BCGEU supports LPN unity in face of BCNU raid – Update on BCNU raid

As we reported to you in November 2011, BCNU's applications to represent LPNs are now before the Labour Relations Board.

One thing is for sure – the raid applications are creating more division than unity amongst LPNs in BC.

At the end of November, the BCNU was forced to change their plans because they were unable to file a province-wide application to represent all LPNs in the health facilities subsector.

BCNU simply could not convince a majority of LPNs to sign their cards – even after resorting to extreme pressure tactics. Realizing they had failed in their main goal, BCNU's leaders radically altered their strategy to improve their chances of moving their raid forward somehow.

That's why BCNU abandoned their raid in worksites known as "affiliates" – independent operators contracted to health authorities to provide health care, and covered by the Health Facilities sub-sector agreement between the Health Employers' Association of BC, and the Facilities Bargaining Association, which BCGEU is a member of. This leaves more than 1,000 LPNs from affiliates out of their plans.

Then, the BCNU made seven separate applications – one application for each regional health authority, Providence Health Care, and Provincial Health Services Authority - further dividing LPNs in the remaining sites into much smaller subgroups.

Just last month, the BCNU further reduced the scope of its raid on LPNs by attempting to withdraw its raid application for the Provincial Health Services Authority – one of its seven raid applications at the Labour Relations Board – blaming a “legal anomaly.”

As a result, BCNU has further narrowed its raid on LPNs from HEU / BCGEU. They’ve now excluded the B.C. Cancer Agency, B.C. Children’s & Women’s Hospital and Sunny Hill Health Centre for Children from the list of worksites targeted by its raid.

BCGEU worksites that are affected by these raid applications are:
Dunrovin Lodge, Quesnel
Terraceview Lodge, Terrace
Bulkley Lodge, Smithers
Gateby, Vernon
Three Links Manor, Kelowna
Slocan Community Hospital, New Denver
George Pearson Centre, Vancouver
Vancouver Community Dialysis Unit, Vancouver

But while dividing LPNs may move the BCNU closer to a vote in one or more of their seven applications, their raid will ultimately fail to win the support of a majority of LPNs.

LPNs know BCNU's leaders don't want LPNs to continue to remain independent nursing professionals outside their control.

As for the applications, they are now on two separate tracks at the Labour Relations Board.

First, the LRB is still considering legal arguments related to the raid, and will continue to do so for several more weeks.

BCGEU made its legal submission to the LRB on December 22, raising a number of significant issues with BCNU's application. We questioned the appropriateness of splitting up LPNs.

Second, the LRB is still investigating whether or not BCNU actually got enough signed cards from LPNs, in the facilities they targeted, to qualify for a vote.

The Employment Standards Branch of the Ministry of Labour is currently investigating the membership cards that BCNU has submitted to back their current applications. Based on this investigation, the LRB will decide whether to order a vote in one or more of the areas covered by the remaining BCNU applications.

BCGEU respects this process and remains confident that at its conclusion, the majority of LPNs will continue to support their union.

The union continues to work with its network of nurses to ensure that BCNU’s raid does not undermine the professional independence or the bargaining power of LPNs in B.C.

We will continue to update you as the process unfolds. In the meantime, there are no changes to your rights and entitlements under your collective agreements, or to your representation through the BCGEU.