representative on the JHSBT working group, describes the trust as a progressive and innovative approach that will lead to better, more secure benefits.

“The JHSBT is a better trust model than the traditional health and welfare trust model. There’s more flexibility for members, improved oversight and better value for service,” said Clifford.

For more information on the JHSBT, see the HSPBA’s joint release. You can also contact Troy Clifford at tclifford@cupe.ca or your respective CUPE Local HSPBA representative.

Your Joint Health Sciences Benefit Trust (JHSBT) Working Group has been making a lot of progress recently—both in establishing the trust itself and in securing important provisions for the negotiated trust language. Key achievements reached during the last 18 months of negotiation include:

1.     A better trust model: the JHSBT is an Employee Life and Health Trust (ELHT) rather than the traditional health and welfare benefits trust. By negotiating the ELHT model, the new plan will be able to take advantage of more favourable tax treatment on investment income. It will also be allowed to accumulate surpluses and reserves in a manner not permitted under the traditional health and welfare trust model.

2.     Sustainability: The ELHT model is a more sustainable arrangement for health and welfare programs only recently permitted under federal statute. These new rules were a concession by the federal government during the near bankruptcy of General Motors in 2009. The new rules only apply to new health and welfare trusts – including our JHSBT.

3.     More flexibility for members: The ELHT model gives trustees more flexibility in managing and planning changes and improvements to the benefit plan going forward. Under a yet-to-be determined fixed funding formula (expressed as a fixed percentage of regular straight-time payroll) trustees will be required to operate within a fixed income stream. However, having the tools to create contingencies and reserves as permitted under an ELHT will result in more certainty and stability for the JHSBT in the years ahead. This means that members can continue to count on a good quality benefit plan – a high priority for HSPBA and its CUPE members.

4.     Improved oversight: As partners in the JHSBT, trustees for the Health Sciences Professionals Bargaining Association (HSPBA) will have access to financial and claims data information as never before. Full disclosure of this information will allow for better oversight and help shape policies that better serve the needs of plan members. The partnership created by the JHSBT means the HSPBA will finally be on equal footing with the Health Employers Association of BC (HEABC) regarding the benefit plan – similar to the Municipal Pension Plan partnership which has been in place since 2001.

5.     Better value for service: Trustees will be responsible for all aspects of the relationship between the JHSBT and contracted service providers Pacific Blue Cross, Great West Life and the Health Benefit Trust. As owners of the benefit plan data, the JHSBT can ensure good value for the services provided. This means there will be competition for our business and an opportunity to see what innovations are available in the benefits field. Like most industries, technology is driving rapid changes in service delivery models world-wide. The insurance and benefits industries are no different, and some of these innovations should yield benefits for both members and providers of benefit plans.

6.      A surplus from the LTD plan: Since mid-2006, members have paid 30 per cent of the cost of premiums for the LTD plan. Last July, as part of our due diligence for the JHSBT, HSPBA became aware that LTD premiums began generating surpluses in late 2012. The surpluses were a result of excellent market returns, (the BC Investment Management Corporation manages the funds – the same people managing your pension plan investments) and lower than expected LTD claims experience. Anticipating that this trend would continue – and on the advice of our legal, actuarial and benefit advisors – HSPBA secured an agreement for a Member Premium Trust Account. This account secures and segregates these monies for the exclusive administration for members by the HSPBA trustees once the JHSBT is operationalized in April 2016. While it is difficult to know just how much money this will generate for the Member Premiums Trust Account, it should go a long way to provide benefit security for HSPBA members right through to the expiry of the current collective agreement in 2019. The parties to the JHSBT (HSPBA and HEABC) then return to the bargaining table.

Who else sits on the trust is a decision of the HSPBA and HEABC as the parties and appointing authorities for the JHSBT. As far as trustees from the member unions are concerned, the incumbent trustee for CUPE, National Representative Troy Clifford, will continue in this role. Additional interim trustee appointments include most of the Working Group members who have been working on this project since the beginning of last year, including Brother Clifford. Subsequent appointments would be for three years with renewals.  On June 22, the union members on the board were announced.

The JHSBT will be governed by a Board of Trustees with an equal number of trustees appointed by HSPBA and HEABC, and members of the HSPBA Working Group have now been selected to act as interim trustees.

The Working Group members and interim trustees are:

·        Jeanne Meyers, HSA

·        Dennis Blatchford, HSA

·        Alison Hietanen, HSA

·        Troy Clifford, CUPE

Before the JHSBT goes live next April, we will need to do a re-enrolment of members. That will mean issuing new pay-direct cards and some type of re-enrolment process. We are actively discussing this issue with our advisors and benefit providers to determine the best approach. When those details are worked out, a communication plan will be rolled out to members and employers to ensure an orderly transition to the new identification system. Stay tuned for more information on the re-enrolment in the coming months.

For more information, please contact Troy Clifford at tclifford@cupe.caor your respective CUPE Local HSPBA representative.