HSA legal challenge results in nearly $10 million payout for HSPBA members

Health sciences professionals covered by the Health Science Professionals Bargaining Association (HSPBA) 2014-2019 collective agreement will receive a payout of close to $10 million as the result of a legal victory by the Health Sciences Association of British Columbia (HSA), the lead union in the HSPBA. The HSPBA represents 20,000 specialized health professionals working in hospitals and communities across B.C., including CUPE members.

The $10 million legal settlement, awarded by Arbitrator John Hall, is tied to the 2014-2019 collective agreement. It is not related to the current round of HSPBA bargaining, where union negotiators are focused on achieving a fair contract that addresses the serious impacts of chronic shortages and the rising cost of living.

In bargaining the 2014-2019 contract, government negotiators unequivocally told the HSPBA bargaining team that a move away from a direct benefit plan to a joint trust model for administering extended health benefits was a necessary feature of any collective agreement negotiated in the public health care sector in that round of bargaining. Three of four public sector health care collective agreements negotiated included the change.

In his decision, Hall found the HSPBA agreement was breached when government signed a contract with the Nurses Bargaining Association that did not include a change to a joint trust model, and a monetary remedy was justified under a “me-too” provision negotiated in the agreement.

The $9.44 million (plus interest) award represents the difference paid to the HSPBA and NBA in overall compensation to fund the benefits plans.

HSPBA includes health science professionals represented by HSA, BC General Employees Union (BCGEU), CUPE, Professional Employees’ Association (PEA), and Hospital Employees Union (HEU).

Bargaining on pause as employer fails to address monetary, recruitment and retention issues

Your bargaining committee members, along with the committee members from seven other unions, have been bargaining for the last three weeks. Bargaining is now on hold while we look at scheduling new dates, and we anticipate talks will resume in late October or early November.

Since our last update, your employer has continued to resist most of our non-monetary language changes that would create greater certainty, and a greater say for workers about their working conditions. It is our belief that these are critical components of addressing recruitment and retention outside of the clear economic differences between health care workers in the community, and our counterparts in facilities.

It is a struggle to make progress, and frustrating that the employer has not come to the table with ideas of their own to address the recruitment and retention crisis.

With regards to monetary proposals, we are still significantly apart. Our goal in this round of bargaining is to see meaningful progress in closing the gap with other health agreements when it comes to overall wages, premiums and vacation. The offer as it stands today still does not adequately address this gap.

Although there are proposals that would close the gap at step four with facilities, a good portion of that money is at the expense of additional monies offered at virtually every other provincial bargaining table. In other words, they will make up some of the gap, but they expect you to pay for some of it by moving money from other parts of the agreement.

Finally, there is a real danger that due to structural underfinancing of the Joint Community Benefits Trust, benefits for workers in community health will be reduced on January 1, 2023. We are absolutely committed to stopping this, but at this time there is no offer of additional monies from the province at the bargaining table to avoid this.

We have made some progress on meaningful non-monetary items, but it isn’t enough – and we will continue to demand progress towards closing the gap when bargaining resumes.

In solidarity,

Your Community Bargaining Association (CBA) Negotiating Committee

CBA Bargaining Update: Bargaining progress slows down over monetary, recruitment and retention issues

For most of the last two weeks, the constituent unions of the CBA have been at the bargaining table with the Health Employers’ Association of BC (HEABC) working towards a tentative agreement. We had hoped to have good news about progress but, unfortunately, we are not satisfied with where negotiations stand at this time.

Your employer has resisted virtually all non-monetary proposals that would bridge the gap between ourselves and our colleagues who work in the Facilities sector. For example, not only did your employer come to the table with no plan to address recruitment and retention; they’ve actually resisted many of our proposals and ideas to make improvements in this area. In addition, your employer’s monetary offer does not fully address the three biggest disparities in our agreement: wage rates, shift premiums, and vacation. In fact, their core monetary offer is less than what was offered to the Facilities Bargaining Association (FBA).

To be clear, we believe that workers in the FBA deserve every penny they have in their agreement; we simply want equal pay, premiums, and vacation for workers in the CBA. But the only message we are getting from your employer is that they disagree.

Your employer is also refusing to properly maintain the Joint Community Benefits Trust (JCBT), which provides members in community health with extended health, extended dental, and long-term disability. The JCBT was implemented to achieve a cost-effective yet equal level of benefits as the trusts covering other health care workers. Although we have made clear that the JCBT requires an immediate infusion of money, along with increased and ongoing contributions by the employer to avoid benefit reductions, the employer has not offered any additional monies. Instead, they expect CBA members to pay for maintaining the benefit trust from the money we would otherwise use to increase other parts of the agreement such as premium increases, vacation increases, and wage increases. In other words, concessions.

While progress has not been what we hoped, there is good news. During the last two weeks we have achieved language that covers the distribution of overtime, which we hope will begin to bring transparency and fairness to overtime opportunities, and that allows for full mobility with Health Authorities. But these alone will not begin to address recruitment and retention.

The bottom line is that your employer wants to offer us a deal that would see us fall further behind at a time when health care workers in the community have not only weathered a pandemic but continue to face the opioid crisis and chronic understaffing. Your committee is committed to fighting back, to closing the gap, and to ensuring you get the deal you deserve.

In solidarity,

Your Community Bargaining Association (CBA) Negotiating Committee

Bargaining update: CBA negotiations to resume on September 12

Since pausing negotiations in June, six working groups made up of representatives from both union and employer sides have been working to develop recommendations around new certifications, occupational health and safety, decolonizing the collective agreement, and more. This work will now help streamline the bargaining process as we head back to the table on September 12.

As bargaining resumes, it’s more important than ever that our union has up-to-date contact information for all Community Health members – particularly in the event that we cannot reach an agreement with HEABC and have to take a strike vote. You can review and update your information here.

If you know of any of your co-workers who are not receiving these updates from our union, please ask them to update their information.

 

In solidarity,

Your Community Bargaining Association (CBA) Negotiating Committee

BCGEU strike update: What you should know

Dear CUPE members:

Since the BCGEU gave strike notice to the Public Service Agency on Friday (August 12), members of other unions including CUPE have been asking how any potential job action might affect them. With the BCGEU in a legal strike position as of 2:46 pm today (Monday, August 15), here is what we know:

  • The only BCGEU members who can participate in legal job action are members of the B.C. public service bargaining unit, sometimes referred to as the “Main Agreement”;
  • There are currently no other Provincial Bargaining tables at an impasse. Our members will continue to work; and
  • There are two “common sites” identified by HEABC in which Health Sector members work in a building where BCGEU members from the public service bargaining unit also work. For those sites, CUPE and other health sector unions will appear at the Labour Board to ensure that our members can safely enter the workplace without crossing a picket line. The local presidents of 1978 and 4816 have been advised of the sites and reviewed the access plans. More details will be shared at the local level if necessary.

The BCGEU job action will evolve over the coming days. If any developments impact our Health Sector members, we will send updates as quickly as possible.

In the meantime, if you see a picket line away from your place of work it is important not to cross it. CUPE members can show solidarity with striking workers by respecting their picket lines, showing support with a honk if driving by, or talking to the striking workers and giving comments of support from CUPE.

 

In solidarity,

Andrew Ledger
CUPE Health Coordinator

Bargaining update: Community Bargaining Association (CBA)

As noted in our last update, our committee was close to a deal on mobility and overtime by seniority. We are pleased to report that we arrived at an agreement in principle regarding mobility and are very close to an agreement on overtime distribution. This will be the first time our collective agreement contains these provisions, and we feel this is a significant achievement to finish on as we pause bargaining for the summer.

Our next bargaining dates are scheduled for September. In the meantime, here are a few things you can do:

  • Watch. If you haven’t seen it yet, check out “Caring in a Pandemic: Living and Working Through COVID” . Hear from fellow CUPE members in Community Health talking about their work and personal lives—a good reminder of why we’re seeking improvements at the bargaining table.
  • Read. Head to the “CBA Updates” page of the CUPE Community Health website to catch up on all the bulletins covering negotiations so far.
  • Update. We’re asking all members to update their contact information by visiting here.
  • Spread the word. Please check with your co-workers to make sure they are also receiving these email updates and share this bulletin with them.

As you may have heard, talks have currently broken down between the Public Service Agency (PSA) and BCGEU members working in the public service who took a strike vote in June. We’ll continue to watch closely as they fight for a fair and equitable contract that addresses the rising cost-of-living – a key issue with which all union members bargaining this year are concerned.

In solidarity,

Your Community Bargaining Association (CBA) Negotiating Committee

 

Court ruling on Cambie clinic another stake in the heart for private health care, says CUPE BC

VANCOUVER—Today’s ruling by the B.C. Court of Appeal dismissing a constitutional challenge by Brian Day and his Cambie Surgery Centre is another important win for public health care and a resounding defeat for private, for-profit health care that affirms fundamental principles of justice and fairness, says the B.C. Division of the Canadian Union of Public Employees.

The Court’s decision upholds a 2020 ruling by the B.C. Supreme Court that dismissed Day’s claims that patients have a Charter-protected right to pay for private care when wait times in the public system are too long. Today’s ruling affirms that public solutions are the most effective way to decrease wait times—that public health care must be improved, not dismantled.

“This is a great day for public health care,” said CUPE BC President Karen Ranalletta.

“Had the Court overturned the trial judgement, that would have resulted in a two-tier system favouring the wealthy and sending everyone else to the back of the line—no matter how sick or in need of care. When properly funded, Canada’s health care system is fair and accessible for everyone. Two-tier health care doesn’t reduce wait times. If anything, it does just the opposite by draining resources from the public system.”

Today’s decision does not prevent Dr. Day from appealing to the Supreme Court of Canada, but the B.C. Court of Appeal’s ruling is significant because it reinforces the trial judge’s determination that the public model does not infringe on Canadians’ Charter rights.

Ranalletta added that the public health care system has suffered from the federal government’s failure to consult with the provinces on the future of health care funding in Canada.

“The federal government’s share of health care funding should be at least 35 per cent, but they’re only covering 22 per cent of costs right now,” she said. “That’s why today’s Court of Appeal decision is so important. It’s now time for Justin Trudeau and his government to step up, end this debate once and for all, and contribute their fair share to public health care in this country.”

HSPBA Bargaining update: Work continues over summer

As we enter the summer, unions leading negotiations for health science professionals (Health Science Professionals Bargaining Association – HSPBA), community health (Community Bargaining Association – CBA) and community social services (Community Social Services Bargaining Association – CSSBA) continue to co-ordinate efforts to speak with a louder voice to support common goals.

Along with other unions and negotiating tables, the HSPBA negotiating committee has tabled a wage proposal that seeks to deal with rising inflation. We have not yet had a substantive response on this. However, members may be aware that the BC General Employees Union, which was scheduled for an earlier start to negotiations this year, has received—and rejected—a wage offer.

BCGEU members recently voted 95 per cent in favour of going on strike to back contract demands for the direct government employees public service contract. The BCGEU is focusing its efforts over the next several weeks on negotiating essential services levels in anticipation of possible job action. B.C.’s essential services legislation requires that agreement be reached on essential services of staffing required to protect the public from immediate and serious danger, while balancing workers’ right to strike.

CUPE and other unions in the health care sector have been working on establishing agreement on essential service staffing levels since January, ensuring that CUPE is in a position to support job action in the event that bargaining breaks down at any of the health care bargaining tables.

If your bargaining committee is not able to get to a tentative agreement that they believe meets your needs, they may make a recommendation to conduct a strike vote to show the employer they have your full support for a contract that values the work you do.

HSPBA negotiations for all the member unions, conducted by professional negotiators, subject experts on labour relations issues, and members elected by their colleagues to bring front-line perspectives, are now on a scheduled pause. However, a working group will continue throughout the summer to negotiate items addressing issues of health and safety.

There are still significant health and safety issues to deal with, such as workload, fatigue, point-of-care risk assessments, access to PPE, violence prevention, and support for the new Health Care Occupational Health and Safety Society (SWITCH BC). Focused discussions on OH&S issues led by a small sub-committee have made some encouraging progress to date. The joint employer/HSPBA group met separately on seven occasions since bargaining began in March, and has reached tentative agreement in key areas. These include new language on the employers’ responsibility to address threats of violence against workers or their families, requirements for employers to consult with joint occupational health and safety committees on risks associated with musculoskeletal injuries, new language on health and safety training for supervisors, and improved language covering potentially violent or aggressive behaviour from patients, residents or clients.

There are no plans for job action for members covered by the HSPBA contract at this time. While progress at the negotiating table is slow, we remain focused on achieving movement when discussions resume after the summer pause.

In the event that you do encounter a picket line this summer, do not cross, and contact your union for direction.

CBA, HEABC close to agreement on non-monetary items, talks pause until September

After several bargaining sessions with the Health Employers’ Association of BC (HEABC) over the past several weeks, we have come very close to agreement on issues around mobility, overtime, and other non-monetary items.

Since our last update, we’ve also created the following working groups:

  • Arbitrator/Mediator Lists
  • MOA 6-9, and 26—Memoranda of Agreement relating to Superior Provisions and New Certifications
  • Membership Cards/Member Information
  • Occupational Health and Safety
  • Pandemic/Natural Disaster
  • ISAR— a working group discussing the In Plain Sight Report, Reconciliation and decolonizing the collective agreement.

These working groups are made up of representatives from both the union and employer side and are tasked with writing recommendations that will help streamline bargaining. The working groups will meet through the next couple of months while we are not at the bargaining table. Through the summer, we will reach out to update your member information and prepare ourselves in case we cannot reach an agreement with HEABC and need to take a strike vote.

We are not currently taking a strike vote in Community Health, as the health sector tables are not at an impasse. Unlike other provincial bargaining tables, the CBA and HEABC continue to hold meaningful discussions and we look forward to returning to the table on September 12.

In the meantime, please remember to review and update your contact information in order to receive important bargaining updates. Make sure your personal e-mail and cell phone number are on file. You can update your contact info up to date here.

In solidarity,

Your Community Health Bargaining Association Team

 

$3 million in new funding secured for professional development of HSPBA members

A total of $3 million will soon be available for professional development of health care workers who are members of the Health Science Professionals Bargaining Association (HSPBA), thanks to new funding secured from the BC Ministry of Health.

The funding, which matches the total provided in 2018 and 2021, is aimed at supporting further specialization of skills in key professions and will be available to all health science professionals covered by the HSPBA collective agreement. With B.C.’s health care system now struggling with dire shortages of health science professions in many disciplines, the funding is an important part of the urgent action needed to train, recruit and retain these specialized health professionals.

The funding is to be allocated to training and upgrading skills for HSPBA members working in professions experiencing shortages, or in rural and remote locations, as well as ongoing required professional development for all HSPBA members. The funding will apply to education or training commenced between April 1, 2022 and August 31, 2023. The education or training must pertain to professional development in a health science professional discipline being practiced in the public health care system.

Eligible expenses for reimbursement include tuition fees, registration fees, cost of required books or materials, and other reasonable education-related expenses. These may also include reasonable costs of travel and accommodation if the applicant must travel or temporarily relocate to attend education or training or related clinical placement.

All health science professionals covered by the HSPBA collective agreement, which includes members of HSA, BCGEU, CUPE, PEA and HEU, are eligible to apply for funding. Application forms will be available very soon.