News

'Our Parents Aren't Widgets'

Anger and anxiety as layoff trend hits senior care.

By Tom Sandborn, 4 Jun 2007, TheTyee.ca

Group of seniors (one in wheechair)

May 26 rally supporting Nanaimo Seniors Village.

Elderly residents of a Nanaimo care home and their families are upset to learn their caregivers are being fired en masse to save money.

Critics say the upheaval at Nanaimo Seniors Village is part of a larger picture of layoffs and wage cutting at health facilities around the province, practices allowed under legislation passed by the BC Liberal government to aid privatization.

More than 160 Nanaimo health care workers have learned they will be out of a job in September, forced to re-apply for likely lower wages for the same work at the Island city's Nanaimo Seniors Village.

This is the third time in four years the management structure at the facility has been shuffled, with workers fired and their wages cut.

'Riled up'

Ken Gregory, a retired longshoreman left in a wheelchair by a serious auto accident, told The Tyee the news is creating a lot of anxieties among his fellow residents at the Village.

"These ladies and men on the staff treat everybody in here like family," Gregory said. "They joke with us and take real good care of us. I think the quality of care will go down in September. I'm concerned that people in here are going to see a lot of strangers come in.

"The girls who work here now are probably out looking for other jobs, and they'll find them," Gregory continued. "I just don't like the feeling. I hope people in here will be able to bounce back, but I'm not sure."

"What's got me riled up is that they just signed a contract the union bargained in good faith, and then they turn around and serve notice," Gregory said. "It's union busting, I'll tell you right off."

Owner and subcontractor

The Nanaimo Seniors Village Partnership is owned by a Vancouver firm, Retirement Concepts Senior Services, which owns 25 for-profit retirement communities, assisted living facilities and skilled nursing care facilities in B.C. and Quebec.

Last month Retirement Concepts announced that on September 15 it would end its contract with Care Source Solutions Incorporated, which currently delivers care services at the Island facility. The company said the subcontractor was too expensive, and its recently signed agreement with the Hospital Employees Union was "not economically viable for this facility."

Retirement Concepts billed B.C. health authorities for over $24 million in 2006, documents obtained by The Tyee show.

Bonds broken

Most members of the Village staff are women whose wages support their families, union sources say. Having been fired a third time in the past five years, and facing cut wages and benefits, they must now decide whether to reapply or look elsewhere for work.

Kim Slater, a Nanaimo teacher whose mother has lived at Nanaimo Seniors Village for over two years, is worried about bonds broken.

Caring relationships are important to the frail elderly, he pointed out. "You want workers who feel like they have a stake in their careers. The Village already operates far too often short of the necessary staff. How are they going to keep adequate staffing when they keep treating their workers like this?"

NDP call to repeal law

On May 31, two NDP MLAs weighed in on the layoffs at the Nanaimo Seniors Village and 450 more care aides turfed by Simpe Q Care Inc. at three long-term care facilities in the Lower Mainland.

The Campbell government is treating caregivers to seniors as a "disposable piece of our health care system," charged Seniors Critic Katrine Conroy. "Such treatment will do nothing to encourage people to enter this important field of work," added Adrian Dix, the MLA for Vancouver-Kingsway and the NDP's Health Critic.

"We know that the province has a looming shortage of health care professionals," said Dix, who cited a Vancouver Coastal Health Authority projection that the region will have 75 per cent fewer bedside care aides than it needs by 2015.

Dix called on the government to repeal Bill 29, the 2002 Health and Social Services Delivery Improvement Act, which permitted health sector employers to contract out work previously done by unionized employees.

Dix said the law has led to "abuse of workers rights" and "outrageous treatment" of health workers in B.C.

Union claims 'intimidation'

Chris Martin, a care aid who chairs the HEU local at Nanaimo Seniors Village, has filed a grievance against what she saw as escalating harassment of union workers there.

"Management now has us under 24-hour-a-day guard, with security staff following staff from room to room and standing in the middle of any resident activity we organize. We are forbidden to talk with family members of residents about the changes taking place," Martin said.

This week the company is demanding staff members fill out "criminal profiles" despite the fact that employees had to complete a criminal record report when they were hired, Martin says, calling this a tactic of "intimidation."

"They are trying to wear down the staff and that hurts the residents," Martin said.

Long legal battle

Retirement Concepts' labour relations practices have been at the centre of what Madam Justice Garson of the B.C. Supreme Court, in ruling on a case involving the facility, called "a torrent of litigation" over the past four years.

As Justice Garson tells the story, it all began when the B.C. government passed Bill 29.

Soon after the bill's passage, the Nanaimo Seniors Village Partnership tried to negotiate $10-an-hour reductions in wages with the union then representing its registered care and activity aids, the B.C. Government and Service Employees Union (BCGEU). When this effort failed, the workers (pressured, union sources say, by management threats) applied to de-certify BCGEU as their representative.

The de-certification came into effect in November of 2003.

Retirement Concepts then tried to contract out the services provided by these workers to a wholly-owned subsidiary, Well-Being Senior Services. To take advantage of the contracting out provisions of Bill 29, says Justice Garson, Retirement Concepts, through the Nanaimo Seniors Village Partnership, terminated all unionized care and recreation aids in hopes they could contract out all the work to Well-Being, its subsidiary.

However, it was determined that contracting out to a wholly-owned subsidiary was not sufficiently arms length to constitute genuine contracting out, so the Well-Being agreement was terminated and a new arrangement was made with Care Source Solutions.

All but nine of the fired workers were re-hired on September 9, 2004.

In October of that year, the HEU was granted certification to represent the Care Source employees.

In August of 2005, the provincial Labour Relations Board ruled that the Nanaimo Seniors Village Partnership was the true employer of the Village workers and that its conduct in terminating the employees and contracting out their work to avoid being certified was an unfair labour practice.

Another ruling, from the Ministry of Labour's Employment Standards Branch in August of 2006, also found the employer at the Seniors Village guilty of unfair labour practices.

The Hospital Employees Union then conducted a long negotiation with Care Source Solutions, finally reaching a contract agreement in March of this year.

'Non-union company'

This month the parent company, Retirement Concepts, dumped Care Source reportedly in favor of Abbey Therapeutic Services, a Chilliwack company expected to take over in September, when the pink slips distributed to unionized staff this month take effect.

Experienced care aids, who under the HEU contract now make $17.90 an hour plus benefits, predict the new subcontractor to lower their pay by more than two dollars an hour and slash benefits.

And Village workers expect any labour organizing in response to be near impossible if Abbey Therapeutic Services is the new subcontractor. An application form allegedly used in Abbey Therapeutic Services hiring includes this passage:

"ATS is a non-union company therefore union activity is prohibited. Any union activity is grounds for immediate dismissal."

The form, dated May 14, was submitted as authentic to the Labour Relations Board by the Hospital Employees Union. The union is asking the Board to rule that Abbey Therapeutic Services is in breach of the B.C. Labour Code and to direct it to cease using the offending form in its hiring practices.

No comments from management

The Tyee made repeated efforts to speak with Ellen Silvernagle, CEO of Abbey Therapeutic Systems, seeking her comments on the charges being made at the LRB, and whether ATS will be the new subcontractor in September.

Our calls were not returned by the time this story was filed.

Repeated calls over three days to Seniors Village general manager Leanne Biggs went unanswered until just before this story went to press.

In a voicemail left for a Tyee reporter, Biggs declined to answer any questions about labour practices and resident well-being at her facility, and suggested we contact Retirement Concepts Operations Vice President Tony Baena in Vancouver.

Baena refused to make any comment.

'Buck doesn't stop anywhere'

Kim Slater says he and other family members of residents at Nanaimo Seniors Village have tried to "get some answers and to provide some stability of care for our family members."

"My mother and the others at the Village are feeling lots of uncertainty about the future. The current care aids are wonderful people. If they disappear, it will have a big and negative impact on all the residents."

"I am upset about this situation both as a family member and as a tax payer," Slater said, noting the Village collects up to $5,000 a month per resident, most of it public money.

"Under Bill 29, the buck doesn't stop anywhere," Slater has concluded. "When we talk to Retirement Concepts, they tell us to talk to Care Source. When we talk to Care Source, the tell us to talk to Retirement Concepts, and then Retirement Concepts blames the province. No one seems to have to take responsibility."

"Our parents aren't widgets," Slater said, "and they shouldn't be treated like items in a balance sheet."

Related Tyee stories:

 [Tyee]

25  Comments:

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  • bpither1

    4 years ago

    Are BC Voters Brain Dead?

    If Rich Coleman and Premier Campbell were former HEU members there would be howling in the press if it even looked like they favoured decent wages, benefits and conditions for this essential service. But for some reason their realtor roots do not seem to be an issue as Real Estate companies make a fortune from the forthcoming Olympics. Although hotly denied by John Furlong which leaves me suspicious and quietly by Jack Poole they did indeed trumpet Olympic virtues to ensure their place in the redevelopment of the city and beyond. All of this at taxpayer's expense by the way. Forget about the creative accounting of an Olympics which will "not cost a cent" to the general public. Taxpayers are paying a big price for the land deals at Britannia Beach for example as well as the flip flopping from 2001 to present day on supportive housing for the poor.

  • Skywalker

    4 years ago

    Here we go again.

    It is all about increasing corporate profits at the expense of quality of care. As long as the companies get the same dollars for each senior citizen they keep in a vegetative state, they will keep doing this. If you have ever been in a long term care facility during meal times you know how the shortage of staff effects the patients. It is a scandal and Gordon Campbell should be strapped to a chair and made to live in one for at least a few weeks so he would know.

    There is no accountability for the money spent and they can spend more on administration while taking it from the hospital floor. In most facilities if it was not for family members going in, to regularly each day doing what the care givers are suppose to do, most of the patients would die much sooner. Maybe that is the hidden intent here.

    I guess we're saving up for another massive tax cut for the wealthy.

  • jazz

    4 years ago

    Are BC Voters brain dead?

    Yes it would appear so, although there are some who poke away at the mess we're in.

    Ultimately it's the voters - but the message is not getting out. There's conflicting science (fish farms), lies and denials (Olympics, housing, you name it...), and straight non-reporting (Basi Virk trial). The opposition does not seem to be able to mobilize any sort of protest, maybe just inept at media messaging. Unions all got big hand outs, so they're all keeping quiet.

    Or the whole province is corrupt...

    Hot economy for some, homelessness and inadequate care for others.

  • munroe

    4 years ago

    Don't be fooled

    The chaotic circumstances in this labour relations forum is exactly what the Liberals intended when they tore up collective agreements and amended the law (barring a central feature of most collective agreements (contracting out restrictions) and ending access to successorship rights in the Labour Relations Code). The system is DESIGNED to allow employers to defeat any attempt by workers to bargain collectively.

    There are both long term and short term questions to be asked.

    In the short term, part of the solution is extending to health workers the same rights other union workers enjoy. This means repealing draconian legislation that bars them from negotiating complete collective agreements and enforcing those rights under the Code.

    In the longer term, the system needs reform. On a legal basis, the Code itself must be amended to allow successorships in contracting out circumstances. Currently, workers have no job protection if their work is lost when contractors change. It is a huge loophold that allows for the loss of rights merely because the contracted employer changes.

    Secondly, we must ask why is there a need for companies like Retirement Concepts. They contract the work from the governement and then contract the work to someone else. The myth of the "efficiency" of the private sector is provided as the "reason", I suppose, but this myth has lost its shine. Lok at the continuing detoriation in the quality of private garbage services in the Tricities. Look at any long term evaluation of the extraordinary cost of P3s, like the RAV line. What we really have at these retirement places is just two vampire firms, the "owner" and the "contractor" whose central pupose is to suck money out of the system for their own profit.

    At minimum, the contractors should be disallowed from bidding on any new work and the owner should have the money it receives from the public purse reviewed. Further, Retirement Concepts should not be allowed any new publicly funded beds.

    Remember the Liberal smokescreen at the time of their anti-worker legislation. They claimed to be "putting the patient first" and redirecting the system to "patient centred care". When at the time these propaganda statements were challenged and the Liberals were accused of simply union busting and attacking the working standards of union members, the reaction of the regular media was to attack the critics as self-interested and self-centred.

    Where are they now?

  • kootenay

    4 years ago

    Living Hell

    Not only are the residents of care homes receiving substand care, the care aids and LPN's looking after them are being treated terribly.

    My wife has been an LPN at a care home for almost 20yrs now. Her and most of her colleages have been bumped, due to layoffs, into part time jobs, many of them offering less than 20hr/wk.

    In order to make a living, they must rely on call outs. At the drop of hat they must be ready to travel to any one of three cities in our area and be prepared to work 12hr nights shifts without the rest they need to prepare.

    The system has been screwed intentionally by Campbell to break the Unions. I wouldn't recommend anybody take a job in Health Care, its a living hell.

  • lynn

    4 years ago

    I'm Alright, Jack....I Got My 54 Per Cent

    Thanks to the Tyee's Tom Sandborn for this article.

    Quote:
    Most members of the Village staff are women whose wages support their families, union sources say. Having been fired a third time in the past five years, and facing cut wages and benefits, they must now decide whether to reapply or look elsewhere for work.

    Nothing tells you more about the levels to which this government will sink in what has been a continuous and mean-spirited assault against seniors, health care workers, and the right to collectively organize and bargain.

    I witnessed the tears, the stress, the threats to workers in the early days under Bill 29. I saw seniors and their families breaking under the stress of worrying over the intentionally quick-paced and rammed through nature of these malicious changes.

    At the time, The UN singled out the Gordon Campbell government for violating worker's rights, for abusing the rights of women and children.... for the devastating effect of his government's legislation on the lives of the poor.

    And yet the bullying, the ruthless ways of this truly wretched group of privateers hiding under the word "government" continues.

    And the total disregard for our human rights, and for our working rights continues as well.

    And so does their arrogant greed and the sociopathic nature of these constant betrayals of the public trust.

    This is the same government that just gave themselves a massive 29 per cent pay raise and their wily GRinch of a leader just gave himself an ultra-ultra-massive 54 percent pay hike.

    Meanwhile...

    Seniors are facing a shortage of badly needed long term care beds promised by this government.... but never delivered.

    BC has the fastest growing gap between the rich and the poor.

    BC has the highest poverty rate.

    BC has the highest poverty rate for seniors.

    And BC has the highest overall poverty rate.

    You don't have to be a rocket scientist to do the math. This is how it now works in this province:

    All the less for you and me.....

    All the more for Mr. Fifty-Four Per Cent.

  • freebear

    4 years ago

    Economic Units rather than Widgets!

    Sad to say mopst governments and economists view senuors as economic units rather than respected members of society (most anyway, there is always some curmudgeon that may not!).

    In fact, they may be viewed as underperforming economic units as their production is less than their associated costs.

    What do you expect when we as a society apppear to worship the economy over eveything else!

  • BC Dude

    4 years ago

    I figured it out that to be

    I figured it out that to be housed like cattle will cost the taxpayer for one resident/inmate about $90-100+ thousand dollars a year with and including all the support staff not including meals as they will sub out meals too! Anyone for TV type meals?
    I was once housed in one of these "feedlots" institutions but with the caregivers were paid a decent livable wage, not the $9. ... EDITED ... As I've been living independently and with dignity out in society. I have worked and been self employed but due to ill health I haven't been able to get back into the work force.
    No public money for private for profit companies! Government WE are the employers
    of these so called leaders "For The People By The People"

  • relayer

    4 years ago

    Where's the Fed?

    Where's Jim Sinclair? Where are the picket lines, the outrage, the marches? WHERE'S THE STRIKE? I've been a union member for 23 years, and I've never been more ashamed of that than since the Liberals took office. We talk the talk, but thats about it. What a disgrace.

  • RickW

    4 years ago

    Where's Jim Sinclair?

    EDITED FOR POSSIBLE LIBEL. -- TYEE EDITOR

  • zalm

    4 years ago

    Thanks Tom...

    ...Excellent detail in this article. One more detail would be excellent, if you could find it out. The Nanaimo facility will almost certainly have a contract to operate which specifies a certain fixed price per resident per day - somewhere betweeen $135 and $260 per resident per day.

    If you could find out what that contract is let for, that would be valuable for comparison purposes.

    Some older facilities have managed to hang onto their union contracts and have largely satisfied staff working for them, and are still only receive between $138 and $160 per resident per day. This includes the facility I help oversee.

    Others that are newer may be receiving funds at the upper end of the scale, but are still insisting on contracting out labour, for reasons unknown, but quite possibly for profit.

    Some facilities are operated by church, denomination or parachurch organizations, and run the gamut from $135 per resident per day to $210 per resident per day, but some still feel the need to contract out to save enough money to continue to operate the home. It's difficult to determine who is operating responsibly and who is merely greedy.

    But when profit enters the picture, one can be sure that investors are at the head of the line.

  • zalm

    4 years ago

    There are many comments

    There are many comments above that suggest that residents are getting crappy care under one form of corporate oversight or another. This is patently false.

    All facilities in each of the health regions, and hence in the province, adhere to the same standards of residential care. This specifies the number of hours of patient care per resident, what form it must take, and to a large degree, how much recreation for each resident.

    The care aides and LPNs who care for these residents don't work any harder or less depending on their salary - they all have difficult and complicated patient loads - some with 12 residents who can mostly feed themselves, and some with 3 who cannot feed or toilet at all. The only difference is the care aide who makes $8/hr is a lot closer to the poverty line - losing housing, taking second jobs, abandoning kids to "latchkey" syndrome, coming to work while sick and infecting others - than the one making $16 per hour.

    Any takers among you for the daily chore of changing the soaked bedding and filthy diapers of 3 nearly-immobile patients twice or three times per shift each? At $16/hr? At $8?

    The business model that lies at the root of complex care, as it is now known, accounts only for the dollar value of the worker and the resident, not the quality of life experienced by either. Even managers have a hard time assigning work fairly under this model. Yet, in theory, it's best for patients.

    It's a difficult business to make work successfully. Corporations, especially those specializing in hotels, have no special advantage over other corporate entities, and churches and parachurch organizations seem to have the best handle on this model.

    Those who have issues with loved ones in residential care of any kind are encouraged to talk seriously with the Director of Care at that institution. They all love and appreciate their residents, and may know even more about them than you yourselves do. Even if it is your mother we're talking about.

    Let's raise the level of debate a bit here, shall we? This is a more important topic than most on this board.

  • zalm

    4 years ago

    Oh, and Tom...

    ...if you can, find out about Nanaimo what the patient mix is for the complex care there. How many assisted beds, how many "intermediate", how many "extended" care beds are paid for in this mix? (those aren't the real classifications - each has its own definition of care in the spectrum of care model). It is specified in the contract each facility signs with the Health Authority to get those public dollars.

    And sometimes it's split up - part of the contract includes a certain sum per resident per day to cover the mortgage (capital costs) and a second, smaller part to cover the operating costs (wages, benefits, food, insurance etc.)

    Anything you can find out would be helpful to the conversation here. I should be able to get some exact figures for facilities here for comparison purposes.

  • G West

    4 years ago

    complex care

    I agree with zalm's remarks above here - the situation for many long term care residents is dire but most of the staff in the facilities I'm familiar with ARE dedicated and professional.

    On the other hand, staff shortages and temporary absences Do tend to create real problems for residents. When, for whatever reason, staff are not on duty because of illness (and this is generally worse in the summer when staffing is short due to leave and the like) or for other reasons, some residents DO tend to be overlooked or neglected when staffing is not optimal.

    Not that they aren't fed, for example, but they may not get out of bed for the whole day (if they aren't independently mobile); they may wait longer than normal for meals or assistance eating and getting bedclothes and diapers changed - or just for assistance getting to the bathroom.

    In the facilities I'm familiar with the staffing ratios appear to have little slack built into them and difficulties arise fairly frequently, in my experience. On the other hand, a had a relative die in one of these facilities not all that long ago and the palliative care she received was exemplary. God knows however, how many other residents were ‘neglected’ that day!

    Would better funding help? Clearly yes: But in many cases the state of the physical plant is also a problem and demand seems constantly to exceed supply in the 'better' facilities.

    I can't see how, done properly and under the current funding formula, there can be much prospect of profit...nor should there be.

  • marta

    4 years ago

    Jim Sinclair

    Sinclair spoke at a rally for these workers about two weeks ago and I understand there are rallies at the Legislature coming up soon.

  • munroe

    4 years ago

    Zalm and the Fed

    Follow the money!! Zalm makes excellent points about how the system is corrupted by the profit motive. If "public/private partnerships" are to be acceptable, then the motivation of the "private" partner is of primary importance. Community based non-profits (religious or not) appear to have their eyes on what is truly important - the residents and the workers - the community in the facilities.

    Following this logic, it seems a possible labour response may be best directed at those who finance these private sector abominations. Evidently, the Health Ministry and the regional health districts are primary targets, but there are also financial institutions involved. To me it makes more sense to picket Simpe Q's and Retirement Concepts' banks.

    Hit them where it hurts.

  • BC Dude

    4 years ago

    All you have to do is look

    All you have to do is look into the privatization/outsourcing to Sodexo Corporation in all BC Hospitals and Long Term Extended Care Institutions of the cleaning staff, meals, and all laundry which by the way goes to Calgary? Google Sodexo BC

    Quote:
    The passage of Bill 29 – the Campbell government’s contract-breaking legislation that
    ripped up freely negotiated contracts with B.C. health care workers – cleared the path for
    predators like Sodexho to descend upon our province. That’s because those contracts
    contained protections for health care workers’ jobs and prevented wholesale contracting out
    of the services they provide.

  • BC Dude

    4 years ago

  • BC Dude

    4 years ago

    Kicking the seniors while

    Kicking the seniors while they are down as they built this Province and Country!
    This cowardly G Campbell should be thrown in prison along with the rest of his "dirty treasonous excrement" http://thetyee.ca/News/2007/06/05/Disclosure/
    nuff said... If the RCMP want their once World renown image back, then let the Real Honest Ones come forward and break "The Good Old Boyz Club" forever and start arresting the real criminals in BC and across OUR Great Land!
    Where is Can'tWest?
    "OH CANADA WE STAND ON GUARD FOR THEE"
    http://bctrialofbasi-virk.blogspot.com/

  • kent

    4 years ago

    senior facilities

    I have watched the progress, or lack of progress in Seniors housing for some six years. In that time my wife has been in four senior facilities, three of which were closed. For the last ten months we have both been in the same facility, in my opinion a very good one, operated by I.H.A. with union employees. They are, however under constant threat of privitization, and always understaffed. Along with quite a number of other residents I am a WW II veteran and contributed I feel, to the Canada we now enjoy. Surely we should not be considered as a mere inconvenience just because we are no longer productive.

  • lynn

    4 years ago

    Thank you, kent

    Quote:
    They are, however under constant threat of privitization, and always understaffed.

    Well put, kent.... that is the unspoken tension palpably felt in many senior facilities now - to the detriment of residents, their families and workers alike.

    Quote:
    Along with quite a number of other residents I am a WW II veteran and contributed I feel, to the Canada we now enjoy. Surely we should not be considered as a mere inconvenience just because we are no longer productive.

    You surely did contribute to the Canada we have enjoyed for so long. With deepest thanks I wish you and your wife all the best. You both deserve the finest of care.

  • ladze

    4 years ago

    wickedness permeates health and social care systems in BC

    Incessant reorganization, micro-management, forcing workers to apply for the same position under a different job description, wage cuts, brutal caseloads, and increased use of technology are all tactics being employed through out all systems - not just those which have been contracted out in health care. All of this in the name of saving money. As Charles Dickens lamented against statisticians in his day, I would say of the bean counters of today are "representatives of the wickedest and most enormous vice of this time." It is difficult to quantify the value of caring work, but the cost of not valuing it is adding up exponentially in our communities - and that folks is something we can all count on.

  • BC Dude

    4 years ago

    This should answer most

    This should answer most questions about privatizations and who is behind them!
    http://www.50years.org/action/s26/factsheet2.html

  • BC Dude

    4 years ago

  • BC Dude

    4 years ago

    "As nightfall does not come

    "As nightfall does not come at once, neither does oppression. In both instances, there's a twilight where everything remains seemingly unchanged, and it is in such twilight that we all must be aware of change in the air, however slight, lest we become victims of the darkness." Justice William O. Douglas
    =Deep Integration

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