News

Union Turf Fight over Licensed Practical Nurses

Two health worker unions file complaint against BC Nurses' Union.

By Andrew MacLeod, 26 Mar 2009, TheTyee.ca

Nurse taking blood pressure

Blood pressure rises for labour groups vying to represent nurses.

The unions representing many British Columbia health care workers say they have complained to the Canadian Labour Congress about the B.C. Nurses' Union signing up their members.

Acknowledgement of the complaint comes nine days after the BCNU finished negotiating a contract extension with the provincial government that drew criticism for "secret pre-election dealings" from another union.

"Yes, we have sent a letter," said Mike Old, a spokesperson for the Hospital Employees' Union. The letter was sent through the Canadian Union of Public Employees and the National Union of Public and General Employees, which respectively represent the HEU and B.C. Government and Service Employees' Union nationally, he said.

"The BCNU is attempting to sign up Licensed Practical Nurses who are members of our unions, the HEU and BCGEU," Old said. The HEU has been aware of the BCNU's actions for a few months, he said, though the union is unsure when it started.

The BCNU has told its members it wants to represent more healthcare workers, including LPNs, said Mary Rowles, a spokesperson for the BCGEU. "It's a bold and ambitious plan," she said. "I can see a few obstacles, like that most of them are already in unions."

The BCGEU represents a few hundred health care workers, she said, while the Hospital Employees' Union represents thousands. "These members are quite well represented," she said. "Sectoral bargaining has worked well. Having all the LPNs in the BCNU doesn't achieve any efficiencies."

Rowles and Old each said the letter sent to the CLC is confidential and neither could provide a copy.

A spokesperson for the BCNU, Art Moses, said he had not yet seen the substance of the complaint. "I don't think we're prepared to get into it in the media at this moment."

Contract extension

The BCNU insisted a negotiated contract extension announced last week that gives members a six per cent raise over two years is unrelated to plans to represent Licensed Practical Nurses.

There is, however, plenty of evidence the BCNU would like to represent LPNs and other healthcare workers.

The BCNU's magazine for members, BCNU Update, set out a strategic direction in its December 2008 issue that included, "Grow and represent all healthcare workers in B.C., through a larger, knowledgeable, more engaged, activist, diverse membership."

An internal BCNU document obtained by The Tyee provides more detail: "As a means of increasing BCNU's influence as the professional voice of nurses, BCNU could offer associate membership in the union to those in the family of nursing who are not BCNU members."

While the document does not specify who is included in the "family of nursing," it does say they could bring in "nurses from all nursing categories," and the benefits the BCNU could offer include "assistance with regulatory and licensing bodies like the College of Licensed Practical Nurses and the [College of Registered Nurses of B.C.]."

Growth would be good for the BCNU, it said. "Our ability to reach out to other members of the nursing community by offering associate membership may be critical in ensuring BCNU is seen by key decision-makers as the professional nursing voice in health care."

Earlier raiding complaint

The BCNU has previously attempted to expand who it represents, angering other unions. In 2004, BCNU efforts to gain the right to bargain for LPNs resulted in a raiding complaint filed with the Canadian Labour Congress.

After the matter was resolved, a BCNU press release quoted a letter written on the union's behalf that "noted that BCNU Council continues to support having LPNs, RPNs, and RNs in the same bargaining association."

The Health Authorities Act divides the health sector into five "appropriate bargaining units." Nurses are one of the units, but the law defines a "nurse" as either a registered nurse or a registered psychiatric nurse.

LPNs are included in the health services and support bargaining units. The HEU represents LPNs working in facilities and the BCGEU represents LPNs working in the community.

'Secretive pre-election dealings'

On March 16, the BCNU told its members it had negotiated a two-year extension to its contract with the provincial government. The contract was not set to expire until March 2010. The extension takes it to 2011 with a three per cent "labour market adjustment" each year. A ratification vote is set for April 8.

The agreement also allows for a new Joint Quality of Worklife Committee with members from the government and the union to address "key nursing practice and patient care issues."

The Hospital Employees' Union criticized the BCNU's negotiation with the government in a March 16 bulletin to HEU members and noted that the Health Sciences Association may get a similar contract extension.

"Hospital Employees' Union secretary-business manager Judy Darcy says government's secretive pre-election dealings with some health unions is in stark contrast to the transparent and coordinated bargaining approach established by former finance minister Carole Taylor in 2006," the HEU bulletin said.

The B.C. Liberals had much to gain signing a deal with the BCNU so close to the election, said University of Victoria political science professor Dennis Pilon. They get to appear as problem solvers, he said, while creating division among supporters of their opponents. "The Liberals understand organized labour's relationship with the NDP is uneven."

"It's a classic kind of labour strategy," Pilon said. "It's essentially trying to isolate the different players. Divide and rule."

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23  Comments:

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  • Urban Sprawl

    3 years ago

    Raining Complaints over LNPs

    An important piece of this situation is the role of the Health Authorities Act. It defines what a "nurse" is for the purposes of bargaining unit designation and representation. As the article says, they are limited to Registered Nurses and Registered Psych Nurses.

    As things stand, the BCNU can't incorporate Licensed Practical Nurses into their collective agreement because of that statutory definition. That would require an amendment to the Act. It would be the government that would decide the issue, not a sign-up of membership cards.

  • Blather

    3 years ago

    Where there's a will or a

    Where there's a will or a deal, there's a way. Laws have never stopped the Libs before. Ignore them or make new ones!

  • Curt

    3 years ago

    I have no doubt part of the

    I have no doubt part of the plan is, if the lieberals are re-elected, they will pass legislation to do as the BCNU want, without the BCNU "getting their hands dirty". They can then blame the government and they had nothing to do with it. How dare either of these to parties even consider such an act!

  • Blather

    3 years ago

    Oh get real!

    Come on Curt you're much smarter than that!
    Of course they'll dare! Nothing gets in the way of a bit of union turf. And besides what do the LPN's have to say about this? Shouldn't our opinion count for something? Isn't it time for once to maybe to ask the workers what they want?

  • driftwolf

    3 years ago

    Makes sense

    Given how poorly the HEU protected its own when the BC government illegally tore up its contracts, and given how poorly they have protected their members in the time since, especially after the Supreme Court ruled that what the government did was illegal, I'd say the BCNU was in a better position to protect the LPNs.

    That said, I find the actions of the BCNU to be completely despicable when it came to just sitting back and watching the HEU get screwed by the BC government. They forgot everything that a union is supposed to be. "Solidarity Forever" became "Thank F**k It's Not Us.".

    Urban Sprawl: note that the BC College of Registered Nurses, the regulatory body, isn't the same organization as the BCNU, which is just another union. BCNU can sign up whoever the hell they want to sign up.

  • Curt

    3 years ago

    Yes Blather, your opinion

    Yes Blather, your opinion does count. Not sure I would want to belong to BCNU under the circumstances. Just what would they do for me? More money? When more cuts come, would they protect the LPNs or the RNs?

    Driftwood, maybe you could suggest how the HEU should have dealt with this government? Seems they're damned if they do and damned if they don't take some sort of action.

  • tricia58

    3 years ago

    BCNU

    As a LPN and member of HEU. I will comment a little on this. Why does BCNU show interest in us now when all of a sudden our numbers are growing and their numbers are due to shrink due to retirement? If BCNU really has our best interests at heart was this all done in a back door method for months? I had heard rumours and asked members of BCNU about it and had it denied to me.
    HEU has done a lot for us and our members will soon be hearing all about what HEU has done and will continue to do for LPNs. I am not sure BCNU will be interested in fighting for us the same. RNs will be the great majority of the union and that is who they will represent.
    If BCNU succeeds in their grand plans they will be another union just like HEU. They want to represent all sections of health care. They will no longer be a professional union only. So then what will they offer me different? HEU has the experience of representing many sectors of the health field. They have made their mistakes and they have learnt from them. I have been a member for 18+ years of HEU. Do I want to go through all those growing and learning pains in a new union. No HEU has listened and heard us and are fighting hard for us at the bargaining table. I will stay with them thank you.

  • Whistleblowers BC

    3 years ago

    Unions in the 21st Century

    I say let BCNU fly at 'er. It's fairly well known that at least one of those unions can provide substandard representation to it's membership. They pay a lot of money for dues and are getting put through hell by their employers, with little support, although I suppose that goes for many affiliated with the BC government in any way.

    Why is it playing outside of the rules to formulate a strategic plan for a union that involves expanding your membership and representation of those who are part of the same professional community. Acts can be amended. This kind of a plan is also a way to contribute to the recruitment and retention of health care workers, nurses and other affiliated professions and workers in the field.

    Let's face it, a union that bargains raises for their workers ahead of the crowd is, without a doubt, providing fair representation to it's members at a time when this province is sinking fast.

    It's time for the unions of the 21st century to grow the hell up and realize that the world has changed and they need to as well. Maybe this isn't such a bad thing, particularly for the members.

  • tricia58

    3 years ago

    Whistleblower

    It would be interesting to know if you belong to one of the two unions involved and if so how active you are in that union. BCNU waged a very successful campaign in the 80's that almost wiped the LPNs out in BC. Those that were left working were not allowed to work to their full scope. Now HEU has fought hard to make this government aware of our scope and we are being hired again. That is becuase of HEU and policy tables that worked. Now BCNU is afraid we will take their jobs so why not swallow us up? Do you think when we are 5000 against 28000 in that union they will continue to press the employer to fully utilize LPNs? I fully doubt it. There is a lot of politics behind this move. I agree our wage is not where it should be. That is a government move. Divided we fall. A great move by the Liberal government to break HEU. Just because BCNU bargained a raise for themselves and rolled their contract over does not mean LPNs will get the same. They would still have to bargain a new contract for us. Their existing contract does not have language in it for LPNs.

  • tricia58

    3 years ago

    PS

    One only has to look at the history of BCNU to question this move. BCNU has said we lack 30% intelligence of RNs and that we put patinet safety at risk. Wonder why they want to represent such incompetents?

  • alive

    3 years ago

    Wondering

    I recall being a member of the Machinist Union, when the place I worked at was raided by the United Steelworkers.

    We were blasted by claims that one big union would be a benefit, but in fact we became such a small minority that none of our representatives ever got on any comittees, and had no input in any processes.

    Before the merger of unions, several trade-unions had to co-operate when bargaining was going on, and while it might be more cunbersome it gave us all an opportunity to have our issues heard.

    One might wonder if BCNU perhaps have a complex about dominating the scene to the benefit of one group?

  • sunshine coast girl

    3 years ago

    Apparently the BCNU

    is so desperate to grow their membership that they will resort to raiding and going along with the BC Libs tactics of "divide and conquer". Shame on you BCNU! You have lost any support from me.

  • kootenay

    3 years ago

    BCNU Loves GC?

    Judy Darcy makes a very good point in this article;

    "Hospital Employees' Union secretary-business manager Judy Darcy says government's secretive pre-election dealings with some health unions is in stark contrast to the transparent and coordinated bargaining approach established by former finance minister Carole Taylor in 2006,"

    If BCNU actually cared about LPN's they wouldn't be leaving them high and dry, especially in these economic times. The Liberals if re-elected will use this situation to beat the hell out of HEU, they they have been isolated.

    I heard a BCNU representative, can't remember the name at this time, on CBC radio a couple days ago saying they thought the Liberals were doing a great job and were going to support them in the next election! Talk about Slimey

  • reallife

    3 years ago

    Those nasty Liberals

    Shame on the BC Liberals for allowing two leftist unions to squabble. The government should give both unions what they want.

  • alive

    3 years ago

    but you do not want to know

    reallife
    Maybe there is no point educating you, but what is happening is called: "divide and conquer".

  • reallife

    3 years ago

    Alive

    Maybe there is no point in educating you but some groups can think for themselves.

  • tricia58

    3 years ago

    There are articles too

    There are articles too numerous to mention where Debra McPherson (President BCNU) says LPNs are unsafe and put patient safety at risk. Why would she now want to represent these incompentents? Incompetents in her mind only.
    Would it be because HEU did such a good job showing the government the myths behind that and have instead promoted LPNs. Promoted LPNs so well that now there are more and more LPN jobs being created and less and less RN jobs. In actual fact there are enough jobs to go around. We all know there is a RN shortage.
    If LPNs join BCNU will the work promoting LPNs continue or would they just be forgotten?

  • DPL

    3 years ago

    The word"raiding" means a

    The word"raiding" means a lot to union folk. If the LPN's wish to be represented by another union that's up to them not us.

    Collective bargaining is a right as well. So let's all step aside and let the LPN's decide. Someone said HEU didn't represent their members well, when Gordo did his thing. He found out after spending many millions and ending up in the highest court in the country that he simply can't get away with breaking a contract. But lets not forget it was our money Gordo was spending. I seem to recall something like 85 million dollars

  • tricia58

    3 years ago

    DPL

    You quote of the number of dollars is fairly correct and yes it was our hard earned money. So do we still want a guy that throws our money away like that here May 13th?

  • alive

    3 years ago

    reallife

    When you refer to groups who think for themselves, I tend to associate it with the kind of groupthink we get from the Fraser Institute.

    In fact the typical "media" here in Canada does a lot of "groupthink" for us, and spews out their version of what we should think.

    Perhaps you do not see that the Tyee is bucking that trend?

    You will find some more individual takes on the events of the day on these pages than anywhere else.

    The posters here are anything but Groupthinkers, and you will find them having quite contrary opinions from any specific organization.

    In any event, look up "divide and conquer" and you will see why some are upset about BCNU's attempt at gaining favour with Gordo and his gang.

  • DPL

    3 years ago

    tricia581 day agoYou said.

    tricia581 day agoYou said. Do we want a guy who thorws away our money?

    Sure we need to get rid of the turkey and the sooner the better. He is still trying to break unions, as well as trying to sell anything of value in the province.

    His gag law failed, as has many of his other visions. Years ago I was in a debate while taking some bargaining courses at BCIT. Question was" are unions too strong?" The company guys all said they sure are. Two of us were in unions and stated that a Union is only as strong as a government allows them to be. Next question was. Do we have a need for unions?

    Almost forgot. The staff had a picket line, both of us refused to cross it so the class was moved away from the College and returned only when the school settled with the staff.
    King Gordo doesn't want unions to be strong enough to property suppport their members. Folks struck long before unions existed, but it's better and faster to speak with one voice when dealing with the boss.
    Remember the book. "Don't let the bastards grind you down"

  • reallife

    3 years ago

    Alive

    Sorry that my post led to a misunderstanding. I did not intend to imply that persons posting on this site could not think for themselves. Although the overwhelming majority share left of center thinking, I presume they reached those positions independently. My point was that two very large anti-government unions should be able to get along with or without encouragement from government.

  • tricia58

    3 years ago

    DPL

    Yes thanks for that. I do think dear Gordo has given us a good lesson why we need unions. And I for one will take the advice of the title of the book you quoted "Don't let the bastards grind you down."

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