Last year our bargaining committee, the Health Science Professionals Bargaining Association (HSPBA), negotiated significant pay increases in our 2022-2025 collective agreement. This increase was retroactive to April 1, 2022, however some employers failed to move quickly on retro pay leaving many members waiting. In some cases, employers left members waiting months for the money due to them. 

The HSPBA advocated forcefully on these delays. We took the matter directly to the Minister of Health on more than one occasion and pursued legal action against the employers. 

As a result, we won a decision by an arbitrator that requires employers to pay interest on any retro pay that was still held up on May 1, 2023. This means: 

• Employers shall pay interest as calculated pursuant to the Court Order Interest Act on all amounts owing for retroactive payments made from May 1, 2023, until payment is made. The interest is payable on both the 2022 and 2023 increases for payments made after May 1, 2023.

• Retroactive payments include, the general wage increase including Cost of Living Adjustment (COLA), the Grade 1 to 2 lift (applicable portions for identified years), profession specific classification increases, and premium pay improvements.

For members entitled to receive these interest payments, no action is needed. Once individual interest payments are calculated, your employer is required to pay out the amount to affected members. 

The other key win in this decision requires employers to provide – to any member who requests it – a transparent calculation related to the retroactive payments that they have already received. This addresses the concerns of members who were unable to distinguish if their lump sum retro pay increases were paid accurately and correctly, regardless of when those payments were made. If an error is found and the member was paid incorrectly, the employer must correct the payment including any interest owed as described above. 

The instructions to submit a pay transparency request are as follows and must be completed before September 27, 2024. 

• Members employed by the Fraser Health Authority (FHA) are asked to email the following email address to request a pay transparency review: [email protected]

• All other members (not FHA employees) are asked to go through your regular pay inquiry process to request a pay transparency review (if you don't know how to file a pay inquiry, please ask your payroll department for direction) 

• Regardless of employer, ALL members seeking pay transparency for retroactive payments are asked to use the following SUBJECT LINE for your inquiry: RETROPAY INQUIRY 2022/23 GWI TRANSPARENCY and DELAYS 

• Regardless of employer ALL members are asked to please include the following specific details to assist in getting you a substantive response to your transparency inquiry: 
  • Name 
  • Base position including FTE 
  • Classification / job title 
  • Pay rate prior to December 22, 2022 (prior to the ratification of the HSPBA Collective Agreement) 
  • Describe the type of increases you are seeking pay transparency for (ie. GWI, COLA, premiums, classifications related provisions, etc.) 
  • Have you already filed a (previous) payroll query on this same issue? If so, please provide the date and reference number, and any response you have received to date 
  • Please indicate what you believe to be the retro pay discrepancy and the correct amount you believe should have been paid 
  • Any other relevant information 
    
    
• If you're not satisfied with the response, contact your BCGEU area office. Click here for contact information.
  
  
• All such requests must be made no later than September 27, 2024. NOTE: This process is intended ONLY to capture the accuracy and transparency of the retro pay inquiries related to the 2022 and 2023 increases noted above. All other pay inquiries unrelated to this issue still go through the regular identified employer process.

The deadline for transparency inquiries to be completed, including a response from employers, is December 13, 2024. However, the deadline may be revised to allow for the completion of each inquiry if necessary. There is also a dispute resolution process if the member's inquiry and the employer's response do not provide adequate resolution. 

In solidarity,

Richard Ziemianski 
BCGEU 1st vice chairperson Health Services (Component 4) 

UWU/MoveUP